    [JPRT, 110th Congress]
    [From the U.S. Government Publishing Office]

                          COMMITTEE ON FOREIGN AFFAIRS
                         COMMITTEE ON FOREIGN RELATIONS

    =======================================================================
            Legislation on
            Foreign Relations
            Through 2005

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                             JOINT COMMITTEE PRINT

                                  OCTOBER 2008

                                   VOLUME III

                            CURRENT LEGISLATION AND

                            RELATED EXECUTIVE ORDERS

                         U.S. House of Representatives

                                  U.S. Senate
           Legislation on Foreign Relations Through 2005--Volume III

                          COMMITTEE ON FOREIGN AFFAIRS
                         COMMITTEE ON FOREIGN RELATIONS

    =======================================================================

            Legislation on
            Foreign Relations
            Through 2005

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                  OCTOBER 2008

                                   VOLUME III

                            CURRENT LEGISLATION AND

                            RELATED EXECUTIVE ORDERS

                         U.S. House of Representatives

                                  U.S. Senate

     Printed for the use of the Committees on Foreign Affairs and Foreign
     Relations of the House of Representatives and the Senate respectively

                                   ----------
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    28-784 PDF                       WASHINGTON : 2008

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                          COMMITTEE ON FOREIGN AFFAIRS

                     HOWARD L. BERMAN, California, Chairman

    GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
    ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
    Samoa                                DAN BURTON, Indiana
    DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
    BRAD SHERMAN, California             DANA ROHRABACHER, California
    ROBERT WEXLER, Florida               DONALD A. MANZULLO, Illinois
    ELIOT L. ENGEL, New York             EDWARD R. ROYCE, California
    BILL DELAHUNT, Massachusetts         STEVE CHABOT, Ohio
    GREGORY W. MEEKS, New York           THOMAS G. TANCREDO, Colorado
    DIANE E. WATSON, California          RON PAUL, Texas
    ADAM SMITH, Washington               JEFF FLAKE, Arizona
    RUSS CARNAHAN, Missouri              MIKE PENCE, Indiana
    JOHN S. TANNER, Tennessee            JOE WILSON, South Carolina
    GENE GREEN, Texas                    JOHN BOOZMAN, Arkansas
    LYNN C. WOOLSEY, California          J. GRESHAM BARRETT, South Carolina
    SHEILA JACKSON LEE, Texas            CONNIE MACK, Florida
    RUBEN HINOJOSA, Texas                JEFF FORTENBERRY, Nebraska
    JOSEPH CROWLEY, New York             MICHAEL T. McCAUL, Texas
    DAVID WU, Oregon                     TED POE, Texas
    BRAD MILLER, North Carolina          BOB INGLIS, South Carolina
    LINDA T. SANCHEZ, California         LUIS G. FORTUNO, Puerto Rico
    DAVID SCOTT, Georgia                 GUS BILIRAKIS, Florida
    JIM COSTA, California                VACANT
    ALBIO SIRES, New Jersey
    GABRIEL GIFFORDS, Arizona
    RON KLEIN, Florida
    BARBARA LEE, California

                         Robert R. King, Staff Director

                    Yleem Poblete, Republican Staff Director

                                     ______

                         COMMITTEE ON FOREIGN RELATIONS

                    JOSEPH R. BIDEN, Jr., Delaware, Chairman

    CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
    JOHN F. KERRY, Massachusetts         CHUCK HAGEL, Nebraska
    RUSSELL D. FEINGOLD, Wisconsin       NORM COLEMAN, Minnesota
    BARBARA BOXER, California            BOB CORKER, Tennessee
    BILL NELSON, Florida                 GEORGE V. VOINOVICH, Ohio
    BARACK OBAMA, Illinois               LISA MURKOWSKI, Alaska
    ROBERT MENENDEZ, New Jersey          JIM DeMINT, South Carolina
    BENJAMIN L. CARDIN, Maryland         JOHNNY ISAKSON, Georgia
    ROBERT P. CASEY, Jr., Pennsylvania   DAVID VITTER, Louisiana
    JIM WEBB, Virginia                   JOHN BARRASSO, Wyoming

                       Antony J. Blinken, Staff Director

                Kenneth A. Myers, Jr., Republican Staff Director

                                      (ii)

                                    FOREWORD

                                  ----------

        This volume of legislation and related material is part of
    a five volume set of laws and related material frequently
    referred to by the Committees on International Relations of the
    House of Representatives and Foreign Relations of the Senate,
    amended to date and annotated to show pertinent history or
    cross references.
        Volumes I (A and B), II (A and B), III and IV contain
    legislation and related material and are republished with
    amendments and additions on a regular basis. Volume V, which
    contains treaties and related material, will be revised as
    necessary.
        We  wish  to  express  our  appreciation  to  Larry Q.
    Nowels and Dianne E. Rennack of the Foreign Affairs, Defense,
    and Trade Division of the Congressional Research Service of the
    Library of Congress and Suzanne Kayne of the U.S. Government
    Printing Office who prepared volume III of this year's
    compilation.
                                               Howard L. Berman,
                                Chairman, Committee on Foreign Affairs.
                                               Joseph R. Biden, Jr.,
                              Chairman, Committee on Foreign Relations.

                                                       October 1, 2008.

                                     (iii)

                                EXPLANATORY NOTE

                                  ----------

        The body of statutory law set out in this volume was in
    force, as amended, at the end of 2005.
        This volume sets out ``session law'' as originally enacted
    by Congress and published by the Archivist of the United States
    as ``slip law'' and later in the series United States Statutes
    at Large (as subsequently amended, if applicable). Amendments
    are incorporated into the text and distinguished by a footnote.
    Session law is organized in this series by subject matter in a
    manner designed to meet the needs of the Congress.
        Although laws enacted by Congress in the area of foreign
    relations are also codified by the Law Revision Counsel of the
    House of Representatives, typically in title 22 United States
    Code, those codifications are not positive law and are not, in
    most instances, the basis of further amendment by the Congress.
    Cross references to the United States Code are included as
    footnotes for the convenience of the reader.
        All Executive orders and State Department delegations of
    authority are codified and in force as of December 31, 2005.
        Corrections may be sent to Dianne E. Rennack at the Library
    of Congress, Congressional Research Service, Washington, D.C.,
    20540-7460, or by e-mail at drennack@crs.loc.gov.

                                      (v)

                                 ABBREVIATIONS

                                  ----------

    Bevans......................................  Treaties and Other
                                                   International Agreements
                                                   of the United States of
                                                   America, 1776-1949,
                                                   compiled under the
                                                   direction of Charles I.
                                                   Bevans.
    CFR.........................................  Code of Federal
                                                   Regulations.
    EAS.........................................  Executive Agreement
                                                   Series.
    F.R.........................................  Federal Register.
    LNTS........................................  League of Nations Treaty
                                                   Series.
    I Malloy, II Malloy.........................  Treaties, Conventions,
                                                   International Acts,
                                                   Protocols, and Agreements
                                                   Between the United States
                                                   of America and Other
                                                   Powers, 1776-1909,
                                                   compiled under the
                                                   direction of the United
                                                   States Senate by William
                                                   M. Malloy.
    R.S.........................................  Revised Statutes.
    Stat........................................  United States Statutes at
                                                   Large.
    TIAS........................................  Treaties and Other
                                                   International Acts
                                                   Series.
    TS..........................................  Treaty Series.
    UNTS........................................  United Nations Treaty
                                                   Series.
    U.S.C.......................................  United States Code.
    UST.........................................  United States Treaties and
                                                   Other International
                                                   Agreements.
                                      (vi)

                                C O N T E N T S

                                  ----------
                                                                       Page

    FOREWORD.........................................................   iii

    EXPLANATORY NOTE.................................................     v

    ABBREVIATIONS....................................................    vi

    I. INTERNATIONAL FINANCIAL INSTITUTIONS..........................     1

     1. Authorization for U.S. Participation.........................     3
     2. Authorization for Increased U.S. Participation...............   127
     3. Other Legislation Relating to International Financial
        Institutions.................................................   150

    J. FOREIGN ECONOMIC POLICY: TARIFF AND TRADE LAWS................   249

     1. Trade Legislation and Related Documents......................   256
     2. Export-Import Bank...........................................  1215
     3. Export Expansion.............................................  1332
     4. Export Administration........................................  1336
     5. International Economic Sanctions.............................  1458
     6. Johnson Act--Financial Transactions With Foreign Governments
        (Public Law 80-772) (partial text)...........................  1690
     7. Foreign Investment in the United States......................  1691
     8. Collection and Publication of Foreign Commerce and Trade
        Statistics (Public Law 87-826)...............................  1717
     9. Materials and Commodities....................................  1724
    10. Foreign Corrupt Practices....................................  1741

    APPENDICES.......................................................  1759

    INDEX............................................................  1805

                                     (vii)

    =======================================================================

                    I. INTERNATIONAL FINANCIAL INSTITUTIONS

                                    CONTENTS

                                                                       Page

    1. Authorization for U.S. Participation..........................     3
          a. International Monetary Fund/World Bank Group............     3
                (1) Bretton Woods Agreements Act, as amended (Public
                    Law 79-171)......................................     3
                (2) Bretton Woods Agreements Act Amendments, 1980
                    (Public Law 96-389) (partial text)...............    37
                (3) Bretton Woods Agreements Act Amendments, 1978
                    (Public Law 95-435) (partial text)...............    39
                (4) International Development Association Act, as
                    amended (Public Law 86-565)......................    41
                (5) Special Facility for Sub-Saharan Africa (Title I
                    of H.R. 2253, as enacted into law by sec. 101(i)
                    of Public Law 99-190) (partial text).............    49
                (6) International Finance Corporation Act, as amended
                    (Public Law 84-350)..............................    51
                (7) Multilateral Investment Guarantee Agency Act
                    (Title IV of H.R. 3570, as enacted into law by
                    sec. 101(e) of Public Law 100-202) (partial text)    56
          b. Inter-American Development Bank.........................    61
                (1) Inter-American Development Bank Act, as amended
                    (Public Law 86-147)..............................    61
                (2) Inter-American Investment Corporation Act (Title
                    II of S. 2416, as introduced in the Senate on
                    March 13, 1984 and enacted into law by Public Law
                    98-473) (partial text)...........................    79
          c. Asian Development Bank Act, as amended (Public Law 89-
              369)...................................................    83
          d. African Development Bank Act (Public Law 97-35) (partial
              text)..................................................    96
          e. African Development Fund Act, as amended (Public Law 94-
              302) (partial text)....................................   101
          f. European Bank for Reconstruction and Development Act
              (Public Law 101-513) (partial text)....................   108
          g. North American Development Bank.........................   113
                (1) North American Development Bank Act (Public Law
                    103-182) (partial text)..........................   113
                (2) North American Development Bank Amendments
                    (Public Law 108-215) (partial text)..............   120
          h. Bank for Economic Cooperation and Development in the
              Middle East and North Africa Act (Public Law 104-208)
              (partial text).........................................   124
    2. Authorization for Increased U.S. Participation................   127
          a. International Development and Finance Act of 1989
              (Public Law 101-240) (partial text)....................   127
          b. Providing for U.S. Participation in a Capital Stock
              Increase for the International Bank for Reconstruction
              and Development and Replenishment of the African
              Development Fund (H.R. 4645, as passed by the House on
              September 28, 1988, and enacted into law by sec. 555 of
              Public Law 100-461) (partial text).....................   144
          c. Providing for Increased Participation by the United
              States in the Inter-American Development Bank, the
              Asian Development Bank, and the African Development
              Fund (Public Law 96-259) (partial text)................   148
    3. Other Legislation Relating to International Financial
        Institutions.................................................   150
          a. International Financial Institutions Act (Public Law 95-
              118) (partial text)....................................   150
          b. Mexican Debt Disclosure Act of 1995 (Public Law 104-6)
              (partial text).........................................   208
          c. FREEDOM Support Act of 1992 (Public Law 102-511)
              (partial text).........................................   212
          d. IFI Funding for Mines (Public Law 99-88) (partial text).   214
          e. International Debt Forgiveness and International
              Financial Institutions Reform (Public Law 106-429)
              (partial text).........................................   216
          f. Foreign Operations Appropriations Instructions, Fiscal
              Year 2006 (Public Law 109-102) (partial text)..........   220
          g. International Lending Supervision Act of 1983 (Title IX
              of Public Law 98-181)..................................   225
          h. Multilateral Development Banks--Sense of Congress (Title
              X of Public Law 98-181) (partial text).................   234
          i. Foreign Currency Reports (Public Law 93-110) (partial
              text)..................................................   236
          j. Par Value Modification Act, as amended (Public Law 92-
              268)...................................................   242
          k. Special Drawing Rights Act, as amended (Public Law 90-
              349)...................................................   243
          l. Convention on the Settlement of Investment Disputes Act
              of 1966 (Public Law 89-532) (partial text).............   245
          m. National Advisory Council on International Monetary and
              Financial Policies (Executive Order 11269, as amended).   246

    =======================================================================

                    1. Authorization for U.S. Participation

                a. International Monetary Fund/World Bank Group

                  (1) Bretton Woods Agreements Act, as amended

    Public Law 79-171 [H.R. 3314], 59 Stat. 512, approved July 31, 1945; as
    amended by Public Law 80-472 [S. 2202], 62 Stat. 137, approved April 3,
     1948; Public Law 81-142 [H.R. 4332], 63 Stat. 298, approved June 29,
    1949; Public Law 82-165 [H.R. 5113], 65 Stat. 373, approved October 10,
    1951; Reorganization Plan No. 7 of 1953, August 1, 1953, 18 F.R. 4541,
       67 Stat. 639: Public Law 83-570 [S. 3589], 68 Stat. 677, approved
    August 9, 1954; Public Law 86-48 [S. 1094], 73 Stat. 80, approved June
     17, 1959; Public Law 87-490 [H.R. 10162], 76 Stat. 105, approved June
        19, 1962; Public Law 88-178 [H.R. 7405], 77 Stat. 334, approved
    November 13, 1963; Public Law 89-31 [H.R. 6497], 79 Stat. 119, approved
       June 2, 1965; Public Law 89-126 [S. 1742], 79 Stat. 519, approved
        August 14, 1965; Public Law 91-599 [H.R. 18306], 84 Stat. 1657,
     approved December 30, 1970; Public Law 93-94 [S. 1887], 87 Stat. 314,
      approved August 15, 1973; Public Law 94-564 [H.R. 13955], 90 Stat.
       2660, approved October 19, 1976; Public Law 95-118 [International
    Financial Institutions Act; H.R. 5262], 91 Stat. 1067, approved October
    3, 1977; Public Law 95-147 [H.R. 5675], 91 Stat. 1227 at 1228, approved
       October 28, 1977; Public Law 95-435 [Bretton Woods Agreements Act
    Amendments, 1978; H.R. 9214], 92 Stat. 1051, approved October 10, 1978;
     Public Law 96-389 [Bretton Woods Agreements Act Amendments, 1980; S.
       2271], 94 Stat. 1551, approved October 7, 1980; Public Law 97-35
    [Omnibus Budget Reconciliation Act of 1981; H.R. 3982], 95 Stat. 357 at
    740 and 746, approved August 13, 1981, Public Law 98-181 [Supplemental
    Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153, approved November
     30, 1983; Public Law 99-190 [Further Continuing Appropriations, 1986;
     H.J. Res. 465], 99 Stat. 1185, approved December 19, 1985; Public Law
    99-591 [Continuing Appropriations Act, 1987; H.J. Res. 738], 100 Stat.
        3341, approved October 30, 1986; Public Law 100-202 [Continuing
    Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December
         22, 1987; H.R. 4645 as enacted by Public Law 100-461 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
    101-240 [International Development and Finance Act of 1989; H.R. 2494],
    103 Stat. 2492, approved December 19, 1989; Public Law 102-511 [FREEDOM
       Support Act, S. 2532], 106 Stat. 3320, approved October 24, 1992;
    Public Law 103-149 [South African Democratic Transition Support Act of
     1993; H.R. 3225], 107 Stat. 1503, approved November 23, 1993; Public
         Law 105-277 [Omnibus Consolidated and Emergency Supplemental
    Appropriations Act, 1999; H.R. 4328] 112 Stat. 2681-1, approved October
        21, 1998; Public Law 106-36 [Miscellaneous Trade and Technical
      Corrections Act of 1999; H.R. 435] 113 Stat 127, approved June 25,
     1999; Public Law 106-113 [Consolidated Appropriations Act, 2000; H.R.
     3194] 113 Stat. 1501, approved November 29, 1999; and Public Law 106-
        429 [Foreign Operations, Export Financing and Related Programs
    Appropriations Act, 2001; H.R. 5526], 114 Stat. 1900, approved November
                                    6, 2000

      AN ACT To provide for the participation of the United States in the
          International Monetary Fund and the International Bank for
                        Reconstruction and Development.

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

                                  short title

        Section 1. This Act may be cited as the ``Bretton Woods
    Agreements Act.''

                            acceptance of membership

        Sec. 2.\1\ The President is hereby authorized to accept
    membership for the United States in the International Monetary
    Fund (herein after referred to as the ``Fund''), and in the
    International Bank for Reconstruction and Development
    (hereinafter referred to as the ``Bank''), provided for the
    Articles of Agreement of the Fund and the Articles of Agreement
    of the Bank as set forth in the Final Act of the United Nations
    Monetary and Financial Conference dated July 22, 1944, and
    deposited in the archives of the Department of State.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 286.
    ---------------------------------------------------------------------------

         appointment of governors, executive directors, and alternates

        Sec. 3.\2\ (a) The President, by and with the advice and
    consent of the Senate, shall appoint a governor of the Fund who
    shall also serve as governor of the Bank, and an executive
    director of the Fund and an executive director of the Bank. The
    executive directors so appointed shall also serve provisional
    executive directors of the Fund and the Bank for the purposes
    of the respective Articles of Agreement. The term of office for
    the governor of the Fund and of the Bank shall be five years.
    The term of office for the executive directors shall be two
    years, but the executive directors shall remain in office until
    their successors have been appointed.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 286a. See sec. 3 of the International Finance
    Corporation Act, page 51. See sec. 3 of the International Development
    Association Act, page 41.
    ---------------------------------------------------------------------------
        (b) The President, by and with the advice and consent of
    the Senate, shall appoint an alternate for the governor of the
    fund and an alternate for the governor of the Bank.\3\ The
    President, by and with the advice and consent of the Senate,
    shall appoint an alternate for each of the executive directors.
    The alternate for each executive director shall be appointed
    from among individuals recommended to the President by the
    executive director. The terms of office for alternates for the
    governor and the executive directors shall be the same as the
    terms specified in subsection (a) for the governor and
    executive directors.
    ---------------------------------------------------------------------------
        \3\ Public Law 93-94 (87 Stat. 314) struck out ``who shall also
    serve as alternate for the governor of the bank'' and inserted in lieu
    thereof ``and an alternate for the governor of the Bank''.
    ---------------------------------------------------------------------------
        (c) \4\ Should the provisions of Schedule D of the Articles
    of Agreement of the Fund apply, the Governor of the Fund shall
    also serve as councillor, shall designate an alternate for the
    councillor, and may designate associates.
    ---------------------------------------------------------------------------
        \4\ Upon entry into force on April 1, 1978 of the amendments to the
    Articles of Agreement to the IMF, subsecs. (c) and (d), as provided for
    in sec. 2 of Public Law 94-564, became effective. The old subsec. (c)
    language that was struck out was essentially the same as the new
    subsec. (d)(1) but without references to the councillor or associate.
    ---------------------------------------------------------------------------
        (d) \4\ (1) \5\ No person shall be entitled to receive any
    salary or other compensation from the United States for
    services as a Governor, executive director, councillor,
    alternate, or associate.
    ---------------------------------------------------------------------------
        \5\ Sec. 2 of Public Law 95-435 (92 Stat. 1051) added the paragraph
    designation ``(1)'' and added paras. (2) and (3).
    ---------------------------------------------------------------------------
        (2) \5\ The United States executive director of the Fund
    shall not be compensated by the Fund at a rate in excess of the
    rate provided for an individual occupying a position at level
    IV of the Executive Schedule under section 5315 of title 5,
    United States Code. The United States alternate executive
    director of the Fund shall not be compensated by the Fund at a
    rate in excess of the rate provided for an individual occupying
    a position at level V of the Executive Schedule under section
    5316 of title 5, United States Code.
        (3) \5\ The Secretary of the Treasury shall instruct the
    United States executive director of the Fund to present to the
    Fund's Executive Board a comprehensive set of proposals,
    consistent with maintaining high levels of competence of Fund
    personnel and consistent with the Articles of Agreement, with
    the objective of assuring that salaries and other compensation
    accorded Fund employees do not exceed those received by persons
    filling similar levels of responsibility within national
    government service or private industry. The Secretary shall
    report these proposals together with any measures adopted by
    the Fund's Executive Board to the Congress prior to February 1,
    1979.

       national advisory council on international monetary and financial
                                    problems

        Sec. 4.\6\ (a) In order to coordinate the policies and
    operations of the representatives of the United States on the
    Fund and the Bank and of all agencies of the Government which
    make or participate in making foreign loans or which engage in
    foreign financial, exchange or monetary transactions, there is
    hereby established the National Advisory Council on
    International Monetary and Financial Problems (hereinafter
    referred to as the ``Council''), consisting of the Secretary of
    the Treasury, as Chairman, the Secretary of State, the
    Secretary of Commerce, the Chairman of the Board of Governors
    of the Federal Reserve System,\7\ the President of the Export-
    Import Bank of Washington, and during such period as the
    Foreign Operations Administration shall continue to exist, the
    Director of the Foreign Operations Administration.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 286b. See sec. 5 of the International Finance
    Corporation Act, page 42. See sec. 4 of the International Development
    Association Act and sec. 4 of the Inter-American Development Bank Act,
    pages 51 and 62, respectively.
        For revisions of functions and status of the Council, see
    Reorganization Plan No. 4 of 1965 (sec. 16, sec. 3(a) and sec. 3(b)).
    See also Executive Order 11269.
        \7\ The material following ``Federal Reserve System,'' read as
    follows in the original Act: ``and the Chairman of the Board of
    Trustees of the Export-Import Bank of Washington''. Sec. 4(a) has been
    amended as follows:
        (1) The Economic Corporation Act of 1948 (62 Stat. 141), sec. 106
    of which amended sec. 4(a) so as to include the Administrator for
    Economic Cooperation ``during such period as the Economic Cooperation
    Administration shall continue to exist'';
        (2) The Mutual Security Act of 1951 (65 Stat. 378), sec. 501(e)(2)
    of which amended sec. 4(a), by striking out ``Economic Cooperation
    Administration'' and ``Administrator for Economic Cooperation'' and
    inserting in lieu thereof ``Mutual Security Agency'' and ``Director for
    Mutual Security'', respectively;
        (3) Reorganization Plan No. 5 of 1953, effective June 30, 1953 (67
    Stat. 637), sec. 7 of which abolished the function of the Chairman of
    the Board of Directors of the Export-Import Bank of Washington of being
    a member of the National Advisory Council;
        (4) Reorganization Plan No. 7 of 1953, effective August 1, 1953 (67
    Stat. 6400), sec. 4 of which provided that the Director of the Foreign
    Operations Administration should be a member of the National Advisory
    Council; and
        (5) Public Law 83-570 (68 Stat. 677, 678), sec. 2 of which inserted
    the part of the text quoted above following ``the Federal Reserve
    System''.
        Executive Order 10610 (20 F.R. 3179; effective July 1, 1955),
    abolished the Foreign Operations Administration and the Office of
    Director of the Foreign Operations Administration, and the membership
    of the Director of the Foreign Operations Administration on the
    National Advisory Council thereby expired by operation of law effective
    on that date.
    ---------------------------------------------------------------------------
        (b)(1) The Council, after consultation with the
    representatives of the United States on the Fund and the Bank,
    shall recommend to the President general policy directives for
    the guidance of the representatives of the United States on the
    Fund and the Bank.
        (2) The Council shall advise and consult with the President
    and the representatives of the United States on the Fund and
    the Bank on major problems arising in the administration of the
    Fund and the Bank.
        (3) The Council shall coordinate, by consultation or
    otherwise, so far as is practicable, the policies and
    operations of the representatives of the United States on the
    Fund and the Bank, the Export-Import Bank of Washington and all
    other agencies of the Government to the extent that they make
    or participate in the making of foreign loans or engage in
    foreign, financial, exchange or monetary transactions.
        (4) Whenever, under the Articles of Agreement of the Fund
    or the Articles of Agreement of the Bank, the approval, consent
    or agreement of the United States is required before an act may
    be done by the respective institutions, the decision as to
    whether such approval, consent, or agreement, shall be given or
    refused shall (to the extent such decision is not prohibited by
    section 5 of this Act) be made by the Council, under the
    general direction of the President. No governor, executive
    director, or alternate representing the United States shall
    vote in favor of any waiver of condition under article V,
    section 4, or in favor of any declaration of the United States
    dollar as a scarce currency under article VII, section 3, of
    the Articles of Agreement of the Fund, without prior approval
    of the Council.
        (5) \8\ The Council shall make such reports and
    recommendations to the President as he may from time to time
    request, or as the Council may consider necessary to more
    effectively or efficiently accomplish the purposes of this Act
    or the purposes for which the Council is created.
    ---------------------------------------------------------------------------
        \8\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(d)(1)
    of the International Development and Finance Act of 1989 (Public Law
    101-240; 103 Stat. 2518) repealed clauses (5) and (6), and redesignated
    clauses (7) and (8) as clauses (5) and (6), respectively. Clauses (5)
    and (6) formerly read as follows:
        ``(5) The Council shall transmit to the President and to the
    Congress an annual report with respect to the participation of the
    United States in the Fund and Bank.
        ``(6) Each such report shall contain such data concerning the
    operations and policies of the Fund and Bank, such recommendations
    concerning the Fund and Bank, and such other data and material as the
    Council may deem appropriate.''.
    ---------------------------------------------------------------------------
        (6) \8\ The general policy objectives of the guidance of
    the United States Executive Director of the Bank shall take
    into account the effect that development assistance loans have
    upon individual industry sectors and international commodity
    markets--
              (A) to minimize projected adverse impacts; and
              (B) to avoid, wherever possible, government
            subsidization of production and exports of
            international commodities without regard to economic
            conditions in the markets for such commodities.
        (c) The representatives of the United States on the Fund
    and the Bank, and the Export-Import Bank of Washington (and all
    other agencies of the Government to the extent that they make
    or participate in the making of foreign loans or engage in
    foreign financial, exchange or monetary transactions) shall
    keep the Council fully informed of their activities and shall
    provide the Council with such further information or data in
    their possession as the Council may deem necessary to the
    appropriate discharge of its responsibilities under this Act.

               certain acts not to be taken without authorization

        Sec. 5.\9\ Unless Congress by law authorizes such action,
    neither the President nor any person or agency shall on behalf
    of the United States (a) request or consent to any change in
    the quota of the United States under article III, section 2(a),
    of the Articles of Agreement of the Fund; (b) propose a par
    value for the United States dollar under paragraph 2, paragraph
    4, or paragraph 10 of schedule C of the Articles of Agreement
    of the Fund; (c) propose any change in the par value of the
    United States dollar under paragraph 6 of schedule C of the
    Articles of Agreement of the Fund, or approve any general
    change in par values under paragraph 11 of schedule C; (d)
    subscribe to additional shares of stock under article II,
    section 3, of the Articles of Agreement of the Bank; (e) accept
    any amendment under article XXVIII of the Articles of Agreement
    of the Fund on article VIII of the Articles of Agreement of the
    Bank; (f) make any loan to the Fund or the Bank; or (g) \10\
    approve any disposition of Fund gold, unless the Secretary
    certifies to the Congress that such disposition is necessary
    for the Fund to restitute gold to its members, or for the Fund
    to provide liquidity that will enable the Fund to meet member
    country claims on the Fund or to meet threats to the systemic
    stability of the international financial system. Unless
    Congress by law authorizes such action, no governor or
    alternate appointed to represent the United States shall vote
    for an increase of capital stock of the Bank under article II,
    section 2, of the Articles of Agreement of the Bank, if such
    increase involves an increased subscription on the part of the
    United States.\11\ Neither the President nor any person or
    agency shall, on behalf of the United States, consent to any
    borrowing (other than borrowing from a foreign government or
    other official public source) by the Fund or funds denominated
    in United States dollars, unless the Secretary of the Treasury
    transmits a notice of such proposed borrowing to both Houses of
    the Congress at least 60 days prior to the date on which such
    borrowing is scheduled to occur.\12\
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 286c. Upon entry into force on April 1, 1978, of the
    amendments to the Articles of Agreement of the IMF, the first sentence
    of sec. 5, as provided for by sec. 3 of Public Law 94-564, was amended
    and restated. It formerly read as follows:
        ``Unless Congress by law authorizes such action, neither the
    President nor any person or agency shall on behalf of the United States
    (a) request or consent to any change in the quota of the United States
    under article III, section 2, of the Articles of Agreement of the Fund;
    (b) propose or agree to any change in the par value of the United
    States dollar under article IV, section 5, or article XX, section 4, of
    the Articles of Agreement of the Fund, or approve any general change in
    par values under article IV, section 7; (c) subscribe to additional
    shares of stock under article II, section 3, of the Articles of
    Agreement of the Bank; (d) accept any amendment under article XVII of
    the Articles of Agreement of the Fund or article VIII of the Articles
    of Agreement of the Bank; (e) make any loan to the Fund or the Bank.''.
        \10\ Clause (g), which had been added as part of the amendment
    described in footnote 9, was further amended by sec. 4(a)(1) of Public
    Law 95-147 (91 Stat. 1228) to read ``approve either the disposition of
    more than 25 million ounces of Fund gold for the benefit of the Trust
    Fund established by the Fund on May 6, 1976, or the establishment of
    any additional trust fund whereby resources of the International
    Monetary Fund would be used for the special benefit of a single member,
    or of a particular segment of the membership, of the Fund.'' Although
    it never became effective, the original clause (g) read as follows:
        ``(g) approve the establishment of any additional trust fund, for
    the special benefit of a single member, or of a particular segment of
    the membership, of the Fund.''.
        Sec. 504(d)(1) of Public Law 106-113 (113 Stat. 1501A-317) further
    amended clause (g) by striking the clause as read above and inserting
    ``approve any disposition of Fund gold, unless the Secretary certifies
    to the Congress that such disposition is necessary for the Fund to
    restitute gold to its members, or for the Fund to provide liquidity
    that will enable the Fund to meet member country claims on the Fund or
    to meet threats to the systemic stability of the international
    financial system.''
        \11\ Sec. 1(2) of Public Law 89-126 (79 Stat. 519) inserted ``, if
    such increase involves an increased subscription on the part of the
    United States''.
        \12\ Sec. 811 of Public Law 98-181 (97 Stat. 1274) added this
    sentence.
    ---------------------------------------------------------------------------

                                  depositories

        Sec. 6.\13\ Any Federal Reserve Bank which is requested to
    do so by the Fund or the Bank shall act as its depository or
    its fiscal agent, and the Board of Governors of the Federal
    Reserve System shall supervise and direct the carrying out of
    these functions by the Federal Reserve banks.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 286d.
    ---------------------------------------------------------------------------

                            payment of subscriptions

        Sec. 7. (a) Subsection (c) of section 10 of the Gold
    Reserve Act of 1934, as amended (U.S.C. title 31, sec.
    822a),\14\ is amended to read as follows:
    ---------------------------------------------------------------------------
        \14\ Public Law 97-258 recodified title 31, U.S.C., and sec. 822a
    became sec. 5302. Public Law 97-258, in redesignating sec. 822a as sec.
    5302, also amended the text, and the amendment made to subsec. (c) by
    this section was omitted.
    ---------------------------------------------------------------------------
        ``(c) The Secretary of the Treasury is directed to use
    $1,800,000,000 of the fund established in this section to pay
    part of the subscription of the United States to the
    International Monetary Fund; and any repayment thereof shall be
    covered into the Treasury as a miscellaneous receipt.''.
        (b) \15\ The Secretary of the Treasury is authorized to pay
    the balance \16\ of the subscription of the United States to
    the Fund not provided for in subsection (a) and to pay the
    subscription of the United States to the Bank from time to time
    when payments are required to be made to the Bank. For the
    purpose of making these payments, the Secretary of the Treasury
    is authorized to use as a public-debt transaction
    $8,675,000,000 \16\ of the proceeds of any securities hereafter
    issued under the Second Liberty Bond Act, as amended, and the
    purposes for which securities may be issued under that Act are
    extended to include such purpose. Payment under this subsection
    of the subscription of the United States to the Fund or the
    Bank and repayments thereof shall be treated as public-debt
    transactions of the United States.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 286e.
        \16\ Sec. 2 of Public Law 86-48 (73 Stat. 80) struck out ``of
    $950,000,000'' after ``authorized to pay the balance'', and struck out
    ``$4,125,000,000'' and inserted in lieu thereof ``$8,675,000,000''.
    ---------------------------------------------------------------------------
        (c) For the purpose of keeping to a minimum the cost to the
    United States of participation in the Fund and the Bank, the
    Secretary of the Treasury, after paying the subscription of the
    United States to the Fund, and any part of the subscription of
    the United States to the Bank required to be made under article
    II, section 7(i), of the Articles of Agreement of the Bank, is
    authorized and directed to issue special notes of the United
    States from time to time at par and to deliver such notes to
    the Fund and the Bank in exchange for dollars to the extent
    permitted by the respective Articles of Agreement. The special
    notes provided for in this subsection shall be issued under the
    authority and subject to the provisions of the Second Liberty
    Bond Act, as amended, and the purposes for which securities may
    be issued under that Act are extended to include the purposes
    for which special notes are authorized and directed to be
    issued under the subsection, but such notes shall bear no
    interest, shall be non-negotiable, and shall be payable on
    demand of the Fund or the Bank, as the case may be. The face
    amount of special notes issued to the Fund under the authority
    of this subsection and outstanding at any one time shall not
    exceed in the aggregate the amount of the subscription of the
    United States actually paid to the Fund and the dollar
    equivalent of currencies and gold which the United States shall
    have purchased from the Fund in accordance with Articles of
    Agreement,\17\ and the face amount of such notes issued to the
    Bank and outstanding at any one time shall not exceed in the
    aggregate the amount of the subscription of the United States
    actually paid to the Bank under article II, section 7(i), of
    the Articles of Agreement of the Bank.
    ---------------------------------------------------------------------------
        \17\ Sec. 2 of Public Law 87-490 (76 Stat. 105) inserted ``and the
    dollar equivalent of currencies and gold which the United States shall
    have purchased from the Fund in accordance with Articles of
    Agreement''.
    ---------------------------------------------------------------------------
        (d) Any payment made to the United States by the Fund or
    the Bank as a distribution of net income shall be covered into
    the Treasury as a miscellaneous receipt.

                      obtaining and furnishing information

        Sec. 8.\18\ (a) Whenever a request is made by the Fund to
    the United States as a member to furnish data under article
    VIII, section 5, of the Articles of Agreement, of the Fund, the
    President may, through any agency he may designate, require any
    person to furnish such information as the President may
    determine to be essential to comply with such request. In
    making such determination the President shall seek to collect
    the information only in such detail as is necessary to comply
    with the request of the Fund. No information so acquired shall
    be furnished to the Fund in such detail that the affairs of any
    person are disclosed.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 286f.
    ---------------------------------------------------------------------------
        (b) In the event any person refuses to furnish such
    information when requested to do so, the President, through any
    designated governmental agency, may by subpoena require such
    person to appear and testify or to appear and produce records
    and other documents, or both. In case of contumacy by, or
    refusal to obey a subpoena served upon any such person, the
    district court for any district in which such person is found
    or resides or transacts business, upon application by the
    President or any governmental agency designated by him, shall
    have jurisdiction to issue an order requiring such person to
    appear and give testimony or appear and produce records and
    documents, or both; and any failure to obey such order of the
    court may be punished by such court as a contempt thereof.
        (c) It shall be unlawful for any officer or employee of the
    Government, or for any adviser or consultant to the Government,
    to disclose, otherwise than in the course of official duty, any
    information obtained under this section, or to use such
    information for his personal benefit. Whoever violates any of
    the provisions of this subsection shall, upon conviction, be
    fined not more than, $5,000, or imprisoned for not more than
    five years, or both.
        (d) The term ``person'' as used in this section means an
    individual, partnership, corporation or association.

           financial transactions with foreign governments in default

        Sec. 9. The Act entitled ``An Act to prohibit financial
    transactions with any foreign government in default of its
    obligations to the United States'', approved April 13, 1934
    (U.S.C. title 31, sec. 804a),\19\ is amended by adding at the
    end thereof a new section to read as follows:
    ---------------------------------------------------------------------------
        \19\ Sec. 21 of the Act of June 25, 1948 (62 Stat. 862) repealed 31
    U.S.C. 804a. Matters related to financial transactions with foreign
    governments in default to the United States are now covered by 18
    U.S.C. 955.
    ---------------------------------------------------------------------------
        ``Sec. 3. While any foreign government is a member both of
    the International Monetary Fund and of the International Bank
    for Reconstruction and Development, this Act shall not apply to
    the sale or purchase of bonds, securities, or other obligations
    of such government or any political subdivision thereof or of
    any organization or association acting for or on behalf of such
    government or political subdivision, or to the making of any
    loan to such government, political subdivision, organization,
    or association.''.

                       jurisdiction and venue of actions

        Sec. 10.\20\ For the purpose of any action which may be
    brought within the United States or its Territories or
    possessions by or against the Fund or the Bank in accordance
    with the Articles of Agreement of the Fund or the Articles of
    Agreement of the Bank, the Fund or the Bank, as the case may
    be, shall be deemed to be an inhabitant of the Federal judicial
    district in which its principal office in the United States is
    located, and any such action at law or in equity to which
    either the Fund or the Bank shall be a party shall be deemed to
    arise under the laws of the United States, and the district
    courts of the United States shall have original jurisdiction of
    any such action. When either the Fund or the Bank is a
    defendant in any such action, it may, at any time before the
    trial thereof, remove such action from a State court into the
    district court of the United States for the proper district by
    following the procedure for removal of causes otherwise
    provided by law.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 286g.
    ---------------------------------------------------------------------------

                       status, immunities and privileges

        Sec. 11.\21\ The provisions of article IX, sections 2 to 9,
    both inclusive, and the first sentence of article VIII, section
    2(b), of the Articles of Agreement of the Fund, and the
    provisions of article VI, section 5(i), and article VII,
    sections 2 to 9, both inclusive, of the Articles of Agreement
    of the Bank, shall have full force and effect in the United
    States and its Territories and possessions upon acceptance of
    membership by the United States in, and the establishment of,
    the Fund and the Bank, respectively.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 286h.
    ---------------------------------------------------------------------------

                        stabilization loans by the bank

        Sec. 12.\22\ The governor and executive director of the
    Bank appointed by the United States are hereby directed to
    obtain promptly an official interpretation by the Bank as to
    its authority to make or guarantee loans for programs of
    economic reconstruction and the reconstruction of monetary
    systems, including loan-term stabilization loans. If the Bank
    does not interpret its powers to include the making or
    guaranteeing of such loans, the governor of the Bank
    representing the United States is hereby directed to propose
    promptly and support an amendment to the Articles of Agreement
    for the purpose of explicitly authorizing the Bank, after
    consultation with the Fund, to make or guarantee such loans.
    The President is hereby authorized and directed to accept an
    amendment to that effect on behalf of the United States.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 286i.
    ---------------------------------------------------------------------------

                      stabilization operations by the fund

        Sec. 13.\23\ (a) The governor and executive director of the
    Fund appointed by the United States are hereby directed to
    obtain promptly an official interpretation by the Fund as to
    whether its authority to use its resources extends beyond
    current monetary stabilization operations to afford temporary
    assistance to members in connection with seasonal, cyclical,
    and emergency fluctuations in the balance of payments of any
    member for current transactions, and whether it has authority
    to use its resources to provide facilities for relief,
    reconstruction, or armaments, or to meet a large or sustained
    outflow of capital on the part of any member.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 286j.
    ---------------------------------------------------------------------------
        (b) If the interpretation by the Fund answers in the
    affirmative any of the questions stated in subsection (a), the
    governor of the Fund representing the United States is hereby
    directed to propose promptly and support an amendment to the
    Articles of Agreement for the purpose of expressly negativing
    such interpretation. The President is hereby authorized and
    directed to accept an amendment to that effect on behalf of the
    United States.

             further promotion of international economic relations

        Sec. 14.\24\ (a) \25\ In the realization that additional
    measures of international economic cooperation are necessary to
    facilitate the expansion and balanced growth of international
    trade and render most effective the operations of the Fund and
    the Bank, it is hereby declared to be the policy of the United
    States to seek to bring about further agreement and cooperation
    among nations and international bodies, as soon as possible, on
    ways and means which will best reduce obstacles to and
    restrictions upon international trade, eliminate unfair trade
    practices, promote mutually advantageous commercial relations,
    and otherwise facilitate the expansion and balanced growth of
    international trade and promote the stability of international
    economic relations. In considering the policies of the United
    States in foreign lending and the policies of the Fund and the
    Bank, particularly in conducting exchange transactions, the
    Council and the United States representatives on the Fund and
    the Bank shall give careful consideration to the progress which
    has been made in achieving such agreement and cooperation.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 286k.
        \25\ Sec. 4(a)(2) of Public Law 95-147 (91 Stat. 1228) added
    subsection designation ``(a)'' and a new subsec. (b).
    ---------------------------------------------------------------------------
        (b) \25\ The President shall, upon the request of any
    committee of the Congress with legislative or oversight
    jurisdiction over monetary policy or the International Monetary
    Fund, provide to such committee any appropriate information
    relevant to that committee's jurisdiction which is furnished to
    any department or agency of the United States by the
    International Monetary Fund. The President shall comply with
    this provision consistent with United States membership
    obligations in the International Monetary Fund and subject to
    such limitations as are appropriate to the sensitive nature of
    the information.
        Sec. 15.\26\ (a) Any securities issued by International
    Bank for Reconstruction and Development (including any guaranty
    by the Bank, whether or not limited in scope), and any
    securities guaranteed by the Bank as to both principal and
    interest, shall be deemed to be exempted securities within the
    meaning of paragraph (A)(2) of section 3 of the Act of May 27,
    1933, as amended (U.S.C., title 15, sec. 77c), and paragraph
    (a)(12) of section 3 of the Act of June 6, 1934, as amended
    (U.S.C., title 15, sec. 78c). The Bank shall file with the
    Securities and Exchange Commission such annual and other
    reports with regard to such securities as the Commission shall
    determine to be appropriate in view of the special character of
    the Bank and its operations and necessary in the public
    interest for the protection of investors.
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 286k-1. Sec. 2 of Public Law 81-142 (63 Stat. 298-
    299) added sec. 15.
    ---------------------------------------------------------------------------
        (b) \27\ * * * [Repealed--1989]
    ---------------------------------------------------------------------------
        \27\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(d)(1)
    of the International Development and Finance Act of 1989 (Public Law
    101-240; 103 Stat. 2518) repealed sec. 15(b), which read as follows:
        ``The reports of the National Advisory Council provided for in
    section 4(a)(6) of the Bretton Woods Agreements Act shall also cover
    and include the effectiveness of the provisions of section 15(a) of
    this Act and the exemption for securities issued by the Bank provided
    by Section 8 of the National Bank Act in facilitating the operations of
    the Bank and the extent to which the operations of the Bank may assist
    in financing European recovery and the reconstruction and development
    of the economic resources of member countries of the Bank and the
    recommendations of the Council as to any modifications it may deem
    desirable in the provisions of this Act.''.
    ---------------------------------------------------------------------------
        Sec. 16.\28\ (a) The United States Governor of the Fund is
    authorized to request and consent to an increase of
    $1,375,000,000 in the quota of the United States under article
    III, section 2, of the articles of agreement of the Fund as
    proposed in the resolution of the Board of Governors of the
    Fund dated February 2, 1959.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 286e-1.
    ---------------------------------------------------------------------------
        (b) The United States Governor of the Bank is authorized
    (1) to vote for increases in the capital stock of the Bank
    under article II, section 2, of the Articles of Agreement of
    the Bank, as recommended in the resolution of the Board of
    Governors of the Bank dated February 2, 1959, and (2) if such
    increases become effective to subscribe on behalf of the United
    States to thirty-one thousand seven hundred and fifty
    additional shares of stock under article II, section 3, of the
    Articles of Agreement of the Bank.
        Sec. 17.\29\ (a) In order to carry out the purposes of the
    decision of January 5, 1962, and February 24, 1983, and January
    27, 1997,\30\ as amended in accordance with their terms,\31\ of
    the Executive Directors of the International Monetary Fund, the
    Secretary of the Treasury is authorized to make loans, in an
    amount not to exceed the equivalent of 6,712,000,000 \32\
    Special Drawing Rights, limited to such amounts as are provided
    in advance in appropriations Acts,\33\ except that prior to
    activation, the Secretary of the Treasury shall certify that
    supplementary resources are needed to forestall or cope with an
    impairment of the international monetary system and that the
    Fund has fully explored other means of funding,\34\ to the Fund
    under article VII, section 1(i),\35\ of the Articles of
    Agreement of the Fund. Any loan under the authority granted in
    this subsection shall be made with due regard to the present
    and prospective balance of payments and reserve position of the
    United States.
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 286e-z. Public Law 87-490 (76 Stat. 105) added sec.
    17.
        \30\ Sec. 609(1)(A) of Public Law 105-277 (112 Stat. 2681-224)
    struck out ``and February 24, 1983'' and inserted in lieu thereof
    ``February 24, 1983, and January 27, 1997''.
        \31\ Sec. 802(a)(1) of Public Law 98-181 (97 Stat. 1268) inserted
    ``and February 24, 1983, as amended in accordance with their terms,''.
        \32\ Sec. 609(1)(B) of Public Law 105-277 (112 Stat. 2681-224)
    struck out ``4,250,000,000'' and inserted in lieu thereof
    ``6,712,000,000''.
        \33\ Sec. 1101(b) of Public Law 98-181 (97 Stat. 1287) appropriated
    for an increase in loans to the IMF under the General Arrangements to
    Borrow, the dollar equivalent of 4,250 million Special Drawing Rights,
    less $2 billion previously appropriated by Public Law 87-872.
        \34\ Sec. 802(a)(1) of Public Law 98-181 (97 Stat. 1268) struck out
    ``not to exceed $2,000,000,000 outstanding at any one time'' and
    inserted in lieu thereof the words to this point beginning with ``in an
    amount not to exceed the equivalent of''.
        \35\ Upon entry into force of the amendments to the Articles of
    Agreement of the IMF on April 1, 1978, this reference to sec. 1(i) was
    substituted in lieu of a reference to sec. 2(i), as had been provided
    for by sec. 4 of Public Law 94-564.
    ---------------------------------------------------------------------------
        (b) For the purpose of making loans to the International
    Monetary Fund pursuant to this section, there is hereby
    authorized to be appropriated 6,712,000,000 Special Drawing
    Rights, except that prior to activation, the Secretary of the
    Treasury shall certify whether supplementary resources are
    needed to forestall or cope with an impairment of the
    international monetary system and that the Fund has fully
    explored other means of funding,\36\ to remain available until
    expended to meet calls by the International Monetary Fund. Any
    payments made to the United States by the International
    Monetary Funds as a repayment on account of the principal of a
    loan made under this section shall continue to be available for
    loans to the International Monetary Fund.
    ---------------------------------------------------------------------------
        \36\ Sec. 802(a)(2) of Public Law 98-181 (97 Stat. 1268) struck out
    ``$2,000,000,000'' and inserted in lieu thereof ``4,2500,000,000
    Special Drawing Rights, except that prior to activation, the Secretary
    of the Treasury shall certify whether supplementary resources are
    needed to forestall or cope with an impairment of the international
    monetary system and that the Fund has fully explored other means of
    funding,''.
        Sec. 609(2) of Public Law 105-277 (112 Stat. 2681-224) subsequently
    struck out ``4,250,000,000'' and inserted in lieu thereof
    ``6,712,000,000''.
    ---------------------------------------------------------------------------
        (c) Payments of interest and charges to the United States
    on account of any loan to the International Monetary Fund shall
    be covered into the Treasury as miscellaneous receipts. In
    addition to the amount authorized in subsection (b), there is
    hereby authorized to be appropriated such amounts as may be
    necessary for the payment of charges in connection with any
    purchases of currencies or gold by the United States from the
    International Monetary Fund.
        (d) \37\ Unless the Congress by law so authorizes, neither
    the President, the Secretary of the Treasury, nor any other
    person acting on behalf of the United States, may instruct the
    United States Executive Director to the Fund to consent to any
    amendment to the Decision of February 24, 1983, or the Decision
    of January 27, 1997,\38\ of the Executive Directors of the
    Fund, if the adoption of such amendment would significantly
    alter the amount, terms, or conditions of participation by the
    United States in the General Arrangements to Borrow or the New
    Arrangements to Borrow, as applicable.\39\
    ---------------------------------------------------------------------------
        \37\ Sec. 802(a)(3) of Public Law 98-181 (97 Stat. 1268) added
    subsec. (d).
        \38\ Sec. 609(3)(A) of Public Law 105-277 (112 Stat. 2681-224)
    inserted ``or the Decision of January 27, 1997,'' after February 24,
    1983,''.
        \39\ Sec. 609(3)(B) of Public Law 105-277 (112 Stat. 2681-224)
    inserted ``or the New Arrangements to Borrow, as applicable'' before
    the period.
    ---------------------------------------------------------------------------
        Sec. 18.\40\ Any purchases of currencies or gold by the
    United States from the International Monetary Fund may be
    transferred to and administered by the Fund established by
    section 10 of the Gold Reserve Act of 1934, as amended (31
    U.S.C. 822a),\41\ for use in accordance with the provisions of
    that section. The Secretary of the Treasury is authorized to
    utilize the resources of that fund for the purpose of any
    repayments in connection with such transactions.
    ---------------------------------------------------------------------------
        \40\ 22 U.S.C. 286-3. Public Law 87-490 (76 Stat. 105) added sec.
    18.
        \41\ Public Law 97-258 recodified title 31, U.S.C., and sec. 822a
    became sec. 5302.
    ---------------------------------------------------------------------------
        Sec. 19.\42\ The United States Governor of the Bank is
    authorized to vote for an increase of $1,000,000,000 in the
    authorized capital stock of the Bank under Article II, section
    2, of the Articles of Agreement of the Bank, as recommended in
    the report, dated November 6, 1962, to the Board of Governors
    of the Bank by the Bank's Executive Directors.
    ---------------------------------------------------------------------------
        \42\ 22 U.S.C. 286e-1a. Public Law 88-178 (77 Stat. 234) added sec.
    19.
    ---------------------------------------------------------------------------
        Sec. 20.\43\ (a) The United States Governor of the Fund is
    authorized to consent to an increase of $1,035,000,000 in the
    quota of the United States in the Fund.
    ---------------------------------------------------------------------------
        \43\ 22 U.S.C. 286e-1b. Public Law 89-31 (79 Stat. 119) added sec.
    20.
    ---------------------------------------------------------------------------
        (b) In order to pay the increase in the United States
    subscription to the Fund provided for in this section, there is
    hereby authorized to be appropriated $1,035,000,000, to remain
    available until expended.
        Sec. 21.\44\ The United States Governor of the Bank is
    authorized to agree to an amendment to the Articles of
    Agreement of the Bank to permit the Bank to make, participate
    in, or guarantee loans to the International Finance Corporation
    for use in the lending operations of the latter.
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 286e-4. Public Law 89-126 (79 Stat. 519) added sec.
    21.
    ---------------------------------------------------------------------------
        Sec. 22.\45\ (a) The United States Governor of the Bank is
    authorized to consent to an increase of $1,540,000,000 in the
    quota of the United States in the Fund.
    ---------------------------------------------------------------------------
        \45\ 22 U.S.C. 286e-1c. Public Law 91-599 (84 Stat. 1657) added
    sec. 22.
    ---------------------------------------------------------------------------
        (b) In order to pay the increase in the United States quota
    in the Fund provided for in this section, there is hereby
    authorized to be appropriated $1,540,000,000, to remain
    available until expended.
        Sec. 23.\46\ (a) The United States Governor of the Bank is
    authorized (1) to vote for an increase of $3,000,000,000 in the
    authorized capital stock of the Bank, and (2) if such increase
    becomes effective, to subscribe on behalf of the United States
    to two thousand four hundred and sixty-one additional shares of
    the capital stock of the Bank.
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 286e-1d. Public Law 91-599 (84 Stat. 1657) added
    sec. 23.
    ---------------------------------------------------------------------------
        (b) In order to pay for the increase in the United States
    subscription to the Bank provided for in this section, there is
    hereby authorized to be appropriated $246,100,000 to remain
    available until expended.
        Sec. 24.\47\ The United States Governor of the Bank is
    authorized to accept the amendments to the Articles of
    Agreement of the Fund approved in resolution numbered 31-4 of
    the Board of Governors of the Fund.
    ---------------------------------------------------------------------------
        \47\ 22 U.S.C. 286e-5. Sec. 1 of Public Law 94-564 (90 Stat. 2660)
    added sec. 24.
    ---------------------------------------------------------------------------
        Sec. 25.\48\ The United States Governor of the Bank is
    authorized to consent to an increase in the quota of the United
    States in the Fund equivalent to 1,705 million Special Drawing
    Rights.
    ---------------------------------------------------------------------------
        \48\ 22 U.S.C. 286e-1e. Sec. 1 of Public Law 94-564 (90 Stat. 2660)
    added sec. 25.
    ---------------------------------------------------------------------------
        Sec. 26.\49\ The United States Governor of the Bank is
    directed to vote against the establishment of a Council
    authorized under Article XII, Section 1 of the Fund Articles of
    Agreement as amended, if under any circumstances the United
    States' vote in the Council would be less than its weighted
    vote in the Fund.
    ---------------------------------------------------------------------------
        \49\ 22 U.S.C. 286e-6. Sec. 1 of Public Law 94-564 (90 Stat. 2660)
    added sec. 26.
    ---------------------------------------------------------------------------
        Sec. 27.\50\ (a) The United States Governor of the Bank is
    authorized--
    ---------------------------------------------------------------------------
        \50\ 22 U.S.C. 286e-1f. Sec. 201 of Public Law 95-118 (91 Stat.
    1067) added sec. 27.
    ---------------------------------------------------------------------------
              (1) to vote for an increase of seventy thousand
            shares in the authorized capital stock of the Bank; and
              (2) if such increase becomes effective, to subscribe
            on behalf of the United States to thirteen thousand and
            five additional shares of the capital stock of the
            Bank: Provided, however, That any subscription to
            additional shares shall be effective only to such
            extent or in such amounts as are provided in advance in
            appropriation Acts.\51\
    ---------------------------------------------------------------------------
        \51\ Sec. 1312 of Public Law 97-35 (95 Stat. 740) amended and
    restated the proviso clause in para. (2). It formerly read as follows:
    ``That any subscription to additional shares shall be made only after
    the amount required for such description has been appropriated.''.
    ---------------------------------------------------------------------------
        (b) In order to pay for the increase in the United States
    subscription to the Bank provided for in this section, there
    are hereby authorized to be appropriated, without fiscal year
    limitations, $1,568,856,318 for payment by the Secretary of the
    Treasury.\52\
    ---------------------------------------------------------------------------
        \52\ U.S. payments for this increase were made in the following
    amounts and Public Laws: fiscal year 1978--$380 million ($38 million
    paid-in capital; $342 million callable capital) (Public Law 95-148);
    fiscal year 1979--$163.1 million ($16.3 million paid-in capital; $146.8
    million callable capital) (Public Law 95-481); fiscal year 1980--$163.1
    million ($16.3 million paid-in capital; $146.8 million callable
    capital) (Public Law 96-123); fiscal year 1981--$328 million ($32.8
    million paid-in capital; $295.2 million callable capital) (Public Law
    96-536); fiscal year 1982 $371.7 million ($37.2 million paid-in
    capital; $334.5 million callable capital) (Public Law 97-121); fiscal
    year 1983--$163.2 million ($16.3 million paid-in capital; $146.9
    million callable capital) (Public Law 97-377).
    ---------------------------------------------------------------------------
        Sec. 28.\53\ (a) For the purpose of participation of the
    United States in the Supplementary Financing Facility
    (hereinafter referred to as the ``facility'') established by
    the decision numbered 5508-(77/127) of the Executive Directors
    of the Fund, the Secretary of the Treasury is authorized to
    make resources available as provided in the decision numbered
    5509-(77/127) of the Fund, in an amount not to exceed the
    equivalent of 1,450 million Special Drawing Rights.
    ---------------------------------------------------------------------------
        \53\ 22 U.S.C. 286e-7. Sec. 1 of Public Law 95-435 (92 Stat. 1051)
    added sec. 28.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall account, through
    the Fund established by section 10 of the Gold Reserve Act of
    1934 (31 U.S.C. 822a), for any adjustment in the value of
    monetary assets held by the United States in respect to United
    States participation in the facility.
        (c) Notwithstanding any other provision of this section,
    the authority of the Secretary to enter into agreements making
    resources available under this section shall be limited to such
    amounts as are appropriated in advance in appropriation Acts.
    Effective October 1, 1978, there are hereby authorized to be
    appropriated to the Secretary of the Treasury, without fiscal
    year limitation, such sums as are necessary to carry out
    subsection (a) of this section, but not to exceed an amount of
    dollars equivalent to 1,450 million Special Drawing Rights.\54\
    ---------------------------------------------------------------------------
        \54\ Title V of Public Law 95-481 (92 Stat. 1600) stated:
        ``For the purpose of participation by the United States, in an
    amount equivalent to 1,450,000,000 Special Drawing Rights, in the
    Supplementary Financing Facility established by decision numbered 5508-
    (77/127) of the Executive Directors of the Fund, as provided in the
    decision numbered 5509-(77/127) of the Fund, and for the expenditures
    resulting therefrom, not to exceed $1,831,640,000, to remain available
    until the termination of the facility:''.
    ---------------------------------------------------------------------------
        Sec. 29.\55\ The Secretary of the Treasury shall instruct
    the United States executive director to seek to assure that no
    decision by the International Monetary Fund \56\ undermines or
    departs from United States policy regarding the comparability
    of treatment of public and private creditors in cases of debt
    rescheduling where official United States credits are involved.
    ---------------------------------------------------------------------------
        \55\ 22 U.S.C. 286e-8. Sec. 3 of Public Law 95-435 (92 Stat. 1052)
    added sec. 29.
        \56\ Sec. 5 of Public Law 96-389 (94 Stat. 1554) struck out ``on
    the use of the facility'' after ``International Monetrary Fund''.
    ---------------------------------------------------------------------------
        Sec. 30.\57\ The Secretary of the Treasury shall instruct
    the United States executive director on the Executive Board of
    the International Monetary Fund to initiate a wide consultation
    with the managing director of the Fund and other member country
    executive directors with regard to encouraging the staff of the
    Fund to formulate stabilization programs \58\ which, to the
    maximum feasible extent, foster a broader base of productive
    investment and employment, especially in those productive
    activities which are designed to meet basic human needs.
    ---------------------------------------------------------------------------
        \57\ 22 U.S.C. 286e-9. Sec. 4 of Public Law 95-435 (92 Stat. 1052)
    added sec. 30. Sec. 541(f)(2) of International Development and Finance
    Act of 1989 (Public Law 101-240; 103 Stat. 2518) struck out subsec.
    designation ``(a)''.
        \58\ Sec. 2(b) of Public Law 96-389 (94 Stat. 1553) struck out
    ``entered into pursuant to loans from the Supplementary Financing
    Facility'' after ``stabilization programs''.
    ---------------------------------------------------------------------------
        (b) \59\ * * * [Repealed--1989]
    ---------------------------------------------------------------------------
        \59\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(d)(1)
    of the International Development and Finance Act of 1989 (Public Law
    101-240; 103 Stat. 2518) repealed subsec. (b). It formerly read as
    follows:
        ``(b) In order to gain a better understanding of the social,
    political and economic impact of the Fund's stabilization programs on
    borrowing countries, especially as it relates to the poor majority
    within those countries, the United States Governor of the Fund shall
    prepare and submit, not later than 180 days after the close of each
    calendar year, a report to the Congress. Such report shall evaluate, to
    the maximum extent feasible, with respect to countries to which loans
    are made during each year, the effects of policies of those countries
    which result from the standby agreements on basic human needs in such
    countries.''.
    ---------------------------------------------------------------------------
        Sec. 31.\60\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \60\ Sec. 137(a)(1) of Public Law 97-35 (95 Stat. 746) repealed
    sec. 31, which had required the Secretary of the Treasury to submit an
    annual report to Congress on the status of human rights in countries
    drawing on funds made available under the Supplementary Financing
    Facility of the IMF. Originally added by sec. 4 of Public Law 95-435
    (92 Stat. 1052). See sec. 701 of the International Financial
    Institutions Act. See also sec. 116 of the Foreign Assistance Act of
    1961 (Legislation on Foreign Relations Through 2005, vol. I-A) for a
    reporting requirement on country human rights practices.
    ---------------------------------------------------------------------------
        Sec. 32.\61\ The United States Governor of the Fund is
    authorized to consent to an increase in the quota of the United
    States in the Fund equivalent to 4,202.5 million Special
    Drawing Rights, limited to such amounts as are appropriated in
    advance in appropriation Acts.\62\
    ---------------------------------------------------------------------------
        \61\ 22 U.S.C. 286e-1g. Sec. 1 of Public Law 96-389 (94 Stat. 1551)
    added sec. 32.
        \62\ Sec. 11 of Public Law 96-389 (94 Stat. 1555) struck out ``to
    such extent or in such amounts are provided in appropriation Acts'' and
    inserted in lieu thereof ``limited to such amounts as are appropriated
    in advance in appropriation Acts''.
        Public Law 96-544 (94 Stat. 3213) provided: ``For an increase in
    the United States quota in the International Monetary Fund, the dollar
    equivalent of 4,202.5 million Special Drawing Rights (approximately
    $5,537,839,000), to remain available until expended, and balances
    equivalent to the current SDR value of the United States quota in the
    Fund shall be merged with this appropriation.''.
    ---------------------------------------------------------------------------
        Sec. 33.\63\ (a) The President shall instruct the Secretary
    of the Treasury, the Secretary of State, and other appropriate
    Federal officials to use all appropriate means to encourage
    countries, in formulating economic adjustment programs to deal
    with their balance of payments difficulties, to design those
    programs so as to safeguard, to the maximum feasible extent,
    jobs, investment, real per capital income, policies to reduce
    the gap in wealth between rich and poor, and social programs
    such as health, housing, and education.
    ---------------------------------------------------------------------------
        \63\ 22 U.S.C. 286s. Sec. 2(a) of Public Law 96-389 (94 Stat. 1551)
    added sec. 33.
    ---------------------------------------------------------------------------
        (b) To ensure the effectiveness of economic adjustment
    programs supported by Fund resources and the reinforcement of
    those programs by longer term efforts to promote sustained
    growth and improved living conditions--
              (1) United States representatives to the Fund shall
            recommend and shall work for changes in Fund
            guidelines, policies, and decisions that would--
                      (A) permit stand-by arrangements to be
                    extended beyond three years, as necessary to
                    enable Fund members to implement their economic
                    adjustment programs successfully;
                      (B) provide that in approving any economic
                    adjustment program the Fund shall take into
                    account the effect such program will have on
                    jobs, investment, real per capita income, the
                    gap in wealth between the rich and poor, and
                    social programs such as health, housing, and
                    education, in order to seek to minimize the
                    adverse impact of those adjustment programs on
                    basic human needs; and
                      (C) provide that letters of intent submitted
                    to the Fund in support of an economic
                    adjustment program reflect that the member
                    country has taken into account the effect such
                    program will have on the factors listed in
                    subparagraph (B);
              (2)(A) before voting on the approval of any standby
            arrangement with respect to any economic adjustment
            program, the United States Executive Director shall
            review--
                      (i) any analysis of factors prepared by the
                    Fund or the member country in accordance with
                    subparagraphs (B) and (C) of paragraph (1), or
                      (ii) if no such analysis is prepared and
                    available for such review, an analysis which
                    shall be prepared by the United States Governor
                    of the Fund which examines the effect of the
                    program on the factors listed in subparagraph
                    (B) of paragraph (1); and
              (B) the United States Executive Director of the Fund
            shall take into account the analysis reviewed pursuant
            to subparagraph (A) of this paragraph in voting on
            approval of that standby arrangement;
              (3) United States representatives to the Fund, to the
            Bank and to other appropriate institutions shall work
            toward improving coordination among these institutions
            and, in particular, shall work toward formulation of
            programs in association with economic adjustment
            programs supported by Fund resources which (A) will,
            among other things, promote employment, investment,
            real income per capita, improvements in income
            distribution, and the objectives of social programs
            such as health, housing, and education, and (B) will,
            to the maximum extent feasible and consistent with the
            borrowing country's need to improve its balance of
            payments position within a reasonable period,
            ameliorate any adverse effects of economic adjustment
            programs on the poor;
              (4) United States representatives to the Fund and the
            Bank shall seek amendments to decisions on policies on
            the use of Fund and Bank resources to provide that
            where countries are seeking Extended Fund Facility or
            upper credit tranche drawings from the Fund and are
            eligible to receive financing from the Bank, the Fund
            and Bank will coordinate their financing activities in
            order--
                      (A) to take into account the effects of
                    economic adjustment programs on the areas
                    listed in clause (A) of paragraph (3),
                      (B) to provide, to the extent feasible, Bank
                    project loans designed to safeguard and further
                    basic human needs in countries adopting
                    economic adjustment programs supported by Fund
                    resources, and
                      (C) to provide, as appropriate, Bank
                    financing for programs of structural adjustment
                    that will facilitate development of a
                    productive economic base and greater attainment
                    of basic human needs objectives over the longer
                    term; and
              (5) United States representatives to the Fund and the
            Bank shall request the Fund and the Bank to provide
            periodic analyses of the effects of economic adjustment
            programs supported by Fund or Bank financing on jobs,
            investment, real income per capita, income
            distribution, and social programs such as health,
            housing, and education.
        (c) \64\ * * * [Repealed--1989]
    ---------------------------------------------------------------------------
        \64\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(d)(1)
    repealed subsec. (c). It formerly read as follows:
        ``(c) The National Advisory Council on International Monetary and
    Financial Policies shall include in each of its annual reports to the
    Congress a statement detailing the actions and progress made in
    carrying out the requirements of subsections (a) and (b) of this
    section.''.
    ---------------------------------------------------------------------------
        Sec. 34.\65\ The Secretary of the Treasury, in consultation
    with the United States Executive Director of the Fund, shall
    study and, following consultations with member countries, shall
    report to the Congress prior to May 15, 1981, with respect to--
    ---------------------------------------------------------------------------
        \65\ 22 U.S.C. 286t. Sec. 4(b) of Public Law 96-389 (94 Stat. 1553)
    added sec. 34.
    ---------------------------------------------------------------------------
              (1) the current adequacy of Fund resources, together
            with projected needs of the Fund over the next five
            years;
              (2) the feasibility of increasing Fund liquidity by
            encouraging the Fund to borrow directly from the
            governments of oil exporting countries;
              (3) the feasibility of increasing Fund liquidity by
            encouraging the Fund to borrow in private capital
            markets through the issuance of securities backed by
            Fund resources;
              (4) the feasibility of an offer by the Fund of
            incentives to oil exporting countries, including
            financial guarantees by the Fund for government-to-
            government loans to countries with balance-of-payments
            deficits, in order to promote more direct recycling of
            oil surpluses; and
              (5) methods to enhance cooperation between commercial
            banks and the Fund to promote the availability of
            adequate resources for balance-of-payments financing.
        Sec. 35.\66\ It is the sense of the Congress that the
    Secretary of the Treasury and the United States Executive
    Director of the Fund shall encourage member countries of the
    Fund to negotiate a dollar-Special Drawing Rights substitution
    account in which equitable burden sharing would exist among
    participants in the account.
    ---------------------------------------------------------------------------
        \66\ 22 U.S.C. 286u. Sec. 4(b) of Public Law 96-389 (94 Stat. 1554)
    added sec. 35. A report required by sec. 35 from the Secretary of the
    Treasury by May 15, 1981, concerning progress made in achieving the
    goal stated in the section, was struck out by sec. 1371(a)(2) of Public
    Law 97-35 (95 Stat. 746).
    ---------------------------------------------------------------------------
        Sec. 36.\67\ It is the sense of the Congress that it is the
    policy of the United States that Taiwan (before January 1,
    1979, known as the Republic of China) shall be granted
    appropriate membership in the Fund and that the United States
    Executive Director of the Fund shall so notify the Fund.
    ---------------------------------------------------------------------------
        \67\ 22 U.S.C. 286v. Sec. 6 of Public Law 96-389 (94 Stat. 1554)
    added sec. 36.
    ---------------------------------------------------------------------------
        Sec. 37.\68\ It is the policy of the United States that the
    Palestine Liberation Organization should not be given
    membership in the Fund or be given observer status or any other
    official status at any meeting sponsored by or associated with
    the Fund. The United States Executive Director of the Fund
    shall promptly notify the Fund of such policy.
    ---------------------------------------------------------------------------
        \68\ 22 U.S.C. 286w. Sec. 7 of Public Law 96-389 (94 Stat. 1554)
    added sec. 37.
    ---------------------------------------------------------------------------
        In the event that the fund provides either membership,
    observer status, or any other official status to the Palestine
    Liberation Organization, such action would result in a serious
    diminution of United States support. Upon review of such
    action, the President would be required to report his
    recommendations to the Congress with regard to any further
    United States participation in the Fund.\69\
    ---------------------------------------------------------------------------
        \69\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
    amended (Public Law 103-125; 107 Stat. 1309), authorized the President
    to suspend certain provisions of law as they applied to the P.L.O. or
    entities associated with it if certain conditions were met and the
    President so certified and consulted with relevant congressional
    committees. This authority was continued in the Middle East Peace
    Facilitation Act of 1994 (Public Law 103-236), and again in the Middle
    East Peace Facilitation Act of 1995 (Public Law 104-107).
        The President issued certifications, as provided for in the 1993,
    1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
    14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
    Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
    until July 1, 1995, by Presidential Determination No. 95-12 of December
    31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
    Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
    1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
    F.R. 44725); until November 1, 1995, by Presidential Determination No.
    95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
    by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
    57821); until March 31, 1996, by Presidential Determination No. 96-8 of
    January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
    Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
    12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
    F.R. 32629); until February 12, 1997, by Presidential Determination No.
    96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
    Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
    9903).
        Authority to waive certain provisions is continued in general
    provisions of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2006 (Public Law 109-102); see secs.
    534(d), 544, 547, and 550. See also sec. 555, restricting aid unless
    the Secretary of State certifies that certain conditions have been met
    pertaining to Palestinian statehood, sec. 558, prohibiting assistance
    to the Palestinian Broadcasting Corporation, and sec. 559, West Bank
    and Gaza Program.
        On December 5, 1997, the President waived the provisions of sec.
    1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through
    June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255);
    further waived through November 26, 1998 (Presidential Determination
    No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999
    (Presidential Determination No. 98-5; November 25, 1998; 63 F.R.
    68145); through October 21, 1999 (Presidential Determination No. 99-25;
    May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential
    Determination 00-2; October 21, 1999; 64 F.R. 58755); through October
    21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65
    F.R. 24852); through October 17, 2001 (Presidential Determination No.
    01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
    (Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
    53505); through October 16, 2002 (Presidential Determination No. 2002-
    14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
    (Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
    65471); through October 16, 2003 (Presidential Determination No. 2003-
    20; April 16, 2003; 68 F.R. 20327); through April 14, 2004
    (Presidential Determination No. 2004-04; October 14, 2003; 68 F.R.
    60841); through October 14, 2004 (Presidential Determination No. 2004-
    28; April 14, 2004; 69 F.R. 21679); through April 14, 2005
    (Presidential Determination No. 2005-02; October 14, 2004; 69 F.R.
    62795); through October 14, 2005 (Presidential Determination No. 2005-
    22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006
    (Presidential Determination No. 2006-01; October 14, 2005; 70 F.R.
    62225).
    ---------------------------------------------------------------------------
        Sec. 38.\70\ It is the sense of the Congress that in
    providing assistance through loans or other means to any
    nation, in particular El Salvador and Nicaragua, the Fund and
    the Bank should encourage programs which assist the private
    sector to create an environment which will stabilize the
    economy of the nation; and that the United States
    representatives to the Fund and the Bank shall promote the use
    of assistance by the Fund and the Bank to encourage such
    programs.
    ---------------------------------------------------------------------------
        \70\ 22 U.S.C. 286x. Sec. 8 of Public Law 96-389 (94 Stat. 1554)
    added sec. 38.
    ---------------------------------------------------------------------------
        Sec. 39.\71\ (a) The United States Governor of the Bank is
    authorized--
    ---------------------------------------------------------------------------
        \71\ 22 U.S.C. 286e-1h. Sec. 1311 of Public Law 97-35 (95 Stat.
    740) added sec. 39.
    ---------------------------------------------------------------------------
              (1) to vote to increase by three hundred and sixty-
            five thousand shares the authorized capital stock of
            the Bank; and
              (2) to subscribe on behalf of the United States to
            not more than seventy-three thousand and ten shares of
            the capital stock of the Bank: Provided, however, That
            not more than seven and one-half percent ($658,305,195)
            of the price of the shares subscribed may be paid in to
            the Bank on subscription, with the remainder of that
            price ($8,149,256,155) being subject to call only when
            a call on unpaid subscriptions is required to meet
            obligations of the Bank for funds borrowed or on loans
            guaranteed by it and not for use by the Bank in its
            lending activities or for administrative expenses:
            Provided further, That any subscription to such
            additional shares shall be effective only to such
            extent or in such amounts as are provided in advance in
            appropriations Acts.
        (b) In order to pay for the paid-in portion of the United
    States subscription to the Bank provided for in this section,
    there is authorized to be appropriated, without fiscal year
    limitation, $658,305,195 for payment by the Secretary of the
    Treasury: Provided further, That not more than $109,720,549 of
    such sum may be made available for each of the fiscal years
    1982, 1983, and 1984.\72\
    ---------------------------------------------------------------------------
        \72\ U.S. payments for this increase were made in the following
    amounts and Public Laws: fiscal year 1982--$1,462.9 million ($109.7
    million paid-in capital; $1,353.2 million callable capital) (Public Law
    97-121); fiscal year 1983--$1,463.1 million ($109.7 million paid-in
    capital; $1,353.4 million callable capital) (Public Law 97-377); fiscal
    year 1984--$1,062.9 million ($79.7 million paid-in capital; $983.2
    million callable capital) (Public Law 98-151); fiscal year 1985--
    $1,462.9 million ($109.7 million paid in capital; $1,353.2 million
    callable capital) (Public Law 98-473); fiscal year 1985 supplemental--
    $400 million ($30 million paid-in capital; $370 million callable
    capital (Public Law 99-88); fiscal year 1986--$1,462.9 million ($109.7
    million paid-in capital; $1.353.2 million callable capital) (Public Law
    99-190), reduced by $4.7 million as a result of sequestration (Public
    Law 99-177); fiscal year 1987--$744.1 million ($55.8 million paid-in
    capital; $688.3 million callable capital) (Public Law 99-591); fiscal
    year 1988--$477.5 million ($40.2 million paid-in capital; $437.3
    million callable capital) (Public Law 100-202).
    ---------------------------------------------------------------------------

                promoting conditions for exchange rate stability

        Sec. 40.\73\ (a) In order to help assure that the resources
    provided under section 41 are used to support pro-growth
    policies which will help establish the economic conditions
    necessary for more appropriate financial and exchange rate
    alignment and stability, it is the sense of Congress that the
    Secretary of the Treasury shall--
    ---------------------------------------------------------------------------
        \73\ 22 U.S.C. 286y. Sec. 801 of Public Law 98-181 (97 Stat. 1267)
    added sec. 40.
    ---------------------------------------------------------------------------
              (1) in consultation with the Secretary of State and
            the United States Trade Representative, initiate
            discussions with other countries regarding the economic
            dislocations which result from structural exchange rate
            imbalances; and
              (2) instruct the United States Executive Director of
            the Fund to work for adoption of policies in the Funds,
            both within the framework of Article IV (of the
            Articles of Agreement of the Fund) consultations and
            with respect to the conditions associated with Fund-
            supported balance or payments adjustments programs,
            which promote conditions contributing to the stability
            of exchange rates and avoid the manipulation of
            exchange rates between major currencies. Among other
            initiatives, the Secretary of the Treasury shall
            propose strengthening the article IV consultation
            procedures of the Fund to attempt to ensure that
            countries which are artificially maintaining
            undervalued or overvalued rates of exchange agree to
            adopt market determined exchange rates.
        (b) In determining his vote on extensions of assistance to
    any Fund borrower, the United States Executive Director of the
    fund shall take into account whether such borrower's policies
    are consistent with the requirements of article IV of the
    Articles of Agreement of the Fund.

                                 quota increase

        Sec. 41.\74\ (a) The United States Governor of the Fund is
    authorized to consent to an increase in the quota of the United
    States in the Fund equivalent to 5,310,800,000 Special Drawing
    Rights, limited to such amounts as are provided in advance in
    appropriations Acts.\75\
    ---------------------------------------------------------------------------
        \74\ 22 U.S.C. 286e-1i. Sec. 802(a)(4) of Public Law 98-181 (97
    Stat. 1268) added sec. 41.
        \75\ Sec. 1101(a) of Public Law 98-181 (97 Stat. 1287) appropriated
    for an increase in the U.S. quota in the IMF, the dollar equivalent of
    5,310,800,000 Special Drawing Rights.
    ---------------------------------------------------------------------------
        (b)(1) The Secretary of the Treasury shall consult with the
    chairman and the ranking minority member of--
              (A) the Committee on Banking, Finance and Urban
            Affairs \76\ and the Committee on Appropriations of the
            House of Representatives, and any appropriate
            subcommittee of each such committee; and
    ---------------------------------------------------------------------------
        \76\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------
              (B) the Committee on Foreign Relations, the Committee
            on Appropriations, and the Committee on Banking,
            Housing, and Urban Affairs of the Senate, and any
            appropriate subcommittee of each such committee,
    for purposes of discussing the position of the executive branch
    and the views of the Congress with respect to any international
    negotiations being held to consider any future quota increase
    for the International Monetary Fund which may involve an
    increased contribution, subscription, or loan by the United
    States.
        (2) Such consultation shall be made--
              (A) not later than thirty days before the initiation
            of such international negotiations;
              (B) during the period in which such negotiations are
            being held, in a frequent and timely manner; and
              (C) before a session of such negotiations is held at
            which the United States representatives may agree to
            such quota increase.

       collection and exchange of information on monetary and financial
                                    problems

        Sec. 42.\77\ (a) It is the sense of the Congress that--
    ---------------------------------------------------------------------------
        \77\ 22 U.S.C. 286z. Sec. 802(4) of Public Law 98-181 (97 Stat.
    1269) added sec. 42.
    ---------------------------------------------------------------------------
              (1) the lack of sufficient information currently
            available to allow members of the Fund to make sound
            and prudent decisions concerning their public and
            private sector international borrowing, and to allow
            lenders to make sound and prudent decisions concerning
            their international lending, threatens the stability of
            the international monetary system; and
              (2) in recognition of the Fund's duties, as provided
            particularly by article VIII of the Articles of
            Agreement of the Fund, to act as a center for the
            collection and exchange of information on monetary and
            financial problems, the Fund should adopt necessary and
            appropriate measures to ensure that more complete and
            timely financial information will be available.
        (b) To this end, the Secretary of the Treasury shall
    instruct the United States Executive Director of the Fund to
    initiate discussions with other directors of the Fund and with
    Fund management, and to propose and vote for, the adoption of
    procedures, within the Fund--
              (1) to collect and disseminate information, on a
            quarterly basis, from and to Fund members, and to such
            other persons as the Fund deems appropriate,
            concerning--
                      (A) the extension of credit by banks or
                    nonbanks to private and public entities,
                    including all government entities,
                    instrumentalities, and central banks of member
                    countries; and
                      (B) the receipt of such credit by those
                    private and public entities of member
                    countries, where such banks or nonbanks are not
                    principally established within the borders of
                    the member country to which the credits are
                    extended; and
              (2) to disseminate publicly information which is
            developed in the course of the Fund's collection, and
            to review and comment on efforts which the Fund
            determines would serve to enhance the informational
            base upon which international borrowing and lending
            decisions are taken.
        (c) For purposes of this section, the term ``credit''
    includes--
              (1) outstanding loans to private and public entities,
            including government entities, instrumentalities, and
            central banks of any member, and
              (2) unused lines of credit which have been made
            available to those private and public entities of any
            member,
    where such loans or lines of credit are repayable in freely
    convertible currency.
        (d) The President is authorized to use the authority
    provided under section 8 of this Act to require any person (as
    defined in such section) subject to the jurisdiction of the
    United States to provide such information as the Fund
    determines to be necessary in order to carry out the provisions
    of this section.

              instructions to the united states executive director

        Sec. 43.\78\ The Congress hereby finds that Communist
    dictatorships result in severe constraints on labor and capital
    mobility and other highly inefficient labor and capital supply
    rigidities which contribute to balance-of-payments deficits in
    direct contradiction of the goals of the International Monetary
    Fund. Therefore, the Secretary of the Treasury shall instruct
    the United States Executive Director of the Fund to actively
    oppose any facility involving use of Fund credit by any
    Communist dictatorship, unless the Secretary of the Treasury
    certifies and documents in writing upon request and so notifies
    and appears, if requested, before the Foreign Relations and
    Banking, Housing and Urban Affairs Committees of the Senate and
    the Banking, Finance and Urban Affairs Committee of the House
    of Representatives, at least twenty-one days in advance of any
    vote on such drawing that such drawing:
    ---------------------------------------------------------------------------
        \78\ 22 U.S.C. 286aa. Sec. 804 of Public Law 98-181 (97 Stat. 1270)
    added sec. 43. Sec. 4(b)(6) of the South African Democratic Transition
    Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) struck out
    subsec. designation ``(a)'' preceding the first paragraph in this
    section, and repealed subsec. (b), which formerly read as follows:
        ``(b) The Congress hereby finds that the practice of apartheid
    results in severe constraints on labor and capital mobility and other
    highly inefficient labor and capital supply rigidities which contribute
    to balance of payments deficits in direct contradiction of the goals of
    the International Monetary Fund. Therefore, the President shall
    instruct the United States Executive Director of the Fund to actively
    oppose any facility involving use of Fund credit by any country which
    practices apartheid unless the Secretary of the Treasury certifies and
    documents in writing, upon request, and so notifies and appears, if
    requested, before the Foreign Relations and Banking, Housing and Urban
    Affairs Committees of the Senate and the Banking, Finance and Urban
    Affairs Committee of the House of Representatives, at least twenty-one
    days in advance of any vote on such drawing, that such drawing: (1)
    would reduce the severe constraints on labor and capital mobility,
    through such means as increasing access to education by workers and
    reducing artificial constraints on worker mobility and substantial
    reduction of racially-based restrictions on the geographical mobility
    of labor; (2) would reduce other highly inefficient labor and capital
    supply rigidities; (3) would benefit economically the majority of the
    people of any country which practices apartheid; (4) is suffering from
    a genuine balance of payments imbalance that cannot be met by recourse
    to private capital markets. Should the Secretary not meet a request to
    appear before the aforementioned Committees at least twenty-one days in
    advance of any vote on any facility involving use of Fund credit by any
    country practicing apartheid and certify and document in writing that
    these four conditions have been met, the United States Executive
    Director shall vote against such program.''.
    ---------------------------------------------------------------------------
              (1) provides the basis for correcting the balance of
            payments difficulties and restoring a sustainable
            balance of payments position;
              (2) would reduce the severe constraints on labor and
            capital mobility or other highly inefficient labor and
            capital supply rigidities and advances market-oriented
            forces in that country; and
              (3) is in the best economic interest of the majority
            of the people in that country.
    Should the Secretary not meet a request to appear before the
    aforementioned Committees at least twenty-one days in advance
    of any vote on any facility involving use of Fund credit by any
    communist dictatorship and certify and document in writing that
    these three conditions have been met, the United States
    Executive Director shall vote against such program.

                  elimination of agricultural export subsidies

        Sec. 44.\79\ The Secretary of the Treasury shall instruct
    the United States Executive Director of the Fund to propose and
    work for the adoption of a policy encouraging Fund members to
    eliminate all predatory agricultural export subsidies which
    might result in the reduction of other member countries'
    exports.
    ---------------------------------------------------------------------------
        \79\ 22 U.S.C. 286bb. Sec. 805 of Public Law 98-181 (97 Stat. 1271)
    added sec. 44.
    ---------------------------------------------------------------------------

                           sustaining economic growth

        Sec. 45.\80\ (a)(1) The President shall instruct the
    Secretary of the Treasury, the Secretary of State, and other
    appropriate Federal officials, and shall request the chairman
    of the board of Governors of the Federal Reserve System, to use
    all appropriate means to encourage countries to formulate
    economic adjustment programs to deal with their balance of
    payment difficulties and external debt owed to private banks.
    ---------------------------------------------------------------------------
        \80\ 22 U.S.C. 286cc. Sec. 806 of Public Law 98-181 (97 Stat. 1272)
    added sec. 45.
    ---------------------------------------------------------------------------
        (2) Such economic adjustment programs should be designed to
    safeguard, to the maximum extent feasible, international
    economic growth, world trade, employment, and long-term
    solvency of banks, and to minimize the likelihood of civil
    disturbances in countries needing economic adjustment programs.
        (b) To ensure the effectiveness of economic adjustment
    programs supported by Fund resources--
              (1) the United States Executive Director of the Fund
            shall recommend and shall work for changes in Fund
            guidelines, policies, and decisions which would--
                      (A) convert short-term bank debt which was
                    made at high interest rates into long-term debt
                    at lower rates of interest;
                      (B) assure that the annual external debt
                    service, which shall include principal,
                    interest, points, fees, and other charges
                    required of the country involved, is a
                    manageable and prudent per centage of the
                    projected annual export earning of such
                    country; and
                      (C) provide that in approving any economic
                    adjustment program the Fund shall take into
                    account the number of countries applying to the
                    Fund for economic adjustment programs and the
                    aggregate effects that such programs will have
                    on international economic growth, world trade,
                    exports and employment of other member
                    countries, and the long-term solvency of banks;
                    and
              (2) except as provided in subsection (c) of this
            section, the United States Executive Director of the
            Fund shall oppose and vote against providing assistance
            from the Fund for any economic adjustment program for a
            country in which the annual external debt service
            exceeds 85 per centum of the annual export earnings of
            such country, unless the Secretary of the Treasury
            first determines and provides written documentation to
            the Committee on Banking, Housing, and Urban Affairs
            and the Committee on Foreign Relations of the Senate
            and the Committee on Banking, Finance and Urban Affairs
            of the House of Representatives that--\76\
                      (A) the economic adjustment program converts
                    high interest rate, short-term bank debt into
                    long-term debt at significantly narrower
                    interest rate spreads than the average interest
                    rate spreads prevailing on bank debt
                    reschedulings negotiated between August 1982
                    and August 1983 for countries receiving
                    assistance from the Fund for economic
                    adjustment programs in order to minimize the
                    burdens of adjustment on the debtor nation,
                    provided that such interest rate spreads are
                    consistent with that nation's need to obtain
                    adequate external private financing;
                      (B) the annual external debt service required
                    of the country involved is a manageable and
                    prudent percentage of the projected annual
                    export earnings of such country; and
                      (C) the economic adjustment program will not
                    have an adverse impact on international
                    economic growth, world trade, exports, and
                    employment of other member countries, and the
                    long-term solvency of banks.
        (c) The provisions of subsection (b)(2) shall not apply in
    any case in which the Secretary of the Treasury first
    determines and provides written documentation to the Committee
    on Banking, Housing, and Urban Affairs and the Committee on
    Foreign Relations of the Senate and the Committee on Banking,
    Finance and Urban Affairs of the House of Representatives
    that--\76\
              (1) an emergency exists in a nation that has applied
            to the Fund for assistance that requires an immediate
            short-term loan to avoid disrupting orderly financial
            markets;
              (2) a sudden decrease in export earnings in the
            country applying to the Fund for assistance has
            increased the ratio of annual external debt service to
            annual export earnings, to greater than 85 per centum
            for a period projected to be no more than one year; or
              (3) other extraordinary circumstances exist which
            warrant waiving the provisions of subsection (b)(2).

                        opposing fund bailouts of banks

        Sec. 46.\81\ The Secretary of the Treasury shall instruct
    the United States Executive Director of the Fund--
    ---------------------------------------------------------------------------
        \81\ 22 U.S.C. 286dd. Sec. 807 of Public Law 98-181 (97 Stat. 1273)
    added sec. 46.
    ---------------------------------------------------------------------------
              (1) to oppose and vote against any Fund drawing by a
            member country where, in his judgment, the Fund
            resources would be drawn principally for the purpose of
            repaying loans which have been imprudently made by
            banking institutions to the member country; and
              (2) to work to insure that the Fund encourages
            borrowing countries and banking institutions to
            negotiate, where appropriate, a rescheduling of debt
            which is consistent with safe and sound banking
            practices and the country's ability to pay.

                           international cooperation

        Sec. 47.\82\ The Secretary of the Treasury shall instruct
    the United States Executive Director of the Fund to propose
    that the Fund adopt the following policies with respect to
    international lending:
    ---------------------------------------------------------------------------
        \82\ 22 U.S.C. 286ee. Sec. 809 of Public Law 98-181 (97 Stat. 1274)
    added sec. 47.
    ---------------------------------------------------------------------------
              (1) In its consultations with a member government on
            its economic policies pursuant to article IV of the
            Articles of Agreement of the Fund, the Fund should--
                      (A) intensify its examination of the trend
                    and volume of external indebtedness of private
                    and public borrowers in the member country and
                    comment, as appropriate, in its report to the
                    Executive Board from the viewpoint of the
                    contribution of such borrowings to the economic
                    stability of the borrower; and
                      (B) consider to what extent and in what form
                    these comments might be made available to the
                    international banking community and the public.
              (2) As part of any Fund-approved stabilization
            program, the Fund should give consideration to placing
            limits on public sector external short- and long-term
            borrowing.
              (3) As a part of its annual report, and at such times
            as it may consider desirable, the Fund should publish
            its evaluation of the trend and volume of international
            lending as it affects the economic situation of
            lenders, borrowers, and the smooth functioning of the
            international monetary system.

                               imf interest rates

        Sec. 48.\83\ The Secretary of the Treasury shall instruct
    the United States Executive Director of the Fund to propose and
    work for the adoption of Fund policies regarding the rate of
    remuneration paid on use of member's quota subscriptions and
    the rate of charges on Fund drawings to bring those rates in
    line with market rates.
    ---------------------------------------------------------------------------
        \83\ 22 U.S.C. 286ff. Sec. 810 of Public Law 98-181 (97 Stat. 1274)
    added sec. 48.
    ---------------------------------------------------------------------------

                                trade provisions

        Sec. 49.\84\ (a)(1) The Secretary of the Treasury shall
    instruct the United States Executive Director of each of the
    multilateral development banks \85\ (in this section referred
    to as the ``banks'') and of the Fund to initiate a wide
    consultation with the Managing Director of each of the banks
    \85\ and of the Fund and the other directors of the banks \85\
    and of the Fund with regard to the development of financial
    assistance policies which, to the maximum feasible extent--
    ---------------------------------------------------------------------------
        \84\ 22 U.S.C. 286gg. Sec. 812 of Public Law 98-181 (97 Stat. 1275)
    added sec. 49.
        \85\ References to the multilateral development banks were added by
    sec. 555 of the Foreign Assistance and Related Programs Appropriations
    Act, 1987 (as contained in sec. 101(f) of the Continuing
    Appropriations, 1987 (Public Law 99-591; 100 Stat. 3341-240)).
    ---------------------------------------------------------------------------
              (A) reduce obstacles to and restrictions upon
            international trade and investment in goods and
            services;
              (B) eliminate unfair trade and investment practices;
            and
              (C) promote mutually advantageous economic relations.
        (2) The Secretary of the Treasury shall work closely in
    this effort with the Trade Policy Committee.
        (3) As part of this effort, the Secretary of the Treasury
    shall also instruct the United States Executive Director of
    each of the banks \85\ and of the Fund to encourage close
    cooperation between their staff and the GATT Secretariat.
        (b)(1) The Secretary of the Treasury shall instruct the
    United States Executive Director of each of the banks \85\ and
    of the Fund, prior to the extension of any country of financial
    assistance by the banks \85\ and by the Fund to work to have
    the banks \85\ and the Fund obtain the agreement of such
    country to eliminate, in a manner consistent with its balance
    of payments adjustment program, unfair trade and investment
    practices with respect to goods and services which the United
    States Trade Representative, after consultation with the Trade
    Policy Committee, has determined to have a significant
    deleterious effect on the international trading system.
        (2) Such practices include--
              (A) the provision of predatory export subsidies,
            employed in connection with the exporting of
            agricultural commodities and products thereof to
            foreign countries;
              (B) the provision of other export subsidies, such as
            government subsidized below-market interest rate
            financing for commodities or manufactured goods;
              (C) unreasonable import restrictions;
              (D) the imposition of trade-related performance
            requirements on foreign investment; and
              (E) practices which are inconsistent with
            international agreements.
        (c)(1) In determining the United States position on
    requests for periodic drawing under bank \85\ and Fund
    programs, the Secretary of the Treasury shall take full account
    of the progress countries have made in achieving targets for
    eliminating or phasing out the practices referred to in
    subsection (b) of this section.
        (2) In the event that the United States supports a request
    for drawing by a country that has not achieved the bank \85\
    and Fund targets relating to such practices specified in its
    program, the Secretary of the Treasury shall report to the
    appropriate committees of the Congress the reasons for the
    United States position.
        (d) \86\ For purposes of this section, the term
    ``multilateral development banks'' means the International Bank
    for Reconstruction and Development, the Inter-American
    Development Bank, the African Development Bank, and the Asian
    Development Bank.
    ---------------------------------------------------------------------------
        \86\ Added by sec. 555(a) of the Foreign Assistance and Related
    Programs Appropriations Act, 1987 (sec. 101(f) of the Continuing
    Appropriations Act, 1987 (Public Law 99-591; 100 Stat. 3341)).
    ---------------------------------------------------------------------------
        Sec. 50.\87\ * * * [Repealed--1989]
    ---------------------------------------------------------------------------
        \87\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(d)(1)
    repealed sec. 50. For original text, see sec. 813 of Public Law 98-181
    (97 Stat. 1276).
    ---------------------------------------------------------------------------

                             capital stock increase

        Sec. 51.\88\ (a) The United States Governor of the Bank is
    authorized--
    ---------------------------------------------------------------------------
        \88\ 22 U.S.C. 286e-1j. The Selective Capital Increase (SCI)
    authorized by sec. 51 was added by sec. 301 of H.R. 2253, as enacted
    into law by sec. 101(i) of the Further Continuing Appropriations, 1986
    (Public Law 99-190; 99 Stat. 1291).
    ---------------------------------------------------------------------------
              (1) to vote for an increase of seventy thousand
            shares in the authorized capital stock of the Bank; and
              (2) to subscribe on behalf of the United States to
            twelve thousand four hundred and fifty-three additional
            shares of the capital stock of the Bank, except that
            any subscription to such additional shares shall be
            effective only to such extent or in such amounts as are
            provided in advance in appropriations Acts.
        (b) In order to pay for the increase in the United States
    subscription to the Bank provided for in this section, there
    are authorized to be appropriated, without fiscal year
    limitation, $1,502,267,655 for payment by the Secretary of the
    Treasury.
        Sec. 52.\89\ The United States Governor of the Bank is
    hereby authorized to agree to and to accept the amendment to
    the Articles of Agreement in the proposed resolution entitled
    ``Amendment to the Articles of Agreement of the Bank''
    forwarded to the United States on February 27, 1987.
    ---------------------------------------------------------------------------
        \89\ Added by sec. 601 of H.R. 3750, as introduced by the House
    Committee on Banking, Finance and Urban Affairs, on December 11, 1987,
    and enacted into law by reference in Title I of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1988 (sec.
    101(e) of the Continuing Appropriations; 1988 (Public Law 100-202; 101
    Stat. 1329-1340)).
    ---------------------------------------------------------------------------

    SEC. 53.\90\ CAPITAL STOCK INCREASE.

        (a) Increase Authorized.--The United States Governor of the
    Bank is authorized--
    ---------------------------------------------------------------------------
        \90\ 22 U.S.C. 286e-1k. Added by sec. 1 of H.R. 4645, as reported
    by the Committee on Banking, Finance, and Urban Affairs on September
    22, 1988, and enacted into law by reference in sec. 555 of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989 (Public Law 100-461; 102 Stat. 2268-36).
    ---------------------------------------------------------------------------
              (1) to vote for an increase of 620,000 shares in the
            authorized capital stock of the Bank; and
              (2) to subscribe on behalf of the United States to
            116,262 additional shares of the capital stock of the
            Bank, except that any subscription to such additional
            shares shall be effective only to such extent or in
            such amounts as are provided in advance in
            appropriations Acts.
        (b) Authorization of Appropriations.--In order to pay for
    the increase in the United States subscription to the Bank
    provided for in this section, there are authorized to be
    appropriated, without fiscal year limitation, $14,025,266,370
    for payment by the Secretary of the Treasury.\91\
    ---------------------------------------------------------------------------
        \91\ U.S. payment for this increase was made in the following
    amounts and Public Laws: fiscal year 1989--$2,342.9 million ($50
    million paid-in capital; $2,292.9 million callable capital) (Public Law
    100-461); fiscal year 1990--$49.8 million paid-in capital (Public Law
    101-167); fiscal year 1991--$3,010.2 million ($110.59 million paid-in
    capital; $2,899.61 million callable capital) (Public Law 101-513);
    fiscal year 1992--$2,302.99 million ($69.09 million paid-in capital;
    $2,233.9 million callable capital) (Public Law 102-145, as amended by
    Public Law 102-266); fiscal year 1993--$2,072.69 million ($62.18
    million paid-in capital; $2,010.51 million callable capital) (Public
    Law 102-391); fiscal year 1994--$1,860.7 million ($55.82 million paid-
    in capital; $1,804.88 million callable capital) (Public Law 103-87).
    Pursuant to Public Law 103-211 (108 Stat. 30), however, a portion of
    fiscal year 1994 funds were rescinded. Paid-in capital was reduced by
    $27.9 million, and callable capital was limited to not exceed $902.4
    million. For fiscal year 1995--$766.9 million ($23.009 million paid-in
    capital; $743.9 million callable capital) (Public Law 103-306).
    ---------------------------------------------------------------------------

    SEC. 54.\92\ CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE
                        ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE
                        INTERNATIONAL MONETARY FUND.

        (a) Contribution Authorized.--
    ---------------------------------------------------------------------------
        \92\ 22 U.S.C. 286e-12. Sec. 301 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2500) added sec.
    54.
    ---------------------------------------------------------------------------
              (1) In general.--Subject to paragraph (2), the United
            States Governor of the Fund may contribute $150,000,000
            to the Interest Subsidy Account of the Enhanced
            Structural Adjustment Facility of the Fund on behalf of
            the United States.
              (2) Condition.--The United States Governor of the
            Fund may not make a commitment to contribute any amount
            authorized to be contributed under paragraph (1) before
            an amount equal to such amount has been appropriated
            for such purpose.
      (b) Limitation on Authorization of Appropriations.--To pay
    for the contribution authorized by subsection (a), there are
    authorized to be appropriated not to exceed $150,000,000,
    without fiscal year limitation, for payment by the Secretary of
    the Treasury.\93\
    ---------------------------------------------------------------------------
        \93\ U.S. payment for this contribution was made in the following
    amounts and Public Laws: fiscal year 1990--$139.4 million (Public Law
    101-167); fiscal year 1991--$10.6 million (Public Law 101-513), reduced
    by $0.2 million as a result of sequestration (Public Laws 99-177, 100-
    119, and 101-508), restored by $0.2 million by a 1991 sequestration
    restoration (Public law 102-27). For fiscal year 1992, sec. 115 of the
    Further Continuing Appropriations (Public Law 102-145, as amended by
    Public Law 102-266) ``Provided, That no funds are provided by this
    joint resolution for `Contribution to the Enhanced Structural
    Adjustment Facility of the International Monetary Fund' ''. For fiscal
    year 1995--$0.025 million was contributed (Public Law 103-306). No
    funds were appropriated for fiscal years 1996 through 2006.
    ---------------------------------------------------------------------------

              Note.--Sec. 526(c) of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1995 (108 Stat. 1632), provided, in part, the following
            authorization requirement:
              ``(c) The Secretary of the Treasury may, to fulfill
            commitments of the United States, * * * (2) contribute
            to * * * the Interest Subsidy Account of the successor
            to the Enhanced Structural Adjustment Facility of the
            International Monetary Fund. * * * The amount
            authorized to be appropriated * * * for payment of the
            contribution to the Interest Subsidy Account of the
            successor to the Enhanced Structural Adjustment
            Facility of the International Monetary Fund is limited
            to $25,000,000. The amount to be paid in respect of
            each such contribution or subscription is authorized to
            be appropriated without fiscal year limitation. Each
            such subscription or contribution shall be effective
            only to such extent or in such amounts as are provided
            in advance in appropriations Acts.''.
              Title I of Public Law 103-306 (108 Stat. 1610) made
            available $25 million, to remain available until
            expended, for the Interest Subsidy Account of the
            successor to the Enhanced Structural Adjustment
            Facility.

    SEC. 55.\94\ DISCUSSIONS TO ENHANCE THE CAPACITY OF THE FUND TO
                        ALLEVIATE THE POTENTIALLY ADVERSE IMPACTS OF FUND
                        PROGRAMS ON THE POOR AND THE ENVIRONMENT.

        The Secretary of the Treasury shall instruct the United
    States Executive Director of the Fund to seek policy changes by
    the Fund, through formal initiatives and through bilateral
    discussions, which will result in--
    ---------------------------------------------------------------------------
        \94\ 22 U.S.C. 286kk. Sec. 302 of the International Development and
    Finance Act of 1989 (Public Law 101-240; 103 Stat. 2500) added sec. 55.
    ---------------------------------------------------------------------------
              (1) the initiation of a systematic review of policy
            prescriptions implemented by the Fund, for the purpose
            of determining whether the Fund's objectives were met
            and the social and environmental impacts of such policy
            prescriptions; and
              (2) the establishment of procedures which ensure the
            inclusion, in future economic reform programs approved
            by the Fund, of policy options which eliminate or
            reduce the potential adverse impact on the well-being
            of the poor or the environment resulting from such
            programs.

    SEC. 56.\95\ QUOTA INCREASE.

        The United States Governor of the Fund may consent to an
    increase in the quota of the United States in the Fund
    equivalent to 8,608,500,000 Special Drawing Rights, limited to
    such amounts as are provided in advance in appropriations
    Acts.\96\
    ---------------------------------------------------------------------------
        \95\ 22 U.S.C. 286e-1l. Sec. 1001 of the FREEDOM Support Act
    (Public Law 102-511; 106 Stat. 3357) added sec. 56.
        \96\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
    Stat. 1636), provided the following:
    ---------------------------------------------------------------------------

    ``international monetary fund
    ---------------------------------------------------------------------------

        ``There is appropriated for an increase in the United States quota
    in the International Monetary Fund, the dollar equivalent of 8,608.5
    million Special Drawing Rights, to remain available until expended and,
    among other uses, such funds may be used to promote efforts by the
    International Monetary Fund to support monetary stability in member
    countries through the instrumentality of currency boards.''.
    ---------------------------------------------------------------------------

    SEC. 57.\97\ ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF
                        THE FUND.

        The United States Governor of the Fund may agree to and
    accept the amendments to the Articles of Agreement of the Fund
    as proposed in the resolution numbered 45-3 of the Board of
    Governors of the Fund that was approved by such Board on June
    28, 1990.
    ---------------------------------------------------------------------------
        \97\ 22 U.S.C. 286e-5b. Sec. 1001 of the FREEDOM Support Act
    (Public Law 102-511; 106 Stat. 3357) added sec. 57.
    ---------------------------------------------------------------------------

    SEC. 58.\98\ APPROVAL OF FUND PLEDGE TO SELL GOLD TO PROVIDE RESOURCES
                        FOR THE RESERVE ACCOUNT OF THE ENHANCED STRUCTURAL
                        ADJUSTMENT FACILITY TRUST.

        The Secretary of the Treasury is authorized to instruct the
    United States Executive Director of the Fund to vote to approve
    the Fund's pledge to sell, if needed, up to 3,000,000 ounces of
    the Fund's gold, to restore the resources of the Reserve
    Account of the Enhanced Structural Adjustment Facility Trust to
    a level that would be sufficient to meet obligations of the
    Trust payable to lenders which have made loans to the Loan
    Account of the Trust that have been used for the purpose of
    financing programs to Fund members previously in arrears to the
    Fund.
    ---------------------------------------------------------------------------
        \98\ 22 U.S.C. 286e-13. Sec. 1001 of the FREEDOM Support Act
    (Public Law 102-511; 106 Stat. 3357) added sec. 58.
    ---------------------------------------------------------------------------

    SEC. 59.\99\ FUND POLICY CHANGES.

        (a) Policy Changes Within the IMF.--The Secretary of the
    Treasury shall instruct the United States Executive Director of
    the Fund to promote regularly and vigorously in program
    discussions and quota increase negotiations the following
    proposals:
    ---------------------------------------------------------------------------
        \99\ 22 U.S.C. 286ll. Sec. 1002 of the FREEDOM Support Act (Public
    Law 102-511; 106 Stat. 3357) added sec. 59.
    ---------------------------------------------------------------------------
              (1) Poverty alleviation, reduction of barriers to
            economic and social progress, and progress toward
            environmentally sound policies and programs.--(A)(i)
            Considerations of poverty alleviation and the reduction
            of barriers to economic and social progress should be
            incorporated into all Fund programs and all
            consultations under article IV of the Articles of
            Agreement of the Fund.
              (ii) Preparation of Policy Framework Papers should be
            extended to all nations which have Fund programs and
            active Bank or International Development Association
            lending programs, and existence of a Policy Framework
            Paper should be a precondition for new lending to such
            nations by the Fund.
              (iii) All Policy Framework Papers should articulate
            the principal poverty, economic, and social measures
            that the borrowing nation needs to address, and this
            portion of the Policy Framework Paper (or a summary
            thereof that includes specific measures and timing)
            should be made available when the Policy Framework
            Paper is submitted to the Executive Directors of the
            Bank and of the Fund for consideration.
              (iv) In considering whether to allocate resources of
            the Fund to a borrower, the Fund should take into
            consideration the nature of the program and commitment
            of the borrower to address the issues referred to in
            clause (iii).
              (v) The Fund should establish procedures to enable
            the Fund to cooperate with the Bank in evaluating the
            effectiveness of the measures referred to in clause
            (iii), at the levels of policy, project design,
            monitoring, and reporting, in the international
            financial institutions and in the borrowing nations.
              (B)(i) The Fund should be encouraged to make further
            progress toward environmentally sound policies and
            programs.
              (ii) The Fund should incorporate environmental
            considerations into all Fund programs, including
            consultations under article IV of the Articles of
            Agreement of the Fund.
              (iii) The Fund should be encouraged to support the
            efforts of nations to implement systems of natural
            resource accounting in their national income accounts.
              (iv) The Fund should be encouraged to assist and
            cooperate fully with the statistical research being
            undertaken by the Organization for Economic Cooperation
            and Development and by the United Nations in order to
            facilitate development and adoption of a generally
            applicable system for taking account of the depletion
            or degradation of natural resources in national income
            accounts.
              (v) The Fund should be encouraged to consider and
            implement, as appropriate, revisions in its national
            income reporting systems consistent with such new
            systems as are of general applicability.
              (2) Policy audits.--(A) The Fund should conduct
            periodic audits to review systematically the policy
            prescriptions recommended and required by the Fund in
            the areas of poverty and the environment.
              (B) The purposes of such audits would be--
                      (i) to determine whether the Fund's
                    objectives were met; and
                      (ii) to evaluate the social and environmental
                    impacts of the implementation of the policy
                    prescriptions.
              (C) Such audits would have access to all ongoing
            programs and activities of the Fund and the ability to
            review the effects of Fund-supported programs, on a
            country-by-country basis, with respect to poverty,
            economic development, and environment.
              (D) Such audits should be made public as appropriate
            with due respect to confidentiality.
              (3) Ensuring policy options that increase the
            productive participation of the poor.--The Fund should
            establish procedures that ensure the focus of future
            economic reform programs approved by the Fund on policy
            options that increase the productive participation of
            the poor in the economy.
              (4) Public access to information.--(A) The Fund
            should establish procedures for public access to
            information.
              (B) Such procedures shall seek to ensure access of
            the public to information while paying due regard to
            appropriate confidentiality.
              (C) Policy Framework Papers and the supporting
            documents prepared by the Fund's mission to a country
            are examples of documents that should be made public at
            an appropriate time and in appropriate ways.
        (b) Progress Report.--Each annual report of the National
    Advisory Council on International Monetary and Financial
    Policies shall describe the following:
              (1) The actions that the United States Executive
            Director and other officials have taken to convince the
            Fund to adopt the proposals set forth in subsection (a)
            through formal initiatives before the Board and
            management of the Fund, through bilateral discussions
            with other member nations, and through any further
            quota increase negotiations.
              (2) The status of the progress being made by the Fund
            in implementing the proposals set forth in subsection
            (a).
        (c) Study.--The Secretary of the Treasury shall instruct
    the United States Executive Director to the Fund to urge the
    Fund--
              (1) to explore ways to increase the involvement and
            participation of important ministries, national
            development experts, environmental experts, free-market
            experts, and other legitimate experts and
            representatives from the loan-recipient country in the
            development of Fund programs; and
              (2) to report on the status of Fund efforts in this
            regard.

    SEC. 60.\100\ MEASURES TO REDUCE MILITARY SPENDING BY DEVELOPING
                        NATIONS.

        (a) Development by the Fund of Means to Measure Military
    Spending--
              (1) Position of the united states.--The United States
            Executive Director of the Fund shall use the voice and
            vote of the United States to urge the Fund, in
            consultation with the Bank, to continue to develop an
            economic methodology to measure the level of military
            spending by each developing country.
    ---------------------------------------------------------------------------
        \100\ 22 U.S.C. 286mm. Sec. 1003 of the FREEDOM Support Act (Public
    Law 102-511; 106 Stat. 3359) added sec. 60.
    ---------------------------------------------------------------------------
              (2) Progress report to the congress.--No later than 1
            year after the date of the enactment of this section,
            the Secretary of the Treasury shall submit to the
            Committee on Banking, Finance and Urban Affairs of the
            House of Representatives \76\ and the Committee on
            Banking, Housing, and Urban Affairs and the Committee
            on Foreign Relations of the Senate a report on the
            status of the development by the Fund of a workable
            economic methodology to measure military pending by
            developing countries.
      (b) Annual Reports by Fund on Levels of Military Spending.--
    The United States Executive Director of the Fund shall use the
    voice and vote of the United States to urge the Fund, beginning
    with 1994, to provide the Executive Board of the Fund with
    annual reports stating the estimate by the Fund of the level of
    military spending by each developing country in the immediately
    preceding calendar year (or, with respect to developing
    countries whose fiscal years are not calendar years, in the
    most recently completed fiscal year of the developing country),
    not later than the date of the annual fall Interim and
    Development Committee meetings.
        (c) Analysis and Assessment of Military Spending To Be
    Included in Article IV Consultations by the Fund.--The United
    States Executive Director of the Fund shall use the voice and
    vote of the United States to urge the Fund, beginning no later
    than the date of the first report provided as described in
    subsection (b), to include in every article IV consultation
    with a developing country an analysis of the level of military
    spending by the developing country in the immediately preceding
    calendar year (or, with respect to developing countries whose
    fiscal years are not calendar years, in the most recently
    completed fiscal year of the developing country).

    SEC. 61.\101\ QUOTA INCREASE.

        (a) In General.--The United States Governor of the Fund may
    consent to an increase in the quota of the United States in the
    Fund equivalent to 10,622,500,000 Special Drawing Rights.
    ---------------------------------------------------------------------------
        \101\ 22 U.S.C. 286e-1m. Sec. 608 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1999 (division A,
    sec. 101(d) of Public Law 105-277; 112 Stat. 2681-224), added sec. 61.
    ---------------------------------------------------------------------------
        (b) Subject to Appropriations.--The authority provided by
    subsection (a) shall be effective only to such extent or in
    such amounts as are provided in advance in appropriations Acts.

    SEC. 62.\102\ APPROVAL OF CONTRIBUTIONS FOR DEBT REDUCTIONS FOR THE
                        POOREST COUNTRIES.

        For the purpose of mobilizing the resources of the Fund in
    order to help reduce poverty and improve the lives of residents
    of poor countries and, in particular, to allow those poor
    countries with unsustainable debt burdens to receive deeper,
    broader, and faster debt relief, without allowing gold to reach
    the open market or otherwise adversely affecting the market
    price of gold, the Secretary of the Treasury is authorized to
    instruct the United States Executive Director of the Fund to
    vote--
    ---------------------------------------------------------------------------
        \102\ 22 U.S.C. 286nn. Added by sec. 503(a) of the Foreign
    Operations, Export Financing, and Related Appropriations Act, 2000
    (enacted by reference in sec. 1000(a)(5) of Public Law 106-113; 113
    Stat. 1501A-287). Sec. 503(b) of the Act provided the following:
        ``(b) Certification.--Within 15 days after the United States
    Executive Director casts the votes necessary to carry out the
    instruction described in section 62 of the Bretton Woods Agreements
    Act, the Secretary of the Treasury shall certify to the Congress that
    neither the profits nor the earnings on the investment of profits from
    the gold sales made pursuant to the instruction or of the funds
    attributable to United States participation in SCA-2 will be used to
    augment the resources of any reserve account of the International
    Monetary Fund for the purpose of making loans.''.
    ---------------------------------------------------------------------------
              (1) to approve an arrangement whereby the Fund--
                      (A) sells a quantity of its gold at
                    prevailing market prices to a member or members
                    in nonpublic transactions sufficient to
                    generate 2.226 billion Special Drawing Rights
                    in profits on such sales;
                      (B) immediately after, and in conjunction
                    with each such sale, accepts payment by such
                    member or members of such gold to satisfy
                    existing repurchase obligations of such member
                    or members so that the Fund retains ownership
                    of the gold at the conclusion of such payment;
                    and
                      (C) uses the earnings on the investment of
                    the profits of such sales through a separate
                    subaccount, only for the purpose of providing
                    debt relief from the Fund under the modified
                    Heavily Indebted Poor Countries (HIPC)
                    Initiative (as defined in section 1623 of the
                    International Financial Institutions Act); and
                      (D) * * * [Repealed--2000] \103\
    ---------------------------------------------------------------------------
        \103\ Sec. 101(a) of the Foreign Operations, Export Financing, and
    Related Appropriations Act, 2001 (enacted by reference in sec. 101(a)
    of Public Law 106-429; 114 Stat. 1900A-64), added ``and'' at the end of
    subpara. (B) and struck out subpara. (D), which read, ``(D) shall not
    use more than \9/14\ of the earnings on the investment of the profits
    of such sales; and''.
    ---------------------------------------------------------------------------
              (2) to support a decision that shall terminate the
            Special Contingency Account (SCA-2) of the Fund so that
            the funds in the SCA-2 shall be made available to the
            poorest countries. Any funds attributable to the United
            States participation in the SCA-2 shall be used only
            for debt relief from the Fund under the modified HIPC
            Initiative.

    SEC. 63.\104\ PRINCIPLES FOR INTERNATIONAL MONETARY FUND LENDING.

        It is the policy of the United States to work to implement
    reforms in the International Monetary Fund (IMF) to achieve the
    following goals:
    ---------------------------------------------------------------------------
        \104\ 22 U.S.C. 286oo. Added by sec. 805 of the Foreign Operations,
    Export Financing, and Related Appropriations Act, 2001 (enacted by
    reference in sec. 101(a) of Public Law 106-429; 114 Stat. 1900A-67).
    ---------------------------------------------------------------------------
              (1) Short-term balance of payments financing.--
            Lending from the general resources of the Fund should
            concentrate chiefly on short-term balance of payments
            financing.
              (2) Limitations on medium-term financing.--Use of
            medium-term lending from the general resources of the
            Fund should be limited to a set of well-defined
            circumstances, such as--
                      (A) when a member's balance of payments
                    problems will be protracted;
                      (B) such member has a strong structural
                    reform program in place; and
                      (C) the member has little or no access to
                    private sources of capital.
              (3) Premium pricing.--Premium pricing should be
            introduced for lending from the general resources of
            the Fund, for greater than 200 per centum of a member's
            quota in the Fund, to discourage excessive use of Fund
            lending and to encourage members to rely on private
            financing to the maximum extent possible.
              (4) Redressing misreporting of information.--The Fund
            should have in place and apply systematically a strong
            framework of safeguards and measures to respond to,
            correct, and discourage cases of misreporting of
            information in the context of a Fund program,
            including--
                      (A) suspending Fund disbursements and
                    ensuring that Fund lending is not resumed to
                    members that engage in serious misreporting of
                    material information until such time as
                    remedial actions and sanctions, as appropriate,
                    have been applied;
                      (B) ensuring that members make early
                    repayments, where appropriate, of Fund
                    resources disbursed on the basis of misreported
                    information;
                      (C) making public cases of serious
                    misreporting of material information;
                      (D) requiring all members receiving new
                    disbursements from the Fund to undertake
                    annually independent audits of central bank
                    financial statements and publish the resulting
                    audits; and
                      (E) requiring all members seeking new loans
                    from the Fund to provide to the Fund detailed
                    information regarding their internal control
                    procedures, financial reporting and audit
                    mechanisms and, in cases where there are
                    questions about the adequacy of these systems,
                    undertaking an on-site review and identifying
                    needed remedies.
              (2) to support a decision that shall terminate the
            Special Contingency Account 2 (SCA-2) of the Fund so
            that the funds in the SCA-2 shall be made available to
            the poorest countries. Any funds attributable to the
            United States participation in SCA-2 shall be used only
            for debt relief from the Fund under the modified HIPC
            Initiative.
               (2) Bretton Woods Agreements Act Amendments, 1980

     Partial text of Public Law 96-389 [S. 2271], 94 Stat. 1551, approved
                                October 7, 1980

     AN ACT To amend the Bretton Woods Agreements Act to authorize consent
    to an increase in the United States quota in the International Monetary
                         Fund, and for other purposes.

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

              Note.--Except for the provisions included below,
            Public Law 96-389 contained amendments to the Bretton
            Woods Agreements Act and to the Bretton Woods
            Agreements Acts Amendments, 1978. These are
            incorporated in the text at the appropriate locations.

              * * * * * * *

                    recycling balance-of-payments surpluses

        Sec. 4. (a) \1\ It is the sense of the Congress that (1)
    the interests of the United States and those of other member
    countries require an effective International Monetary Fund
    equipped with resources adequate to facilitate orderly balance-
    of-payments adjustments; (2) persistent balance-of-payments
    surpluses in oil exporting countries have placed, and will
    continue to place, severe strains on the resources of oil
    importing countries and on the liquidity of the Fund; (3) these
    strains can only be relieved if the oil exporting countries
    assume a greater burden for financing balance-of-payments
    deficits through direct methods of recycling their surpluses
    and through proportionally greater contributions to the Fund
    and to the international lending institutions; and (4) the Fund
    must explore innovative proposals to encourage more direct
    recycling of oil surpluses and to increase its own liquidity.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 286t note.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 9.\2\ The United States Executive Director to the Fund
    shall seek to insure (a) that Fund salaries do not exceed those
    levels endorsed by the Fund Bank Joint Committee on Staff
    Compensation Issues; and (b) that travel costs are minimized by
    limiting first class and supersonic travel to instances where
    no reasonable alternative exists.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 286a note.
    ---------------------------------------------------------------------------

                 role of gold in international monetary systems

        Sec. 10.\3\ (a) The Secretary of the Treasury shall
    establish and chair a commission consisting of--
    ---------------------------------------------------------------------------
        \3\ 31 U.S.C. 5302 note.
    ---------------------------------------------------------------------------
              (1) three members of the Board of Governors of the
            Federal Reserve System and two members of the Council
            of Economic Advisors, all of whom shall be designated
            by the Secretary of the Treasury;
              (2) one majority and one minority member of each from
            (A) the Joint Economic Committee of the Congress, (B)
            the Committee on Banking, Housing, and Urban Affairs of
            the Senate, and (C) the Committee on Banking, Finance
            and Urban Affairs of the House of Representatives,\4\
            who shall be designated by the Speaker of the House of
            Representatives and the President of the Senate,
            respectively, upon the recommendations of the majority
            and minority leaders of the respective Houses; and
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------
              (3) four distinguished private citizens with
            business, finance, or academic backgrounds who shall be
            designated by the Secretary.
        (b) The commission shall conduct a study to assess and make
    recommendations with regard to the policy of the United States
    Government concerning the role of gold in domestic and
    international monetary systems, and shall transmit to the
    Congress a report containing its findings and recommendations
    not later than one year after the date of enactment of this
    Act.
        (c) Sums appropriated pursuant to section 5 of Public Law
    95-612 shall be available to the commission to carry out its
    functions.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 5 of Public Law 95-612 (92 Stat. 3092) authorized ``not to
    exceed $24,000,000 for fiscal year 1979, including sums for official
    functions and reception and representation expenses, to carry out the
    international affairs functions of the Department of the Treasury.''.
    ---------------------------------------------------------------------------
              * * * * * * *

                                 effective date

        Sec. 12. This Act shall take effect on its date of
    enactment, except that funds may not be appropriated under any
    authorization contained in this Act for any period prior to
    October 1, 1980.
               (3) Bretton Woods Agreements Act Amendments, 1978

    Partial text of Public Law 95-435 [H.R. 9214], 92 Stat. 1051, approved
     October 10, 1978; as amended by Public Law 96-389 [S. 2271], 94 Stat.
     1551, approved October 7, 1980; and Public Law 97-258 [H.R. 6128], 96
                     Stat. 877, approved September 13, 1982

       AN ACT To amend the Bretton Woods Agreements Act to authorize the
    United States to participate in the Supplementary Financing Facility of
                        the International Monetary Fund.

              Note.--Except for the provisions included below,
            Public Law 95-435 contained amendments to the Bretton
            Woods Agreements Act and the Export Administration Act
            of 1969. These are incorporated in the text at the
            appropriate locations.

              * * * * * * *
        Sec. 5. (a) \1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 2(a) of Public Law 96-67 (93 Stat. 415; September 21,
    1979) repealed sec. 5(a), (c), (d), and (e), which provided for a
    prohibition on imports into the United States from Uganda. During 1979,
    prior to this repeal, several actions were taken pursuant to this Act.
    On February 6, 1979, the President issued Executive Order 12117 (44
    F.R. 7937) ``in order to provide for the consistent implementation of
    import restrictions imposed against Uganda by Section 5(c)''. Both sec.
    5(c) and the Executive Order provided for the lifting of this
    prohibition if the President determined that Uganda was no longer
    committing a consistent pattern of gross violations of human rights and
    so certified to the Congress. Pursuant to this authority, the President
    determined on May 15, 1979, that the Government of Uganda was no longer
    violating human rights. This determination also has the effect of
    revoking Executive Order 12117 and immediately allowed for the
    resumption of imports from and exports to Uganda. Public Law 96-67,
    then, legislatively repealed the appropriate subsections of Public Law
    95-435.
    ---------------------------------------------------------------------------
        (b) It is the sense of the Congress that the Government of
    the United States should take steps to disassociate itself from
    any foreign government which engages in the international crime
    of genocide.
        (c) * * *
        (d) * * *
        (e) * * *
        Sec. 6.\2\ The Secretary of the Treasury shall instruct the
    Executive Director of the United States to the International
    Monetary Fund to work in opposition to any extension of
    financial or technical assistance by the Supplemental Financing
    Facility or by any other agency or facility of such Fund to any
    country the government of which--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 286e-11.
    ---------------------------------------------------------------------------
              (1) permits entry into the territory of such country
            to any person who has committed an act of international
            terrorism, including any act of aircraft hijacking, or
            otherwise supports, encourages, or harbors such person;
            or
              (2) fails to take appropriate measures to prevent any
            such person from committing any such act outside the
            territory of such country.
        Sec. 7.\3\ Congress reaffirms its commitment that the total
    budget outlays of the United States Government for a fiscal
    year may be not more than the receipts of the Government for
    that year.
    ---------------------------------------------------------------------------
        \3\ 31 U.S.C. 1103. Sec. 1 of Public Law 97-258 (96 Stat. 908)
    amended and recodified title 31, U.S.C. Under that Act, sec. 7 was
    amended and restated, and recodified from 31 U.S.C. 27 to 1103. As
    originally enacted, sec. 7 required a balanced budget for fiscal year
    1981. Sec. 3 of Public Law 96-389 (94 Stat. 1553) amended the text to
    express congressional commitment to a balanced budget in fiscal year
    1981.
           (4) International Development Association Act, as amended

     Public Law 86-565 [H.R. 11001], 74 Stat. 293, approved June 30, 1960;
     as amended by Public Law 88-310 [S. 2214], 78 Stat. 200, approved May
      26, 1964; Public Law 91-14 [H.R. 33], 83 Stat. 10, approved May 23,
      1969; Public Law 92-247 [S. 2010], 86 Stat. 60, approved March 10,
     1972; Public Law 93-373 [S. 2665], 88 Stat. 445, approved August 14,
     1974; Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at 1068, approved
      October 3, 1977; Public Law 97-35 [H.R. 3982], 95 Stat. 357 at 740,
    approved August 13, 1981; Public Law 98-473 [Continuing Appropriations
     Act 1985; H.J. Res. 648], 98 Stat. 1837 at 1884, approved October 12,
     1984; by Public Law 99-190 [Further Continuing Appropriations, 1986;
     H.J. Res. 465], 99 Stat. 1185, approved December 19, 1985; Public Law
      100-202 [Continuing Appropriations, 1988; H.J. Res. 395], 101 Stat.
      1329, approved December 22, 1987; Public Law 101-240 [International
       Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492,
    approved December 19, 1989; by Public Law 101-513 [Foreign Operations,
     Export Financing, and Related Programs Appropriations Act, 1991; H.R.
    5114], 104 Stat. 1979, approved November 5, 1990; by Public Law 108-199
          [Foreign Operations, Export Financing, and Related Programs
     Appropriations Act, 2004, Division D of Consolidated Appropriations,
    2004; H.R. 2673], 118 Stat. 202, approved January 23, 2004; and Public
    Law 109-102 [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2006; H.R. 3057], 119 Stat. 2243, approved November
                                    14, 2005

      AN ACT To provide for the participation of the United States in the
                     International Development Association.

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

                                  short title

        Section 1. This Act may be cited as the ``International
    Development Association Act''.

                            acceptance of membership

        Sec. 2.\1\ The President is hereby authorized to accept
    membership for the United States in the International
    Development Association (hereinafter referred to as the
    ``Association''), provided for by the Articles of Agreement
    (hereinafter referred to as the ``Articles'') of the
    Association deposited in the archives of the International Bank
    for Reconstruction and Development.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 284.
    ---------------------------------------------------------------------------

                  governor, executive director, and alternates

        Sec. 3.\2\ The Governor and Executive Director of the
    International Bank for Reconstruction and Development, and the
    alternate for each of them, appointed under section 3 of the
    Bretton Woods Agreements Act, as amended (22 U.S.C. 286a),
    shall serve as Governor, Executive Director and alternates,
    respectively, of the Association.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 284a.
    ---------------------------------------------------------------------------

       national advisory council on international monetary and financial
                                    problems

        Sec. 4.\3\ The provisions of section 4 of the Bretton Woods
    Agreements Act, as amended (22 U.S.C. 286b), shall apply with
    respect to the Association to the same extent as with respect
    to the International Bank for Reconstruction and Development
    and the International Monetary Fund.\4\
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 284b.
        \4\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(e)(4)
    struck out the last sentence of this section, which read as follows:
    ``Reports with respect to the Association under paragraphs (5) and (6)
    of subsection (b) of section 4 of said Act, as amended, shall be
    included in the first report made thereunder after the establishment of
    the Association and in each succeeding report.''.
    ---------------------------------------------------------------------------

               certain acts not to be taken without authorization

        Sec. 5.\5\ Unless Congress by law authorizes such action,
    neither the President nor any person or agency shall, on behalf
    of the United States, (a) subscribe to additional funds under
    article III, section 1, of the articles; (b) accept any
    amendment under article IX of the articles; or (c) make a loan
    or provide other financing to the Association.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 284c.
    ---------------------------------------------------------------------------

                                  depositories

        Sec. 6.\6\ Any Federal Reserve bank which is requested to
    do so by the Association shall act as its depository or as its
    fiscal agent, and the Board of Governors of the Federal Reserve
    System shall supervise and direct the carrying out of these
    functions by the Federal Reserve banks.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 284d.
    ---------------------------------------------------------------------------

                            payment of subscriptions

        Sec. 7.\7\ (a) There is hereby authorized to be
    appropriated, without fiscal year limitation, for the
    subscription of the United States to the Association,
    $320,290,000.\8\
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 284e.
        \8\ The U.S. subscription was payable in five annual installments,
    one of $73,666,700 and four of $61,656,000.
    ---------------------------------------------------------------------------
        (b) \9\ The United States Governor is hereby authorized (1)
    to vote for an increase in the resources of the Association and
    (2) to agree on behalf of the United States to contribute to
    the Association the sum of $312 million, both as recommended by
    the Executive Directors, in a report dated September 9, 1963,
    to the Board of Governors of the Association. There is hereby
    authorized to be appropriated out of funds supplied by the
    Nation's taxpayers or out of funds borrowed on their credit,
    without fiscal year limitation, $312 million to provide the
    United States share of the increase in the resources of the
    Association.
    ---------------------------------------------------------------------------
        \9\ Sec. 1 of Public Law 88-310 (78 Stat. 200) redesignated
    subsecs. (b) and (c) as subsecs. (c) and (d), respectively, and added a
    new subsec. (b).
    ---------------------------------------------------------------------------
        (c) \9\ For the purpose of keeping to a minimum the cost to
    the United States of participation in the Association, the
    Secretary of the Treasury \10\ is authorized and directed to
    issue special notes of the United States from time to time, at
    par, and to deliver such notes to the Association in exchange
    for dollars to the extent permitted by the articles. The
    special notes provided for in this subsection shall be issued
    under the authority and subject to the provisions of the Second
    Liberty Bond Act, as amended, and the purposes for which
    securities may be issued under that Act are extended to include
    the purposes for which special notes are authorized and
    directed to be issued under this subsection, but such notes
    shall bear no interest, shall be nonnegotiable, and shall be
    payable on demand of the Association. The face amount of
    special notes issued to the Association under the authority of
    this subsection and outstanding at any one time shall not
    exceed in the aggregate, the amount \10\ actually paid to the
    Association under the articles.
    ---------------------------------------------------------------------------
        \10\ Sec. 2 of Public Law 88-310 (78 Stat. 200) struck out ``,
    after paying the requisite part of the subscription of the United
    States in the Association required to be made under the articles,''
    after ``Treasury''; and struck out ``of the subscription of the United
    States'' which preceded ``actually'' in the last sentence.
    ---------------------------------------------------------------------------
        (d) \9\ Any payment made to the United States by the
    Association as a distribution of net income shall be covered
    into the Treasury as a miscellaneous receipt.

                       jurisdiction and venue of actions

        Sec. 8.\11\ For the purpose of any action which may be
    brought within the United States, its possessions, or the
    Commonwealth of Puerto Rico, by or against the Association in
    accordance with the articles, the Association shall be deemed
    to be an inhabitant of the Federal judicial district in which
    its principal office in the United States is located, and any
    such action at law or in equity to which the Association shall
    be a party shall be deemed to arise under the laws of the
    United States, and the district courts of the United States
    shall have original jurisdiction of any such action. When the
    Association is a defendant in any such action, it may, at any
    time before the trial thereof, remove such action from a State
    court into the district court of the United States for the
    proper district by following the procedure for removal of
    causes otherwise provided by law.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 284f.
    ---------------------------------------------------------------------------

                       status, immunities, and privileges

        Sec. 9.\12\ The provisions of article VII, section 5(d),
    and article VIII, sections 2 to 9, both inclusive, of the
    articles shall have full force and effect in the United States,
    its possessions, and the Commonwealth of Puerto Rico, upon
    acceptance of membership by the United States in, and the
    establishment of, the Association.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 284g.
    ---------------------------------------------------------------------------
        Sec. 10.\13\ The United States Governor is hereby
    authorized (1) to vote in favor of the second replenishment
    resolutions providing for an increase in the resources of the
    Association, and (2) to agree on behalf of the United States to
    contribute to the Association the sum of $480,000,000, as
    recommended by the Executive Directors in a report dated March
    8, 1968, to the Board of Governors of the Association. There is
    hereby authorized to be appropriated, without fiscal year
    limitation, $480,000,000 for payment by the Secretary of the
    Treasury of the United States share of the increase in the
    resources of the Association.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 284h. Public Law 91-14 (83 Stat. 10) added sec. 10.
    ---------------------------------------------------------------------------
        Sec. 11.\14\ The United States Governor is hereby
    authorized to agree on behalf of the United States to
    contribute to the Association three annual installments of
    $320,000,000 each as recommended in the ``Report of the
    Executive Directors to the Board of Governors on Additions to
    IDA Resources: Third Replenishment,'' dated July 21, 1970.
    There is hereby authorized to be appropriated, without fiscal
    year limitation, the amounts necessary for payment by the
    Secretary of the Treasury of three annual installments of
    $320,000,000 each for the United States share of the increase
    in the resources of the Association.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 284i. Sec. 1 of Public Law 92-247 (86 Stat. 60)
    added sec. 11.
    ---------------------------------------------------------------------------
        Sec. 12.\15\ The President shall instruct the United States
    Executive Directors of the International Bank for
    Reconstruction and Development and the International
    Development Association to vote against any loan or other
    utilization of the funds of the Bank and the Association for
    the benefit of any country which has--
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 284j. Popularly referred to as the Gonzalez
    amendment. Sec. 1 of Public Law 92-247 (86 Stat. 60) added sec. 12.
    ---------------------------------------------------------------------------
              (1) nationalized or expropriated or seized ownership
            or control of property owned by any United States
            citizen or by any corporation, partnership, or
            association not less than 50 per centum of which is
            beneficially owned by United States citizens;
              (2) taken steps to repudiate or nullify existing
            contracts or agreements with any United States citizen
            or any corporation, partnership, or association not
            less than 50 per centum of which is beneficially owned
            by United States citizens; or
              (3) imposed or enforced discriminatory taxes or other
            exactions, or restrictive maintenance or operational
            conditions, or has taken other actions, which have the
            effect of nationalizing, expropriating, or otherwise
            seizing ownership or control of property so owned;
    unless the President determines that (A) an arrangement for
    prompt, adequate, and effective compensation has been made, (B)
    the parties have submitted the dispute to arbitration under the
    rules of the Convention for the Settlement of Investment
    Disputes, or (C) good faith negotiations are in progress aimed
    at providing prompt, adequate, and effective compensation under
    the applicable principles of international law.
        Sec. 13.\16\ The Secretary of the Treasury shall instruct
    the United States Executive Directors of the International Bank
    for Reconstruction and Development and the International
    Development Association to vote against any loan or other
    utilization of the funds of the Bank and the Association for
    the benefit of any country with respect to which the President
    has made a determination, and so notified the Secretary of the
    Treasury, that the government of such country has failed to
    take adequate steps to prevent narcotic drugs and other
    controlled substances (as defined by the Comprehensive Drug
    Abuse Prevention and Control Act of 1970) produced or
    processed, in whole or in part, in such country, or transported
    through such country, from being sold illegally within the
    jurisdiction of such country to United States Government
    personnel or their dependents, or from entering the United
    States unlawfully. Such instruction shall continue in effect
    until the President determines, and so notifies the Secretary
    of the Treasury, that the government of such country has taken
    adequate steps to prevent such sale or entry of narcotic drugs
    and other controlled substances.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 284k. Sec. 2 of Public Law 92-247 (86 Stat. 61)
    added sec. 13.
    ---------------------------------------------------------------------------
        Sec. 14.\17\ (a) The United States Governor is hereby
    authorized to agree on behalf of the United States to pay to
    the Association four annual installments of $375,000,000 each
    as the United States contribution to the Fourth Replenishment
    of the Resources of the Association.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 284l. Sec. 1 of Public Law 93-373 (88 Stat. 445)
    added sec. 14.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution,
    there is hereby authorized to be appropriated without fiscal
    year limitation four annual installments of $375,000,000 each
    for payment by the Secretary of the Treasury.
        Sec. 15.\18\ * * * [Repealed--1977]
    ---------------------------------------------------------------------------
        \18\ Formerly at 22 U.S.C. 284m. Sec. 702 of Public Law 95-118 (91
    Stat. 1070) repealed sec. 15, which directed the U.S. Governor to vote
    against any loan or assistance to any country which develops a nuclear
    explosive device (unless such country was a party to the Treaty on the
    Non-Proliferation of Nuclear Weapons).
    ---------------------------------------------------------------------------
        Sec. 16.\19\ (a) The United States Governor is hereby
    authorized to agree on behalf of the United States to pay to
    the Association $2,400,000,000 as the United States
    contribution to the fifth replenishment of the Resources of the
    Association: Provided, however, That any commitment to make
    such contributions shall be made subject to obtaining the
    necessary appropriations.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 284n. Sec. 401 of Public Law 95-118 (91 Stat. 1068)
    added sec. 16.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution
    provided for in this section, there are hereby authorized to be
    appropriated, without fiscal year limitation, $2,400,000,000
    for payment by the Secretary of the Treasury.
        Sec. 17.\20\ (a) The United States Governor is authorized
    to agree on behalf of the United States to pay to the
    Association $3,240,000,000 as the United States contribution to
    the sixth replenishment of the resources of the Association:
    Provided, however, That any commitment to make such
    contributions shall be made subject to obtaining the necessary
    appropriations.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 284o. Sec. 1321 of Public Law 97-35 (95 Stat. 740)
    added sec. 17.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contributions
    provided for in this section, there is authorized to be
    appropriated, without fiscal year limitation, $3,240,000,000
    for payment by the Secretary of the Treasury: Provided,
    however, That not more than $850,000,000 of such sum may be
    made available for the fiscal year 1982 and not more than
    $945,000,000 of such sum may be made available for the fiscal
    year 1983.\21\
    ---------------------------------------------------------------------------
        \21\ Appropriations for U.S. payments authorized in sec. 17 have
    been provided in the following amounts and Public Laws: fiscal year
    1981--$500 million (Public Law 97-12); fiscal year 1982--$700 million
    (Public Law 97-121); fiscal year 1983--$700,000,000 (Public Law 97-
    377); and $245 million (Public Law 98-63); fiscal year 1984--$945
    million (Public Law 98-151); fiscal year 1985--$150 million (Public Law
    98-473).
    ---------------------------------------------------------------------------
        Sec. 18.\22\ (a) The United States Governor is hereby
    authorized to agree on behalf of the United States to pay to
    the Association $2,250,000,000 as the United States
    contribution to the seventh replenishment of the resources of
    the Association, except that any commitment to make such
    contributions shall be made subject to obtaining the necessary
    appropriations.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 284p. Title I of the Foreign Assistance
    Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations
    Act, 1985; Public Law 98-473; 98 Stat. 1885), added sec. 18 by enacting
    into law the amendment made by sec. 901 of S. 2582, as reported by the
    Senate Committee on Foreign Relations on April 18, 1984, except for
    subsec. (c) of such amendment.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution
    provided for in subsection (a), there are authorized to be
    appropriated, without fiscal year limitation, $2,250,000,000
    for payment by the Secretary of the Treasury.\23\
    ---------------------------------------------------------------------------
        \23\ Appropriations for U.S. payments authorized in sec. 18 have
    been provided in the following amounts and Public Laws: fiscal year
    1985--$750 million (Public Law 98-473); fiscal year 1986--$700 million
    (Public Law 99-190), reduced by $30.1 million as a result of
    sequestration (Public Law 99-177); fiscal year 1987--$622.6 million
    (Public Law 99-591); fiscal year 1987 supplemental--$207.5 million
    (Public Law 100-71).
    ---------------------------------------------------------------------------

                    special facility for sub-saharan africa

        Sec. 19.\24\ (a) The Secretary of the Treasury shall pay to
    the Special Facility for Sub-Saharan Africa, administered by
    the Association, amounts appropriated pursuant to subsection
    (b).
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 284q and 284q note. Sec. 101(i) of the Further
    Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1294)
    added sec. 19, which enacted sec. 102 of H.R. 2253.
    ---------------------------------------------------------------------------
        (b) For purposes of the United States contribution provided
    for in subsection (a), there are authorized to be appropriated,
    without fiscal year limitation, $225,000,000.\25\
    ---------------------------------------------------------------------------
        \25\ Appropriations for U.S. payments authorized in sec. 19 have
    been provided in the following amounts and Public Laws: fiscal year
    1986--$75 million (actual contribution was $71.8 million resulting from
    budgetary reductions mandated by Gramm-Rudman) (Public Law 99-190);
    fiscal year 1987--$64.8 million (Public Law 99-591).
    ---------------------------------------------------------------------------
        Sec. 20.\26\ (a) The United States Governor is hereby
    authorized to agree on behalf of the United States to pay to
    the Association $2,875,000,000 to the eighth replenishment of
    the resources of the Association, except that any commitment to
    make such contributions shall be made subject to obtaining the
    necessary appropriations.
    ---------------------------------------------------------------------------
        \26\ Added by sec. 101 of H.R. 3750 (as introduced on Dec. 11,
    1987), which was enacted into law by reference in title II of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329 at 1329-
    134).
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution
    provided for in subsection (a), there are authorized to be
    appropriated, without fiscal year limitation, $2,875,000,000
    for payment by the Secretary of the Treasury.\27\
    ---------------------------------------------------------------------------
        \27\ Appropriations for the U.S. contribution authorized in sec. 20
    have been provided in the following amounts and Public Laws: fiscal
    year 1988--$915 million (Public Law 100-202); fiscal year 1989--$995
    million (Public Law 100-461); fiscal year 1990--$960 million (Public
    Law 101-167); fiscal year 1991--$4.15 million (Public Law 101-513).
    ---------------------------------------------------------------------------

    SEC. 21.\28\ NINTH REPLENISHMENT.

      (a) In General.--The United States Governor is hereby
    authorized to agree on behalf of the United States to pay to
    the Association $3,180,000,000 to the ninth replenishment of
    the resources of the Association, subject to obtaining the
    necessary appropriations.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 284s. Sec. 562(a)(1) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1991 (Public
    Law 101-513; 104 Stat. 2032), added sec. 21.
        Appropriations for the U.S. contribution to the ninth replenishment
    were provided in the following amounts and Public Laws: fiscal year
    1991--$1.1 billion (Public Law 101-513); fiscal year 1991
    sequestration--$20.2 million (Public Laws 99-177, 100-119, 101-508);
    fiscal year 1991 sequestration restoration--$20.2 million (Public Law
    102-27); fiscal year 1992 continuing resolutions--$1.0 billion (Public
    Laws 102-145, 102-266); fiscal year 1992 rescission--minus $32.5
    million (Public Law 102-298); fiscal year 1993--$1.0 billion (Public
    Law 102-391); fiscal year 1996--$79.7 million (Public Law 104-107).
        The Foreign Operations and Related Programs Appropriations Acts of
    1994 (Public Law 103-87; 107 Stat. 931), and 1997 (Public Law 104-208;
    110 Stat. 3009), provided for participation in the tenth replenishment
    in sec. 526 (107 Stat. 952), which authorized a contribution of $2.5
    billion. Subsequent appropriations included: fiscal year 1994--$1,024.3
    million (Public Law 103-87); fiscal year 1995--$1,235 million (Public
    Law 103-306); fiscal year 1996--$616.2 million (Public Law 104-107);
    fiscal year 1997--$700 million; fiscal year 1998--$234.5 million
    (Public Law 105-118).
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2425), provided
    for participation in the eleventh replenishment, as follows:
    ---------------------------------------------------------------------------

    ``international financial institutions
    ---------------------------------------------------------------------------

        ``Sec. 560. (a) Authorizations.--The Secretary of the Treasury may,
    to fulfill commitments of the United States: * * *(2) contribute on
    behalf of the United States to the eleventh replenishment of the
    resources of the International Development Association, * * * Each such
    subscription or contribution shall be subject to obtaining the
    necessary appropriations.''.
        Appropriations for the U.S. contribution to the eleventh
    replenishment have been provided in the following amounts and Public
    Laws: fiscal year 1998--$800 million (Public Law 105-118); fiscal year
    1999--$800 million (Public Law 105-277).
        Sec. 594 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2000 (enacted by reference in sec.
    1000(a)(7) of Public Law 106-113; 113 Stat. 1501), provided for
    participation in the twelfth replenishment, as follows:
    ---------------------------------------------------------------------------

    ``authorizations
    ---------------------------------------------------------------------------

        ``Sec. 594. The Secretary of The Treasury may, to fulfill
    commitments of the United States: (1) effect the United States
    participation in the * * * twelfth replenishment of the International
    Development Association. The following amounts are authorized to be
    appropriated without fiscal year limitation for payment by the
    Secretary of the Treasury: * * * $2,410,000,000 for the International
    Development Association.''.
        Appropriations for the U.S. contribution have been provided in the
    following amounts and Public Laws: fiscal year 2000--$775 million
    (Public Law 106-113); fiscal year 1999 rescission--minus $3.7 million;
    fiscal year 2001--$775 million (Public Law 106-429); fiscal year 2000
    rescission--minus $1.7 million (Public Law 106-429); fiscal year 2002--
    $92.4 million (Public Law 107-155).
    ---------------------------------------------------------------------------
      (b) Limitations on Authorization of Appropriations.--In order
    to pay for the United States contribution provided for in
    subsection (a), there are authorized to be appropriated,
    without fiscal year limitation, $3,180,000,000 for payment by
    the Secretary of the Treasury.

    SEC. 22.\29\ THIRTEENTH REPLENISHMENT.

      (a) Contribution Authority.--
              (1) In general. --The United States Governor of the
            Association may contribute on behalf of the United
            States an amount equal to the amount appropriated under
            subsection (b), pursuant to the resolution of the
            Association entitled ``Additions to IDA Resources:
            Thirteenth Replenishment''.
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 284t. Sec. 580 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2004 (Public Law
    108-119; 118 Stat. 202), added sec. 22.
    ---------------------------------------------------------------------------
              (2) Subject to appropriations. --Any commitment to
            make the contribution authorized by paragraph (1) shall
            be effective only to such extent or in such amounts as
            are provided in advance in appropriations Acts.
        (b) Limitations on Authorization of Appropriations. --For
    the contribution authorized by subsection (a), there are
    authorized to be appropriated such sums as may be necessary for
    payment by the Secretary of the Treasury, without fiscal year
    limitation.\30\
    ---------------------------------------------------------------------------
        \30\Appropriations for the U.S. contribution to the thirteenth
    replenishment were provided in the following amounts and Public Laws:
    fiscal year 2003--$850 million (Public Law 108-7); fiscal year 2003
    rescission--minus $5.5 million (Public Law 108-7); fiscal year 2004 --
    $913.2 million (Public Law 108-199); fiscal year 2004 rescission--minus
    $5.4 billion (Public Law 108-199); fiscal year 2005--$850 million
    (Public Law 108-447); fiscal year 2005 rescission--minus $6.8 billion
    (Public Law 108-447).
    ---------------------------------------------------------------------------

    SEC. 23.\31\ FOURTEENTH REPLENISHMENT.

      (a) The United States Governor International Development
    Association is authorized to contribute on behalf of the United
    States $2,850,000,000 to the fourteenth replenishment of the
    resources of the Association, subject to obtaining the
    necessary appropriations.
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 2842. Sec. 599C(a) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2005 (Public Law
    109-102; 119 Stat. 2243), added sec. 23.
    ---------------------------------------------------------------------------
      (b) In order to pay for the United States contribution
    provided for in subsection (a), there are authorized to be
    appropriated, without fiscal year limitation, $2,850,000,000
    for payment by the Secretary of the Treasury.\32\
    ---------------------------------------------------------------------------
        \32\Appropriations for the U.S. contribution to the fourteenth
    replenishment were provided in the following amounts and Public Laws:
    fiscal year 2006--$950 million (Public Law 109-102); fiscal year 2006
    rescission--minus $9.5 million (Public Law 109-148).
         Sec. 599D of the Foreign Operations, Export Financing, and Related
    Programs Appropriations, 2006 (Public Law 106-102; 119 Stat. 2243),
    provided the following:
    ---------------------------------------------------------------------------

    ``anticorruption provisions
    ---------------------------------------------------------------------------

        ``Sec. 599D. Twenty percent of the funds appropriated by this Act
    under the heading `International Development Association', shall be
    withheld from disbursement until the Secretary of the Treasury
    certifies to the appropriate congressional committees that--
        ``(1) World Bank procurement guidelines are applied to all
    procurement financed in whole or in part by a loan from the
    International Bank for Reconstruction and Development (IBRD) or a
    credit agreement or grant from the International Development
    Association (IDA);
        ``(2) the World Bank proposal `Increasing the Use of Country
    Systems in Procurement' dated March 2005 has been withdrawn;
        ``(3) the World Bank is maintaining a strong central procurement
    office staffed with senior experts who are designated to address
    commercial concerns, questions, and complaints regarding procurement
    procedures and payments under IDA and IBRD projects;
        ``(4) thresholds for international competitive bidding are
    established to maximize international competitive bidding in accordance
    with sound procurement practices, including transparency, competition,
    and cost-effective results for the Borrowers;
        ``(5) all tenders under the World Bank's national competitive
    bidding provisions are subject to the same advertisement requirements
    as tenders under international competitive bidding; and
        ``(6) loan agreements are made public between the World Bank and
    the Borrowers.''.
                  (5) Special Facility for Sub-Saharan Africa

     Partial text of H.R. 2253 [Multilateral Development Bank Act of 1985]
         as enacted into law by sec. 101(i) of the Further Continuing
       Appropriations, 1986 (Public Law 99-190; 99 Stat. 1294), approved
                               December 19, 1985

              Note.--Except for the provisions included below, H.R.
            2253 contained amendments to the International
            Development Association Act, the African Development
            Fund Act, and the Bretton Woods Agreement Act. These
            amendments are incorporated into the text at the
            appropriate places.

              * * * * * * *

                TITLE I--SPECIAL FACILITY FOR SUB-SAHARAN AFRICA

    SEC. 101. FINDINGS.

        The Congress hereby finds that--
              (1) Sub-Saharan Africa faces a virtually
            unprecedented condition of human misery which threatens
            the lives of one hundred and fifty million people;
              (2) only the combined effort of both the African
            nations themselves and international aid donors can
            overcome the obstacles to economic development which
            have given rise to conditions of famine, declining food
            production, infant mortality, desertification, and
            deteriorating infrastructure;
              (3) international relief efforts have helped to
            address the immediate crisis of starvation in Africa
            and the United States has made important contributions
            to this effort both bilaterally and through
            contributions to the multilateral development
            institutions;
              (4) there is a serious shortfall in the external
            capital resources necessary to support the policy
            reform efforts of the African governments and to
            achieve the long-term development necessary to avert a
            chronic state of crisis in Sub-Saharan Africa;
              (5) the Special Facility for Sub-Saharan Africa will
            have as its primary goal the implementation of policy
            reforms to help the African countries to help
            themselves;
              (6) to succeed, these efforts must be reinforced by
            development resources;
              (7) the appalling conditions prevalent in the
            countries of Sub-Saharan Africa underscore the need for
            the United States to participate in a coordinated
            framework with the other aid donor countries; and
              (8) the Special Facility for Sub-Saharan Africa
            provides such a framework and it is in the
            humanitarian, economic, and strategic interests of the
            United States to participate.
              * * * * * * *
             (6) International Finance Corporation Act, as amended

    Public Law 84-350 [S. 1894], 69 Stat. 669, approved August 11, 1955; as
    amended by Public Law 87-185 [H.R. 6765], 75 Stat. 413, approved August
     30, 1961; Public Law 89-126 [S. 1742], 79 Stat. 519, approved August
        14, 1965; Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at 1068,
        approved October 3, 1977; Public Law 99-190 [Further Continuing
    Appropriations, 1986; H.J. Res. 465], 99 Stat. 1185, approved December
    19, 1985; Public Law 101-240 [International Development and Finance Act
    of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989; Public
    Law 101-513 [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November
    5, 1990; Public Law 102-145 [Further Continuing Appropriations, Fiscal
    Year 1992; H.J.Res. 360], 105 Stat. 968, approved October 28, 1991; and
      Public Law 102-511 [FREEDOM Support Act, S. 2532], 106 Stat. 3320,
                           approved October 24, 1992

      AN ACT To provide for the participation of the United States in the
                       International Finance Corporation.

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

                                  short title

        Section 1. This Act may be cited as the ``International
    Finance Corporation Act''.

                            acceptance of membership

        Sec. 2.\1\ The President is hereby authorized to accept
    membership for the United States in the International Finance
    Corporation (hereinafter referred to as the Corporation),
    provided for by the Articles of Agreement of the Corporation
    deposited in the archives of the International Bank for
    Reconstruction and Development.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 282.
    ---------------------------------------------------------------------------

                  governor, executive director, and alternates

        Sec. 3.\2\ The governor and executive director of the
    International Bank for Reconstruction and Development, and the
    alternate for each of them, appointed under section 3 of the
    Bretton Woods Agreements Act, as amended (22 U.S.C. 286a),
    shall serve as governor, director and alternates, respectively,
    of the Corporation.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 282a.
    ---------------------------------------------------------------------------

       national advisory council on international monetary and financial
                                    problems

        Sec. 4.\3\ The provisions of section 4 of the Bretton Woods
    Agreements Act, as amended (22 U.S.C. 286b), shall apply with
    respect to the Corporation to the same extent as with respect
    to the International Bank for Reconstruction and
    Development.\4\
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 282b.
        \4\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(e)(1)
    struck out the last sentence of this section, which read: ``Reports
    with respect to the Corporation under paragraphs 5 and 6 of subsection
    (b) of section 4 of said Act, as amended, shall be included in the
    first report made thereunder after the establishment of the Corporation
    and in each succeeding report.''.
    ---------------------------------------------------------------------------

               certain acts not to be taken without authorization

        Sec. 5.\5\ Unless Congress by law authorizes such action,
    neither the President nor any person or agency shall on behalf
    of the United States (a) subscribe to additional shares of
    stock under article II, section 3, of the Articles of Agreement
    of the Corporation; (b) accept any amendment under article VII
    of the Articles of Agreement of the Corporation; (c) make any
    loan to the Corporation. The United States Governor of the
    Corporation is authorized to agree to an amendment to article
    III of the Articles of Agreement of the Corporation to
    authorize the Corporation to make investments of its funds in
    capital stock and to limit the exercise of voting rights by the
    Corporation unless exercise of such rights is deemed necessary
    by the Corporation to protect its interests, as proposed in the
    resolution submitted by the Board of Directors on February 20,
    1961.\6\ Unless Congress by law authorizes such action, no
    governor or alternate representing the United States shall vote
    for an increase of capital stock of the Corporation under
    article II, section 2(c)(ii), of the Articles of Agreement of
    the Corporation.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 282c.
        \6\ Public Law 87-185 (75 Stat. 413) inserted this sentence
    authorizing acceptance of an amendment to the articles of agreement of
    the International Finance Corporation permitting investment in capital
    stock.
    ---------------------------------------------------------------------------

                                  depositories

        Sec. 6.\7\ Any Federal Reserve Bank which is requested to
    do so by the Corporation shall act as its depository or as its
    fiscal agent, and the Board of Governors of the Federal Reserve
    System shall supervise and direct the carrying out of these
    functions by the Federal Reserve banks.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 282d.
    ---------------------------------------------------------------------------

                            payment of subscriptions

        Sec. 7.\8\ (a) The Secretary of the Treasury is authorized
    to pay the subscription of the United States to the Corporation
    and for this purpose is authorized to use as a public-debt
    transaction not to exceed $35,168,000 of the proceeds of any
    securities hereafter issued under the Second Liberty Bond Act,
    as amended, and the purposes for which securities may be issued
    under the Act are extended to include such purpose. Payment
    under this subsection of the subscription of the United States
    to the Corporation and any repayment thereof shall be treated
    as public-debt transactions of the United States.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 282e.
    ---------------------------------------------------------------------------
        (b) Any payment of dividends made to the United States by
    the Corporation shall be covered into the Treasury as a
    miscellaneous receipt.

                       jurisdiction and venue of actions

        Sec. 8.\9\ For the purpose of any action which may be
    brought within the United States or its Territories or
    possessions by or against the Corporation in accordance with
    the Articles of Agreement of the Corporation, the Corporation
    shall be deemed to be an inhabitant of the Federal judicial
    district in which its principal office in the United States is
    located, and any such action at law or in equity to which the
    Corporation shall be a party shall be deemed to arise under the
    laws of the United States, and the district courts of the
    United States shall have original jurisdiction of any such
    action. When the Corporation is a defendant in any such action,
    it may, at any time before the trial thereof, remove such
    action from a State court into the district court of the United
    States for the proper district by following the procedure for
    removal of causes otherwise provided by law.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 282f.
    ---------------------------------------------------------------------------

                       status, immunities and privileges

        Sec. 9.\10\ The provisions of article V, section 5(d), and
    article VI, sections 2 to 9, both inclusive, of the Articles of
    Agreement of the Corporation shall have full force and effect
    in the United States and its Territories and possessions upon
    acceptance of membership by the United States in, and the
    establishment of, the Corporation.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 282g.
    ---------------------------------------------------------------------------
        Sec. 10.\11\ The United States Governor of the Corporation
    is authorized to agree to the amendments of the Articles of
    Agreement of the Corporation to remove the prohibition therein
    contained against the Corporation lending to or borrowing from
    the International Bank for Reconstruction and Development, and
    to place limitations on such borrowings.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 282h. Sec. 2 of Public Law 89-126 (79 Stat. 519)
    added sec. 10.
    ---------------------------------------------------------------------------
        Sec. 11.\12\ (a) The United States Governor of the
    Corporation is authorized--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 282i. Sec. 301 of Public Law 95-118 (91 Stat. 1068)
    added sec. 11.
    ---------------------------------------------------------------------------
              (1) to vote for an increase of five hundred and forty
            thousand shares in the authorized capital stock of the
            Corporation; and
              (2) if such increase becomes effective, to subscribe
            on behalf of the United States to one hundred and
            eleven thousand four hundred and ninety-three
            additional shares of capital stock of the Corporation:
            Provided, however, That any commitment to make payment
            for such additional subscriptions shall be made subject
            to obtaining the necessary appropriations.
        (b) In order to pay for the increase in the United States
    subscription to the Corporation provided for in this section,
    there are hereby authorized to be appropriated, without fiscal
    year limitations, $111,493,000 for payment by the Secretary of
    the Treasury.\13\
    ---------------------------------------------------------------------------
        \13\ Appropriation of funds for this increase in the U.S.
    subscription have been made in the following amounts and Public Laws:
    fiscal year 1978--$38 million (Public Law 95-148); fiscal year 1979--
    $40 million (Public Law 95-481); fiscal year 1980--$33.4 million
    (Public Law 96-123) (only $19 million of the fiscal year 1980
    appropriation spent); fiscal year 1981--$0; fiscal year 1982--$14.4
    million (Public Law 97-121).
    ---------------------------------------------------------------------------

                             capital stock increase

        Sec. 12.\14\ (a) The United States Governor of the
    Corporation is authorized--
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 282j. Added byy sec. 101(i) of the Further
    Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1294),
    which enacted sec. 3 of H.R. 1948 as introduced April 3, 1985.
    ---------------------------------------------------------------------------
              (1) to vote for an increase of 650,000 shares in the
            authorized capital stock of the Corporation; and
              (2) to subscribe on behalf of the United States to
            175,162 additional shares of the capital stock of the
            Corporation, except that any subscription to additional
            shares shall be effective only to such extent or in
            such amounts as are provided in advance in
            appropriations Acts.
        (b) In order to pay for the increase in the United States
    subscription to the Corporation provided for in this section,
    there are authorized to be appropriated, without fiscal year
    limitation, $175,162,000 for payment by the Secretary of the
    Treasury.\15\
    ---------------------------------------------------------------------------
        \15\ Appropriation of funds for this increase have been made in the
    following amounts and Public Laws: fiscal year 1986--$29 million
    (Public Law 99-190), reduced by $1.2 million as a result of
    sequestration (Public Law 99-177); fiscal year 1987 supplemental--$7.2
    million (Public Law 100-71); fiscal year 1988--$20.3 million (Public
    Law 100-202); fiscal year 1989--$4.9 million (Public Law 100-461);
    fiscal year 1990--$75 million (Public Law 101-167); fiscal year 1991--
    $40.3 million (Public Law 101-513).
    ---------------------------------------------------------------------------

    SEC. 13.\16\ SECURITIES ISSUED BY THE CORPORATION.

      (a) Exemption from Securities Laws; Reports to Securities and
    Exchange Commission.--Any securities issued by the Corporation
    (including any guaranty by the Corporation, whether or not
    limited in scope) and any securities guaranteed by the
    Corporation as to both principal and interest shall be deemed
    to be exempted securities within the meaning of section 3(a)(2)
    of the Securities Act of 1933 and section 3(a)(12) of the
    Securities Exchange Act of 1934. The Corporation shall file
    with the Securities and Exchange Commission such annual and
    other reports with regard to such securities as the Commission
    shall determine to be appropriate in view of the special
    character of the Corporation and its operations and necessary
    in the public interest or for the protection of investors.
    ---------------------------------------------------------------------------
        \16\ Sec. 562(e)(1)(A) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2037) added sec. 13.
    ---------------------------------------------------------------------------
      (b) Authority of Securities and Exchange Commission to
    Suspend Exemption: Reports to the Congress.--The Securities and
    Exchange Commission, acting in consultation with the National
    Advisory Council on International Monetary and Financial
    Problems, is authorized to suspend the provisions of subsection
    (a) at any time as to any or all securities issued or
    guaranteed by the Corporation during the period of such
    suspension. The Commission shall include in its annual reports
    to the Congress such information as it shall deem advisable
    with regard to the operations and effect of this section.

    SEC. 14.\17\ CAPITAL STOCK INCREASE.

      (a) Subscription Authorized.--
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 282l. Sec. 125(a) of the Further Continuing
    Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended by
    Public Law 102-266; 106 Stat. 97), added sec. 14.
    ---------------------------------------------------------------------------
              (1) In general.--The United States Governor of the
            Corporation may--
                      (A) vote for an increase of 1,000,000 shares
                    in the authorized capital stock of the
                    Corporation; and
                      (B) subscribe on behalf of the United States
                    to 250,000 additional shares of the capital
                    stock of the Corporation.
              (2) Prior appropriation required.--The subscription
            authority provided in paragraph (1) shall be effective
            only to such extent or in such amounts as are provided
            in advance in appropriations Acts.
        (b) Limitations on Authorization of Appropriations.--In
    order to pay for the subscription authorized in subsection (a),
    there are authorized to be appropriated, without fiscal year
    limitation, $50,000,000 for payment by the Secretary of the
    Treasury.\18\
    ---------------------------------------------------------------------------
        \18\ Appropriation of funds for this increase have been made in the
    following amounts and Public Laws: fiscal year 1992--$39.7 million
    (Public Law 102-145, as amended by Public Law 102-266); fiscal year
    1993--$35.76 (Public Law 102-391); fiscal year 1994--$35.76 (Public Law
    103-87); fiscal year 1995--$68.741 million (Public Law 103-306); fiscal
    year 1996--$60.9 million (of which not more than $5.27 million was
    could be expended in fiscal year 1996) (Public Law 104-107); fiscal
    year 1997--$6.65 million (Public Law 104-208).
    ---------------------------------------------------------------------------

    SEC. 15.\19\ AUTHORITY TO VOTE FOR CAPITAL INCREASES NECESSARY TO
                        SUPPORT ECONOMIC RESTRUCTURING IN THE INDEPENDENT
                        STATES OF THE FORMER SOVIET UNION.

        The United States Governor of the Corporation may vote in
    favor of any increase in the capital stock of the Corporation
    that may be needed to accommodate the requirements of the
    independent states of the former Soviet Union (as defined in
    section 3 of the Freedom for Russia and Emerging Eurasian
    Democracies and Open Markets Support Act of 1992).
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 282m. Sec. 1005 of the FREEDOM Support Act (Public
    Law 102-511; 106 Stat. 3361) added sec. 15.
    ---------------------------------------------------------------------------

    SEC. 16.\20\ AUTHORITY TO AGREE TO AMENDMENTS TO THE ARTICLES OF
                        AGREEMENT.

        The United States Governor of the Corporation is authorized
    to agree to amendments to the Articles of Agreement of the
    Corporation that would--
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 282n. Sec. 1006 of the FREEDOM Support Act (Public
    Law 102-511; 106 Stat. 3361) added sec. 16.
    ---------------------------------------------------------------------------
              (1) amend Article II, Section 2(c)(ii), to increase
            the vote by which the Board of Governors of the
            Corporation may increase the capital stock of the
            Corporation from a three-fourths majority to a four-
            fifths majority; and
              (2) amend Article VII(a) to increase the vote by
            which the Board of Governors of the Corporation may
            amend the Articles of Agreement of the Corporation from
            a four-fifths majority to an eighty-five percent
            majority.
                (7) Multilateral Investment Guarantee Agency Act

    Partial text of H.R. 3570 as enacted into law by sec. 101(e) of Public
    Law 100-202 [Continuing Appropriations, 1988; H.J. Res. 395], 101 Stat.
      1329, approved December 22, 1987; as amended by Public Law 101-240
      [International Development and Finance Act of 1989; H.R. 2494], 103
                     Stat. 2518, approved December 19, 1989

              Note.--Sec. 101(e) of the Continuing Appropriations,
            1988 (Public Law 100-202) enacted into law title IV of
            H.R. 3570, as introduced in the House of
            Representatives on December 11, 1987. The text of title
            IV is set out below.

               TITLE IV--MULTILATERAL INVESTMENT GUARANTEE AGENCY

        Sec. 401. This title may be cited as the ``Multilateral
    Investment Guarantee Agency Act''.
        Sec. 402. This title shall be codified as subchapter XXVI
    of chapter 7 of title 22 of the United States Code.

                            acceptance of membership

        Sec. 403.\1\ The President is hereby authorized to accept
    membership for the United States in the Multilateral Investment
    Guarantee Agency (hereinafter in this title referred to as the
    ``Agency'') provided for by the Convention Establishing the
    Multilateral Investment Guarantee Agency (hereinafter in this
    title referred to as the ``Convention'') deposited in the
    archives of the International Bank for Reconstruction and
    Development (hereinafter in this title referred to as the
    ``Bank'').
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 290k.
    ---------------------------------------------------------------------------

                        governor and alternate governor

        Sec. 404.\2\ The Governor and Alternate Governor of the
    Bank, appointed under section 3 of the Bretton Woods Agreements
    Act, as amended (22 U.S.C. 286a), shall serve as Governor and
    Alternate Governor, respectively, of the Agency.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 290k-1.
    ---------------------------------------------------------------------------

                    instructions for united states director

        Sec. 405.\3\ Immediately after taking office and prior to
    the issuance by the Agency of its first guarantee, the United
    States Director of the Agency shall propose and actively seek
    the adoption by the Board of Directors of policies and
    procedures under which the Agency will not issue guarantees in
    respect of any proposed investment that would--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 290k-2.
    ---------------------------------------------------------------------------
              (1) be in any country which has not taken or is not
            taking steps to afford internationally recognized
            workers' rights to workers in that country;
              (2) be subject to trade-distorting performance
            requirements imposed by the host country that are
            likely to result in a significant net reduction in--
                      (A) employment in the United States or other
                    member countries; or
                      (B) other trade benefits likely to accrue to
                    the United States or other member countries
                    from the investment; or
              (3) increase a country's productive capacity in an
            industry already facing excess worldwide capacity for
            the same, similar or competing product, and cause
            substantial injury to producers of such product in
            another member country.
        Sec. 406.\4\ Consistent with the purposes of section 405,
    the Secretary of the Treasury shall--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 290k-3.
    ---------------------------------------------------------------------------
              (1) instruct the United States Directory to oppose,
            and to actively seek the concurrence of other members
            of the Board of Directors in opposing, any guarantee or
            other investment promotion under consideration by the
            Agency if the proposed investment would--
                      (A) be in any country which is not a
                    beneficiary developing country for purposes of
                    title V of the Trade Act of 1974 because it has
                    not taken or is not taking steps to afford
                    internationally-recognized workers' rights to
                    workers in that country;
                      (B) be subject to trade-distorting
                    performance requirements imposed by the host
                    country that are likely to result in a
                    significant net reduction in--
                              (i) employment in the United States;
                            or
                              (ii) other trade benefits likely to
                            accrue to the United States from the
                            investment; or
                      (C) likely increase a country's productive
                    capacity in an industry already facing excess
                    worldwide capacity for the same, similar or
                    competing product, and cause substantial injury
                    to producers of such products in the United
                    States; and
              (2) within 12 months after the United States becomes
            a member of the Agency and each year thereafter for the
            3 succeeding years, conduct an independent evaluation
            of the United States investments which have been
            guaranteed by the Agency to determine--
                      (A) the anticipated net impact of such
                    investments on employment in and exports from
                    the United States, and
                      (B) the extent to which such investments were
                    made in countries which had not taken or are
                    not taking steps to afford internationally-
                    recognized workers' rights to workers in those
                    countries.
    In the course of conducting each evaluation required under
    paragraph (2), the Secretary shall actively solicit and take
    into account the views of United States labor organization. The
    Secretary shall furnish a copy of each such evaluation on its
    completion to the Congress.
        Sec. 407.\5\ Recognizing that United States participation
    in the Agency represents an effort to enhance United States
    trade prospects and strengthen the role of the United States
    private sector in the development process, the Secretary of the
    Treasury shall ensure regular and continuing consultations with
    United States private sector representatives and
    representatives of United States labor organizations, through
    appropriate mechanisms, on policy directions and operations of
    the Agency, and shall take account of those consultations in
    determining the policies of the United States toward the
    Agency.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 290k-4.
    ---------------------------------------------------------------------------

                 applicability of bretton woods agreements act

        Sec. 408.\6\ The provisions of section 4 of the Bretton
    Woods Agreements Act shall apply with respect to the Agency to
    the same extent as with respect to the Bank and the
    International Monetary Fund.\7\
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 290k-5.
        \7\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(e)(5)
    struck out the last sentence of this section, which read: ``Reports
    with respect to the Agency under paragraphs (5) and (6) of section 4(b)
    of such Act shall be included in the reports made thereunder after the
    United States accepts membership in the Agency.''.
    ---------------------------------------------------------------------------

                                  restrictions

        Sec. 409.\8\ Unless authorized by law, neither the
    President nor any person or agency shall, on behalf of the
    United States--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C 290k-6.
    ---------------------------------------------------------------------------
              (1) subscribe to additional shares of stock of the
            Agency;
              (2) vote for or agree to any amendment of the
            Convention which increases the obligations of the
            United States, or which changes the purpose or
            functions of the Agency; or
              (3) make a loan or provide other financing to the
            Agency.

                     federal reserve banks as depositories

        Sec. 410.\9\ Any Federal Reserve bank that is requested to
    do so by the Agency shall act as its depository or as its
    fiscal agent, and the Board of Governors of the Federal Reserve
    System shall supervise and direct the carrying out of these
    functions by the Federal Reserve banks.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 290k-7.
    ---------------------------------------------------------------------------

                             subscription of stock

        Sec. 411.\10\ (a) The Secretary of the Treasury is
    authorized to subscribe on behalf of the United States to
    20,519 shares of the capital stock of the Agency, except that
    the subscription shall be effective only to such extent or in
    such amounts as are provided in advance in appropriations acts.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 290 k-8. Sec. 594 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000 (enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
    122), provided the following:
    ---------------------------------------------------------------------------

    ``Authorizations
    ---------------------------------------------------------------------------

        ``Sec. 594. The Secretary of The Treasury may, to fulfill
    commitments of the United States: (1) effect the United States
    participation in * * * the first general capital increase of the
    Multilateral Investment Guarantee Agency * * * The following amounts
    are authorized to be appropriated without fiscal year limitation for
    payment by the Secretary of the Treasury: * * * $29,870,087 for paid-in
    capital, and $139,365,533 for callable capital, of the Multilateral
    Investment Guarantee Agency * * *''.
        Appropriations for the U.S. contribution were made in the following
    amounts and Public Laws: fiscal year 2000--$4 million paid-in capital,
    $20 million callable capital (Public Law 106-113); fiscal year 2001--
    $10 million paid-in capital, $50 million callable capital, fiscal year
    2000 rescission--minus $0.022 million (Public Law 106-429); fiscal year
    2002--$5 million paid-in capital, $25 million callable capital (Public
    Law 107-155); fiscal year 2004--$1.124 million paid-in capital, $4.449
    million callable capital, rescission--minus $0.007 million (Public Law
    106-429).
    ---------------------------------------------------------------------------
        (b) In order to pay for United States subscription
    authorized in subsection (a), there are authorized to be
    appropriated, without fiscal year limitation, $222,015,580, for
    payment by the Secretary of the Treasury.\11\
    ---------------------------------------------------------------------------
        \11\ The appropriation for the U.S. payment authorized in sec. 411
    for fiscal year 1988 was $222 million ($44.4 million paid-in capital;
    $177.6 million callable capital) (Public Law 100-202).
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations
    Act, 1988; Public Law 100-202; 101 Stat. 1329-132), also contained the
    following provisions relating to the U.S. payment:
    ---------------------------------------------------------------------------

    ``contribution to the multilateral investment guarantee agency
    ---------------------------------------------------------------------------

        ``For payment to the Multilateral Investment Guarantee Agency by
    the Secretary of the Treasury, for the paid-in share of the capital
    stock, $44,403,116, to remain available until expended: Provided, That
    no such payment may be made prior to April 30, 1988: Provided further,
    That no such payment may be made on or after April 30, 1988, unless the
    Secretary of the Treasury certifies and reports to the Congress that
    the United States Director of the Agency has proposed and actively
    sought the adoption by the Agency of the policies and procedures
    specified in section 405 of H.R. 3750, as enacted herein: Provided
    further, That no such payment may be made on or after April 30, 1988,
    unless the Secretary of the Treasury certifies and reports to the
    Congress that the Board has adopted those policies and procedures, or
    substantially similar policies and procedures, or that the United
    States Director of the Agency will continue to propose and actively
    seek the adoption by the Agency of those policies and procedures until
    those policies and procedures, or substantially similar policies and
    procedures, have been adopted by the Board and that the failure to make
    such payment is likely to make the adoption of those policies and
    procedures more difficult to achieve.''.
    ---------------------------------------------------------------------------
        (c) Any payment of dividends made to the United States by
    the Agency shall be deposited into the Treasury as a
    miscellaneous receipt.

    jurisdiction of united states courts and enforcement of arbitral awards

        Sec. 412.\12\ For the purposes of any civil action which
    may be brought within the United States, its territories or
    possessions, or the Commonwealth of Puerto Rico, by or against
    the Agency in accordance with the Convention, including an
    action brought to enforce an arbitral award against the Agency,
    the Agency shall be deemed to be an inhabitant of the Federal
    judicial district in which its principal office within the
    United States or its agency appointed for the purpose of
    accepting service or notice of service is located, and any such
    action to which the Agency shall be a party shall be deemed to
    arise under the laws of the United States, and the district
    courts of the United States, including the courts enumerated in
    section 460 of title 28, United States Code, shall have
    original jurisdiction of any such action. When the Agency is a
    defendant in any action in a State court, it may at any time
    before the trial thereof remove the action into the appropriate
    district court of the United States by following the procedure
    for removal provided in section 1446 of title 28, United States
    Code.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 290k-10.
    ---------------------------------------------------------------------------
        Sec. 413.\13\ Articles 43 through 48, inclusive, of the
    Convention shall have full force and effect in the United
    States, its territories and possessions, and the Commonwealth
    of Puerto Rico, upon the entry into force of the Convention for
    the United States.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 290k-11.
    ---------------------------------------------------------------------------
        Sec. 414.\14\ (a) An award of an arbitral tribunal
    resolving a dispute arising under Article 57 or Article 58 of
    the Convention shall create a right arising under a treaty of
    the United States. The pecuniary obligations imposed by such an
    award shall be enforced and shall be given the same full faith
    and credit as if the award were a final judgment of a court of
    general jurisdiction of one of the several States. The Federal
    Arbitration Act (9 U.S.C. 1, et seq.) shall not apply to
    enforcement of awards rendered pursuant to the Convention.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 290k-11.
    ---------------------------------------------------------------------------
        (b) The district courts of the United States (including the
    courts enumerated in section 460 of title 28, United States
    Code) shall have exclusive jurisdiction over actions and
    proceedings under subsection (a) of this section, regardless of
    the amount in controversy.
                       b. Inter-American Development Bank

              (1) Inter-American Development Bank Act, as amended

    Public Law 86-147 [S. 1928], 73 Stat. 299, approved August 7, 1959; as
    amended by Public Law 88-259 [H.R. 7406], 78 Stat. 3, approved January
     22, 1964; Public Law 89-6 [H.R. 45], 79 Stat. 23, approved March 24,
     1965; Public Law 90-88 [H.R. 9547], 81 Stat. 226, approved September
     22, 1967; Public Law 90-325 [H.R. 15364], 82 Stat. 168, approved June
       4, 1968; Public Law 91-599 [H.R. 18306], 84 Stat. 1657, approved
     December 30, 1970; Public Law 92-246 [S. 748], 86 Stat. 59, approved
     March 10, 1972; Public Law 94-302 [H.R. 9721], 90 Stat. 591, approved
      May 31, 1976; Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at 1070,
      approved October 3, 1977; Public Law 96-259 [S. 662], 94 Stat. 429,
     approved June 3, 1980; Public Law 97-35 [H.R. 3982], 95 Stat. 357 at
        744, approved August 13, 1981; Public Law 98-181 [Supplemental
     Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at 1284, approved
    November 30, 1983; Public Law 100-202 [Continuing Appropriations, 1988;
    H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987; Public Law
    101-240 [International Development and Finance Act of 1989; H.R. 2494],
    103 Stat. 2492, approved December 19, 1989; Public Law 102-391 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1993; H.R. 5368], 106 Stat. 1633, approved October 6, 1992; Public Law
      103-306 [Foreign Operations, Export Financing, and Related Programs
     Appropriations Act, 1995; H.R. 4426], 108 Stat. 1608, approved August
      23, 1994; and Public Law 104-316 [General Accounting Office Act of
          1996; H.R. 3864], 110 Stat. 3826, approved October 19, 1996

      AN ACT To provide for the participation of the United States in the
                        Inter-American Development Bank.

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

                                  short title

        Section 1. This Act may be cited as the ``Inter-American
    Development Bank Act''.

                            acceptance of membership

        Sec. 2.\1\ The President is hereby authorized to accept
    membership for the United States in the Inter-American
    Development Bank (hereinafter referred to as the Bank),
    provided for by the agreement establishing the bank
    (hereinafter referred to as the agreement) deposited in the
    archives of the Organization of American States.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 283.
    ---------------------------------------------------------------------------

              governor, alternate governor, and executive director

        Sec. 3.\2\ (a) The President, by and with the advice and
    consent of the Senate, shall appoint a Governor of the Bank and
    an alternate for the governor. The term of office for the
    governor and the alternate governor shall be five years, but
    each shall remain in office until a successor has been
    appointed.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 283a.
    ---------------------------------------------------------------------------
        (b) The President, by and with the advice and consent of
    the Senate, shall appoint an Executive Director of the Bank and
    an alternate Executive Director.\3\ Except as provided for in
    article XV, section 3, of the agreement, the term of office for
    the Executive Director shall be three years, but he shall
    remain in office until a successor has been appointed.
    ---------------------------------------------------------------------------
        \3\ Sec. 21(b) of Public Law 91-599 (84 Stat. 1658) inserted ``and
    an alternate Executive''.
    ---------------------------------------------------------------------------
        (c) No person shall be entitled to receive any salary or
    other compensation from the United States for services as a
    governor, alternate governor, or Executive Director.

       national advisory council on international monetary and financial
                                    problems

        Sec. 4.\4\ The provisions of section 4 of the Bretton Woods
    Agreements Act, as amended (22 U.S.C. 286b), shall apply with
    respect to the International Bank for Reconstruction and
    Development and the International Monetary Fund.\5\
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 283b.
        \5\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(e)(2)
    struck out the last sentence of this section, which read: ``Reports
    with respect to the Bank under paragraphs (5) and (6) of subsection (b)
    of section 4 of said Act, as amended, shall be included in the first
    report made thereunder after the establishment of the Bank and in each
    succeeding report.''.
    ---------------------------------------------------------------------------

               certain acts not to be taken without authorization

        Sec. 5.\6\ Unless Congress by law authorizes such action,
    neither the President nor any person or agency shall, on behalf
    of the United States, (a) subscribe to additional shares of
    stock under article II, section 3, or article IIA, section
    2,\7\ of the agreement; (b) request or consent to any change in
    the quota of the United States under article IV, section 3, of
    the agreement; (c) accept any amendment under article XII of
    the agreement; or (d) make a loan or provide other financing to
    the Bank, except that loans or other financing may be provided
    to the Bank by a United States agency created pursuant to an
    Act of Congress which is authorized by law to make loans or
    provide other financing to international organizations. Unless
    Congress by law authorizes such action, no governor or
    alternate appointed to represent the United States shall vote
    for any increase of capital stock of the Bank under article II,
    section 2, or article IIA, section 1,\8\ of the agreement of
    any increase in the resources of the Fund for Special
    Operations under article IV, section 3(g) thereof.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 283c.
        \7\ Sec. 103(a)(2) of Public Law 94-302 (90 Stat. 593) inserted ``,
    or article IIA, section 2,''.
        \8\ Sec. 103(a)(2) of Public Law 94-302 (90 Stat. 593) inserted
    ``or article IIA, section 1,''.
    ---------------------------------------------------------------------------

                                  depositories

        Sec. 6.\9\ Any Federal Reserve bank which is requested to
    do so by the Bank shall act as its depository or as its fiscal
    agent and the Board of Governors of the Federal Reserve System
    shall supervise and direct the carrying out of these functions
    by the Federal Reserve banks.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 283d.
    ---------------------------------------------------------------------------

                            payments of subscription

        Sec. 7.\10\ (a) There is hereby authorized to be
    appropriated, without fiscal year limitation, for the purchase
    of thirty-five thousand shares of capital stock in the Bank,
    $350 million. In addition, there is hereby authorized to be
    appropriated, without fiscal year limitation, for payment of
    the subscription of the United States to the Fund for Special
    Operations, $100 million.\11\
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 283e.
        \11\ As of October 23, 1962, Congress had appropriated the entire
    subscription. See the following appropriation Acts: 73 Stat. 445
    (1959); 75 Stat. 721 (1961) and 76 Stat. 1168.
        Title II of the Foreign Aid and Related Agencies Appropriation Act,
    1964 (Public Law 88-258; 77 Stat. 862), contained the following
    provision: ``For payment of subscriptions to the Inter-American
    Development Bank for expansion of the Fund for Special Operations,
    $50,000,000 to remain available until expended: Provided, That this
    paragraph shall be effective only upon enactment into law of
    authorizing legislation.''. Sec. 2(b) of Public Law 88-259 (79 Stat.
    3), enacted such authorizing legislation.
    ---------------------------------------------------------------------------
        (b) For the purpose of keeping to a minimum the cost to the
    United States of participation in the Bank, the Secretary of
    the Treasury, after paying the requisite part of the
    subscription and quota of the United States in the Bank
    required to be made under article II, section 4, and article
    IV, section 3, respectively, of the agreement, is authorized
    and directed to issue special notes of the United States from
    time to time, at par, and to deliver such notes to the Bank in
    exchange for dollars to the extent permitted by the agreement.
    The special notes provided for in this subsection shall be
    issued under the authority and subject to the provisions of the
    Second Liberty Bond Act, as amended, and the purposes for which
    securities may be issued under that Act are extended to include
    the purposes for which special notes are authorized and
    directed to be issued under this subsection, but such notes
    shall bear no interest, shall be nonnegotiable and shall be
    payable on demand of the Bank. The face amount of special notes
    issued to the Bank under the authority of this subsection and
    outstanding at any one time shall not exceed, in the aggregate,
    the amount of the subscription and quota of the United States
    actually paid to the Bank under article II, section 4, and
    article IV, section 3, respectively, of the agreement.
        (c) Any payment made to the United States by the Bank as a
    distribution of net income shall be covered into the Treasury
    as a miscellaneous receipt.

                        jurisdiction and venue of action

        Sec. 8.\12\ For the purpose of any action which may be
    brought within the United States, its Territories or
    possessions, or the Commonwealth of Puerto Rico by or against
    the Bank in accordance with the agreement, the Bank shall be
    deemed to be an inhabitant of the Federal judicial district in
    which its principal office in the United States is located, and
    any such action at law or in equity to which the Bank shall be
    a party shall be deemed to arise under the laws of the United
    States, and the district courts of the United States shall have
    original jurisdiction of any such action. When the Bank is a
    defendant in any such action, it may, at any time before the
    trial thereof, remove such action from a State court into the
    district court of the United States for the proper district by
    following the procedure for removal of causes otherwise
    provided by law.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 283f.
    ---------------------------------------------------------------------------

                       status, immunities and privileges

        Sec. 9.\13\ The provisions of article X, section 4(c), and
    article XI, sections 2 to 9, both inclusive, of the agreement
    shall have full force and effect in the United States, its
    Territories and possessions, and the Commonwealth of Puerto
    Rico, upon acceptance of membership by the United States in,
    and the establishment of, the Bank.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 283g.
    ---------------------------------------------------------------------------

     securities issued by bank as investment securities for national banks

        Sec. 10. The last sentence of paragraph seven of section
    5136 of the Revised Statutes, as amended (12 U.S.C. 24), is
    amended by inserting after the words ``International Bank for
    Reconstruction and Development'' the words ``or the Inter-
    American Development Bank'' and by striking the words ``said
    Bank'' and inserting in lieu thereof ``either of said Banks''.

       securities issued by bank as exempt securities; report filed with
                       securities and exchange commission

        Sec. 11.\14\ (a) Any securities issued by the Bank
    (including any guarantee by the Bank, whether or not limited in
    scope) in connection with raising of funds for including in the
    Bank's \15\ capital resources as defined in article II, section
    5, and article IIA, section 4,\15\ of the agreement, and any
    securities guaranteed by the Bank as to both the principal and
    interest to which the commitment in article II, section
    4(a)(ii), or article IIA, section 3(c),\15\ of the agreement is
    expressly applicable, shall be deemed to be exempted securities
    within the meaning of paragraph (a)(2) of section 3 of the Act
    of May 27, 1933, as amended (15 U.S.C. 77c), and paragraph
    (a)(12) of section 3 of the Act of June 6, 1934, as amended (15
    U.S.C. 78c). The Bank shall file with the Securities and
    Exchange Commission such annual and other reports with regard
    to such securities as the Commission shall determine to be
    appropriate in view of the special character of the Bank and
    its operations and necessary in the public interest or for the
    protection of investors.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 283h.
        \15\ Sec. 103(a)(3) of Public Law 94-302 (90 Stat. 593) struck out
    ``ordinary'' following ``Banks'', and inserted ``and article IIA,
    section 4,'' and ``or article IIA, section 3(c),''.
    ---------------------------------------------------------------------------
        (b) The Securities and Exchange Commission, acting in
    consultation with the National Advisory Council on
    International Monetary and Financial Problems, is authorized to
    suspend the provisions of subsection (a) at any time as to any
    or all securities issued or guaranteed by the Bank during the
    period of such suspension. The Commission shall include in its
    annual reports to Congress such information as it shall deem
    advisable with regard to the operations and effect of this
    section and in connection therewith shall include any views
    submitted for such purpose by any association of dealers
    registered with the Commission.
        Sec. 12.\16\ * * * [Repealed--1989]
    ---------------------------------------------------------------------------
        \16\ Formerly at 22 U.S.C. 283i. Sec. 541(d)(3) of the
    International Development and Finance Act of 1989 (Public Law 101-240;
    103 Stat. 2518) repealed sec. 12.
    ---------------------------------------------------------------------------
        Sec. 13.\17\ The United States Governor of the Bank is
    hereby authorized (1) to vote (A) for increases in the
    authorized capital stock of the Bank under article II, section
    2, of the agreement, and (B) for an increase in the resources
    of the Fund for Special Operations under article IV, section 3,
    of the agreement, all as recommended by the Executive Directors
    in a report dated March 18, 1963, to the Board of Governors of
    the Bank; (2) to agree on behalf of the United States to
    subscribe to its proportionate share of the $1,000,000,000
    increase in the authorized callable capital stock of the Bank;
    and (3) to vote for an amendment to article VIII, section 3, of
    the agreement to provide that the Board of Governors may, upon
    certain conditions, increase by one the number of Executive
    Directors.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 283j. Added by sec. 1 of Public Law 88-259 (78 Stat.
    3). Sec. 2(a) of that Act authorized the appropriation of $411,760,000,
    without fiscal year limitation, for payment of the increased U.S.
    subscription under sec. 13.
    ---------------------------------------------------------------------------

                                     audit

        Sec. 14.\18\ (a) The Secretary of the Treasury shall
    instruct the United States Executive Director to propose the
    establishment by the Board of Executive Directors of a program
    of selective but continuing independent and comprehensive audit
    of the Inter-American Development Bank, in accordance with such
    terms of reference as the Board of Executive Directors itself
    (or through a subcommittee) may prescribe. Such proposal shall
    provide that the audit reports be submitted to the Board of
    Executive Directors and to the Board of Governors.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 283j-1. Public Law 90-88 (81 Stat. 227) added sec.
    14.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall prepare \19\ the
    scope of the audit and the auditing and reporting standards for
    the use of the United States Executive Directors in assisting
    in the formulation of the terms of reference.
    ---------------------------------------------------------------------------
        \19\ Sec. 111(b)(1) of Public Law 104-316 (110 Stat. 3833) struck
    out ``Comptroller General of the United States shall prepare for the
    Secretary of the Treasury'' and inserted in lieu thereof ``Secretary of
    the Treasury shall prepare''.
    ---------------------------------------------------------------------------
        (c)\20\ The reports of the National Advisory Council on
    International Monetary and Financial Policies to the Congress
    shall include, among other things, an appraisal of the
    effectiveness of the implementation and administration of the
    loans made by the Bank based upon the audit reports. The
    Comptroller General may \21\ review the reports of audit and
    findings and issued and report to the Secretary of the Treasury
    and the Congress any suggestions he might have in improving the
    scope of the audit or auditing and reporting standards of the
    independent auditing firm, group, or staff.
    ---------------------------------------------------------------------------
        \20\ Sec. 583(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (sec. 101(d) of Division I of
    Public Law 105-277; 112 Stat. 2681-202), states that the requirements
    of subsec. (c) shall no longer apply to the contents of the annual
    report of the National Advisory Council on International Monetary and
    Financial Policies, as required by sec. 1701 of the International
    Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
    262r).
        \21\ Sec. 111(b)(2) of Public Law 104-316 (110 Stat. 3833) struck
    out ``shall periodically'' and inserted in lieu thereof ``may''.
    ---------------------------------------------------------------------------

                    fund for special operations of the bank

        Sec. 15.\22\ (a) The United States Governor of the Bank is
    hereby authorized to vote in favor of the resolution entitled
    ``Increase of Resources of the Fund for Special Operations''
    proposed by the Governors at their annual meeting in April
    1964, and now pending before the Board of Governors of the
    Bank. Upon the adoption of such resolution, the United States
    Governor is authorized to agree, on behalf of the United
    States, to pay to the Fund for Special Operations of the Bank,
    the sum of $750,000,000, in accordance with and subject to the
    terms and conditions of such resolution.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 283l. Added by Public Law 89-6 (70 Stat. 23) as sec.
    14 and redesignated as sec. 15 by Public Law 90-88 (81 Stat. 226).
    ---------------------------------------------------------------------------
        (b) There is hereby authorized to be appropriated without
    fiscal year limitation, for the United States share in the
    increase in the resources of the Fund for Special Operations of
    the Bank, the sum of $750,000,000.
        (c) With respect to any dollars herein provided, the voting
    power of the United States shall be exercised for the purpose
    of disapproving any loan from the Fund for Special Operations
    of the Bank for any project, enterprise, or activity in any
    country, during any period for which the President has
    suspended assistance to the government of such country because
    of any action taken on or after January 1, 1962, by the
    government of such country or any government agency or
    subdivision within such country as specified in paragraph (A),
    (B), or (C) of subsection (e)(1) of section 620 of the Foreign
    Assistance Act of 1961, as amended, and the failure of such
    country within a reasonable time to take appropriate steps to
    discharge its obligations or provide relief in accordance with
    the provisions of such subsection.
        Sec. 16.\23\ (a) The United States Governor of the Bank is
    hereby authorized to vote in favor of the resolution entitled
    ``Increase of $1,200,000,000 in Resources of Fund for Special
    Operations'' proposed by the Governors at their annual meeting
    in April 1967 and now pending before the Board of Governors of
    the Bank. Upon the adoption of such resolution, the United
    States Governor is authorized to agree, on behalf of the United
    States, to pay to the Fund for Special Operations of the Bank,
    the sum of $900,000,000, in accordance with and subject to the
    terms and conditions of such resolution, and subject to the
    further condition that in consideration of the United States
    balance-of-payments deficit any local cost financing, by
    project or otherwise, with the funds authorized under this
    section be held to the minimum possible level. The United
    States Governor is also authorized to vote in favor of the
    amendment to Annex C of the agreement, now pending before the
    Board of Governors of the Bank, to modify the procedure
    employed in the election of Executive Directors.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 283m. Public Law 90-88 (81 Stat. 226) added sec. 16.
    ---------------------------------------------------------------------------
        (b) There is hereby authorized to be appropriated without
    fiscal year limitation, for the United States share in the
    increase in the resources of the fund for Special Operations of
    the Bank, the sum of $900,000,000.
        (c) The voting power of the United States shall be
    exercised for the purpose of disapproving any loan which might
    assist the recipient country directly or indirectly to acquire
    sophisticated or heavy military equipment.
        Sec. 17.\24\ (a) The United States Governor of the Bank is
    hereby authorized (1) to vote for an increase in the authorized
    capital stock of the Bank under article II, section 2, of the
    agreement as recommended by the Board of Executive Directors in
    its report of April 1967, to the Board of Governors of the
    Bank; and (2) to agree on behalf of the United States to
    subscribe to its proportionate share of the $1,000,000,000
    increase in the authorized callable capital stock of the Bank.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 283n. Public Law 90-325 (82 Stat. 168) added sec.
    17.
    ---------------------------------------------------------------------------
        (b) There is hereby authorized to be appropriated, without
    fiscal year limitation, for payment by the Secretary of the
    Treasury of the increased United States subscription to the
    capital stock of the Inter-American Development Bank,
    $411,760,000.
        Sec. 18.\25\ (a) The United States Governor of the Bank is
    hereby authorized to vote in favor of the two resolutions
    proposed by the Governors at their annual meeting in April 1970
    and now pending before the Board of Governors of the Bank,
    which provide for (1) an increase in the authorized capital
    stock to the Bank and additional subscriptions of members
    thereto and (2) an increase in the resources of the Fund for
    Special Operations and contributions thereto. Upon adoption of
    such resolutions the United States Governor is authorized to
    agree on behalf of the United States (1) to subscribe to
    eighty-two thousand three hundred and fifty-two shares of
    $10,000 par value of the increase in the authorized capital
    stock of the Bank of which sixty-seven thousand three hundred
    and fifty-two shall be callable shares and fifteen thousand
    shall be paid in and (2) to pay to the Fund for Special
    Operations an initial annual installment of $100,000,000 and,
    upon further authorization by the Congress, two subsequent
    annual installments of $450,000,000 each, in accordance with
    and subject to the terms and conditions of such resolutions.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 283o. Sec. 21 of Public Law 91-599 (84 Stat. 1658)
    added sec. 18.
    ---------------------------------------------------------------------------
        (b) There are hereby authorized to be appropriated, without
    fiscal year limitation, the amounts necessary for payment by
    the Secretary of the Treasury of (1) three annual installments
    of $450,000,000 each for the United States subscription to
    paid-in capital stock of the Bank; (2) two installments of
    $336,760,000 each for the United States subscription to the
    callable capital stock of the Bank; and (3) one installment of
    $100,000,000 for the United States share of the increase in the
    resources of the Fund for Special Operations of the Bank.
        Sec. 19.\26\ (a) The United States Governor of the Bank is
    authorized to pay to the Fund for Special Operations two annual
    installments of $450,000,000 each in accordance with and
    subject to the terms and conditions of the resolution adopted
    by the Board of Governors on December 31, 1970, concerning an
    increase in the resources of the Fund for Special Operations
    and contributions thereto.
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 283p. Public Law 92-246 (86 Stat. 59) added sec. 19.
    ---------------------------------------------------------------------------
        (b) There are hereby authorized to be appropriated, without
    fiscal year limitation, the amounts necessary for payment by
    the Secretary of the Treasury of the two annual installments of
    $450,000,000 each for the United States share of the increase
    in the resources of the Fund for Special Operations of the
    Bank.
        Sec. 20.\27\ The United States Governor of the Bank is
    authorized to agree to amendments to the provisions of the
    articles of agreement as provided in proposed Board of
    Governors resolutions entitled (a) ``Amendment of the
    Provisions of the Agreement Establishing the Bank with Respect
    to Membership and to Related Matters'' and (b) ``Amendment of
    the Provisions of the Agreement Establishing the Bank with
    Respect to the Election of Executive Directors.''
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 283q. Public Law 92-246 (86 Stat. 59) added sec. 20.
    ---------------------------------------------------------------------------
        Sec. 21.\28\ The President shall instruct the United States
    Executive Director of the Bank to vote against any loan or
    other utilization of the funds of the Bank for the benefit of
    any country which has--
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 283r. Public Law 92-246 (86 Stat. 59) added sec. 21.
    ---------------------------------------------------------------------------
              (1) nationalized or expropriated or seized ownership
            or control of property owned by any United States
            citizen or by any corporation, partnership, or
            association not less than 50 per centum of which is
            beneficially owned by United States citizens;
              (2) take steps to repudiate or nullify existing
            contracts or agreements with any United States citizen
            or any corporation, partnership, or association not
            less than 50 per centum of which is beneficially owned
            by United States citizens; or
              (3) imposed or enforced discriminatory taxes or other
            exactions, or restrictive maintenance or operational
            conditions, or has taken other actions, which have the
            effect of nationalizing, expropriating, or otherwise
            seizing ownership or control of property so owned;
    unless the President determines that (A) an arrangement for
    prompt, adequate, and effective compensation has been made, (B)
    the parties have submitted the dispute to arbitration under the
    rules of the Convention for the Settlement of Investment
    Disputes, or (C) good faith negotiations are in progress aimed
    at providing prompt, adequate, and effective compensation under
    the applicable principles of international law.
        Sec. 22.\29\ The Secretary of the Treasury shall instruct
    the United States Executive Director of the Bank to vote
    against any loan or other utilization of the funds of the Bank
    for the benefit of any country with respect to which the
    President has made a determination, and so notified the
    Secretary of the Treasury, that the government of such country
    has failed to take adequate steps to prevent narcotic drugs and
    other controlled substances (as defined by the Comprehensive
    Drug Abuse Prevention and Control Act of 1970) produced or
    processed, in whole or in part, in such country, or transported
    through such country, from being sold illegally within the
    jurisdiction of such country to United States Government
    personnel or their dependents, or from entering the United
    States unlawfully. Such instruction shall continue in effect
    until the President determines, and so notifies the Secretary
    of the Treasury, that the government of such country has taken
    adequate steps to prevent such sale or entry of narcotic drugs
    and other controlled substances.
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 283s. Public Law 92-246 (86 Stat. 59) added sec. 22.
    ---------------------------------------------------------------------------
        Sec. 23.\30\ The United States Governor of the Bank is
    authorized to vote for three proposed resolutions of the Board
    of Governors entitled (a) ``Amendments to the Agreement
    Establishing the Bank with respect to the Creation of the
    Inter-Regional Capital Stock of the Bank and to Related
    Matters'', (b) ``General Rule Governing Admission of
    Nonregional Countries to Membership in the Bank'', and (c)
    ``Increase in the Authorized Callable Ordinary Capital Stock
    and Subscriptions Thereto in Connection with the Admission of
    Nonregional Member Countries'', which were submitted to the
    Board of Governors pursuant to a resolution of the Board of
    Executive Directors approved on March 4, 1975.
    ---------------------------------------------------------------------------
        \30\ 22 U.S.C. 283t. Sec. 103(a) of Public Law 94-302 added sec.
    23.
    ---------------------------------------------------------------------------
        Sec. 24.\31\ The United States Governor of the Bank is
    authorized to agree to the amendments to article II, section
    1(b) and article IV, section 3(b) of the Agreement Establishing
    the Bank, as proposed by the Board of Executive Directors, to
    provide for membership for the Bahamas and Guyana in the Bank
    at such times and in accordance with such terms as the Bank may
    determine.
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 283u. Sec. 103(a) of Public Law 94-302 added sec.
    24.
    ---------------------------------------------------------------------------
        Sec. 25.\32\ The United States Governor of the Bank is
    authorized to agree to the amendments to article III, sections
    1, 4, and 6(b) of the Agreement Establishing the Bank, as
    proposed by the Board of Executive Directors, to provide for
    lending to the Caribbean Development Bank.
    ---------------------------------------------------------------------------
        \32\ 22 U.S.C. 283v. Sec. 103(a) of Public Law 94-302 added sec.
    25.
    ---------------------------------------------------------------------------
        Sec. 26.\33\ (a) The United States Governor of the Bank is
    hereby authorized to vote in favor of two resolutions proposed
    by the Governors at a special meeting in July 1975, and now
    pending before the Board of Governors of the Bank, which
    provide for (1) an increase in the authorized capital stock of
    the Bank and additional subscriptions of members thereto and
    (2) an increase in the resources of the Fund for Special
    Operations and contributions thereto. Upon adoption of such
    resolutions, the United States Governor is authorized to agree
    on behalf of the United States (1) to subscribe to ninety-nine
    thousand four hundred and seventy-four shares of $10,000 par
    value of the increase in the authorized capital stock of the
    Bank of which eighty-nine thousand five hundred and twenty-six
    shall be callable shares and nine thousand nine hundred and
    forty-eight shall be paid in and (2) to contribute to the Fund
    for Special Operations $600,000,000, in accordance with and
    subject to the terms and conditions of such resolutions.
    ---------------------------------------------------------------------------
        \33\ 22 U.S.C. 283w. Sec. 101 of Public Law 94-302 added sec. 26.
    ---------------------------------------------------------------------------
        (b) There are hereby authorized to be appropriated, without
    fiscal year limitation, the amounts necessary for payment by
    the Secretary of the Treasury of (1) $1,199,997,873 for the
    United States subscription to the capital stock of the Bank and
    (2) $600,000,000 for the United States share of the increase in
    the resources of the Fund for Special Operations: Provided,
    however, That not more than $15,677,000 may be made available
    to the Fund for Special Operations for the fiscal year
    1982.\34\
    ---------------------------------------------------------------------------
        \34\ Sec. 1351(c) of Public Law 97-35 (95 Stat. 744) added the
    proviso clause.
        Appropriations for U.S. payments authorized in secs. 26 and 27 have
    been provided in the following amounts and Public Laws: fiscal year
    1977--Bank capital stock, $376 million ($56 million paid-in capital;
    $320 million callable capital) (Public Laws 94-441 and 95-26); Fund for
    Special Operations, $160 million (Public Law 95-26); fiscal year 1978--
    Bank capital stock, $365.2 million ($36.7 million paid-in capital;
    $328.5 million callable capital); Fund for Special Operations, $114.7
    million (Public Law 95-148); fiscal year 1979--Bank capital stock,
    $588.7 million ($27.3 million paid-in capital; $561.4 million callable
    capital); Fund for Special Operations, $175 million (Public Law 95-
    481); fiscal year 1980--$0; fiscal year 1981--Fund for Special
    Operations, $25 million (Public Law 96-536); fiscal year 1982--$0;
    fiscal year 1983--Fund for Special Operations, $46.7 million (Public
    Law 97-377); fiscal year 1984--Fund for Special Operations, $78.6
    million (Public Law 98-151).
    ---------------------------------------------------------------------------
        Sec. 27.\35\ (a) The United States Governor of the Bank is
    hereby authorized to vote for an additional increase of one
    hundred and eight thousand shares of $10,000 par value in the
    authorized callable capital stock of the Bank as recommended in
    the resolution of the Board of Governors entitled ``Increase of
    US $4 Billion in the Authorized Capital Stock and Subscriptions
    Thereto''. Upon adoption of a Board of Governors resolution
    increasing the authorized capital stock of the Bank by such
    amount, the United States Governor is authorized to agree on
    behalf of the United States to subscribe to thirty-seven
    thousand three hundred and three shares of $10,000 par value of
    such additional increase in callable capital in accordance with
    and subject to the terms and conditions of such resolution.
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 283x. Sec. 101 of Public Law 94-302 added sec. 27.
    ---------------------------------------------------------------------------
        (b) In order to pay for the increase in the United States
    subscription to the Bank provided for in this section, there is
    hereby authorized to be appropriated, without fiscal year
    limitation, $450,002,218 for payment by the Secretary of the
    Treasury.\33\
        Sec. 28.\36\ (a) The United States Executive Director of
    the Bank shall propose to the Board of Executive Directors of
    the Bank the adoption of a resolution providing (1) that the
    development and utilization of light-capital or intermediate
    technologies should be accepted as major facets of the Bank's
    development strategy, and (2) that such light-capital or
    intermediate technologies should be developed and utilized as
    soon as possible in all Bank activities. Such resolution shall
    further provide that, by the close of the calendar year 1977,
    some projects that employ primarily such light-capital or
    intermediate technologies shall be designed and approved.
    ---------------------------------------------------------------------------
        \36\ 22 U.S.C. 283z. Public Law 94-302 added this section.
    Originally added as sec. 29, it was redesignated as sec. 28 by sec. 101
    of Public Law 96-259 (94 Stat. 429). The original sec. 28, added by
    sec. 103(a) of Public Law 94-302, directed the U.S. Executive Director
    of the Bank to vote against any loan or assistance to any country
    engaging in violations of human rights, was repealed by sec. 702 of
    Public Law 95-118 (91 Stat. 1070). For references concerning U.S.
    activity in the Bank and human rights, see title VII of the
    International Financial Institutions Act, Public Law 95-118.
    ---------------------------------------------------------------------------
        (b) The United States Governor of the Bank shall report to
    the Congress no later than six months after the date of the
    enactment of this section on the proposal made under subsection
    (a), and no later than twelve months after such date on the
    progress that has been made with respect to such proposal.
        Sec. 29.\37\ (a) The United States Governor of the Bank is
    authorized to vote for two resolutions which were proposed by
    the Governors at a special meeting in December 1978 and are
    pending before the Board of Governors of the Bank. These
    resolutions provide for (1) an increase in the authorized
    capital stock of the Bank and additional subscriptions thereto,
    and (2) an increase in the resources of the Fund for Special
    Operations and contributions thereto. Upon adoption of these
    resolutions, the United States Governor is authorized on behalf
    of the United States (A) to subscribe to two hundred twenty-
    seven thousand eight hundred and ninety-six shares of the
    increase in the authorized capital stock of the Bank, of which
    two hundred ten thousand eight hundred and four shall be
    callable and seventeen thousand and ninety-two shall be paid-
    in, and (B) to contribute to the Fund for Special Operations
    $630,000,000; except that any commitment to make such
    subscriptions to paid-in and callable capital stock and to make
    such contributions to the fund for Special Operations shall be
    effective only to such extent or in such amounts as are
    provided in advance in appropriation Acts.
    ---------------------------------------------------------------------------
        \37\ 22 U.S.C. 283z-1. Sec. 101(2) of Public Law 96-259 (94 Stat.
    429) added sec. 29.
    ---------------------------------------------------------------------------
        (b) In order to pay for the increase in the United States
    subscription and contribution provided for in this section,
    there are authorized to be appropriated, without fiscal year
    limitation, for payment by the Secretary of the Treasury (1)
    $2,474,287,189 for the United States subscription to the
    capital stock of the Bank, and (2) $630,000,000 for the United
    States share of the increase in the resources of the Fund for
    Special Operations: Provided, however, That for contributions
    to the Fund for Special Operations, not more than $175,000,000
    may be made available for the fiscal year 1982, and not more
    than $105,000,000 may be made available for the fiscal year
    1983.\38\
    ---------------------------------------------------------------------------
        \38\ Sec. 1351(b) of Public Law 97-35 (95 Stat. 744) added the
    proviso clause.
        Appropriations for U.S. payments authorized in sec. 29 have been
    provided in the following amounts and Public Laws: fiscal year 1980--
    Bank capital stock, $588.7 million ($27.3 million paid-in capital;
    $561.4 million callable capital); Fund for Special Operations, $175
    million (Public Law 96-123); fiscal year 1981--Bank capital stock,
    $612.2 million $51.5 million paid-in capital; $560.7 million callable
    capital); Fund for Special Operations, $175 million (Public Law 96-
    536); fiscal year 1982--Bank capital stock, $657.7 million ($48.1
    million paid-in capital; $609.6 million callable capital); Fund for
    Special Operations, $173.2 million (Public Law 97-121); fiscal year
    1983--Bank capital stock, $615.6 million ($41.8 million paid-in
    capital; $573.8 million callable capital); Fund for Special Operations,
    $105 million (Public Law 97-377); fiscal year 1984--Fund for Special
    Operations, $1.8 million (Public Law 98-151).
    ---------------------------------------------------------------------------
        (c) For the purpose of keeping to a minimum the cost to the
    United States, the Secretary of the Treasury--
              (1) shall pay the United States contribution to the
            Fund for Special Operations authorized by this section
            by letter of credit in four annual installments; and
              (2) shall take the steps necessary to obtain a
            certification from the Bank that any undisbursed
            balances resulting from drawdowns on such letter of
            credit will not exceed at any time in the United States
            share of expected disbursement requirements for the
            following three-month period.
        (d) None of the funds authorized to be appropriated by this
    section may be used for any form of assistance to any country
    which is not a member of the Bank.
        Sec. 30.\39\ (a) The United States Governor of the Bank is
    authorized on behalf of the United States to contribute to the
    Fund for Special Operations $70,000,000: Provided, however,
    That any commitment to make such contribution shall be made
    subject to obtaining the necessary appropriations.
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 283z-2. Sec. 1351(a) of Public Law 97-35 (95 Stat.
    744) added sec. 30.
    ---------------------------------------------------------------------------
        (b) In order to pay for a portion of the increase in the
    United States subscription to the capital stock of the Bank
    provided for in section 29(a) and for the United States
    contribution to the Fund for Special Operations provided for in
    this section, there are authorized to be appropriated, without
    fiscal year limitation, for payment by the Secretary of the
    Treasury, (1) $274,920,799 for the United States subscription,
    and (2) $70,000,000 for the United States contribution to the
    Fund for Special Operations: Provided, however, That no funds
    may be made available for such contribution to the Fund for
    Special Operations for the fiscal year 1982.\40\
    ---------------------------------------------------------------------------
        \40\ The Further Continuing Appropriations Act, 1983 (Public Law
    97-377), provided the following funding during fiscal year 1983 for
    this authorization: Bank capital stock, $274.9 million ($20.6 million
    paid-in capital; $254.3 million callable capital); Fund for Special
    Operations, $70 million.
    ---------------------------------------------------------------------------
        Sec. 31.\41\ (a)(1) The United States Governor of the Bank
    is authorized to vote for resolutions--
    ---------------------------------------------------------------------------
        \41\ 22 U.S.C. 283z-3. Sec. 1001 of Public Law 98-181 (97 Stat.
    1284) added sec. 31.
    ---------------------------------------------------------------------------
              (A) Which were proposed by the Governors at a special
            meeting in February 1983;
              (B) Which are pending before the Board of Governors
            of the Bank; and
              (C) Which provide for--
                      (i) an increase in the authorized capital
                    stock of the Bank and subscriptions thereto;
                    and
                      (ii) an increase in the resources of the Fund
                    for Special Operations and contributions
                    thereto.
        (2)(A) Upon adoption of the resolutions specified in
    paragraph (1), the United States Governor of the Bank is
    authorized on behalf of the United States to--
              (i) subscribe to 427,396 shares of the increase in
            the authorized capital stock of the bank; and
              (ii) contribute $350,000,000 to the Fund for Special
            Operations.
        (B) any commitment to make such subscriptions to paid-in
    and callable capital stock and to make such contributions to
    the Fund for Special Operations shall be effective only to such
    extent or in such amounts as are provided in advance in
    appropriation Acts.
        (b) In order to pay for the increase in the United States
    subscription and contribution provided for in this section,
    there are authorized to be appropriated, without fiscal year
    limitation, for payment by the Secretary of the Treasury--
              (1) $5,155,862,744 for the United States
            subscriptions to the capital stock of the Bank; and
              (2) $350,000,000 for the United States share of the
            increase in the resources of the Fund for Special
            Operations.\42\
    ---------------------------------------------------------------------------
        \42\ Appropriations for U.S. payments authorized in sec. 31 have
    been provided in the following amounts and Public Laws: fiscal year
    1984--Bank capital stock, $844.5 million ($38 million paid-in capital;
    $806.5 million callable capital); Fund for Special Operations, $0
    (Public Law 98-151); fiscal year 1985--Bank capital stock, $844.5 ($38
    million paid-in capital; $806.5 million callable capital); Fund for
    Special Operations, $72.5 million (Public Law 98-473); fiscal year 1985
    supplemental--Fund for Special Operations, $42.5 million; Bank capital
    stock $889 million ($40 million paid-in capital; $849 million callable
    capital) (Public Law 99-88); fiscal year 1986--Fund for Special
    Operations, $40 million; Bank capital stock, $1,269 million ($38
    million paid-in capital; $1,231 million callable capital) (Public Law
    99-190), reduced by $1.6 million as a result of sequestration (Public
    Law 99-177); fiscal year 1987--Fund for Special Operations, $17.3
    million; Bank capital stock, $1,127.9 million ($16.4 million paid-in
    capital; $1,111.6 million callable capital) (Public Law 99-591); fiscal
    year 1988--Fund for Special Operations, $25.7 million; Bank capital
    stock, $151 million ($31.6 million paid-in capital; $119.4 million
    callable capital) (Public Law 100-202); fiscal year 1990--Fund for
    Special Operations, $63.7 million; Bank capital stock, $31.6 million
    (paid-in capital) (Public Law 101-167); fiscal year 1991--Bank capital
    stock, $.14 million (paid-in capital) (Public Law 101-513).
    ---------------------------------------------------------------------------
        Sec. 32.\43\ The United States Governor of the Inter-
    American Development Bank is hereby authorized to agree to and
    to accept the amendments to the Articles of Agreement in the
    proposed resolution entitled ``Merger of Inter-regional and
    Ordinary Capital Resources''.
    ---------------------------------------------------------------------------
        \43\ 22 U.S.C 283z-4. Title I of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1988 (sec. 101(e)
    of the Continuing Appropriations, 1988; Public Law 100-202; 101 Stat.
    1329-134), added sec. 32 by enacting into law the amendment made by
    sec. 501 of H.R. 3750, as introduced by the House Committee on Banking,
    Finance and Urban Affairs, on December 11, 1987.
    ---------------------------------------------------------------------------

    SEC. 33.\44\ CAPITAL INCREASE; INCREASE IN RESOURCES OF FUND FOR
                        SPECIAL OPERATIONS.

        (a) Authority To Vote for, and To Subscribe and Contribute
    to, Increase in Authorized Capital Stock of Bank and Increase
    in Resources of Fund for Special Operations.--
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 283z-5. Sec. 201 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2496) added sec.
    33.
    ---------------------------------------------------------------------------
              (1) Vote authorized.--The United States Governor of
            the Bank is authorized to vote for resolutions which--
                      (A) were transmitted by the Board of
                    Executive Directors to the Governors of the
                    Bank by resolution of April 19, 1989;
                      (B) are pending before the Board of Governors
                    of the Bank; and
                      (C) provide for--
                              (i) an increase in the authorized
                            capital stock of the Bank and
                            subscriptions to the Bank; and
                              (ii) an increase in the resources of
                            the Fund for Special Operations and
                            contributions to the Fund.
              (2) Subscription and contribution authority.--To the
            extent and in the amounts provided in advance in
            appropriations Acts, on adoption of the resolutions
            described in paragraph (1), the United States Governor
            of the Bank may, on behalf of the United States--
                      (A) subscribe to 760,112 shares of the
                    increase in the authorized capital stock of the
                    Bank; and
                      (B) contribute $82,304,000 to the Fund for
                    Special Operations.
      (b) Limitation on Authorization of Appropriations.--To pay
    for the subscription and contribution authorized under
    subsection (a), there are authorized to be appropriated,
    without fiscal year limitation, for payment by the Secretary of
    the Treasury--
              (1) $9,169,559,712, for the United States
            subscription to the capital stock of the Bank; and
              (2) $82,304,000, for the United States contribution
            to the Fund for Special Operations.\45\
    ---------------------------------------------------------------------------
        \45\ Appropriations for U.S. payments authorized in sec. 33 have
    been provided in the following amounts and Public Laws: fiscal year
    1991--Bank capital stock, $2,292.5 million ($57.31 million paid-in
    capital; $2,235 million callable capital); Fund for Special Operations,
    $20.6 million (Public Law 101-513); fiscal year 1992--Bank capital
    stock, $2,258.7 million ($56.47 million paid-in capital; $2,202 million
    callable capital); Fund for Special Operations, $20.27 million (Public
    Law 102-145, as amended by Public Law 102-266); fiscal year 1993--Bank
    capital stock, $2,258.7 million ($56.47 million paid-in capital; $2,202
    million callable capital); Fund for Special Operations, $20.27 million
    (Public Law 102-391); fiscal year 1994--Bank capital stock, $2,246.45
    million ($56.17 million paid-in capital; $2,190.28 million callable
    capital); Fund for Special Operations, $20.16 million (Public Law 103-
    87); fiscal year 1995--$113.7 million ($2.8 million paid-in capital;
    $110.9 million callable capital) (Public Law 103-306).
    ---------------------------------------------------------------------------
      (c) Organizational Changes Required To Be Made Before Payment
    for Subscription to Capital Stock and Contribution to the Fund
    for Special Operations.--The Secretary of the Treasury may not
    make any payment for the subscription and contribution
    authorized under subsection (a) unless the Bank--
              (1) has established an environmental unit with
            responsibility for the development, evaluation, and
            integration of Bank policies, projects, and programs
            designed to promote environmentally sustainable
            development in borrower countries;
              (2) has increased the number of the staff of the Bank
            with environmentally oriented responsibilities and
            training;
              (3) provides for an increase in the number of
            environmentally beneficial projects and programs
            financed by the Bank; and
              (4) has designed a process for ensuring the access of
            indigenous non-governmental organizations to the
            process for designing projects and programs.
      (d) Certification of Access to Bank Records Required Before
    Payment for Subscription to Capital Stock and Contribution to
    Fund for Special Operations.--The Secretary of the Treasury
    shall not make any payment for the subscription and
    contribution authorized under subsection (a) until the
    Secretary, after consultation with the United States Executive
    Director of the Bank, certifies to the Congress that--
              (1) the Bank has given the Comptroller General of the
            United States access to the audit memorandum issued by
            the Auditor General of the Bank with respect to the
            November 1987 disbursement of funds to the Government
            of Nicaragua;
              (2) the Bank has implemented and is continuing to
            implement revised procedures issued in 1988 for
            collecting loan services payments in arrears;
              (3) the revised procedures referred to in paragraph
            (2) satisfy the recommendations of the Auditor General
            of the Bank; and
              (4) the Comptroller General of the United States has
            access to all documents of the Bank on the same terms
            and under the same conditions as such documents are
            made available to the United States Executive Director
            of the Bank.

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Section 526(c) of the Foreign Operations, Export Financing, and Related Programs                           ``(c) The Secretary of the Treasury may, to fulfill commitments of the United States, (1) subscribe
                              to and make payments for shares of the Inter-American Development Bank, make contributions to the Fund
                              for Special Operations of that Bank, and vote for resolutions (including amendments to that Bank's
                              constitutive agreement), all in connection with the eighth general increase in resources of that Bank;
                              and * * * The amount authorized to be appropriated for payment for paid-in shares of the Inter-
                              American Development Bank is limited to $76,832,001, the amount authorized to be appropriated for
                              payment for callable shares of the Inter-American Development Bank is limited to $4,511,156,729, * * *
                              The amount to be paid in respect of each such contribution or subscription is authorized to be
                              appropriated without fiscal year limitation. Each such subscription or contribution shall be effective
                              only to such extent or in such amounts as are provided in advance in appropriations Acts.''.
                               Appropriations for U.S. payments for the eighth general increase have been provided in the following
                              amounts and Public Laws: fiscal year 1995--$1,622.7 million ($28.1 million paid-in capital; $1,523.8
                              million callable capital); Fund for Special Operations, $21.34 million (Public Law 103-306); fiscal
                              year 1996--$1,540.7 million ($26.0 million paid-in capital; $1,523.8 million callable capital), Fund
                              for Special Operations, $10 million (Public Law 104-107); fiscal year 1997--$1,529.3 million ($25.6
                              million paid-in capital, $1,503.7 million callable capital), Fund for Special Operations, $10 million
                              (Public Law 104-208).
                               Sec. 560(a) of Public Law 105-118 (111 Stat. 2425) provided authorization for continued participation
                              in the eighth general increase. The amount authorized to be appropriated for payment was $76,832,001
                              paid-in capital, and $4,511,156,729 callable capital.
                               Appropriations for U.S. payments have been provided in the following amounts and Public Laws: fiscal
                              year 1998--$1,529.3 million ($25.6 million paid-in capital, $1,503.7 million callable capital), Fund
                              for Special Operations, $20.8 million (Public Law 105-118); fiscal year 1999--$1,529.3 million ($25.6
                              million paid-in capital, $1,503.7 million callable capital), Fund for Special Operations, $21.2
                              million (Public Law 105-277); fiscal year 2000--$1,529.3 million ($25.6 million paid-in capital,
                              $1,503.7 million callable capital), Fund for Special Operations, $0 (Public Law 106-113).--------------------------------------------------------------------------------------------------------------------------------------------------------

    SEC 34.\46\ INVESTMENT IN HUMAN CAPITAL.

        (a) In General.--The Secretary of the Treasury shall
    instruct the United States Executive Director of the Inter-
    American Development Bank to propose and use the voice and vote
    of such director, during the 4-year period beginning on January
    1, 1990, to vigorously promote an increase in the proportion of
    Bank lending in support of projects and programs which support
    investments in human capital and to seek the rapid
    implementation by the Bank of systematic mechanisms of
    consultation with locally affected populations in borrower
    countries either directly or through appropriate representative
    non-governmental organizations.
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 283a-6. Sec. 202(a) of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2498) added sec.
    34.
        Sec. 202(b) of that Act (22 U.S.C. 283z-6 note) provided the
    following:
        ``(b) Report to the Congress.--The Chairman of the National
    Advisory Council on International Monetary and Financial Policies shall
    include in the report required by section 1701 of the International
    Financial Institutions Act for fiscal year 1991 a report on the efforts
    undertaken by the United States Executive Director of the Inter-
    American Development Bank, and the progress to date, in achieving the
    objectives of section 34 of the Inter-American Development Bank Act.''.
    ---------------------------------------------------------------------------
      (b) Investments in Human Capital Defined.--As used in
    subsection (a), the term `investments in human capital' means
    investments in projects, policies, and programs designed to
    improve urban and rural health care and sanitation, basic
    nutrition, education, the small-producer private sector, the
    economic activities of women, and the development of indigenous
    non-governmental organizations.

    SEC. 35.\47\ LIMITATIONS ON POLICY BASED LENDING.

        The Secretary of the Treasury shall--
    ---------------------------------------------------------------------------
        \47\ 22 U.S.C. 283z-7. Sec. 203 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2498) added sec.
    35.
    ---------------------------------------------------------------------------
              (1) take all necessary steps to encourage the Bank to
            limit the aggregate value of the policy based loans
            made by the Bank (other than policy based loans made to
            any country which the Bank has determined is
            economically less developed or has a limited market
            economy, which are used to purchase sovereign debt of
            such country or to reduce the debt or debt service
            burden of such country) during the 4-year period
            beginning on January 1, 1990, to 25 percent of the
            aggregate value of all loans made by the Bank during
            such 4-year period;
              (2) take all necessary steps to encourage the Bank to
            limit the aggregate value of the policy based loans
            made by the Bank to the government of a particular
            country during such 4-year period, to 50 percent of the
            aggregate value of all loans made by the Bank to such
            government during such 4-year period;
              (3) instruct the United States Executive Director of
            the Bank to explore with the other Executive Directors
            of the Bank ways to use a portion of the resources made
            available to the Bank by reason of the subscription and
            contribution described in section 33(a)(2) for debt
            reduction and debt service reduction for countries
            described in paragraph (1); and
              (4) before the end of the 12-month period beginning
            on the date of the enactment of this section, report to
            the Congress on the matters described in paragraph (3).

    SEC. 36.\48\ INCREASE IN LENDING TO THE CARIBBEAN.

        The Secretary of the Treasury shall instruct the United
    States Executive Director of the Bank to enter into discussions
    with the management of the Bank and with other member country
    governments to seek to increase Bank lending to the Caribbean
    region, directly or through appropriate financial
    intermediaries, for viable projects which will--
    ---------------------------------------------------------------------------
        \48\ 22 U.S.C. 283z-8. Sec. 204 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2499) added sec.
    36.
    ---------------------------------------------------------------------------
              (1) result in expanded regional economic integration,
            diversification, and industrial and agricultural
            production, and improved infrastructure; and
              (2) seek to ensure equitable and environmentally
            sustainable economic growth.
        Sec. 37.\49\ (a) The Secretary of the Treasury is
    authorized to contribute, and to make payment of, $500,000,000
    to the Multilateral Investment Fund established pursuant to the
    agreements of February 11, 1992: Provided, That such funds
    shall only be disbursed from the Fund to countries that have
    governments that are democratically elected, that do not harbor
    or sponsor international terrorists; that do not fail to
    cooperate in narcotics matters; and that do not engage in a
    consistent pattern of gross violations of internationally
    recognized human rights.
    ---------------------------------------------------------------------------
        \49\ 22 U.S.C. 283z-9. Sec. 594(b) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1993 (Public
    Law 102-391; 106 Stat. 1693), added sec. 37.
    ---------------------------------------------------------------------------
        (b) There is hereby authorized to be appropriated without
    fiscal year limitation $500,000,000 for the contribution
    authorized in subsection (a).\50\
    ---------------------------------------------------------------------------
        \50\ Appropriations for U.S. contributions authorized in sec. 36(b)
    have been provided in the following amounts and Public Laws: fiscal
    year 1993--$90 million (Public Law 102-391); fiscal year 1994--$75
    million (Public Law 103-87); fiscal year 1995--$75 million (Public Law
    103-306); fiscal year 1996--$53.8 million (Public Law 104-107); fiscal
    year 1997--$27.5 million (Public Law 104-208); fiscal year 1998--$30
    million (Public Law 105-118); fiscal year 1999--$50 million (Public Law
    105-227); fiscal year 2001--$10 million, fiscal year 2000 rescission--
    minus $0.022 million (Public Law 106-429); fiscal year 2003--$24.591
    million, rescission--minus $0.160 million (Public Law 108-007); fiscal
    year 2004--$25 million, rescission--minus $0.148 million (Public Law
    108-119); fiscal year 2005--$11 million, rescission--minus $0.090
    million (Public Law 108-447).
    ---------------------------------------------------------------------------
        (c) If an Enterprise for the Americas Multilateral
    Investment Fund is established pursuant to this section, the
    Secretary of the Treasury shall instruct the United States
    representative to the Fund not to vote in favor of any action
    proposed to be taken by the Fund which may have a significant
    adverse effect on the environment unless an assessment of the
    impact of the action on the environment has been available for
    at least 120 days before the vote.

    SEC. 38.\51\ FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE
                        CARIBBEAN.

        The Secretary of the Treasury shall direct the United
    States Executive Director of the Bank to use the voice and vote
    of the United States to support an increased focus on the
    poorest countries in Latin America and the Caribbean, and on
    poorer areas of better off countries, and to support programs
    conducted by the Multilateral Investment Fund, particularly in
    targeting low-income countries and populations, working with
    nongovernmental organizations and training and assisting former
    combatants from civil conflicts in Latin America.
    ---------------------------------------------------------------------------
        \51\ 22 U.S.C. 283z-10. Sec. 526(f) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1995 (Public
    Law 103-306; 108 Stat. 1634), added sec. 38.
                 (2) Inter-American Investment Corporation Act

    Partial text of Public Law 98-473 [Continuing Appropriations Act, 1985;
     H.J. Res. 648], 98 Stat. 1837 at 1885, approved October 12, 1984; as
     amended by Public Law 101-240 [International Development and Finance
      Act of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989

              Note.--Sec. 101 of the Continuing Appropriations Act,
            1985 (Public Law 98-473) enacted into law title II of
            S. 2416, as introduced in the Senate on March 13, 1984.
            The text of title II of S. 2416 is set out below.

              TITLE II--INTER-AMERICAN INVESTMENT CORPORATION ACT

        Sec. 201. This title may be cited as the ``Inter-American
    Investment Corporation Act''.

                            acceptance of membership

        Sec. 202.\1\ The President is hereby authorized to accept
    membership for the United States in the Inter-American
    Investment Corporation (hereinafter in this title referred to
    as the ``Corporation'') provided for by the agreement
    establishing the Corporation (hereinafter in this title
    referred to as the ``agreement'') deposited in the archives of
    the Inter-American Development Bank.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 283aa.
    ---------------------------------------------------------------------------

                        governor and alternate governor

        Sec. 203.\2\ The Governor and Executive Director of the
    Inter-American Development Bank, and the alternate for each of
    them, appointed under section 3 of the Inter-American
    Development Bank Act, as amended (72 Stat. 299; 22 U.S.C. 283
    et seq.), shall serve as Governor, Director, and alternates,
    respectively, of the Corporation.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 283bb.
    ---------------------------------------------------------------------------

                 applicability of bretton woods agreements act

        Sec. 204.\3\ The provisions of section 4 of the Bretton
    Woods Agreements Act, as amended (59 Stat. 512, 22 U.S.C.
    286b), shall apply with respect to the Corporation to the same
    extent as with respect to the International Bank for
    Reconstruction and Development and the International Monetary
    Fund.\4\
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 283cc.
        \4\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(e)(3)
    struck out the last sentence of this section, which read: ``Reports
    with respect to the Corporation under paragraphs (5) and (6) of
    subsection (b) of section 4 of that Act shall be included in the first
    and subsequent reports made thereunder after the United States accepts
    membership in the Corporation.''.
    ---------------------------------------------------------------------------

                                  restrictions

        Sec. 205.\5\ (a) Unless authorized by law, neither the
    President nor any person or agency shall, on behalf of the
    United States--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 283dd. As enrolled; the section does not include a
    subsec. (b).
    ---------------------------------------------------------------------------
              (1) subscribe to additional shares of stock of the
            Corporation;
              (2) vote for or agree to any amendment of the
            agreement which increases the obligations of the United
            States, or which changes the purpose or functions of
            the Corporation; or
              (3) make a loan or provide other financing to the
            Corporation.

                     federal reserve banks as depositories

        Sec. 206.\6\ Any Federal Reserve bank which is requested to
    do so by the Corporation shall act as its depository or as its
    fiscal agent, and the Board of Governors of the Federal Reserve
    System shall supervise and direct the carrying out of these
    functions by the Federal Reserve banks.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 283ee.
    ---------------------------------------------------------------------------

                             subscription of stock

        Sec. 207.\7\ (a) The Secretary of the Treasury is
    authorized to subscribe on behalf of the United States to five
    thousand one hundred shares of the capital stock of the
    Corporation: Provided, however, That the subscription shall be
    effective only to such extent or in such amounts as are
    provided in advance in appropriations Acts.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 283ff. Sec. 594 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2000, enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113 (113 Stat. 1501A-
    122), provided the following:
    ---------------------------------------------------------------------------

    ``Authorizations
    ---------------------------------------------------------------------------

        ``Sec. 594. The Secretary of The Treasury may, to fulfill
    commitments of the United States: (1) effect the United States
    participation in * * * the first general capital increase of the Inter-
    American Investment Corporation. * * * The following amounts are
    authorized to be appropriated without fiscal year limitation for
    payment by the Secretary of the Treasury: * * * $125,180,000 for paid-
    in capital of the Inter-American Investment Corporation * * *''.
        Appropriations for the U.S. contribution have been provided in the
    following amounts and Public Laws: fiscal year 2000--$16 million
    (Public Law 106-113); fiscal year 2001--$25 million, fiscal year
    rescission--minus $0.055 million (Public Law 106-429); fiscal year
    2002--$18 million (Public Law 107-155); fiscal year 2003--$18.352
    million, rescission--minus $0.119 million (Public Law 108-7).
    ---------------------------------------------------------------------------
        (b) There is authorized to be appropriated, without fiscal
    year limitation, for payment by the Secretary of the Treasury
    of the subscription of the United States for those shares,
    $51,000,000.\8\
    ---------------------------------------------------------------------------
        \8\ Appropriations for U.S. payments authorized in sec. 207 have
    been provided in the following amounts and Public Laws: fiscal year
    1985--$10 million (Public Law 98-473); fiscal year 1985 supplemental--
    $3 million (Public Law 99-88); fiscal year 1986--$11.7 million (Public
    Law 99-190), reduced by $0.5 million as a result of sequestration
    (Public Law 99-177); fiscal year 1988--$1.3 million (Public Law 100-
    202); fiscal year 1991--$13 million (Public Law 101-513); fiscal year
    1992--$12.3 million (Public Law 102-145, as amended by Public Law 102-
    266), reduced by $4 million as a result of a rescission (Public Law
    102-298) (However, only $5,000 in undisbursed funds were available to
    comply with the rescission at the time of enactment of Public Law 102-
    298).
    ---------------------------------------------------------------------------
        (c) Any payment of dividends made to the United States by
    the corporation shall be deposited into the Treasury as a
    miscellaneous receipt.

                      jurisdiction of united states courts

        Sec. 208.\9\ For the purposes of any civil action which may
    be brought within the United States, its territories or
    possessions, or the Commonwealth of Puerto Rico, by or against
    the Corporation in accordance with the agreement, the
    Corporation shall be deemed to be an inhabitant of the Federal
    judicial district in which its principal office within the
    United States or its agent appointed for the purpose of
    accepting service or notice of service is located, and any such
    action to which the Corporation shall be a party shall be
    deemed to arise under the laws of the United States, and the
    district courts of the United States, including the courts
    enumerated in section 460 of title 28, United States Code,
    shall have original jurisdiction of any such action. When the
    Corporation is a defendant in any action in a State court, it
    may at any time before the trial thereof remove the action into
    the appropriate district court of the United States by
    following the procedure for removal provided in section 1446 of
    title 28, United States Code.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 283gg.
    ---------------------------------------------------------------------------

                           effectiveness of agreement

        Sec. 209.\10\ Article VI, section 4(c), and article VII,
    sections 2 to 9, both inclusive, of the agreement shall have
    full force and effect in the United States, its territories and
    possessions, and the Commonwealth of Puerto Rico, upon
    acceptance of membership by the United States in the
    Corporation.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 283hh.
    ---------------------------------------------------------------------------

                      securities issued by the corporation

        Sec. 210.\11\ (a) Any securities issued by the Corporation
    (including any guarantee by the corporation, whether or not
    limited in scope) in connection with the raising of funds for
    inclusion in the Corporation's resources as defined in article
    II, section 2 of the agreement, and any securities guaranteed
    by the Corporation as to both principal and interest to which
    the commitment in article II, section 2(e) of the agreement is
    expressly applicable, shall be deemed to be exempted securities
    within the meaning of section 3(a)(2) of the Securities Act of
    1933 (15 U.S.C. 77c) and section 3(a)(12) of the Securities
    Exchange Act of 1934 (15 U.S.C. 78c). The Corporation shall
    file with the Securities and Exchange Commission such annual
    and other reports with regard to such securities as the
    Commission shall determine to be appropriate in view of the
    special character of the corporation and its operations as
    necessary in the public interest or for the protection of
    investors.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 283ii.
    ---------------------------------------------------------------------------
        (b) The Securities and Exchange Commission, acting in
    consultation with such agency or officer as the President \12\
    shall designate, is authorized to suspend the provisions of
    subsection (a) at any time as to any or all securities issued
    or guaranteed by the Corporation during the period of such
    suspension. The Commission shall include in its annual reports
    to Congress such information as it shall deem advisable with
    regard to the operations and effect of this section and in
    connection therewith shall include any views submitted for such
    purpose by any association of dealers registered with the
    Commission.
    ---------------------------------------------------------------------------
        \12\ Sec. 2 of Executive Order 12567 (October 2, 1986; 51 F.R.
    35495) delegated the functions vested in the President to the Secretary
    of the Treasury.
    ---------------------------------------------------------------------------

                              technical amendments

        Sec. 211. * * *
                   c. Asian Development Bank Act, as amended

     Public Law 89-369 [H.R. 12563], 80 Stat. 71, approved March 16, 1966;
     as amended by Public Law 92-245 [S. 749], 86 Stat. 57, approved March
     10, 1972; Public Law 93-189 [S. 1443], 87 Stat. 714 at 732, approved
    December 17, 1973; Public Law 93-537 [S. 2193], 88 Stat. 1735, approved
      December 22, 1974; Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at
     1068, approved October 3, 1977; Public Law 96-259 [S. 662], 94 Stat.
     429 at 430, approved June 3, 1980; Public Law 96-465 [Foreign Service
     Act of 1980; H.R. 6790], 94 Stat. 2071 at 2160, approved October 17,
    1980; Public Law 97-35 [Omnibus Budget Reconciliation Act of 1981; H.R.
    3982], 95 Stat. 357 at 744, approved August 13, 1981; Public Law 98-181
     [Supplemental Appropriations Act, 1984; [H.R. 3959], 97 Stat. 1153 at
       1285, approved November 30, 1983; Public Law 100-202 [Continuing
    Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December
    22, 1987; Public Law 102-145 [Further Continuing Appropriations, Fiscal
    Year 1992; H.J. Res. 360, as amended by Public Law 102-266], 105 Stat.
      968 at 106 Stat. 97, approved October 28, 1991; Public Law 108-199
     [Division D of the Consolidated Appropriations Act, 2004; H.R. 2673],
    118 Stat. 3 at 118 Stat. 204, approved January 23, 2003; and Public Law
      109-102 [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved November
                                    14, 2005

      AN ACT To provide for the participation of the United States in the
                            Asian Development Bank.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Asian Development Bank Act''.

                            acceptance of membership

        Sec. 2.\1\ The President is hereby authorized to accept
    membership for the United States in the Asian Development Bank
    (hereinafter referred to as the ``Bank'') provided for by the
    agreement establishing the Bank (hereinafter referred to as the
    ``agreement'') deposited in the archives of the United Nations.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 285.
    ---------------------------------------------------------------------------
        Sec. 3.\2\ (a) The President, by and with the advice and
    consent of the Senate, shall appoint a Governor of the Bank, an
    alternative for the Governor, and a Director of the Bank.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 285a.
    ---------------------------------------------------------------------------
        (b) No person shall be entitled to receive any salary or
    other compensation from the United States for services as a
    Governor or Alternate Governor. The Director may, in the
    discretion of the President, receive such compensation,
    allowances, and other benefits as, together with those received
    by him from the Bank, will equal those authorized for a chief
    of mission under the Foreign Service Act of 1980.\3\
    ---------------------------------------------------------------------------
        \3\ The references to the chief of mission and to the Foreign
    Service Act of 1980 were inserted by sec. 2206(a)(1) of Public Law 96-
    465 (94 Stat. 2160). The references formerly pertained to the Chief of
    Mission, class 2, and to the Foreign Service Act of 1946, respectively.
    ---------------------------------------------------------------------------
        Sec. 4.\4\, \5\ The policies and operations of
    the representatives of the United States on the Bank shall be
    coordinated with other United States policies in such manner as
    the President shall direct.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 285b.
        \5\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(d)(2)
    repealed subsec. (b), which required an annual report to be submitted
    to the Congress by a designee of the President on U.S. participation in
    the Asian Development Bank.
        Sec. 541(f)(3) of that Act also struck out subsec. designation
    ``(a)'' as a technical amendment.
    ---------------------------------------------------------------------------
        (b) \5\ * * *
        Sec. 5.\6\ Unless the Congress by law authorizes such
    action, neither the President nor any person or agency shall,
    on behalf of the United States, (a) subscribe to additional
    shares of stock of the Bank; (b) vote for or agree to any
    amendment of the agreement which increases the obligations of
    the United States, or which would change the purpose of
    functions of the Bank; or (c) make a loan or provide other
    financing to the Bank, except that funds for technical
    assistance not to exceed 1,000,000 in any one year may be
    provided to the Bank by a United States agency created pursuant
    to an Act of Congress which is authorized by law to provide
    funds to international organizations.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 285c. The Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 22 Stat.
    2425), provided the following:
    ---------------------------------------------------------------------------

    ``international financial institutions
    ---------------------------------------------------------------------------

        ``Sec. 560. (a) Authorizations.--The Secretary of the Treasury may,
    to fulfill commitments of the United States: (1) effect the United
    States participation in the first general capital increase of the
    European Bank for Reconstruction and Development, subscribe to and make
    payment for 100,000 additional shares of the capital stock of the Bank
    on behalf of the United States; and (2) contribute on behalf of the
    United States to the eleventh replenishment of the resources of the
    International Development Association, to the sixth replenishment of
    the Asian Development Fund, a special fund of the Asian Development
    Bank. The following amounts are authorized to be appropriated without
    fiscal year limitation for payment by the Secretary of the Treasury:
    (1) $285,772,500 for paid-in capital, and 984,327,500 for callable
    capital of the European Bank for Reconstruction and Development; (2)
    $1,600,000,000 for the International Development Association; (3)
    $400,000,000 for the Asian Development Fund; and (4) $76,832,001 for
    paid-in capital, and $4,511,156,729 for callable capital of the Inter-
    American Development Bank in connection with the eighth general
    increase in the resources of that Bank. Each such subscription or
    contribution shall be subject to obtaining the necessary
    appropriations.''.
         Public Law 105-118 authorized appropriations for the Asian
    Development Fund in the amount of $400 million which was paid in the
    following amounts and Public Laws: fiscal year 1998--$150 million ($50
    million for contributions previously due) (Public Law 105-118); fiscal
    year 1999--$210 million ($187 million for contributions previously due)
    (Public Law 105-277). fiscal year 2000--$77 million (Public Law 106-
    113); and fiscal year 2001--$72 million (Public Law 106-429).
    ---------------------------------------------------------------------------

                                  depositories

        Sec. 6.\7\ Any Federal Reserve bank which is requested to
    do so by the Bank shall act as its depository or as its fiscal
    agent, and the Board of Governors of the Federal Reserve System
    shall supervise and direct the carrying out of these functions
    by the Federal Reserve banks.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 285d.
    ---------------------------------------------------------------------------

                            payment of subscriptions

        Sec. 7.\8\ (a) There is hereby authorized to be
    appropriated, without fiscal year limitation, for the purchase
    of twenty thousand shares of capital stock of the Bank,
    $200,000,000.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 285e.
    ---------------------------------------------------------------------------
        (b) Any payment made to the United States by the Bank as a
    distribution of net income shall be covered into the Treasury
    as a miscellaneous receipt.\9\
    ---------------------------------------------------------------------------
        \9\ Appropriations for U.S. payments authorized in sec. 7 have been
    provided in the following amounts and Public Laws: fiscal year 1966--
    $140 million ($100 million paid-in capital; $40 million callable
    capital) (Public Law 89-426); fiscal year 1969--$20 million callable
    capital (Public Law 90-581); fiscal year 1970--$20 million callable
    capital (Public Law 91-194); fiscal year 1971--$20 million callable
    capital (Public Law 92-18).
    ---------------------------------------------------------------------------

                       jurisdiction and venue of actions

        Sec. 8.\10\ For purpose of any civil action which may be
    brought within the United States, its territories or
    possessions, or the Commonwealth of Puerto Rico, by or against
    the Bank in accordance with the agreement, the Bank shall be
    deemed to be an inhabitant of the Federal judicial district in
    which its principal office or agency in the United States is
    located, and any such action to which the Bank shall be a party
    shall be deemed to arise under the laws of the United States,
    and the district courts of the United States, including the
    courts enumerated in title 28, section 460, United States Code,
    shall have original jurisdiction of any such action. When the
    Bank is defendant in any action in a State court, it may, at
    any time before the trial thereof, remove such action into the
    direct court of the United States for the proper district by
    following the procedure for removal of causes otherwise
    provided by law.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 285f.
    ---------------------------------------------------------------------------

                       status, immunities, and privileges

        Sec. 9.\11\ The agreement, and particularly articles 49
    through 56, shall have full force and effect in the United
    States, its territories and possessions, and the Commonwealth
    of Puerto Rico, upon acceptance of membership by the United
    States in, and the establishment of, the Bank. The President,
    at the time of deposit of the instrument of acceptance of
    membership by the United States in the Bank, shall also deposit
    a declaration that the United States retains for itself and its
    political subdivisions the right to tax salaries and emoluments
    paid by the Bank to its citizens or nationals.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 285g.
    ---------------------------------------------------------------------------

     securities issued by bank as investment securities for national banks

        Sec. 10. The last sentence of paragraph 7 of section 5136
    of the Revised Statutes, as amended (12 U.S.C. 24), is amended
    by striking the word ``or'' after the words ``International
    Bank for Reconstruction and Development'' and inserting a comma
    in lieu thereof, and by inserting after the words ``the Inter-
    American Development Bank'' the words ``or the Asian
    Development Bank''.

       securities issued by bank as exempt securities; report filed with
                       securities and exchange commission

        Sec. 11.\12\ (a) Any securities issued by the Bank
    (including any guarantee by the Bank, whether or not limited in
    scope) in connection with raising of funds for inclusion in the
    Bank's ordinary capital resources as defined in article 7 of
    the agreement and any securities guaranteed by the Bank as to
    both principal and interest to which the commitment in article
    6, section 5, of the agreement is expressly applicable, shall
    be deemed to be exempted securities within the meaning of
    paragraph (a)(2) of section 3 of the Act of May 27, 1933, as
    amended (15 U.S.C. 77c), and paragraph (a)(12) of section 3 of
    the Act of June 6, 1934, as amended (15 U.S.C. 78c). The Bank
    shall file with the Securities and Exchange Commission such
    annual and other reports with regard to such securities as the
    Commission shall determine to be appropriate in view of the
    special character of the Bank and its operations and necessary
    in the public interest or for the protection of investors.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 285h.
    ---------------------------------------------------------------------------
        (b) The Securities and Exchange Commission, acting in
    consultation with such agency or officer as the President shall
    designate, is authorized to suspend the provisions of
    subsection (a) at any time as to any or all securities issued
    or guaranteed by the Bank during the period of such suspension.
    The Commission shall include in its annual reports to Congress
    such information as it shall deem advisable with regard to the
    operations and effect of this section and in connection
    therewith shall include any views submitted for such purpose by
    any association of dealers registered with the Commission.
        Sec. 12.\13\ (a) Subject to the provisions of this Act, the
    United States Governor of the Bank is authorized to enter into
    an agreement with the Bank providing for a United States
    contribution of $100,000,000 to the Bank in two annual
    installments of $60,000,000 and $40,000,000, beginning in
    fiscal year 1972. This contribution is referred to hereinafter
    in this Act as the ``United States Special Resources''.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 285i. Public Law 92-245 (86 Stat. 59) added sec. 12.
    ---------------------------------------------------------------------------
        (b) The United States Special Resources shall be made
    available to the Bank pursuant to the provisions of this Act
    and article 19 of the Articles of Agreement of the Bank, and in
    a manner consistent with the Bank's Special Funds Rules and
    Regulations.
        Sec. 13.\14\ (a) The United States Special Resources shall
    be used to finance specific high priority development projects
    and programs in developing member countries of the Bank with
    emphasis on such projects and programs in the Southeast Asia
    region.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 285j. Public Law 92-245 (86 Stat. 59) added sec. 13.
    ---------------------------------------------------------------------------
        (b) The United States Special Resources shall be used by
    the Bank only for--
              (1) making development loans on terms which may be
            more flexible and bear less heavily on the balance of
            payments than those established by the Bank for its
            ordinary operations; and
              (2) providing technical assistance credits on a
            reimbursable basis.
        (c)(1) The United States Special Resources may be expended
    by the Bank only for procurement in the United States of goods
    produced in, or services supplied from, the United States,
    except that the United States Governor, in consultation with
    the National Advisory Council on International Monetary and
    Financial Policies, may allow eligibility for procurement in
    other member countries from the United States Special Resources
    if he determines that such procurement eligibility would
    materially improve the ability of the Bank to carry out the
    objectives of its special funds resources and would be
    compatible with the international financial position of the
    United States.
        (2) The United States Special Resources may be used to pay
    for administrative expenses arising from the use of the United
    States Special Resources, but only to the extent such expenses
    are not covered from the Bank's service fee or income from use
    of United States Special Resources.
        (d) All financing of programs and projects by the Bank from
    the United States Special Resources shall be repayable to the
    Bank by the borrowers in United States dollars.
        Sec. 14.\15\ (a) The letters of credit provided for in
    section 15 shall be issued to the Bank only to the extent that
    at the time of issuance the cumulative amount of the United
    States Special Resources provided to the Bank (A) constitute a
    minority of all special funds contributions to the Bank, and
    (B) are no greater than the largest cumulative contribution of
    any other single country contributing to the special funds of
    the Bank.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 285k. Public Law 92-245 (86 Stat. 59) added sec. 14.
    ---------------------------------------------------------------------------
        (b) The United States Governor of the Bank shall give due
    regard to the principles of (A) utilizing all special funds
    resources on an equitable basis, and (B) significantly shared
    participation by other contributors in each special fund to
    which United States Special Resources are provided.
        Sec. 15.\16\ The United States Special Resources will be
    provided to the Bank in the form of a nonnegotiable,
    noninterest-bearing, letter of credit which shall be payable to
    the Bank at par value on demand to meet the cost of eligible
    goods and services, and administrative costs authorized
    pursuant to section 13(c) of this Act.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 285l. Public Law 92-245 (86 Stat. 59) added sec. 15.
    ---------------------------------------------------------------------------
        Sec. 16.\17\ The United States shall have the right to
    withdraw all or part of the United States Special Resources and
    any accrued resources derived therefrom under the procedures
    provided for in section 8.03 of the Special Funds Rules and
    Regulations of the Bank.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 285m. Public Law 92-245 (86 Stat. 59) added sec. 16.
    ---------------------------------------------------------------------------
        Sec. 17.\18\ For the purpose of providing United States
    Special Resources to the Bank there is hereby authorized to be
    appropriated $100,000,000 \19\ all of which shall remain
    available until expended.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 285n. Public Law 92-245 (86 Stat. 59) added sec. 17.
        \19\ Sec. 28 of Public Law 93-189 (87 Stat. 732) struck out
    ``$60,000,000 for fiscal year 1972 and $40,000,000 for fiscal year
    1973'' and inserted in lieu thereof ``$100,000,000''.
    ---------------------------------------------------------------------------
        Sec. 18.\20\ The President shall instruct the United States
    Executive Director of the Asian Development Bank to vote
    against any loan or other utilization of the funds of the Bank
    for the benefit of any country which has--
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 285o. Public Law 92-245 (86 Stat. 59) added sec. 18,
    popularly referred to as the Gonzalez amendment.
    ---------------------------------------------------------------------------
              (1) nationalized or expropriated or seized ownership
            or control of property owned by any United States
            citizen or by any corporation, partnership, or
            association not less than 50 per centum of which is
            beneficially owned by United States citizens;
              (2) taken steps to repudiate or nullify existing
            contracts or agreements with any United States citizen
            or any corporation, partnership, or association not
            less than 50 per centum of which is beneficially owned
            by United States citizens; or
              (3) imposed or enforced discriminatory taxes or other
            exactions, or restrictive maintenance or operational
            conditions, or has taken other actions, which have the
            effect of nationalizing expropriating, or otherwise
            seizing ownership or control of property so owned;
    unless the President determines that (A) an arrangement for
    prompt, adequate, and effective compensation has been made, (B)
    the parties have submitted the dispute to arbitration under the
    rules of the Convention for the Settlement of Investment
    Disputes, or (C) good faith negotiations are in progress aimed
    at providing prompt, adequate, and effective compensation under
    the applicable principles of international law.
        Sec. 19.\21\ The Secretary of the Treasury shall instruct
    the United States Executive Director of the Asian Development
    Bank to vote against any loan or other utilization of the funds
    of the Bank for the benefit of any country with respect to
    which the President has made a determination, and so notified
    the Secretary of the Treasury, that the government of such
    country has failed to take adequate steps to prevent narcotic
    drugs and other controlled substances (as defined by the
    Comprehensive Drug Abuse Prevention and Control Act of 1970)
    produced or processed, in whole or in part in such country, or
    transported through such country, from being sold illegally
    within the jurisdiction of such country to United States
    Government personnel or their dependents, or from entering the
    United States unlawfully. Such instruction shall continue in
    effect until the President determines, and so notified the
    Secretary of the Treasury, that the government of such country
    has taken adequate steps to prevent such sale or entry of
    narcotic drugs and other controlled substances.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 285p. Public Law 92-245 (86 Stat. 59) added sec. 19.
    ---------------------------------------------------------------------------
        Sec. 20.\22\ (a) The United States Governor of the Bank is
    authorized to subscribe on behalf of the United States to
    thirty thousand additional shares of the capital stock of the
    Bank in accordance with and subject to the terms and conditions
    of Resolution Numbered 46 adopted by the Bank's Board of
    Governors on November 30, 1971.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 285q. Public Law 93-537 (88 Stat. 1735) added sec.
    20.
    ---------------------------------------------------------------------------
        (b) In order to pay for the increase in the United States
    subscription to the Bank provided for in this section, there is
    hereby authorized to be appropriated without fiscal year
    limitation $361,904,726 for payment by the Secretary of the
    Treasury.\23\
    ---------------------------------------------------------------------------
        \23\ Appropriations for U.S. payments authorized in sec. 20 have
    been provided in the following amounts and Public Laws: fiscal year
    1975--$130.64 million ($24.13 paid in capital) (Public Law 94-11),
    $96.51 non-appropriated callable capital; fiscal year 1976--$120.64
    million ($24.13 paid-in capital; $96.51 callable capital) (Public Law
    94-330); fiscal year 1977--$120.64 million ($24.13 million paid in
    capital; $66.35 callable capital) (Public Law 94-441), $30.16 non-
    appropriated callable capital.
    ---------------------------------------------------------------------------
        Sec. 21.\24\ (a) The United States Governor of the Bank is
    hereby authorized to agree to contribute on behalf of the
    United States $50,000,000 to the special funds of the Bank.
    This contribution shall be made available to the Bank pursuant
    to the provisions of article 19 of the articles of agreement of
    the Bank.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 285r. Public Law 93-537 (88 Stat. 1735) added sec.
    21.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution to
    the special funds, there is hereby authorized to be
    appropriated without fiscal year limitation $50,000,000 for
    payment by the Secretary of the Treasury.
        Sec. 22.\25\ (a) The United States Governor of the Bank is
    authorized to subscribe on behalf of the United States to
    sixty-seven thousand and five hundred additional shares of the
    capital stock of the Bank: Provided, however, That any
    subscription to additional shares shall be effective only to
    such extent or in such amounts as are provided in advance in
    appropriations Acts.\26\
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 285s. Sec. 501 of Public Law 95-118 (91 Stat. 1068)
    added sec. 22.
        \26\ sec. 1353 of Public Law 97-35 (95 Stat. 745) amended and
    restated the proviso clause. It previously read as follows: `'That any
    subscription to additional shares shall be made only after the amount
    required for such subscription has been appropriated.''.
    ---------------------------------------------------------------------------
        (b) In order to pay for the increase in the United States
    subscription to the Bank provided in this section, there are
    hereby authorized to be appropriated without fiscal year
    limitation $814,286,250 for payment by the Secretary of the
    Treasury.\27\
    ---------------------------------------------------------------------------
        \27\ Appropriations for U.S. payments authorized in sec. 22 have
    been provided in the following amounts and Public Laws: fiscal year
    1978--$168 million ($16.8 million paid-in capital; $151.2 million
    callable capital) (Public Law 95-481); fiscal year 1979--$194.5 million
    ($19.5 million paid-in capital; $175 million callable capital) (Public
    Law 95-481); fiscal year 1980--$153.7 million ($15.4 million paid-in
    capital; $138.3 million callable capital) (Public Law 96-123); fiscal
    year 1981--$248.4 million ($24.8 million paid-in capital; $223.4
    million callable capital) (Public Law 96-536); fiscal year 1982--$47.3
    million ($4.7 million paid-in capital; $42.6 million callable capital)
    (Public Law 97-121); fiscal year 1983--$2.4 million ($0.2 million paid-
    in capital; $2.2 million callable capital) (Public Law 97-377).
    ---------------------------------------------------------------------------
        Sec. 23.\28\ (a) The United States Governor of the Bank is
    hereby authorized to contribute on behalf of the United States
    $180,000,000 to the Asian Development Fund, a special fund of
    the Bank: Provided, however, That any commitment to make such
    contribution shall be made subject to obtaining the necessary
    appropriations.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 285t. Sec. 501 of Public Law 95-118 (91 Stat. 1068)
    added sec. 23.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution to
    the Asian Development Fund provided for in this section, there
    are hereby authorized to be appropriated without fiscal year
    limitation
    $180,000,000 for payment by the Secretary of the Treasury:
    Provided, however, That not more than $14,116,177 may be made
    available for such contribution for the fiscal year 1982.\29\
    ---------------------------------------------------------------------------
        \29\ Sec. 1352(c) of Public Law 97-35 (95 Stat. 745) added the
    proviso clause.
        Appropriations for U.S. payments authorized in sec. 23 have been
    provided in the following amounts and Public Laws: fiscal year 1978--
    $49.5 million (Public Law 95-148); fiscal year 1979--$70.5 million
    (Public Law 95-481); fiscal year 1980--$0; fiscal year 1981--$3.5
    million (Public Law 96-536); fiscal year 1982--$7.8 million (Public Law
    97-121); fiscal year 1983--$20.4 million (Public Law 97-377); fiscal
    year 1984--$0; fiscal year 1985--$28.2 million (Public Law 98-473).
    ---------------------------------------------------------------------------
        Sec. 24.\30\ (a) The United States Governor of the Bank is
    authorized to contribute on behalf of the United States
    $378,250,000 to the Asian Development Fund, a special fund of
    the Bank, except that any commitment to make such contribution
    shall be made subject to obtaining the necessary
    appropriations.
    ---------------------------------------------------------------------------
        \30\ 22 U.S.C. 285u. Sec. 201 of Public Law 96-259 (94 Stat. 430)
    added sec. 24.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution to
    the Asian Development Fund provided for in this section, there
    are authorized to be appropriated, without fiscal year
    limitation, $378,250,000 for payment by the Secretary of the
    Treasury: Provided, however, That not more than $111,250,000 of
    such sum may be made available for the fiscal year 1982, and
    not more than $44,500,000 of such sum may be made available for
    the fiscal year 1983.\31\
    ---------------------------------------------------------------------------
        \31\ Sec. 1352(b) of Public Law 97-35 (95 Stat. 744) added the
    proviso clause.
        Appropriations for U.S. payments authorized in sec. 24 have been
    provided in the following amounts and Public Laws: fiscal year 1980--
    $111.3 million (Public Law 96-123); fiscal year 1981--$111.3 million
    (Public Law 96-536); fiscal year 1982--$108.3 million (Public Law 97-
    121); fiscal year 1983--$44.5 million (Public Law 97-377); fiscal year
    1984--$3 million (Public Law 98-151).
    ---------------------------------------------------------------------------
        (c) For the purpose of keeping to a minimum the cost to the
    United States, the Secretary of the Treasury--
              (1) shall pay the United States contribution to the
            Asian Development Fund authorized by this section by
            letter of credit in four annual installments; and
              (2) shall take the steps necessary to obtain a
            certification from the Bank that any undisbursed
            balances resulting from draw-downs on such letter of
            credit will not exceed at any time the United States
            share of expected disbursement requirements for the
            following three-month period.
        Sec. 25.\32\ It is the sense of the Congress that it is the
    policy of the United States that Taiwan (before January 1,
    1979, known as the Republic of China) \33\ shall be permitted
    to retain membership in the Asian Development Bank and that the
    United States Executive Director of the Bank shall notify the
    Bank that a serious review of future United States
    participation, including any future payments to the Asian
    Development Fund, would ensure if Taiwan were expelled from the
    Bank.
    ---------------------------------------------------------------------------
        \32\ 22 U.S.C. 285v. Sec. 501 of Public Law 95-118 (91 Stat. 1068)
    added sec. 25.
        \33\ Sec. 550 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
    Stat. 1673), provided the following regarding Taiwan's designation:
    ---------------------------------------------------------------------------

    ``membership designation in asian development bank
    ---------------------------------------------------------------------------

        ``Sec. 550. It is the sense of the Congress that the United States
    Government should use its influence in the Asian Development Bank to
    secure reconsideration of that institution's decision to designate
    Taiwan (the Republic of China) as `Taipei, China'. It is further the
    sense of the Congress that the Asian Development Bank should resolve
    this dispute in a fashion that is acceptable to Taiwan (the Republic of
    China).''.
        This language was first enacted as sec. 566 of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1988.
    ---------------------------------------------------------------------------
        Sec. 26.\34\ (a) The United States Governor of the Bank is
    authorized to contribute on behalf of the United States
    $66,750,000 to the Asian Development Fund, a special fund of
    the Bank: Provided, however, That any commitment to make such
    contribution shall be made subject to obtaining the necessary
    appropriations.
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 285w. Sec. 1352(a) of Public Law 97-35 (95 Stat.
    744) added sec. 26.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution to
    the Asian Development Fund provided for in this section, there
    is authorized to be appropriated, without fiscal year
    limitation, $66,750,000 for payment by the Secretary of the
    Treasury: Provided, however, That no funds may be made
    available for such contribution for the fiscal year 1982.\35\
    ---------------------------------------------------------------------------
        \35\ Sec. 101(b)(1) of the Further Continuing Appropriations Act,
    1983 (Public Law 97-377), provided $66.75 million during fiscal year
    1983 for this authorization.
    ---------------------------------------------------------------------------
        Sec. 27.\36\ (a)(1) The United States Governor of the Bank
    is authorized to subscribe on behalf of the United States to
    one hundred twenty-three thousand three hundred and seventy-
    five additional shares of the capital stock of the Bank.
    ---------------------------------------------------------------------------
        \36\ 22 U.S.C. 285x. Sec. 1002 of Public Law 98-181 (97 Stat. 1285)
    added sec. 27.
    ---------------------------------------------------------------------------
        (2) Any subscription to the capital stock of the Bank shall
    be effective only to such extent or in such amounts as are
    provided in advance in appropriation Acts.\37\
    ---------------------------------------------------------------------------
        \37\ Appropriations for U.S. payments authorized in sec. 27 have
    been provided in the following amounts and Public Laws: fiscal year
    1984--$264.6 million ($13.2 million paid-in capital; $251.4 million
    callable capital) (Public Law 98-151); fiscal year 1985--$264.6 million
    ($13.2 million paid-in capital; $251.4 million callable capital)
    (Public Law 98-473); fiscal year 1986--$238.1 million ($11.9 million
    paid-in capital; $226.2 million callable capital) (Public Law 99-190),
    reduced by $0.5 million as a result of sequestration (Public Law 99-
    177); fiscal year 1987--$264.6 million ($13.2 million paid-in capital;
    $251.4 million callable capital) (Public Law 99-591); fiscal year
    1988--$291.6 million ($15.1 million paid-in capital; $276.5 million
    callable capital) (Public Law 100-202).
    ---------------------------------------------------------------------------
        (b) In order to pay for the increase in the United States
    subscription to the Bank provided for in subsection (a), there
    are authorized to be appropriated, without fiscal year
    limitation, $1,322,999,476 for payment by the Secretary of the
    Treasury.
        (c)(1) The Congress hereby finds that--
              (A) the Republic of China (Taiwan) is a charter
            member in good standing of the Asian Development Bank;
              (B) the Republic of China has grown from a borrower
            to a lender in the Asian Development Bank; and
              (C) the Republic of China provides, through its
            economic success, a model for other nations in Asia.
        (2) It is the sense of the Congress that--
              (A) Taiwan, Republic of China, should remain a full
            member of the Asian Development Bank, and that its
            status within that body should remain unaltered no
            matter how the issue of the People's Republic of
            China's application for membership is disposed of;
              (B) the President and the Secretary of State should
            express support of Taiwan, Republic of China, making it
            clear that the United States will not countenance
            attempts to expel Taiwan, Republic of China, from the
            Asian Development Bank; and
              (C) the Secretary of the Senate and Clerk of the
            House shall transmit a copy of this resolution to the
            President with the request that he transmit such copy
            to the Board of Governors of the Asian Development
            Bank.
        Sec. 28.\38\ (a)(1) The United States Governor of the Bank
    is authorized to contribute on behalf of the United States
    $520,000,000 to the Asian Development Fund, a special fund of
    the Bank.
    ---------------------------------------------------------------------------
        \38\ 22 U.S.C. 285y. Sec. 1002 of Public Law 98-181 (97 Stat. 1286)
    added sec. 28.
    ---------------------------------------------------------------------------
        (2) Any commitment to make the contribution authorized in
    paragraph (1) shall be made subject to obtaining the necessary
    appropriations.
        (b) In order to pay for the United States contribution to
    the Asian Development Fund provided for in this section, there
    are authorized to be appropriated, without fiscal year
    limitation, $520,000,000 for payment by the Secretary of the
    Treasury.\39\
    ---------------------------------------------------------------------------
        \39\ Appropriations for U.S. payments authorized in sec. 28 for the
    Third Replenishment (ADF IV), have been provided in the following
    amounts and Public Laws: fiscal year 1984--$97 million (Public Law 98-
    151); fiscal year 1985--$100.0 million (Public Law 98-473); fiscal year
    1985 supplemental--$63 million (Public Law 99-88); fiscal year 1986--
    $100 million (Public Law 99-190), reduced by $4.3 million in
    sequestration (Public Law 99-177) ; fiscal year 1987--$91.4 million
    (Public Law 99-591); fiscal year 1988--$28 million (Public Law 100-
    202); fiscal year 1989--$44.8 million (Public Law 100-461).
    ---------------------------------------------------------------------------
        Sec. 29.\40\ (a) The United States Governor of the Bank is
    authorized to contribute on behalf of the United States
    $584,280,000 to the Asian Development Fund, a special fund of
    the Bank, except that any commitment to make such contributions
    shall be made subject to obtaining the necessary
    appropriations.
    ---------------------------------------------------------------------------
        \40\ 22 U.S.C. 285z. Sec. 29, authorizing a Fourth ADF
    Replenishment (ADF V), was added by sec. 201 of H.R. 3750, as reported
    by the House Committee on Banking, Finance and Urban Affairs, on
    December 11, 1987, and enacted into law by reference in Title I of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations,
    1988, Public Law 100-202; 101 Stat. 1329 at 1329-134).
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution
    provided for in subsection (a), there are authorized to be
    appropriated, without fiscal year limitation, $584,280,000 for
    payment by the Secretary of the Treasury.\41\
    ---------------------------------------------------------------------------
        \41\ Appropriations for U.S. payments authorized in sec. 29 have
    been provided in the following amounts and Public Laws: fiscal year
    1989--$107.5 million (Public Law 100-461); fiscal year 1990--$177.2
    million (Public Law 101-167), reduced by $2.2 million in sequestration
    (Public Law 101-239); fiscal year 1991--$126.9 million (Public Law 101-
    513), reduced by $2.4 million in sequestration (Public Law 101-508),
    $2.4 million restored (Public Law 102-27); fiscal year 1992--$124.9
    million (Public Law 102-145, as amended by Public Law 102-266); fiscal
    year 1993--$49.98 million (Public Law 102-391).
        The fiscal year 1993 appropriations further required: ``That prior
    to obligating any of the funds appropriated under this heading for the
    Asian Development Fund, the Secretary of the Treasury shall submit a
    certification to the Committee on Appropriations that none of such
    funds will be made available for China.''.
    ---------------------------------------------------------------------------

    SEC. 30.\42\ CAPITAL INCREASE.

        (a) Subscription Authorized.--(1) The United States
    Governor of the Bank may subscribe on behalf of the United
    States to 35,230 additional shares of the capital stock of the
    Bank. (2) Any subscription by the United States to the capital
    stock of the Bank shall be effective only to such extent or in
    such amounts as are provided in advance in appropriations Acts.
    ---------------------------------------------------------------------------
        \42\ 22 U.S.C. 285aa. Sec. 30 was added by sec. 125(b) of the
    Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-
    145, as amended by Public Law 102-266; 106 Stat. 97).
    ---------------------------------------------------------------------------
        (b) Limitations on Authorization of Appropriations.--In
    order to pay for the increase in the United States subscription
    to the Bank provided for in subsection (a), there are
    authorized to be appropriated, without fiscal year limitation,
    $213,000,000 for payment by the Secretary of the Treasury.\43\
    ---------------------------------------------------------------------------
        \43\ Appropriations for U.S. payments authorized in sec. 30 have
    been provided in the following amounts and Public Laws: fiscal year
    1992--$0; fiscal year 1993--$316.53 million ($38.01 million paid-in
    capital; 278.52 million callable capital) (Public Law 102-391); fiscal
    year 1994--$108.46 million ($13.03 million paid-in capital; $95.44
    callable capital) (Public Law 103-87).
    ---------------------------------------------------------------------------

    SEC. 31.\44\ ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.

        (a) Contribution Authority.--
              (1) In general.--The United States Governor of the
            Bank may contribute on behalf of the United States an
            amount equal to the amount appropriated under
            subsection (b), pursuant to the resolution of the Bank
            entitled ``Seventh Replenishment of the Asian
            Development Fund.
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 285bb. Sec. 582 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations, Fiscal Year 2004
    (division D of Public Law 108-199; 118 Stat. 204), added sec. 31.
    ---------------------------------------------------------------------------
              (2) Subject to appropriations.--Any commitment to
            make the contribution authorized by paragraph (1) shall
            be effective only to such extent or in such amounts as
            are provided in advance in appropriations Acts.
        (b) Limitations on Authorization of Appropriations.--For
    the contribution authorized by subsection (a), there are
    authorized to be appropriated such sums as may be necessary for
    payment by the Secretary of the Treasury, without fiscal year
    limitation.\45\
    ---------------------------------------------------------------------------
        \45\ Appropriations for U.S. payments authorized in sec. 31 have
    been provided in the following amounts and Public Laws: fiscal year
    2002--$98 million (Public Law 107-155; fiscal year 2003--$97.886
    million, rescission--minus $0.636 million (Public Law 108-007); fiscal
    year 2004--$144.421 million, rescission--minus $0.852 million (Public
    Law 108-119; fiscal year 2005--$100 million, rescission--minus $0.800
    million (Public Law 108-447; fiscal year 2006--$100 million,
    rescission--minus $1 million (Public Law 109-102).
    ---------------------------------------------------------------------------

    SEC. 32.\46\ EIGHTH REPLENISHMENT.

        (a) The United States Governor of the Bank is authorized to
    contribute on behalf of the United States $461,000,000 to the
    eighth replenishment of the resources of the Fund, subject to
    obtaining the necessary appropriations.
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 285cc. Sec. 599C(c) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations, Fiscal Year 2006
    (Public Law 109-102; 119 Stat. 2243), added sec. 32.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution
    provided for in subsection (a), there are authorized to be
    appropriated, without fiscal year limitation, $461,000,000 for
    payment by the Secretary of the Treasury.

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (H.R.
                                                                   ``authorization requirement                           ``Sec. 526. Funds appropriated by Title I through V of this Act may be obligated and expended
                              notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic
                              Authorities Act of 1956: Provided, That the Secretary of the Treasury is authorized to agree on behalf
                              of the United States to participate in the tenth replenishment of the resources of the International
                              Development Association, the fifth replenishment of the Asian Development Fund, and the replenishment
                              of the permanent Global Environment Facility, subject to obtaining the necessary appropriations:''.
                               Appropriations for U.S. payments to participate in the Asian Development Fund sixth replenishment
                              have been provided in the following amounts and Public Laws: fiscal year 1993--$12.523 million (Public
                              Law 102-391); fiscal year 1994--$62.5 million (Public Law 103-87); fiscal year 1995--$167.96 million
                              (Public Law 103-306); fiscal year 1996--$100 million (Public Law 104-107); fiscal year 1997--$100
                              million (Public Law 104-208); fiscal year 1998--$50 million (Public Law 105-118); fiscal year 1999--
                              $187 million (Public Law 105-227); fiscal year 2002--$17 million (Public Law 107-115).--------------------------------------------------------------------------------------------------------------------------------------------------------

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (H.R.
                                                                     ``asian development bank                           ``Sec. 568. The Secretary of the Treasury may, to fulfill commitments of the United States, subscribe
                              to and make payments for shares of the Asian Development Bank in connection with the fourth general
                              capital increase of the Bank. The amount authorized to be appropriated for paid-in shares of the Bank
                              is limited to $66,614,647; the amount authorized to be appropriated for payment for callable shares of
                              the Bank is limited to $3,264,178,021. The amount to be paid in respect of each subscription is
                              authorized to be appropriated without fiscal year limitation. Any subscription by the United States to
                              the capital stock of the Bank shall be effective only to such extent or in such amounts as are
                              provided in advance in appropriations Acts.''.
                               Appropriations for U.S. payments to participate in the fourth general capital increase have been
                              provided in the following amounts and Public Laws: fiscal year 1996--$661.08 million ($13.22 paid-in
                              capital; $647.86 callable capital) (Public Law 104-107); fiscal year 1997--$661.08 million ($13.22
                              paid-in capital; $647.86 callable capital) (Public Law 104-208); fiscal year 1998--$661.08 million
                              ($13.22 million paid-in capital, $647.86 callable capital) (Public Law 105-118); fiscal year 1999--
                              $661.08 million ($13.22 million paid-in capital, $647.86 callable capital) (Public Law 105-277);
                              fiscal year 2000--$661.08 million ($13.73 million paid-in capital, $672.75 callable capital) (Public
                              Law 106-113).--------------------------------------------------------------------------------------------------------------------------------------------------------

                        d. African Development Bank Act

      Partial text of Public Law 97-35 [H.R. 3982], 95 Stat. 357 at 741,
    approved August 13, 1981; as amended by Public Law 100-202 [Continuing
    Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December
    22, 1987; Public Law 101-240 [International Development and Finance Act
     of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989; and
     Public Law 101-513 [Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved
                                November 5, 1990

      AN ACT To provide for reconciliation pursuant to section 301 of the
      first concurrent resolution on the budget for the fiscal year 1982.

              * * * * * * *

                       TITLE XIII--INTERNATIONAL AFFAIRS

              * * * * * * *

                  Subtitle B--International Development Banks

              * * * * * * *

                        PART 3--AFRICAN DEVELOPMENT BANK

                                  short title

        Sec. 1331. This part may be cited as the ``African
    Development Bank Act''.

                            acceptance of membership

        Sec. 1332.\1\ The President is hereby authorized to accept
    membership for the United States in the African Development
    Bank (hereinafter in this part referred to as the ``Bank'')
    provided for by the agreement establishing the Bank
    (hereinafter in this part referred to as the ``agreement'')
    deposited in the archives of the United Nations.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 290i.
    ---------------------------------------------------------------------------

                        governor and alternate governor

        Sec. 1333.\2\ (a) The President, by and with the advice and
    consent of the Senate, shall appoint a Governor, an Alternate
    Governor, and a Director \3\ of the Bank. The term of office
    for the Governor and the Alternate Governor shall be five
    years, subject at any time to termination of appointment or to
    reappointment. The Governor and Alternate Governor shall remain
    in office until a successor has been appointed.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 290i-1.
        \3\ Sec. 562(b)(3) of Public Law 101-513 (104 Stat. 2034) struck
    out ``Governor and an Alternate Governor'' and inserted in lieu thereof
    ``Governor, an Alternate Governor, and a Director''.
    ---------------------------------------------------------------------------
        (b) No person shall be entitled to receive any salary or
    other compensation from the United States for services as a
    Governor or Alternate Governor, except for reasonable expenses
    to attend meetings of the Board of Governors.
        (c) The Governor, or in the Governor's absence the
    Alternate Governor, on the instructions of the President,\4\
    shall cast the votes of the United States for the Director to
    represent the United States in the Bank.
    ---------------------------------------------------------------------------
        \4\ Sec. 3 of Executive Order 12403 (Feb. 8, 1983; 48 F.R. 6087)
    delegated this authority vested in the President to the Secretary of
    the Treasury.
    ---------------------------------------------------------------------------

                   director or alternate director; allowances

        Sec. 1334.\5\ The Director or Alternate Director
    representing the United States, if citizens of the United
    States, may, in the discretion of the President,\4\ receive
    such compensation, allowances, and other benefits as, together
    with those received from the Bank and from the African
    Development fund, may not exceed those authorized for a chief
    of mission under the Foreign Service Act of 1980.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 290i-2.
    ---------------------------------------------------------------------------

                 applicability of bretton woods agreements act

        Sec. 1335.\6\ The provisions of section 4 of the Bretton
    Woods Agreements Act (22 U.S.C. 286b) shall apply with respect
    to the Bank to the same extent as with respect to the
    International Bank for Reconstruction and Development and the
    International Monetary Fund.\7\
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 290i-3.
        \7\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(e)(7)
    struck out the last sentence of this section which read: ``Reports with
    respect to the Bank under paragraphs (5) and (6) of section 4 of that
    Act shall be included in the first and subsequent reports made
    thereunder after the United States accepts membership in the Bank.''.
    ---------------------------------------------------------------------------

                                  restrictions

        Sec. 1336.\8\ (a) Unless authorized by law, neither the
    President, nor any person or agency, shall, on behalf of the
    United States--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 290i-4. As enrolled; the section does not include a
    subsec. (b).
    ---------------------------------------------------------------------------
              (1) subscribe to additional shares of stock of the
            Bank;
              (2) vote for or agree to any amendment of the
            agreement which increases the obligations of the United
            States, or which changes the purpose or functions of
            the Bank; or
              (3) make a loan or provide other financing to the
            Bank, except that funds for technical assistance may be
            provided to the Bank by a United States agency created
            pursuant to an Act of Congress which is authorized by
            law to provide funds to international organizations.

                     federal reserve banks as depositories

        Sec. 1337.\9\ Any Federal Reserve bank which is requested
    to do so by the Bank shall act as its depository or as its
    fiscal agent, and the Board of Governors of the Federal Reserve
    System shall supervise and direct the carrying out of these
    functions by the Federal Reserve banks.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 290i-5.
    ---------------------------------------------------------------------------

                             subscription of stock

        Sec. 1338.\10\ (a) The President \4\ is authorized to agree
    to subscribe on behalf of the United States to twenty-nine
    thousand eight hundred and twenty shares of the capital stock
    of the Bank: Provided, however, That the subscription shall be
    effective only to such extent or in such amounts as are
    provided in advance in appropriations Acts.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 290i-6.
    ---------------------------------------------------------------------------
        (b) There is authorized to be appropriated, without fiscal
    year limitation, for payment by the Secretary of the Treasury
    of the initial United States subscription to twenty-nine
    thousand eight hundred and twenty shares of the capital stock
    of the Bank, $359,733,570: Provided, however, That not more
    than $17,986,679 of such sum may be available for paid in
    subscriptions to the Bank for each of the fiscal years 1982,
    1983, and 1984.\11\
    ---------------------------------------------------------------------------
        \11\ Appropriations for U.S. payments authorized in sec. 1338 have
    been provided in the following amounts and Public Laws: fiscal year
    1981--$72 million ($18 million paid-in capital; $54 million callable
    capital) (Public Law 97-12); fiscal year 1982--$0; fiscal year 1983--
    $0; fiscal year 1984--$72 million ($18 million paid-in capital; $54
    million callable capital) (Public Law 98-151); fiscal year 1985--$72
    million ($18 million paid-in capital; $54 million callable capital)
    (Public Law 98-473); fiscal year 1986--$64.8 million ($16.2 million
    paid-in capital; $48.6 million callable capital) (Public Law 99-190),
    reduced by $0.7 million as a result of sequestration (Public Law 99-
    177); fiscal year 1987--$55.9 million ($13.9 million paid-in capital;
    $41.9 million callable capital) (Public Law 99-591); fiscal year 1987
    supplemental--$23.9 million ($6.5 million paid-in capital; $17.4
    million callable capital) (Public Law 100-71).
    ---------------------------------------------------------------------------
        (c) Any payment or distributions of moneys from the Bank to
    the United States shall be covered into the Treasury as a
    miscellaneous receipt.

                      jurisdiction of united states courts

        Sec. 1339.\12\ For the purposes of any civil action which
    may be brought within the United States, its territories or
    possessions, or the Commonwealth of Puerto Rico, by or against
    the Bank in accordance with the agreement, the Bank shall be
    deemed to be an inhabitant of the Federal judicial district in
    which its principal office within the United States or its
    agent appointed for the purpose of accepting service or notice
    of service is located, and any such action to which the Bank
    shall be a party shall be deemed to arise under the laws of the
    United States, and the district courts of the United States,
    including the courts enumerated in section 460 of title 28,
    United States Code, shall have original jurisdiction of any
    such action. When the Bank is defendant in any action in a
    State court, it may at any time before the trial thereof remove
    the action into the appropriate district court of the United
    States by following the procedure for removal provided in
    section 1446 of title 28, United States Code.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 290i-7.
    ---------------------------------------------------------------------------

                           effectiveness of agreement

        Sec. 1340.\13\ Paragraph 5 of article 49, articles 50
    through 59, and the other provisions of the agreement shall
    have full force and effect in the United States, its
    territories and possessions, and the Commonwealth of Puerto
    Rico, upon acceptance of membership by the United States in the
    Bank. The President, at the time of deposit of the instrument
    of acceptance of membership by the United States in the Bank,
    shall also deposit a declaration as provided in article 64,
    paragraph 3, of the agreement that the United States retains
    for itself and its political subdivisions the right to tax
    salaries and emoluments paid by the Bank to United States
    citizens or nationals.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 290i-8.
    ---------------------------------------------------------------------------

                         securities issued by the bank

        Sec. 1341.\14\ (a) Any securities issued by the Bank
    (including any guarantee by the Bank, whether or not limited in
    scope) in connection with the raising of funds for inclusion in
    the Bank's ordinary capital resources as defined in article 9
    of the agreement and any securities guaranteed by the Bank as
    to both principal and interest to which the commitment in
    article 7, paragraph 4(a), of the agreement is expressly
    applicable, shall be deemed to be exempted securities within
    the meaning of section 3(a)(2) of the Securities Act of 1933
    (15 U.S.C. 77c) and section 3(a)(12) of the Securities Exchange
    Act of 1934 (15 U.S.C. 78c). The Bank shall file with the
    Securities and Exchange Commission such annual and other
    reports with regard to such securities as the Commission shall
    determine to be appropriate in view of the special character of
    the Bank and its operations as necessary in the public interest
    or for the protection of investors.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 290i-9.
    ---------------------------------------------------------------------------
        (b) The Securities and Exchange Commission, acting in
    consultation with such agency or officer as the President shall
    designate,\4\ is authorized to suspend the provisions of
    subsection (a) at any time as to any or all securities issued
    or guaranteed by the Bank during the period of such suspension.
    The Commission shall include in its annual reports to Congress
    such information as it shall deem advisable with regard to the
    operations and effect of this section and in connection
    therewith shall include any views submitted for such purpose by
    any association of dealers registered with the Commission.

                              technical amendments

        Sec. 1342. (a) The seventh sentence of paragraph 7 of
    section 5136 of the Revised Statutes of the United States (12
    U.S.C. 24) is amended by striking out ``or'' after ``the Inter-
    American Development Bank'' and inserting in lieu thereof a
    comma, and by inserting ``or the African Development Bank''
    after ``the Asian Development Bank''.
        (b) * * *
        (c) * * *
        (d) Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) is
    amended by striking out ``and'' after ``the Asian Development
    Bank,'' and inserting ``and the African Development Bank,''
    after ``the African Development Fund,''.
        Sec. 1343.\15\ (a) The United States Governor of the Bank
    is authorized to agree to subscribe on behalf of the United
    States to fifty-nine thousand, six hundred and thirty-two
    shares of the capital stock of the Bank, except that the
    subscription shall be effective only to such extent or in such
    amounts as are provided in advance in appropriations Acts.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 290i-10. Sec. 1343 was added by title I of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations,
    1988; Public Law 100-202; 101 Stat. 1329-134), which enacted into law
    the amendment made by sec. 301 of H.R. 3750, as introduced by the House
    Committee on Banking, Finance and Urban Affairs, on December 11, 1987.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States subscription
    authorized in subsection (a), there are authorized to be
    appropriated, without fiscal year limitation, $719,370,633, for
    payment by the Secretary of the Treasury.\16\
    ---------------------------------------------------------------------------
        \16\ Appropriations for the U.S. share of the fourth general
    capital increase as authorized in sec. 1343 have been made in the
    following amounts and Public Laws: fiscal year 1988--$143.9 million ($9
    million paid-in capital; $134.9 million callable capital) (Public Law
    100-202); fiscal year 1989--$142 million ($7.3 million paid-in capital;
    $135.1 million callable capital) (Public Law 100-461); fiscal year
    1990--$144.4 million ($9.6 million paid-in capital; $134.2 million
    callable capital) (Public Law 101-167), reduced by $0.11 million as a
    result of sequestration (Public Law 101-239); fiscal year 1991--$145.5
    million ($10.1 million paid-in capital; $135.4 million callable
    capital), reduced by $0.19 million as a result of sequestration (Public
    Law 101-508), $0.19 restored (Public Law 102-27); fiscal year 1992--
    $141.7 million ($8.85 million paid-in capital; $132.8 million callable
    capital) (Public Law 102-145, as amended by Public Law 102-266); fiscal
    year 1993--$0; fiscal year 1994--$0; fiscal year 1995--$2.1 million
    ($133,000 paid-in capital, $2.0 million callable capital) (Public Law
    103-306).
        Sec. 594 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in
    sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-122), provided
    the following:
    ---------------------------------------------------------------------------

    ``Authorizations
    ---------------------------------------------------------------------------

        ``Sec. 594. The Secretary of the Treasury may, to fulfill
    commitments of the United States (1) effect the United States
    participation in the fifth general capital increase of the African
    Development Bank * * * . The following amounts are authorized to be
    appropriated without fiscal year limitation for payment by the
    Secretary of the Treasury: $40,847,011 for paid-in capital, and
    $639,932,485 for callable capital, of the African Development Bank; * *
    * .''.
        Appropriations for the increase were made in the following amounts
    and Public Laws: fiscal year 2000--$68.1 million ($4.1 million paid-in
    capital, $64 million callable capital) (Public Law 106-113); fiscal
    year 2001--$103.6 million ($6.1 million paid-in capital, rescission--
    minus $0.013 million; $97.5 million callable capital) (Public Law 106-
    429); fiscal year 2002--$85 million ($5.1 million paid-in capital,
    $79.992 million callable capital) (Public Law 107-115); fiscal year
    2003--$84.7 million ($5.104 million paid-in capital, rescission--minus
    $0.033 million, $79.603 million callable capital) (Public Law 108-7);
    fiscal year 2004--$84.2 million ($5.105 million paid-in capital,
    resicssion--minus $0.030 million, $79.14 million callable capital)
    (Public Law 108-199); fiscal year 2005--$83.6 million ($4.1 million
    paid-in capital, rescission--minus $0.030 million; $79.533 million
    callable capital) (Public Law 108-447); fiscal year 2006--$92 million
    ($3.638 million paid-in capital, $88.334 million callable capital)
    (Public Law 109-102).
                  e. African Development Fund Act, as amended

     Partial text of Public Law 94-302 [H.R. 9721], 90 Stat. 591, approved
      May 31, 1976; as amended by Public Law 95-118 [H.R. 5262], 91 Stat.
    1067 at 1069, approved October 3, 1977; Public Law 96-259 [S. 662], 94
    Stat. 429 at 430, approved June 3, 1980; Public Law 96-465 [H.R. 6790],
      94 Stat. 2071 at 2161, approved October 17, 1980; Public Law 98-181
     [Supplemental Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at
    1286, approved November 30, 1983; Public Law 99-190 [Further Continuing
    Appropriations, 1986; H.J. Res. 465], 99 Stat. 1294, approved December
    19, 1985; H.R. 4645 as enacted into law by Public Law 100-461 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
    101-240 [International Development and Finance Act of 1989; H.R. 2494],
    103 Stat. 2492, approved December 19, 1989; Public Law 102-145 [Further
    Continuing Appropriations, Fiscal Year 1992; H.J. Res. 360, as amended
    by Public Law 102-266], 105 Stat. 968 at 106 Stat. 98, approved October
         28, 1991; Public Law 108-199 [Division D of the Consolidated
      Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 at 118 Stat. 204,
    approved January 23, 2003; and Public Law 109-102 [Foreign Operations,
     Export Financing, and Related Programs Appropriations Act, 2006; H.R.
               3057], 119 Stat. 2172, approved November 14, 2005

     AN ACT To provide for increased participation by the United States in
       the Inter-American Development Bank, to provide for the entry of
     nonregional members and the Bahamas and Guyana in the Inter-American
    Development Bank, to provide for the participation of the United States
            in the African Development Fund, and for other purposes.

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

              * * * * * * *

                       TITLE II--AFRICAN DEVELOPMENT FUND

        Sec. 201. This title may be cited as the ``African
    Development Fund Act''.
        Sec. 202.\1\ The President is hereby authorized to accept
    participation for the United States in the African Development
    Fund (hereinafter referred to as the ``Fund'') provided for by
    the agreement establishing the Fund (hereinafter referred to as
    the ``agreement'') deposited in the archives of the United
    Nations.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 290g.
    ---------------------------------------------------------------------------
        Sec. 203.\2\ (a) The President by and with the advice and
    consent of the Senate, shall appoint a Governor, and an
    Alternate Governor, of the Fund.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 290g-1.
    ---------------------------------------------------------------------------
        (b) The Governor, or in his absence the Alternate Governor,
    on the instructions of the President, shall cast the votes of
    the United States for the Director to represent the United
    States in the Fund. The Director representing the United States
    and his Alternate, if they are citizens of the United States,
    may, in the discretion of the President, receive such
    compensation, allowances, and other benefits not exceeding
    those authorized for a chief of mission, under the Foreign
    Service Act of 1980.\3\
    ---------------------------------------------------------------------------
        \3\ The references to the chief of mission and to the Foreign
    Service Act of 1980 were inserted by Public Law 96-465 (94 Stat. 2161).
    These references formerly pertained to the Chief of Mission, class 2,
    and to the Foreign Service Act of 1946, respectively.
    ---------------------------------------------------------------------------
        Sec. 204.\4\ The provisions of section 4 of the Bretton
    Woods Agreements Act, as amended (22 U.S.C. 286b), shall apply
    with respect to the Fund to the same extent as with respect to
    the International Bank for Reconstruction and Development and
    the International Monetary Fund.\5\
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 290g-2.
        \5\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(e)(6)
    struck out the last sentence of this section, which read: ``Reports
    with respect to the Fund under paragraphs (5) and (6) of subsection 4
    of said Act, as amended, shall be included in the first report made
    thereunder after the United States accepts participation in the
    Fund.''.
    ---------------------------------------------------------------------------
        Sec. 205.\6\ Unless Congress by law authorizes such action,
    neither the President nor any person or agency, shall, on
    behalf of the United States:
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 290g-3.
    ---------------------------------------------------------------------------
              (a) agree to an increase in the subscription of the
            United States to the Fund;
              (b) vote for or agree to any amendment of the
            agreement which increases the obligations of the United
            States, or which would change the purpose of functions
            of the Fund; or
              (c) make a loan or provide other financing to the
            Fund, except that funds for technical assistance may be
            provided to the Fund by a United States agency created
            pursuant to an Act of Congress which is authorized by
            law to provide funds to international organizations.
        Sec. 206.\7\ (a) There is hereby authorized to be
    appropriated without fiscal year limitation, as the United
    States subscription, $25,000,000 to be paid by the Secretary of
    the Treasury to the Fund in three annual installments of
    $9,000,000, $8,000,000, and $8,000,000.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 290g-4.
    ---------------------------------------------------------------------------
        (b) Any repayment or distribution of moneys from the Fund
    to the United States shall be covered into the Treasury as a
    miscellaneous receipt.
        Sec. 207.\8\ Any Federal Reserve bank which is requested to
    do so by the President shall act as a depository for the Fund,
    and the Board of Governors of the Federal Reserve System shall
    supervise and direct the carrying out of these functions by the
    Federal Reserve banks.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 290g-5.
    ---------------------------------------------------------------------------
        Sec. 208.\9\ For the purpose of any civil action which may
    be brought within the United States, its territories or
    possessions, or the Commonwealth of Puerto Rico, by or against
    the Fund in accordance with the agreement, the Fund shall be
    deemed to be an inhabitant of the Federal judicial district in
    which its principal office or agency appointed for the purpose
    of accepting service or notice of service is located, and any
    such action to which the Fund shall be party shall be deemed to
    arise under the laws of the United States, and the district
    courts of the United States (including the courts enumerated in
    title 28, section 460, United States Code) shall have original
    jurisdiction of any such action. When the Fund is defendant in
    any action in a State court, it may, at any time before the
    trial thereof, remove any such action into the district court
    of the United States for the proper district by following the
    procedure for removal of causes otherwise provided by law.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 290g-6.
    ---------------------------------------------------------------------------
        Sec. 209.\10\ The agreement, including without limitation
    articles 41 through 50, shall have full force and effect in the
    United States, its territories and possessions, and the
    Commonwealth of Puerto Rico, upon the acceptance of
    participation by the United States in, and the entry into force
    of, the Fund. The President, at the time of deposit of the
    instrument of acceptance of participation of the United States
    in the Fund, shall also deposit a declaration that the United
    States retains for itself and its political subdivisions the
    right to tax salaries and emoluments paid by the Fund to its
    citizens or nationals and may deposit a declaration providing
    for reservations on other matters set forth in article 58.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 290g-7.
    ---------------------------------------------------------------------------
        Sec. 210.\11\ The President shall instruct the United
    States Governor of the Fund to cause the Executive Director
    representing the United States in the Fund to cast the votes of
    the United States against any loan or other utilization of the
    funds of the Fund for the benefit of any country which has--
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 290g-8.
    ---------------------------------------------------------------------------
              (1) nationalized or expropriated or seized ownership
            or control of property owned by any United States
            citizen or by any corporation, partnership, or
            association not less than 50 per centum of which is
            beneficially owned by United States citizens;
              (2) taken steps repudiate or nullify existing
            contracts or agreements with any United States citizen
            or any corporation, partnership, or association not
            less than 50 per centum of which is beneficially owned
            by United States citizens; or
              (3) imposed or enforced discriminatory taxes or other
            exactions, or restrictive maintenance or operational
            conditions, or has taken other actions, which have the
            effect of nationalizing, expropriating, or otherwise
            seizing ownership or control of property so owned;

    unless the President determines that (A) an arrangement for
    prompt, adequate, and effective compensation has been made, (B)
    the parties have submitted the dispute to arbitration under the
    rules of the Convention for the Settlement of Investment
    Disputes,\12\ or (C) good faith negotiations are in progress
    aimed at providing prompt, adequate, and effective compensation
    under the applicable principles of international law.
    ---------------------------------------------------------------------------
        \12\ See Legislation on Foreign Relations, vol. V, for text.
    ---------------------------------------------------------------------------
        Sec. 211.\13\ (a) The United States Governor is hereby
    authorized to contribute on behalf of the United States
    $50,000,000 to the African Development Fund, which would
    represent an additional United States contribution to the first
    replenishment. The Secretary of the Treasury is directed to
    begin discussions with other donor nations to the African
    Development Fund for the purpose of setting amounts and of
    reviewing and possibly changing the voting structure within the
    Fund. Provided, however, That any commitment to make such
    contribution shall be made subject to obtaining the necessary
    appropriations.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 290g-10. This section, added as sec. 212 by sec. 601
    of Public Law 95-118 (91 Stat. 1069), was redesignated as sec. 211 by
    sec. 301(1) of Public Law 96-259 (94 Stat. 430). The original sec. 211,
    which directed the U.S. Governor of the Fund to vote against any loans
    or assistance to any country engaging in violations of human rights,
    was repealed by sec. 702 of Public Law 95-118 (91 Stat. 1070). For
    references to the African Development Fund and human rights, see title
    VII of Public Law 95-118.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution to
    the African Development Fund provided for in this section there
    are authorized to be appropriated without fiscal year
    limitation $50,000,000 for payment by the Secretary of the
    Treasury.\14\
    ---------------------------------------------------------------------------
        \14\ Appropriations for U.S. payment authorized in sec. 211 (AFDF
    I) were provided in the following amount and Public Law: fiscal year
    1979--$25 million (Public Law 95-481).
    ---------------------------------------------------------------------------
        Sec. 212.\15\ (a) The United States Governor of the Fund is
    authorized to contribute on behalf of the United States
    $125,000,000 to the Fund as the United States contribution to
    the second replenishment of the resources of the Fund, except
    that any commitment to make such contribution shall be made
    subject to obtaining the necessary appropriations.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 290g-11. Sec. 301(2) of Public Law 96-259 (94 Stat.
    430) added sec. 212.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution
    provided for in this section, there is authorized to be
    appropriated, without fiscal year limitation, $125,000,000 for
    payment by the Secretary of the Treasury.\16\
    ---------------------------------------------------------------------------
        \16\ Appropriations for U.S. payments authorized in sec. 212 (AFDF
    II) were provided in the following amounts and Public Laws: fiscal year
    1980--$25 million (Public Law 96-123); fiscal year 1981--$41.7 million
    (Public Law 96-536); fiscal year 1982--$58.3 million (Public Law 97-
    121).
    ---------------------------------------------------------------------------
        (c) For the purpose of keeping to a minimum the cost of the
    United States, the Secretary of the Treasury--
              (1) shall pay the United States contribution to the
            African Development Fund authorized by this section by
            letter of credit in three annual installments; and
              (2) shall take the steps necessary to obtain a
            certification from the Fund that any undisbursed
            balances resulting from drawdowns on such letter of
            credit will not exceed at any time the United States
            share of expected disbursement requirements for the
            following three-month period.
        Sec. 213.\17\ (a)(1) The United States Governor of the Fund
    is authorized to contribute on behalf of the United States
    $150,000,000 to the Fund as the United States contribution to
    the third replenishment of the resources of the Fund.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 290g-12. Sec. 1003 of Public Law 98-181 (97 Stat.
    1286) added sec. 213.
    ---------------------------------------------------------------------------
        (2) Any commitment to make the contribution authorized in
    paragraph (1) shall be made subject to obtaining the necessary
    appropriations.
        (b) In order to pay for the United States contribution
    provided for in this section, there are authorized to be
    appropriated, without fiscal year limitation, $150,000,000 for
    payment by the Secretary of the Treasury.\18\
    ---------------------------------------------------------------------------
        \18\ Appropriations for U.S. payments authorized in sec. 213 (AFDF
    III) were provided in the following amounts and Public Laws: fiscal
    year 1983--$50 million (Public Law 97-377); fiscal year 1984--$50
    million (Public Law 98-151); fiscal year 1985--$50 million (Public Law
    98-473).
    ---------------------------------------------------------------------------

                           united states contribution

        Sec. 214.\19\ (a)(1) The United States Governor of the Fund
    is authorized to contribute $225,000,000 to the fourth
    replenishment of the resources of the Fund.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 290g-13. sec. 201 of the Multilateral Development
    Bank Act of 1985 (H.R. 2253, enacted by reference in sec. 101(i) of the
    Further Continuing Appropriations, 1986; Public Law 99-190; 99 Stat.
    1294) added sec. 214.
    ---------------------------------------------------------------------------
        (2) Any commitment to make the contribution authorized in
    paragraph (1) shall be made subject to obtaining the necessary
    appropriations.
        (b) In order to pay for the United States contribution
    provided for in this section, there are authorized to be
    appropriated, without fiscal year limitation, $225,000,000 for
    payment by the Secretary of the Treasury.\20\
    ---------------------------------------------------------------------------
        \20\ Appropriations for U.S. payments authorized in sec. 214 (AFDF
    IV) were provided in the following amounts and Public Laws: fiscal year
    1986--$62.2 million (Public Law 99-190), reduced by $2.7 million as a
    result of sequestration (Public Law 99-177); fiscal year 1987--$53.8
    million (Public Law 99-591); fiscal year 1987 supplemental--$36.6
    million (Public Law 100-71); fiscal year 1988--$75 million (Public Law
    100-202).
    ---------------------------------------------------------------------------

    SEC. 215.\21\ FIFTH REPLENISHMENT.

        (a) Contribution Authorized.--The United States Governor of
    the Fund is authorized to contribute $315,000,000 to the fifth
    replenishment of the resources of the Fund, except that such
    authority shall be effective only to such extent or in such
    amounts as are provided in advance in appropriations Acts.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 290g-14. Sec. 2 of H.R. 4645, as enacted into law by
    sec. 555 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268),
    added sec. 215.
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations.--In order to pay for
    the United States contribution provided for in this section,
    there are authorized to be appropriated, without fiscal year
    limitation, $315,000,000 for payment by the Secretary of the
    Treasury.\22\
    ---------------------------------------------------------------------------
        \22\ Appropriations for U.S. payments authorized in sec. 215 (AFDF
    V) for the fifth replenishment of the African Development Fund was
    provided in the following amounts and Public Laws: fiscal year 1989--
    $105 million (Public Law 100-461); fiscal year 1990--$104.5 million
    (Public Law 101-167); fiscal year 1991--$105.5 million (Public Law 101-
    513), reduced by $2 million as a result of sequestration (Public Law
    101-508), further reduced by $2 million as a result of sequestration
    (Public Law 102-27).
    ---------------------------------------------------------------------------

    SEC. 216.\23\ SIXTH REPLENISHMENT.

        (a) Contribution Authorized.--The United States Governor of
    the Fund is authorized to contribute $405,000,000 to the sixth
    replenishment of the resources of the Fund, except that such
    authority shall be effective only to such extent or in such
    amounts as are provided in advance in appropriations Acts.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 290g-15. Sec. 125(c) of the Further Continuing
    Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended by
    Public Law 102-266), added sec. 216.
    ---------------------------------------------------------------------------
        (b) Limitations on Authorization of Appropriations.--In
    order to pay for the United States contribution provided for in
    this section, there are authorized to be appropriated, without
    fiscal year limitation, $135,000,000 for payment by the
    Secretary of the Treasury.\24\
    ---------------------------------------------------------------------------
        \24\ Appropriations for U.S. payments authorized in sec. 216 (AFDF
    VI) for the sixth replenishment of the African Development Fund was
    provided in the following amounts and Public Laws: fiscal year 1992--
    $103.9 million (Public Law 102-145, as amended by Public Law 102-266);
    fiscal year 1993--$103.9 million (Public Law 102-391); fiscal year
    1994--$135 million (Public Law 103-87); fiscal year 1995--$124,229
    million, rescission--minus $62.015 million (Public Law 103-306.
    ---------------------------------------------------------------------------

    SEC. 217.\25\ NINTH REPLENISHMENT.

        (a) Contribution Authority.--
              (1) In general.--The United States Governor of the
            Fund may contribute on behalf of the United States an
            amount equal to the amount appropriated under
            subsection (b), pursuant to the resolution of the Fund
            entitled ``The Ninth General Replenishment of Resources
            of the African Development Fund.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 290g-16. Sec. 583 of the Foreign Operations
    Appropriations, Export Financing, and Related Programs Appropriations,
    2004 (Division D of Public Law 108-199; 118 Stat. 204), added sec. 217.
    ---------------------------------------------------------------------------
              (2) Subject to appropriations.--Any commitment to
            make the contribution authorized by paragraph (1) shall
            be effective only to such extent or in such amounts as
            are provided in advance in appropriations Acts.
        (b) Limitations on Authorization of Appropriations.--For
    the contribution authorized by subsection (a), there are
    authorized to be appropriated such sums as may be necessary for
    payment by the Secretary of the Treasury, without fiscal year
    limitation.\26\
    ---------------------------------------------------------------------------
        \26\ Appropriations for U.S. payments authorized in sec. 217 (AFDF
    IX) for the ninth replenishment of the African Development Fund were
    provided in the following amounts and Public Laws: fiscal year 2003--
    $108.073 million, rescission--minus $0.702 million (Public Law 108-7;
    fiscal year 2004--$112,725 million, rescission--minus $0.665 million
    (Public Law 108-199); fiscal year 2005--$106 million, rescission--minus
    $0.85 million (Public Law 108-447); fiscal year 2006--$135.7 million
    (Public Law 109-102).
    ---------------------------------------------------------------------------

    SEC. 218.\27\ TENTH REPLENISHMENT.

        (a) The United States Governor of the Fund is authorized to
    contribute on behalf of the United States $407,000,000 to the
    tenth replenishment of the resources of the Fund, subject to
    obtaining the necessary appropriations.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 290g-17. Sec. 599C(b) of the Foreign Operations
    Appropriations, Export Financing, and Related Programs Appropriations,
    2006 (Public Law 109-102; 119 Stat. 2243), added sec. 218.
    ---------------------------------------------------------------------------
        (b) In order to pay for the United States contribution
    provided for in subsection (a), there are authorized to be
    appropriated, without fiscal year limitation, $407,000,000 for
    payment by the Secretary of the Treasury.

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Sec. 526(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations                           ``(c) The Secretary of the Treasury may, to fulfill commitments of the United States, * * * (2)
                              contribute to * * * the African Development Fund in connection with the seventh general replenishment
                              of its resources, * * *. The amount to be paid in respect of each such contribution or subscription is
                              authorized to be appropriated without fiscal year limitation. Each such subscription or contribution
                              shall be effective only to such extent or in such amounts as are provided in advance in appropriations
                              Acts.''.                           Appropriations for U.S. payments to participate in the seventh general replenishment have been
                              provided in the following amounts and Public Laws: fiscal year 1998--$45 million (Public Law 105-118);
                              fiscal year 1999--$128 million (Public Law 105-277); fiscal year 1999 rescission--$1 million (Public
                              Law 106-113).--------------------------------------------------------------------------------------------------------------------------------------------------------

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Sec. 594 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000
                                                                         ``Authorizations                           ``Sec. 594. The Secretary of The Treasury may, to fulfill commitments of the United States: (1) * * *
                              ; and (2) contribute on behalf of the United States to the eighth replenishment of the resources of
                              the African Development Fund * * * . The following amounts are authorized to be appropriated without
                              fiscal year limitation for payment by the Secretary of the Treasury: * * * $300,000,000 for the
                              African Development Fund * * * ''.
                               Appropriations for U.S. participation in the eighth replenishment were made in the following amounts
                              and Public Laws: fiscal year 2000--$127 million (Public Law 106-113); fiscal year 2001--$100 million,
                              rescission--minus $0.22 million (Public Law 106-429); fiscal year 2002--$100 million (Public Law 107-
                              155).--------------------------------------------------------------------------------------------------------------------------------------------------------

            f. European Bank for Reconstruction and Development Act

         Sec. 562(c) of Public Law 101-513 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1991; H.R. 5114],
               104 Stat. 1979 at 2034, approved November 5, 1990

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1991, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1991, and for other purposes, namely:
              * * * * * * *

                             general authorizations

      Sec. 562. General Authorizations.--
              * * * * * * *

                        international banking provisions

              * * * * * * *
      (c) European Bank for Reconstruction and Development.--
              (1) \1\ Short title.--This subsection may be cited as
            the ``European Bank for Reconstruction and Development
            Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 290l note.
    ---------------------------------------------------------------------------
              (2) \2\ Acceptance of membership.--The President is
            hereby authorized to accept membership for the United
            States in the European Bank for Reconstruction and
            Development (in this subsection referred to as the
            ``Bank'') provided for by the agreement establishing
            the Bank (in this subsection referred to as the
            ``Agreement''), signed on May 29, 1990.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 290l.
    ---------------------------------------------------------------------------
              (3) \3\ Governor and alternate governor.--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 290l-1.
    ---------------------------------------------------------------------------
                      (A) Appointment.--The President, by and with
                    the advice and consent of the Senate, shall
                    appoint a Governor of the Bank, an alternate
                    for the Governor, and a Director of the Bank.
                      (B) Compensation.--Any person who serves as a
                    Governor of the Bank or as an alternate for the
                    Governor may not receive any salary or other
                    compensation from the United States by reason
                    of such service.
              (4) \4\ Applicability of certain provisions of the
            bretton woods agreements act.--Section 4 of the Bretton
            Woods Agreements Act shall apply to the Bank in the
            same manner in which such section applies to the
            International Bank for Reconstruction and Development
            and the International Monetary Fund.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 290l-2.
    ---------------------------------------------------------------------------
              (5) \5\ Federal reserve banks as depositories.--Any
            Federal Reserve Bank which is requested to do so by the
            Bank may act as its depository, or as its fiscal agent,
            and the Board of Governors of the Federal Reserve
            System shall exercise general supervision over the
            carrying out of these functions.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 290l-3.
    ---------------------------------------------------------------------------
              (6) \6\ Subscription of stock.--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 290l-4.
        The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1998 (Public Law 105-118, 22 Stat. 2425), provided
    for participation in the eleventh replenishment, as follows:
    ---------------------------------------------------------------------------

    ``international financial institutions
    ---------------------------------------------------------------------------

        ``Sec. 560. (a) Authorizations.--The Secretary of the Treasury may,
    to fulfill commitments of the United States: (1) effect the United
    States participation in the first general capital increase of the
    European Bank for Reconstruction and Development, subscribe to and make
    payment for 100,000 additional shares of the capital stock of the Bank
    on behalf of the United States; * * * . The following amounts are
    authorized to be appropriated without fiscal year limitation for
    payment by the Secretary of the Treasury: (1) $285,772,500 for paid-in
    capital, and $984,327,500 for callable capital of the European Bank for
    Reconstruction and Development; * * *. Each such subscription or
    contribution shall be subject to obtaining the necessary
    appropriations.''.
        Appropriations for the U.S. contribution have been provided in the
    following amounts and Public Laws: fiscal year 1998--$159 million
    ($35.8 million paid-in capital, $123.2 million callable capital)
    (Public Law 105-118); fiscal year 1999--$159 million ($35.8 million
    paid-in capital, $123.2 million callable capital) (Public Law 105-277);
    fiscal year 2000--$159 million ($35.8 million paid-in capital, $123.2
    million callable capital) (Public Law 106-113); fiscal year 2001--
    $158.9 million ($35.8 million paid-in capital, $123.2 million callable
    capital minus fiscal year 2000 recission--$0.79 million) (Public Law
    106-429); fiscal year 2002--$159 million ($35.8 million paid-in
    capital, $123.2 million callable capital) (Public Law 107-115); fiscal
    year 2003--$159.1 million ($35.8 million paid-in capital, $123.3
    million callable capital, rescission--minus $0.233 million) (Public Law
    108-7); fiscal year 2004--$156.7 million ($35.4 million paid-in
    capital, rescission--minus $0.209 million, $121.4 million callable
    capital) (Public Law 108-199); fiscal year 2005--$157.4 million ($35.4
    million paid-in capital, rescission--minus $0.283 million, $122 million
    callable capital) (Public Law 108-447); fiscal year 2006--$3.3 million
    ($1.016 million paid-in capital, $2.25 million callable capital)
    (Public Law 109-102).
    ---------------------------------------------------------------------------
                      (A) Subscription authority.--
                              (i) In general.--The Secretary of the
                            Treasury may subscribe on behalf of the
                            United States to 100,000 shares of the
                            capital stock of the Bank.
                              (ii) Effectiveness of subscription
                            commitment.--Any commitment to make
                            such subscription shall be effective
                            only to such extent or in such amounts
                            as are provided for in advance by
                            appropriations Acts.
                      (B) Limitations on authorization of
                    appropriations.--For payment by the Secretary
                    of the Treasury of the subscription of the
                    United States for shares described in
                    subparagraph (A), there are authorized to be
                    appropriated $1,167,010,000 without fiscal year
                    limitation.\7\
    ---------------------------------------------------------------------------
        \7\ Appropriations for U.S. subscription authorized in para. (6)
    were provided in the following amounts and Public Laws: fiscal year
    1991--$233.4 million ($70 million paid-in capital, $163.38 callable
    capital) (Public Law 101-513), reduced by $1.3 million as a result of
    sequestration (Public Law 101-508), $1.3 million restored (Public Law
    102-27); fiscal year 1992--$230 million ($68.99 million paid-in
    capital, $160.97 callable capital) (Public Law 102-145, as amended by
    Public Law 102-266); fiscal year 1993--$200 million ($60 million paid
    in capital, $140 million callable capital) (Public Law 102-391); fiscal
    year 1994--$0; fiscal year 1995--$230.6 million ($69.18 million paid-in
    capital; $161.42 million callable capital) (Public Law 103-306); fiscal
    year 1996--$233.33 million ($70 million paid-in capital; $163.33
    callable capital) (Public Law 104-107); fiscal year 1997--$39.73
    million ($11.92 million paid-in capital; $27.81 million callable
    capital) (Public Law 104-208).
        Sec. 579 of Public Law 101-513 (104 Stat. 2045), as continued by
    Public Law 102-145, as amended, further provided the following:
    ---------------------------------------------------------------------------

    ``withholding of obligations for the european bank for reconstruction and
    development
    ---------------------------------------------------------------------------

        ``Sec. 579. (a) None of the funds made available by this Act for
    the European Bank for Reconstruction and Development may be obligated
    until the President reaches an agreement or agreements, as necessary,
    with the Polish Government or with other creditors, the authority to
    enter into which he is hereby granted notwithstanding any other
    provision of law, which accurately reflect the real collectability of
    the debts of the Polish Government to the Government of the United
    States and which adjusts the amount of debt and debt service payable by
    the Polish Government to the Government of the United States
    accordingly, subject to the following conditions:
    ---------------------------------------------------------------------------

      ``(1) an International Monetary Fund agreement is in effect with respect
    to Poland, and it is clear that it is the intent of the Polish Government
    to continue full implementation of that program, and

      ``(2) the recent historic change of the Polish Government into a
    democracy has been maintained, and

      ``(3) the Polish Government is seeking comparable treatment of both
    public and private external debt.
    ---------------------------------------------------------------------------

        ``(b) If the President determines that, in order to substantially
    increase the probability of other creditor governments and commercial
    bankers taking actions adjusting or restructuring their Polish debt to
    reflect its real collectability, it is best for the United States to
    use the authority contained in subsection (a), then the President may
    exercise the authority of subsection (a) unilaterally.
        ``(c) Funds may be obligated notwithstanding subsection (a) subject
    to the regular notification procedures of the Committees on
    Appropriations.''.
    ---------------------------------------------------------------------------
                      (C) Disposition of net income distributions
                    by the bank.--Any payment made to the United
                    States by the Bank as a distribution of net
                    income shall be covered into the Treasury as a
                    miscellaneous receipt.
              (7) \8\ Jurisdiction and venue of civil actions by or
            against the bank.--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 290l-5.
    ---------------------------------------------------------------------------
                      (A) Jurisdiction.--The United States district
                    courts shall have original and exclusive
                    jurisdiction of any civil action brought in the
                    United States by or against the Bank.
                      (B) Venue.--For purposes of section 1391(b)
                    of title 28, United States Code, the Bank shall
                    be deemed to be a resident of the judicial
                    district in which the principal office of the
                    Bank in the United States, or its agent
                    appointed for the purpose of accepting service
                    or notice of service, is located.
              (8) \9\ Effectiveness of agreement.--The Agreement
            shall have full force and effect in the United States,
            its territories and possessions, and the Commonwealth
            of Puerto Rico, upon acceptance of membership by the
            United States in the Bank and the entry into force of
            the Agreement.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 290l-6.
    ---------------------------------------------------------------------------
              (9) \10\ Exemption from securities laws for certain
            securities issued by the bank; reports required.--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 290l-7.
    ---------------------------------------------------------------------------
                      (A) Exemption from securities laws; reports
                    to securities and exchange commission.--Any
                    securities issued by the Bank (including any
                    guaranty by the Bank, whether or not limited in
                    scope) in connection with the raising of funds
                    for inclusion in the Bank's ordinary capital
                    resources as defined in article 7 of the
                    Agreement and any securities guaranteed by the
                    Bank as to both principal and interest to which
                    the commitment in article 6, paragraph 4, of
                    the Agreement is expressly applicable, shall be
                    deemed to be exempted securities within the
                    meaning of section 3(a)(2) of the Securities
                    Act of 1933 and section 3(a)(12) of the
                    Securities Exchange Act of 1934. The Bank shall
                    file with the Securities and Exchange
                    Commission such annual and other reports with
                    regard to such securities as the Commission
                    shall determine to be appropriate in view of
                    the special character of the Bank and its
                    operations and necessary in the public interest
                    or for the protection of investors.
                      (B) Authority of securities and exchange
                    commission to suspend exemption; reports to the
                    congress.--The Securities and Exchange
                    Commission, acting in consultation with such
                    agency or officer as the President shall
                    designate, may suspend the provisions of
                    subparagraph (A) at any time as to any or all
                    securities issued or guaranteed by the Bank
                    during the period of such suspension. The
                    Commission shall include in its annual reports
                    to the Congress such information as it shall
                    deem advisable with regard to the operations
                    and effect of this paragraph.
              (10) Technical amendments.--
                      (A) Annual report required on participation
                    of the united states in the bank.--Section
                    1701(c)(2) of the International Financial
                    Institutions Act (22 U.S.C. 262r(c)(2)) is
                    amended by inserting ``European Bank for
                    Reconstruction and Development,'' before
                    ``International Development Association,''.
                      (B) Exemption from limitations and
                    restrictions on power of national banking
                    associations to deal in and underwrite
                    investment securities of the bank.--The 7th
                    sentence of paragraph 7 of section 5136 of the
                    Revised Statutes of the United States (12
                    U.S.C. 24) is amended by inserting ``the
                    European Bank for Reconstruction and
                    Development,'' before ``the Inter-American
                    Development Bank,''.
                      (C) Benefits for united states citizen-
                    representatives to the bank.--Section 51 of the
                    Act entitled ``An Act to authorize United
                    States participation in increases in the
                    resources of certain international financial
                    institutions, to provide for an annual audit of
                    the Exchange Stabilization Fund by the General
                    Accounting Office, and for other purposes.''
                    (Public Law 91-599; 22 U.S.C. 276c-2) is
                    amended by inserting ``the European Bank for
                    Reconstruction and Development,'' before ``the
                    Inter-American Development Bank,''.
              (11) \11\ Congressional consultations.--During
            negotiations on the establishment of operational
            guidelines for the Bank, the Secretary of the Treasury
            shall--
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 290l-8. Sec. 584 of Public Law 101-513 (104 Stat.
    2046; 22 U.S.C. 290l-8 note), as continued by Public Law 102-145, as
    amended, provided:
    ---------------------------------------------------------------------------

    ``european bank for reconstruction and development
    ---------------------------------------------------------------------------

        ``Sec. 584. In all negotiations concerning the structure, bylaws,
    and operating procedures of the European Bank for Reconstruction and
    Development (EBRD), the Secretary of the Treasury shall vigorously
    seek--
    ---------------------------------------------------------------------------

      ``(1) establishment of procedures for environmental assessment of all
    proposed operations with potentially significant environmental impacts;

      ``(2) establishment of an environmental unit with sufficient staff to
    review proposed operations, monitor compliance with environmental
    provisions, and provide overall policy guidance;

      ``(3) establishment of procedures for systematic consultation with and
    involvement of the public and interested nongovernmental organizations,
    including an opportunity for comment by local communities which may be
    affected by EBRD operations and establishment of a system of public
    notification and comment during the development of EBRD policies and
    operating procedures; and

      ``(4) agreement that a significant portion of the EBRD's funds shall be
    devoted to projects focused on environmental restoration and protection.''.

                      (A) consult on a regular and timely basis
                    with the Committee on Banking, Finance and
                    Urban Affairs \12\ and the Committee on
                    Appropriations of the House of Representatives,
                    and the Committee on Foreign Relations and the
                    Committee on Appropriations of the Senate;
    ---------------------------------------------------------------------------
        \12\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------
                      (B) seek to ensure that procedures and
                    mechanisms are established, including the
                    creation of specific departments or staffs
                    within the Bank, which will allow the Bank to
                    assess the impact of any loans, guarantees, or
                    other activities on the environment and on
                    internationally recognized human rights in
                    borrower countries; and
                      (C) report, through consultation within 90
                    days after the date of the enactment of this
                    Act, to the Committees specified in
                    subparagraph (A) on the progress of efforts to
                    create such procedures and mechanisms.
                       g. North American Development Bank

                    (1) North American Development Bank Act

    Partial text of Public Law 103-182 [North American Free Trade Agreement
     Implementation Act; H.R. 3450], 107 Stat. 2057, approved December 8,
       1993; as amended by Public Law 108-215 [H.R. 254], 118 Stat. 579,
                             approved April 5, 2004

          AN ACT To implement the North American Free Trade Agreement.

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

     TITLE V--NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE AND OTHER PROVISIONS

              * * * * * * *

          Subtitle D--Implementation of NAFTA Supplemental Agreements

              * * * * * * *

         part 2--north american development bank and related provisions

    SEC. 541.\1\ NORTH AMERICAN DEVELOPMENT BANK.

        (a) Acceptance of Membership.--The President is hereby
    authorized to accept membership for the United States in the
    North American Development Bank (hereafter in this part
    referred to as the ``Bank'') provided for in Chapter II of the
    Border Environment Cooperation Agreement (hereafter in this
    part referred to as the ``Cooperation Agreement'').
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 290m. See also Executive Order 12916 (May 13, 1994;
    59 F.R. 25779), implementing the agreement between the United States
    and Mexico to establish the North American Development Bank.
    ---------------------------------------------------------------------------
        (b) Subscription of Stock.--
              (1) Subscription authority.--
                      (A) In general.--The Secretary of the
                    Treasury may subscribe on behalf of the United
                    States up to 150,000 shares of the capital
                    stock of the Bank.
                      (B) Effectiveness of subscription.--Except as
                    provided in paragraph (3), any such
                    subscription shall be effective only to such
                    extent or in such amounts as are provided in
                    advance in appropriations Acts.
              (2) Limitations on authorization of appropriations.--
            For payment by the Secretary of the Treasury of the
            subscription of the United States for shares described
            in paragraph (1), there are authorized to be
            appropriated $1,500,000,000 ($225,000,000 of which may
            be used for paid-in capital and $1,275,000,000 of which
            may be used for callable capital) without fiscal year
            limitation.\2\
    ---------------------------------------------------------------------------
        \2\ Appropriations for the U.S. subscription were provided in the
    following amounts and Public Laws: fiscal year 1995--$375 million
    ($56.25 million paid-in capital; $318.75 callable capital) (Public Law
    103-182); fiscal year 1996--$375 million ($56.25 million paid-in
    capital; $318.75 million callable capital) (Public Law 104-107); fiscal
    year 1997--$375 million ($56.0 million paid-in capital; $318.75 million
    callable capital) (Public Law 104-208), fiscal year 1998--$375 million
    ($56.5 million paid-in capital; $318.75 callable capital) (Public Law
    105-118).
    ---------------------------------------------------------------------------
              (3) Funding; limitation on callable capital
            subscriptions.--
                      (A) Funding.--For fiscal year 1995, the
                    Secretary of the Treasury shall pay to the Bank
                    out of any sums in the Treasury not otherwise
                    appropriated the sum of $56,250,000 for the
                    paid-in portion of the United States share of
                    the capital stock of the Bank, 10 percent of
                    which may be transferred by the Bank to the
                    President pursuant to section 543 to pay for
                    the cost of direct and guaranteed Federal
                    loans.
                      (B) Limitation on callable capital
                    subscriptions.--For fiscal year 1995, the
                    Secretary of the Treasury shall subscribe to
                    the callable capital portion of the United
                    States share of the capital stock of the Bank
                    in an amount not to exceed $318,750,000.
              (4) Disposition of net income distributed by the
            facility.--Any payment made to the United States by the
            Bank as a distribution of net income shall be covered
            into the Treasury as a miscellaneous receipt.
        (c) Compensation of Board Members.--No person shall be
    entitled to receive any salary or other compensation from the
    Bank or the United States for services as a Board member.
        (d) Applicability of Bretton Woods Agreements Act.--The
    provisions of section 4 of the Bretton Woods Agreements Act
    shall apply with respect to the Bank to the same extent as with
    respect to the International Bank for Reconstruction and
    Development and the International Monetary Fund.
        (e) Restrictions.--Unless authorized by law, neither the
    President nor any person or agency shall, on behalf of the
    United States--
              (1) subscribe to additional shares of stock of the
            Bank;
              (2) vote for or agree to any amendment of the
            Cooperation Agreement which increases the obligations
            of the United States, or which changes the purpose or
            functions of the Bank; or
              (3) make a loan or provide other financing to the
            Bank.
        (f) Federal Reserve Banks as Depositories.--Any Federal
    Reserve bank that is requested to do so by the Bank shall act
    as its depository or as its fiscal agent, and the Board of
    Governors of the Federal Reserve System shall supervise and
    direct the carrying out of these functions by the Federal
    Reserve banks.
        (g) Jurisdiction of United States Courts and Enforcement of
    Arbitral Awards.--For the purpose of any civil action which may
    be brought within the United States, its territories or
    possessions, or the Commonwealth of Puerto Rico, by or against
    the Bank in accordance with the Cooperation Agreement,
    including an action brought to enforce an arbitral award
    against the Bank, the Bank shall be deemed to be an inhabitant
    of the Federal judicial district in which its principal office
    within the United States or its agency appointed for the
    purpose of accepting service or notice of service is located,
    and any such action to which the Bank shall be a party shall be
    deemed to arise under the laws of the United States, and the
    district courts of the United States, including the courts
    enumerated in section 460 of title 28, United States Code,
    shall have original jurisdiction of any such action. When the
    Bank is a defendant in any action in a State court, it may at
    any time before trial remove the action into the appropriate
    district court of the United States by following the procedure
    for removal provided in section 1446 of title 28, United States
    Code.
        (h) Exemption From Securities Laws for Certain Securities
    Issued by the Bank; Reports Required.--
              (1) Exemptions from limitations and restrictions on
            the power of national banking associations to deal in
            and underwrite investment securities of the bank.--The
            seventh sentence of the seventh undesignated paragraph
            of section 5136 of the Revised Statutes of the United
            States (12 U.S.C. 24), is amended by inserting ``the
            North American Development Bank,'' after ``Inter-
            American Development Bank,''.
              (2) Exemption from securities laws for certain
            securities issued by the bank; reports required.--Any
            securities issued by the Bank (including any guarantee
            by the Bank, whether or not limited in scope) in
            connection with the raising of funds for inclusion in
            the Bank's capital resources as defined in Section 4 of
            Article II of Chapter II of the Cooperation Agreement,
            and any securities guaranteed by the Bank as to both
            the principal and interest to which the commitment in
            Section 3(d) of Article II of Chapter II of the
            Cooperation Agreement is expressly applicable, shall be
            deemed to be exempted securities within the meaning of
            section 3(a)(2) of the Securities Act of 1933 (15
            U.S.C. 77c), and section 3(a)(12) of the Securities
            Exchange Act of 1934 (15 U.S.C. 78c). The Bank shall
            file with the Securities and Exchange Commission such
            annual and other reports with regard to such securities
            as the Commission shall determine to be appropriate in
            view of the special character of the Bank and its
            operations and necessary in the public interest or for
            the protection of investors.
              (3) Authority of securities and exchange commission
            to suspend exemption; reports to the congress.--The
            Securities and Exchange Commission, acting in
            consultation with the National Advisory Council on
            International Monetary and Financial Problems, is
            authorized to suspend the provisions of paragraph (2)
            at any time as to any or all securities issued or
            guaranteed by the Bank during the period of such
            suspension. The Commission shall include in its annual
            reports to Congress such information as it shall deem
            advisable with regard to the operations and effect of
            this subsection and in connection therewith shall
            include any views submitted for such purpose by any
            association of dealers registered with the Commission.

    SEC. 542.\3\ STATUS, IMMUNITIES, AND PRIVILEGES.

        Article VIII of Chapter II of the Cooperation Agreement
    shall have full force and effect in the United States, its
    territories and possessions, and the Commonwealth of Puerto
    Rico, upon entry into force of the Cooperation Agreement.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 290m-1.
    ---------------------------------------------------------------------------

    SEC. 543.\4\ COMMUNITY ADJUSTMENT AND INVESTMENT PROGRAM.

        (a) The President.--(1) The President may enter into an
    agreement with the Bank that facilitates implementation by the
    President of a program for community adjustment and investment
    in support of the Agreement pursuant to chapter II of the
    Cooperation Agreement (hereafter in this section referred to as
    the ``community adjustment and investment program'').
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 290m-2.
    ---------------------------------------------------------------------------
        (2) The President may receive from the Bank 10 percent of
    the paid-in capital actually paid to the Bank by the United
    States for the President to carry out, without further
    appropriations, through Federal agencies and their loan and
    loan guarantee programs, the community adjustment and
    investment program, pursuant to an agreement between the
    President and the Bank.
        (3) The President may select one or more Federal agencies
    that make loans or guarantee the repayment of loans to assist
    in carrying out the community adjustment and investment
    program, and may transfer the funds received from the Bank to
    such agency or agencies for the purpose of assisting in
    carrying out the community adjustment and investment program.
        (4)(A) Each Federal agency selected by the President to
    assist in carrying out the community adjustment and investment
    program shall use the funds transferred to it by the President
    from the Bank to pay for the costs of direct and guaranteed
    loans, as defined in section 502 of the Congressional Budget
    Act of 1974, and, as appropriate, other costs associated with
    such loans, all subject to the restrictions and limitations
    that apply to such agency's existing loan or loan guarantee
    program.
        (B) Funds transferred to an agency under subparagraph (A)
    shall be in addition to the amount of funds authorized in any
    appropriations Act to be expended by that agency for its loan
    or loan guarantee program.
        (5) The President shall--
              (A) establish guidelines for the loans and loan
            guarantees to be made under the community adjustment
            and investment program;
              (B) endorse the grants made by the Bank for the
            community adjustment and investment program, as
            provided in Article I, section 1(b), and Article III,
            section 11(a), of Chapter II of the Cooperation
            Agreement; and
              (C) endorse any loans or guarantees made by the Bank
            for the community adjustment and investment program, as
            provided in Article I, section 1(b), and Article III,
            section 6 (a) and (c) of Chapter II of the Cooperation
            Agreement.
        (b) Advisory Committee.--
              (1) Establishment.--The President shall establish an
            advisory committee to be known as the Community
            Adjustment and Investment Program Advisory Committee
            (in this section referred to as the ``Advisory
            Committee'') in accordance with the provisions of the
            Federal Advisory Committee Act.
              (2) Membership.--
                      (A) In general.--The Advisory Committee shall
                    consist of 9 members of the public, appointed
                    by the President, who, collectively,
                    represent--
                              (i) community groups whose
                            constituencies include low-income
                            families;
                              (ii) any scientific, professional,
                            business, nonprofit, or public interest
                            organization or association which is
                            neither affiliated with, nor under the
                            direction of, a government;
                              (iii) for-profit business interests;
                            and
                              (iv) other appropriate entities with
                            relevant expertise.
                      (B) Representation.--Each of the categories
                    described in clauses (i) through (iv) of
                    subparagraph (A) shall be represented by no
                    fewer than 1 and no more than 3 members of the
                    Advisory Committee.
              (3) Function.--It shall be the function of the
            Advisory Committee--
                      (A) to provide advice to the President
                    regarding the implementation of the community
                    adjustment and investment program, including
                    advice on the guidelines to be established by
                    the President for the loans and loan guarantees
                    to be made pursuant to subsection (a)(4),
                    advice on identifying the needs for adjustment
                    assistance and investment in support of the
                    goals and objectives of the Agreement, taking
                    into account economic and geographic
                    considerations, and advice on such other
                    matters as may be requested by the President;
                    and
                      (B) to review on a regular basis the
                    operation of the community adjustment and
                    investment program and provide the President
                    with the conclusions of its review.
              (4) Terms of members.--
                      (A) In general.--Each member of the Advisory
                    Committee shall serve at the pleasure of the
                    President.
                      (B) Chairperson.--The President shall appoint
                    a chairperson from among the members of the
                    Advisory Committee.
                      (C) Meetings.--The Advisory Committee shall
                    meet at least annually and at such other times
                    as requested by the President or the
                    chairperson. A majority of the members of the
                    Advisory Committee shall constitute a quorum.
                      (D) Reimbursement for expenses.--The members
                    of the Advisory Committee may receive
                    reimbursement for travel, per diem, and other
                    necessary expenses incurred in the performance
                    of their duties, in accordance with the Federal
                    Advisory Committee Act.
                      (E) Staff and facilities.--The Advisory
                    Committee may utilize the facilities and
                    services of employees of any Federal agency
                    without cost to the Advisory Committee, and any
                    such agency is authorized to provide services
                    as requested by the Committee.
        (c) Ombudsman.--The President shall appoint an ombudsman to
    provide the public with an opportunity to participate in the
    carrying out of the community adjustment and investment
    program.
              (1) Function.--It shall be the function of the
            ombudsman--
                      (A) to establish procedures for receiving
                    comments from the general public on the
                    operation of the community adjustment and
                    investment program, to receive such comments,
                    and to provide the President with summaries of
                    the public comments; and
                      (B) to perform an independent inspection and
                    programmatic audit of the operation of the
                    community adjustment and investment program and
                    to provide the President with the conclusions
                    of its investigation and audit.
              (2) Authorization of appropriations.--There are
            authorized to be appropriated to the President, or such
            agency as the President may designate, $25,000 for
            fiscal year 1995 and for each fiscal year thereafter,
            for the costs of the ombudsman.
        (d) Reporting Requirement.--The President shall submit to
    the appropriate congressional committees an annual report on
    the community adjustment and investment program (if any) that
    is carried out pursuant to this section. Each report shall
    state the amount of the loans made or guaranteed during the 12-
    month period ending on the day before the date of the report.

    SEC. 544.\5\ DEFINITION.

        For purposes of this part, the term ``Border Environment
    Cooperation Agreement'' (referred to in this part as the
    ``Cooperation Agreement'') means the November 1993 Agreement
    Between the Government of the United States of America and the
    Government of the United Mexican States Concerning the
    Establishment of a Border Environment Cooperation Commission
    and a North American Development Bank.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 290m-3.
    ---------------------------------------------------------------------------

    SEC. 545.\6\ AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER
                        ENVIRONMENT COOPERATION AGREEMENT.

        The President may agree to amendments to the Cooperation
    Agreement that--
              (1) enable the Bank to make grants and nonmarket rate
            loans out of its paid-in capital resources with the
            approval of its Board; and
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 290m-4. Sec. 1(a) of Public Law 108-215 (118 Stat.
    579) added sec. 545.
    ---------------------------------------------------------------------------
              (2) amend the definition of ``border region'' to
            include the area in the United States that is within
            100 kilometers of the international boundary between
            the United States and Mexico, and the area in Mexico
            that is within 300 kilometers of the international
            boundary between the United States and Mexico.

    SEC. 546.\7\ GRANTS OUT OF PAID-IN CAPITAL RESOURCES.

        (a) In General.--The President shall instruct the United
    States Federal Government representatives on the Board of
    Directors of the North American Development Bank to oppose any
    proposal where grants out of the Bank's paid-in capital
    resources, except for grants from paid-in capital authorized
    for the community adjustment and investment program under the
    Bank's charter of 1993, would--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 290m-5. Sec. 1(b) of Public Law 108-215 (118 Stat.
    579) added sec. 546.
    ---------------------------------------------------------------------------
              (1) be made to a project that is not being financed,
            in part, by loans; or
              (2) account for more than 50 percent of the financing
            of any individual project.
        (b) Exception.--
              (1) General rule.--The requirements of subsection (a)
            shall not apply in cases where--
                      (A) the President determines there are
                    exceptional economic circumstances for making
                    the grant and consults with the Committee on
                    Foreign Relations of the Senate and the
                    Committee on Financial Services of the House of
                    Representatives; or
                      (B)(i) the grant is being made for a project
                    that is so small that obtaining a loan is
                    impractical; and
                      (ii) the grant does not exceed $250,000.
              (2) Limitation.--Not more than an aggregate of
            $5,000,000 in grants may be made under this subsection.
              * * * * * * *
                 (2) North American Development Bank Amendments

    Partial text of Public Law 108-215 [H.R. 254], 118 Stat. 579, approved
                                 April 5, 2004

      AN ACT to authorize the President of the United States to agree to
       certain amendments to the Agreement between the Government of the
       United States of America and the Government of the United Mexican
    States concerning the establishment of a Border Environment Cooperation
        Commission and a North American Development Bank, 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. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER
                        ENVIRONMENT COOPERATION AGREEMENT; GRANT AUTHORITY.

        (a) Amendment Authority.--Part 2 of subtitle D of title V
    of Public Law 103-182 (22 U.S.C. 290m-290m-3) is amended by
    adding at the end the following: * * * \1\
    ---------------------------------------------------------------------------
        \1\ Subsec. (a) added sec. 545 to the North American Development
    Bank Act; subsec. (b) added sec. 546 to that Act; see page 118.
    ---------------------------------------------------------------------------
        (b) Grant Authority.--* * *
        (c) Clerical Amendment.--* * *

    SEC. 2.\2\ ANNUAL REPORT.

        The Secretary of the Treasury shall submit annually to the
    Committee on Financial Services of the House of Representatives
    and the Committee on Foreign Relations of the Senate a written
    report on the North American Development Bank, which addresses
    the following issues:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 290m-6.
    ---------------------------------------------------------------------------
              (1) The number and description of the projects that
            the North American Development Bank has approved. The
            description shall include the level of market-rate
            loans, non-market-rate loans, and grants used in an
            approved project, and a description of whether an
            approved project is located within 100 kilometers of
            the international boundary between the United States
            and Mexico or within 300 kilometers of the
            international boundary between the United States and
            Mexico.
              (2) The number and description of the approved
            projects in which money has been dispersed.
              (3) The number and description of the projects which
            have been certified by the Border Environment
            Cooperation Commission, but yet not financed by the
            North American Development Bank, and the reasons that
            the projects have not yet been financed.
              (4) The total of the paid-in capital, callable
            capital, and retained earnings of the North American
            Development Bank, and the uses of such amounts.
              (5) A description of any efforts and discussions
            between the United States and Mexican governments to
            expand the type of projects which the North American
            Development Bank finances beyond environmental
            projects.
              (6) A description of any efforts and discussions
            between the United States and Mexican governments to
            improve the effectiveness of the North American
            Development Bank.
              (7) The number and description of projects authorized
            under the Water Conservation Investment Fund of the
            North American Development Bank.

    SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
                        NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION
                        FOR TEXAS IRRIGATORS AND AGRICULTURAL PRODUCERS IN
                        THE LOWER RIO GRANDE RIVER VALLEY.

        (a) Findings.--The Congress finds that--
              (1) Texas irrigators and agricultural producers are
            suffering enormous hardships in the lower Rio Grande
            River valley because of Mexico's failure to abide by
            the 1944 Water Treaty entered into by the United States
            and Mexico;
              (2) over the last 10 years, Mexico has accumulated a
            1,500,000-acre fee water debt to the United States
            which has resulted in a very minimal and inadequate
            irrigation water supply in Texas;
              (3) recent studies by Texas A&M University show that
            water savings of 30 percent or more can be achieved by
            improvements in irrigation system infrastructure such
            as canal lining and metering;
              (4) on August 20, 2002, the Board of the North
            American Development Bank agreed to the creation in the
            Bank of a Water Conservation Investment Fund, as
            required by Minute 308 to the 1944 Water Treaty, which
            was an agreement signed by the United States and Mexico
            on June 28, 2002; and
              (5) the Water Conservation Investment Fund of the
            North American Development Bank stated that up to
            $80,000,000 would be available for grant financing of
            water conservation projects, which grant funds would be
            divided equally between the United States and Mexico.
        (b) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) water conservation projects are eligible for
            funding from the North American Development Bank under
            the Agreement Between the Government of the United
            States of America and the Government of the United
            Mexican States Concerning the Establishment of a Border
            Environment Cooperation Commission and a North American
            Development Bank; and
              (2) the Board of the North American Development Bank
            should support qualified water conservation projects
            which can assist Texas irrigators and agricultural
            producers in the lower Rio Grande River Valley.

    SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
                        NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION
                        IN THE SOUTHERN CALIFORNIA AREA.

        It is the sense of the Congress that the Board of the North
    American Development Bank should support--
              (1) the development of qualified water conservation
            projects in southern California and other eligible
            areas in the 4 United States border States, including
            the conjunctive use and storage of surface and ground
            water, delivery system conservation, the re-regulation
            of reservoirs, improved irrigation practices,
            wastewater reclamation, regional water management
            modeling, operational and optimization studies to
            improve water conservation, and cross-border water
            exchanges consistent with treaties; and
              (2) new water supply research and projects along the
            Mexico border in southern California and other eligible
            areas in the 4 United States border States to
            desalinate ocean seawater and brackish surface and
            groundwater, and dispose of or manage the brines
            resulting from desalination.

    SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR
                        NADBANK PROJECTS FOR WHICH FINANCE WATER
                        CONSERVATION OR IRRIGATORS AND AGRICULTURAL
                        PRODUCERS IN THE SOUTHWEST UNITED STATES.

        (a) Findings.--The Congress finds as follows:
              (1) Irrigators and agricultural producers are
            suffering enormous hardships in the southwest United
            States. The border States of California, Arizona, New
            Mexico, and Texas are suffering from one of the worst
            droughts in history. In Arizona, this is the second
            driest period in recorded history and the worst since
            1904.
              (2) In spite of decades of water conservation in the
            southwest United States, irrigated agriculture uses
            more than 60 percent of surface and ground water.
              (3) The most inadequate water supplies in the United
            States are in the Southwest, including the lower
            Colorado River basin and the Great Plains River basins
            south of the Platte River. In these areas, 70 percent
            of the water taken from the stream is not returned.
              (4) The amount of water being pumped out of
            groundwater sources in many areas is greater than the
            amount being replenished, thus depleting the
            groundwater supply.
              (5) On August 20, 2002, the Board of the North
            American Development Bank agreed to the creation in the
            bank of a Water Conservation Investment Fund.
              (6) The Water Conservation Investment Fund of the
            North American Development Bank stated that up to
            $80,000,000 would be available for grant financing of
            water conservation projects, which grant funds would be
            divided equally between the United States and Mexico.
        (b) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) water conservation projects are eligible for
            funding from the North American Development Bank under
            the Agreement Between the Government of the United
            States of America and the Government of the United
            Mexican States Concerning the Establishment of a Border
            Environment Cooperation Commission and a North American
            Development Bank;
              (2) the Board of the North American Development Bank
            should support qualified water conservation projects
            that can assist irrigators and agricultural producers;
            and
              (3) the Board of the North American Development Bank
            should take into consideration the needs of all of the
            border states before approving funding for water
            projects, and strive to fund water conservation
            projects in each of the border states.

    SEC. 6. SENSE OF THE CONGRESS REGARDING FINANCING OF PROJECTS.

        (a) In General.--It is the sense of the Congress that the
    Board of the North American Development Bank should support the
    financing of projects, on both sides of the international
    boundary between the United States and Mexico, that address
    coastal and the problem of pollution in both countries having
    an environmental impact along the Pacific Ocean and Gulf of
    Mexico shores of the United States and Mexico.
        (b) Air Pollution.--It is the sense of the Congress that
    the Board of the North American Development Bank should support
    the financing of projects, on both sides of the international
    boundary between the United States and Mexico, which address
    air pollution.
    h. Bank for Economic Cooperation and Development in the Middle East and
                                North Africa Act

     Title VII of sec. 101(c) of Public Law 104-208 [Omnibus Consolidated
     Appropriations Act for Fiscal Year 1997; H.R. 3610], 110 Stat. 3009,
                          approved September 30, 1996

                    TITLE VII--MIDDLE EAST DEVELOPMENT BANK

    SEC. 701.\1\ SHORT TITLE.

        This title may be cited as the ``Bank for Economic
    Cooperation and Development in the Middle East and North Africa
    Act.''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 290o note.
    ---------------------------------------------------------------------------

    SEC. 702.\2\ ACCEPTANCE OF MEMBERSHIP.

        The President is hereby authorized to accept membership for
    the United States in the Bank for Economic Cooperation and
    Development in the Middle East and North Africa (in this title
    referred to as the ``Bank'') provided for by the agreement
    establishing the Bank (in this title referred to as the
    ``Agreement''), signed on May 31, 1996.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 290o.
    ---------------------------------------------------------------------------

    SEC. 703.\3\ GOVERNOR AND ALTERNATE GOVERNOR.

        (a) Appointment.--At the inaugural meeting of the Board of
    Governors of the Bank, the Governor and the alternate for the
    Governor of the International Bank for Reconstruction and
    Development, appointed pursuant to section 3 of the Bretton
    Woods Agreements Act, shall serve ex-officio as a Governor and
    the alternate for the Governor, respectively, of the Bank. The
    President, by and with the advice and consent of the Senate,
    shall appoint a Governor of the Bank and an alternate for the
    Governor.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 290o-1.
    ---------------------------------------------------------------------------
        (b) Compensation.--Any person who serves as a Governor of
    the Bank or as an alternate for the Governor may not receive
    any salary or other compensation from the United States by
    reason of such service.

    SEC. 704.\4\ APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON WOODS
                        AGREEMENTS ACT.

        Section 4 of the Bretton Woods Agreements Act shall apply
    to the Bank in the same manner in which such section applies to
    the International Bank for Reconstruction and Development and
    the International Monetary Fund.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 290o-2.
    ---------------------------------------------------------------------------

    SEC. 705.\5\ FEDERAL RESERVE BANKS AS DEPOSITORIES.

        Any Federal Reserve Bank which is requested to do so by the
    Bank may act as its depository, or as its fiscal agent, and the
    Board of Governors of the Federal Reserve System shall exercise
    general supervision over the carrying out of these functions.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 290o-3.
    ---------------------------------------------------------------------------

    SEC. 706.\6\ SUBSCRIPTION OF STOCK.

        (a) Subscription Authority.--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 290o-4.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary of the Treasury may
            subscribe on behalf of the United States to not more
            than 7,011,270 shares of the capital stock of the Bank.
              (2) Effectiveness of subscription commitment.--Any
            commitment to make such subscription shall be effective
            only to such extent or in such amounts as are provided
            for in advance by appropriations Acts.
        (b) Limitations on Authorization of Appropriations.--For
    payment by the Secretary of the Treasury of the subscription of
    the United States for shares described in subsection (a), there
    are authorized to be appropriated $1,050,007,800 without fiscal
    year limitation.
        (c) Limitations on Obligation of Appropriated Amounts for
    Shares of Capital Stock.--
              (1) Paid-in capital stock.--
                      (A) In general.--Not more than $105,000,000
                    of the amounts appropriated pursuant to
                    subsection (b) may be obligated for
                    subscription to shares of paid-in capital
                    stock.
                      (B) Fiscal year 1997.--Not more than
                    $52,500,000 of the amounts appropriated
                    pursuant to subsection (b) for fiscal year 1997
                    may be obligated for subscription to shares of
                    paid-in capital stock.
              (2) Callable capital stock.--Not more than
            $787,505,852 of the amounts appropriated pursuant to
            subsection (b) may be obligated for subscription to
            shares of callable capital stock.
        (d) Disposition of Net Income Distributions by the Bank.--
    Any payment made to the United States by the Bank as a
    distribution of net income shall be covered into the Treasury
    as a miscellaneous receipt.

    SEC. 707.\7\ JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR AGAINST THE
                        BANK.

        (a) Jurisdiction.--The United States district courts shall
    have original and exclusive jurisdiction of any civil action
    brought in the United States by or against the Bank.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 290o-5.
    ---------------------------------------------------------------------------
        (b) Venue.--For purposes of section 1391(b) of title 28,
    United States Code, the Bank shall be deemed to be a resident
    of the judicial district in which the principal office of the
    Bank in the United States, or its agent appointed for the
    purpose of accepting service or notice of service, is located.

    SEC. 708.\8\ EFFECTIVENESS OF AGREEMENT.

        The Agreement shall have full force and effect in the
    United States, its territories and possessions, and the
    Commonwealth of Puerto Rico, upon acceptance of membership by
    the United States in the Bank and the entry into force of the
    Agreement.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 290o-6.
    ---------------------------------------------------------------------------

    SEC. 709.\9\ EXEMPTION FROM SECURITIES LAWS FOR CERTAIN SECURITIES
                        ISSUED BY THE BANK; REPORTS REQUIRED.

        (a) Exemption from Securities Laws; Reports to Securities
    and Exchange Commission.--Any securities issued by the Bank
    (including any guaranty by the Bank, whether or not limited in
    scope) in connection with borrowing of funds, or the guarantee
    of securities as to both principal and interest, shall be
    deemed to be exempted securities within the meaning of section
    3(a)(2) of the Securities Act of 1933 and section 3(a)(12) of
    the Securities Exchange Act of 1934. The Bank shall file with
    the Securities and Exchange Commission such annual and other
    reports with regard to such securities as the Commission shall
    determine to be appropriate in view of the special character of
    the Bank and its operations and necessary in the public
    interest or for the protection of investors.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 290o-7.
    ---------------------------------------------------------------------------
        (b) Authority of Securities and Exchange Commission to
    Suspend Exemption; Reports to the Congress.--The Securities and
    Exchange Commission, acting in consultation with such agency or
    officer as the President shall designate, may suspend the
    provisions of subsection (a) at any time as to any or all
    securities issued or guaranteed by the Bank during the period
    of such suspension. The Commission shall include in its annual
    reports to the Congress such information as it shall deem
    advisable with regard to the operations and effect of this
    section.

    SEC. 710. TECHNICAL AMENDMENTS.

        (a) Annual Report Required on Participation of the United
    States in the Bank.--Section 1701(c)(2) of the International
    Financial Institutions Act (22 U.S.C. 262r(c)(2)) is amended by
    inserting ``Bank for Economic Cooperation and Development in
    the Middle East and North Africa,'' after ``Inter-American
    Development Bank''.
        (b) Exemption from Limitations and Restrictions on Power of
    National, Banking Associations To Deal in and Underwrite
    Investment Securities of the Bank.--The seventh sentence of
    paragraph 7 of section 5136 of the Revised Statutes of the
    United States (12 U.S.C. 24) is amended by inserting ``Bank for
    Economic Cooperation and Development in the Middle East and
    North Africa,'' after ``the Inter-American Development Bank''.
        (c) Benefits for United States Citizen-Representatives to
    the Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2)
    is amended by inserting ``the Bank for Economic Cooperation and
    Development in the Middle East and North Africa,'' after ``the
    Inter-American Development Bank,''.
               2. Authorization for Increased U.S. Participation

              a. International Development and Finance Act of 1989

        Partial text of Public Law 101-240 [H.R. 2494], 103 Stat. 2492,
                           approved December 19, 1989

              Note.--This Act consists largely of amendments to
            Public Laws governing international financial
            institutions. Such amendments have been incorporated
            into those Public Laws at the appropriate places.

     AN ACT To reauthorize the Export-Import Bank tied aid credit fund and
    pilot interest subsidy program, to provide for the participation of the
    United States in a replenishment of the Inter-American Development Bank
    and in the Enhanced Structural Adjustment Facility of the International
    Monetary Fund, to improve the safety and soundness of the United States
     banking system and encourage the reduction of the debt burdens of the
     highly indebted countries, to encourage the multilateral development
     banks to engage in environmentally sustainable lending practices and
     give greater priority to poverty alleviation, 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.\1\ SHORT TITLE; TABLE OF CONTENTS.

      (a) Short Title.--This Act may be cited as the
    ``International Development and Finance Act of 1989''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--* * *

                   TITLE I--EXPORT-IMPORT BANK ACT AMENDMENTS

    SEC. 101. EXPORT-IMPORT BANK ACT AMENDMENTS. * * *

      (e) Report With Respect to Loan Loss Reserves.--Before the
    end of the 6-month period beginning on the date of the
    enactment of this section, the Export-Import Bank of the United
    States shall submit a report to the Congress explaining why the
    Bank has not established a loan loss reserve. In preparing such
    report, the Bank shall--
              (1) determine if the establishment of a loan loss
            reserve would result in the unproductive
            characterization of the creditworthiness of certain
            types of borrowers;
              (2) consult with the appropriate Executive branch
            entities to determine the budgeting and financial
            management implications of establishing a loan loss
            reserve;
              (3) review whether, and the extent to which similar
            bilateral and multilateral lending institutions make
            provision against loan losses; and
              (4) report on the steps needed to return the Bank to
            profitability.
              * * * * * * *

    SEC. 103.\2\ EXPORT-IMPORT PROGRAMS TO THE PEOPLE'S REPUBLIC OF CHINA
                        PROHIBITED UNLESS CERTAIN CONDITIONS ARE MET.

      (a) Notwithstanding any other provision of law and subject to
    the provisions of subsections (b) and (c), the Export-Import
    Bank of the United States shall not finance any trade with, nor
    extend any loan, credit, credit guarantee, insurance or
    reinsurance to the People's Republic of China.
    ---------------------------------------------------------------------------
        \2\ 12 U.S.C. 635 note.
    ---------------------------------------------------------------------------
      (b) The prohibitions described in subsection (a) of this
    section shall not apply to food or agricultural commodities.
      (c) The President may waive the prohibitions in subsection
    (a) if he makes a report to Congress either--
              (1) that the Government of the People's Republic of
            China has made progress on a program of political
            reform throughout the country, as well as in Tibet,
            which includes--
                      (A) lifting of martial law;
                      (B) halting of executions and other reprisals
                    against individuals for the nonviolent
                    expression of their political beliefs;
                      (C) release of political prisoners;
                      (D) increased respect for internationally
                    recognized human rights, including freedom of
                    expression, the press, assembly, and
                    association; and
                      (E) permitting a freer flow of information,
                    including an end to the jamming of Voice of
                    America and greater access for foreign
                    journalists; or
              (2) \3\ it is in the national interest of the United
            States to terminate a suspension under subsection (a).
    ---------------------------------------------------------------------------
        \3\ On December 19, 1989 (same date as enactment of this Act), the
    President reported to the Speaker of the House of Representatives and
    President of the Senate the following:
        ``Pursuant to the authority vested in me by subsection 103(c)(2) of
    the International Development and Finance Act of 1989 (the `Act'), and
    as President of the United States, I hereby report that it is in the
    national interest of the United States to terminate the suspensions
    under subsection 103(a) of the Act of programs of the Export-Import
    Bank of the United States for the People's Republic of China. I am
    thereby waiving the prohibitions on the Export-Import Bank's financing
    any trade with, and on extending any loan, credit, credit guarantee,
    insurance or reinsurance to the People's Republic of China as provided
    in subsection 103(a).'' [Weekly Compilation of Presidential Documents.
    December 25, 1989, vol. 235, no. 51, p. 1973.]
    ---------------------------------------------------------------------------

                 TITLE II--INTER-AMERICAN DEVELOPMENT BANK \4\

              * * * * * * *
    ---------------------------------------------------------------------------
        \4\ Secs. 201 through 204 amended the Inter-American Development
    Bank Act.
    ---------------------------------------------------------------------------

    SEC. 205. SENSE OF THE CONGRESS THAT INTER-AMERICAN DEVELOPMENT BANK
                        LOANS SHOULD REDUCE DEPENDENCE ON ILLICIT
                        NARCOTICS.

      It is the sense of the Congress that, whenever possible and
    appropriate, loans made by the Inter-American Development Bank
    during the 4-year period beginning on January 1, 1990, should
    promote economic development which will reduce the growing
    economic dependence on the production and transit of illicit
    narcotics in certain borrower countries.
              * * * * * * *

                  TITLE IV--INTERNATIONAL DEBT PROVISIONS \5\

    SEC. 401. SHORT TITLE.

      This title may be cited as the ``Foreign Debt Reserving Act
    of 1989''.
    ---------------------------------------------------------------------------
        \5\ 12 U.S.C. 3901 note.
    ---------------------------------------------------------------------------

    SEC. 402.\6\ ADDITIONAL RESERVE REQUIREMENTS.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \6\ 12 U.S.C. 3904a note.
    ---------------------------------------------------------------------------
              (1) since the adoption of the International Lending
            Supervision Act of 1983, the credit quality of loans by
            United States banking institutions to highly indebted
            countries has deteriorated and the prospects for full
            repayment of such loans have diminished;
              (2) in general during this period, the level of
            country exposure and transfer risk associated with
            loans by United States banking institutions to highly
            indebted countries has not been adequately reflected in
            the reserve levels established by many individual
            United States banking institutions or the reserve
            requirements imposed by Federal banking agencies
            pursuant to such Act;
              (3) during the last 3 years and particularly in
            recent months, United States banking institutions have
            increased their reserves for possible losses from loans
            to highly indebted countries but such reserves remain,
            in some cases, significantly lower than reserves
            established by banking institutions in a number of
            foreign countries and may not be adequate to deal with
            potential risks; and
              (4) in order to fulfill the purposes of such Act, the
            Federal banking agencies should take a more active role
            in reviewing reserve levels established by United
            States banking institutions for potential losses from
            loans to highly indebted countries and in requiring
            appropriate levels of both special and general reserves
            to reflect the increased risk of such loans.
      (b) \7\ In General.--* * *
    ---------------------------------------------------------------------------
        \7\ Sec. 402(b) amended the International Lending Supervision Act
    of 1983 (12 U.S.C. 3901 et seq.) by inserting a new sec. 905A.
    ---------------------------------------------------------------------------

    SEC. 403. REPORT ON MARK TO MARKET ACCOUNTING.

      (a) Report Required.--Before the end of the 90-day period
    beginning on the date of the enactment of this section, the
    Board of Governors of the Federal Reserve System, the Federal
    Deposit Insurance Corporation, and the Comptroller of the
    Currency shall jointly report to the Committee on Banking,
    Finance and Urban Affairs \8\ of the House of Representatives
    and the Committee on Banking, Housing, and Urban Affairs of the
    Senate on the merits of mark to market accounting treatment as
    an appropriate accounting treatment for the sovereign debt of
    highly indebted countries which is held by United States
    commercial banks.
    ---------------------------------------------------------------------------
        \8\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------
      (b) Contents of Report.--The report required under subsection
    (a) shall include--
              (1) a discussion of the merits of mark to market
            accounting treatment as the appropriate accounting
            treatment for the sovereign debt of highly indebted
            countries which is held by United States commercial
            banks; and
              (2) a description of the factors which the Board of
            Governors of the Federal Reserve System, the Federal
            Deposit Insurance Corporation, and the Comptroller of
            the Currency will consider in future assessments of the
            applicability of mark to market accounting to such
            debt.

    SEC. 404. STUDY ON ELIMINATION OF CAPITAL FLIGHT.

      (a) In General.--The Secretary of the Treasury shall instruct
    the United States Executive Director of the International
    Monetary Fund to propose that the Fund conduct a study on
    multilateral means by which the banking industry might help
    reverse capital flight from countries which are engaged in debt
    restructuring, including--
              (1) the feasibility of disclosing the names of
            account holders whose accounts may consist of flight
            capital, and the balances of such accounts;
              (2) the usefulness of such disclosures in deterring
            the creation and maintenance of such accounts, and how
            such deterrence would operate or be defeated;
              (3) the extent to which any such information is
            gathered and to whom such information is made
            available;
              (4) the receptiveness of such countries to the
            disclosure of such information;
              (5) the difficulties in, and the cost of, collecting
            such information and overcoming legal obstacles used to
            disguise the true ownership of such deposits, including
            the feasibility of using the threat of confiscatory
            penalties to prevent the disguising of the ownership of
            deposits;
              (6) the usefulness of using taxes as a means to
            encourage the repatriation of flight capital; and
              (7) the applicability (if any) of efforts to
            facilitate the identification, tracing, seizure, and
            forfeiture of drug crime proceeds, and to prevent the
            use of the banking system and of financial institutions
            for the purpose of money laundering.
      (b) Flight Capital Defined.--As used in subsection (a), the
    term ``flight capital'' means any asset--
              (1)(A) which is deposited in a banking institution
            for safekeeping or investment purposes; or
              (B) for which a financial institution serves as a
            conduit, an agent, or a fiduciary in a transaction; and
              (2) the owner of which may be a legal resident of a
            country other than the country in which the institution
            is located.
      (c) Report to the Congress.--Not later than the end of the
    180-day period beginning on the date of the enactment of this
    Act, the Secretary of the Treasury shall submit to the Chairman
    of the Committee on Banking, Finance and Urban Affairs \8\ of
    the House of Representatives, and the Committee on Banking,
    Housing, and Urban Affairs of the Senate a report on the
    actions taken and studies completed as required by subsection
    (a).

    SEC. 405. FACTORS TO BE TAKEN INTO ACCOUNT IN DEVELOPING UNITED STATES
                        POLICY TOWARD DEBT REDUCTION FOR CERTAIN HIGHLY
                        INDEBTED COUNTRIES; REPORT TO THE CONGRESS.

      (a) Factors To Be Taken Into Account.--In developing the
    policy of the United States Government with respect to debt
    reduction for each highly indebted country which has a
    substantial share of the export market for 1 or more
    agricultural commodities the export market for which the United
    States also has a substantial share, the Secretary of the
    Treasury shall consider among other factors the effects of such
    policy on:
              (1) United States exports of such commodities.
              (2) The world price of such commodities.
              (3) Domestic agricultural production and land
            distribution patterns in such country.
              (4) The volume of exports from such country of
            agricultural commodities the export market for which
            such country has a substantial share of.
              (5) Basic nutrition levels in such country.
      (b) Report to the Congress.--Before the end of the 12-month
    period beginning on the date of the enactment of this section,
    the Secretary of the Treasury shall submit a report to the
    Congress on the potential impact of such policy on such factors
    in the highly indebted countries.
      (c) Highly Indebted Country Defined.--As used in this
    section, the term ``highly indebted country'' means any country
    designated as a ``Highly Indebted Country'' in the annual World
    Debt Tables most recently published by the International Bank
    for Reconstruction and Development before the date of the
    enactment of this section.

    SEC. 406. SENSE OF THE CONGRESS THAT AGREEMENTS TO REDUCE DEBT BURDEN
                        SHOULD BE ACCOMPANIED BY TRADE LIBERALIZATION.

      (a) Findings.--The Congress finds that--
              (1) Third World debtor nations have often been forced
            to raise trade barriers in order to accumulate foreign
            exchange surpluses to repay debt obligations;
              (2) trade flows between such nations and the United
            States have lessened due to the debt crisis;
              (3) the reduction of trade barriers would benefit the
            world economy and promote economic growth; and
              (4) the Brady plan encourages debt reduction
            agreements on behalf of domestic financial
            institutions.
      (b) Sense of the Congress.--It is the sense of Congress that
    the Secretary of the Treasury should continue to encourage
    trade liberalization as an element of economic reform programs.

    SEC. 407.\9\ LINKAGE OF DEBT REDUCTION LOANS TO REDUCTION IN DRUG
                        TRAFFICKING; REPORT TO CONGRESS.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 2291 note.
    ---------------------------------------------------------------------------
              (1) the Brady Initiative is a positive step,
            recognizing as it does the need for reducing the debt
            and debt service burdens of the indebted developing
            countries;
              (2) the multilateral development banks should, as
            part of this debt reduction process, encourage such
            countries to further reform their economies by reducing
            their dependence on production and trafficking of
            illicit narcotics; and
              (3) reduction of debt should relieve some of the
            financial burden on these countries, and thereby enable
            them to rely on legal income-generating activities.
      (b) Instruction of United States Executive Directors.--The
    Secretary of the Treasury shall instruct the United States
    Executive Director of each multilateral development bank that,
    in voting with respect to loans from the multilateral
    development bank to reduce the debt and debt burden of
    borrowing countries which are major producers, processors,
    traffickers, or exporters of illegal drugs to the United
    States, the Executive Director shall give preference to those
    countries which show marked improvement in reducing the volume
    of cultivation, processing, trafficking, and export to the
    United States of illegal drugs. In making a determination under
    the preceding sentence with respect to a country's improvement,
    the Secretary of the Treasury shall consult with the heads of
    the relevant agencies.
      (c) Report to Congress.--The Secretary of the Treasury shall
    include, in the detailed accounting required by section 2018(c)
    of the International Narcotics Control Act of 1986 (22 U.S.C.
    2191 note), relating to multilateral development bank
    assistance for drug eradication and crop substitution programs,
    an additional discussion of the steps taken and the progress
    made in implementing the goals set forth in subsection (b) of
    this section, and further steps needed to secure the
    achievement of these goals.
      (d) Definitions.--As used in this section--
              (1) the term ``multilateral development bank''
            includes the International Bank for Reconstruction and
            Development, the International Development Association,
            the International Finance Corporation, the Inter-
            American Development Bank, the Inter-American
            Investment Corporation, the Asian Development Bank, the
            African Development Bank, and the African Development
            Fund; and
              (2) the term ``illegal drugs'' means ``narcotic and
            psychotropic drugs and other controlled substances'',
            as defined in section 481(e)(3) \10\ of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2291(i)(3)).
    ---------------------------------------------------------------------------
        \10\ Formerly read ``section 481(i)(3)''. Sec. 6 of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4932) provided that: ``Any reference in any provision of law
    enacted before the date of enactment of this Act to section 481(e) or
    481(i) of that Act shall be deemed to be a reference to section 489 or
    section 481(e) * * * respectively''.
    ---------------------------------------------------------------------------

      TITLE V--ALLEVIATION OF POVERTY; ENVIRONMENTAL PROVISIONS; DEBT-FOR-
           DEVELOPMENT SWAPS; CONSOLIDATION OF REPORTING REQUIREMENTS

                       Subtitle A--Alleviation of Poverty

    SEC. 501.\11\ INCREASING THE PRODUCTIVE ECONOMIC PARTICIPATION OF THE
                        POOR. * * *
    ---------------------------------------------------------------------------

        \11\ Sec. 501 amended the International Financial Institutions Act,
    redesignating sec. 1613 as sec. 1614 (as added by sec. 206 of this
    Act), and adding a new sec. 1613 (22 U.S.C. 262p-5). Sec. 1614 is
    further redesignated as sec. 1617 by sec. 512 of this Act, which also
    adds new secs. 1614 through 1616.
    ---------------------------------------------------------------------------

          Subtitle B--International Debt Exchanges and the Environment

    SEC. 511. SENSE OF THE CONGRESS RESOLUTION REGARDING ENVIRONMENTAL
                        POLICY AND INTERNATIONAL DEBT EXCHANGES.

      It is the sense of the Congress that--
              (1) the Secretary of the Treasury should include
            support for sustainable development and conservation
            projects when providing a framework for negotiating or
            facilitating exchanges or reductions of commercial debt
            of foreign countries; and
              (2) that in assisting or facilitating the reduction
            of debt of heavily indebted foreign countries, through
            multilateral institutions such as the International
            Monetary Fund or the International Bank for
            Reconstruction and Development, the Secretary of State
            and the Secretary of the Treasury should--
                      (A) support efforts to provide adequate
                    resources for sustainable development and
                    conservation projects as a component of the
                    restructured commercial bank debt of that
                    country; and
                      (B) in providing such support, seek to assure
                    that--
                              (i) the host government, or a local
                            nongovernmental organization acting
                            with the support of the host
                            government, has identified conservation
                            or sustainable development projects it
                            will target for assistance;
                              (ii) there will be in place an
                            organization, either governmental or
                            nongovernmental, that will have the
                            commitment to assure the long-term
                            viability of the project; and
                              (iii) the allocation of the resources
                            provided for conservation and
                            sustainable development projects
                            through the debt restructuring
                            agreement is done in a manner that will
                            not overwhelm or distort economic
                            conditions in the host country.

    SEC. 512.\12\ MULTILATERAL DEVELOPMENT BANKS AND DEBT-FOR-NATURE
                        EXCHANGES. * * *
    ---------------------------------------------------------------------------

        \12\ Sec. 512 redesignated sec. 1614 of the International Financial
    Institutions Act (as earlier redesignated by sec. 501 of this Act), as
    sec. 1617, and inserted new secs. 1614 through 1616.
    ---------------------------------------------------------------------------

                  Subtitle C--Environmental Impact Assessments

    SEC. 521.\13\ ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED
                        MULTILATERAL DEVELOPMENT BANK ACTIONS. * * *
    ---------------------------------------------------------------------------

        \13\ Sec. 521 amended title XIII of the International Financial
    Institutions Act by adding a new sec. 1308 (22 U.S.C. 262m-7),
    redesignated as sec. 1307.
    ---------------------------------------------------------------------------

                     Subtitle D--Debt-for-Development Swaps

    SEC. 531.\14\ ENCOURAGEMENT OF DEBT-FOR-DEVELOPMENT SWAPS THROUGH LOCAL
                        CURRENCY REPAYMENT.

      (a) Statement of Policy.--It is the sense of the Congress
    that--
    ---------------------------------------------------------------------------
        \14\ 12 U.S.C. 3901 note.
    ---------------------------------------------------------------------------
              (1) debt-for-development swaps, where payment is made
            in local currency at the free market rate, serve a
            useful purpose by providing banking institutions with
            constructive opportunities for the reduction of the
            external debt of highly indebted developing countries
            in a process that involves the participation of
            private, nonprofit groups in providing a stimulus to
            the economic and social development of such developing
            countries;
              (2) debt-for-development swaps provide highly
            indebted developing countries with a creative method of
            reducing external debt burdens, while promoting their
            economic growth and restructuring objectives;
              (3) banking institutions should give careful
            consideration to engaging in such swaps as one means of
            strengthening overall loan portfolios through the
            reduction of high external debt burdens while expanding
            economic opportunities through private sector
            initiatives; and
              (4) in order to avoid any bias against such swaps in
            the regulatory framework applicable to the financial
            reporting of banking institutions, where payment is
            made in local currency at the free market rate,
            appropriate recognition of the fair market exchange
            value of the currency so received should be made.
      (b) Notification Relating to Local Currency Repayment Through
    Debt-for-Development Swaps.--Before the end of the 6-month
    period beginning on the date of the enactment of this section,
    each appropriate Federal banking agency shall adopt uniform
    guidelines that will effectuate the policy set forth in
    subsection (a) concerning the regulatory framework and
    accounting treatment of debt-for-development swaps involving
    repayment in local currency at the free market rate. For the
    purpose of such guidelines, the impact of such swaps on
    reported loan loss reserves shall be determined by valuing
    currency received in such swaps at fair market exchange value.
      (c) Definitions.--As used in this section:
              (1) Appropriate federal banking agency.--The term
            ``appropriate Federal banking agency'' has the meaning
            given such term in section 903(1) of the International
            Lending Supervision Act of 1983.
              (2) Banking institution.--The term ``banking
            institution'' has the meaning given such term in
            section 903(2) of the International Lending Supervision
            Act of 1983.
              (3) Debt-for-development swap.--The term ``debt-for-
            development swap'' has the meaning given such term in
            section 1608(b)(2) of the International Financial
            Institutions Act.
              (4) Highly indebted country.--The term ``highly
            indebted country'' means any country designated as a
            ``Highly Indebted Country'' in the annual World Debt
            Tables most recently published by the International
            Bank for Reconstruction and Development before the date
            of the enactment of this section.

          Subtitle E--Consolidation of Certain Reporting Requirements

    SEC. 541.\15\ CONSOLIDATION OF CERTAIN REPORTING REQUIREMENTS. * * *
    ---------------------------------------------------------------------------

        \15\ Sec. 541 amended the International Financial Institutions Act
    by adding new titles XVII, XVIII, and XIX. As these new titles
    consolidate several reporting requirements, sec. 541 also repealed
    duplicative requirements in other legislation relating to international
    financial institutions.
    ---------------------------------------------------------------------------

                       TITLE VI--MISCELLANEOUS PROVISIONS

    SEC. 601. SENSE OF THE CONGRESS THAT THE INTERNATIONAL BANK FOR
                        RECONSTRUCTION AND DEVELOPMENT AND THE
                        INTERNATIONAL MONETARY FUND SHOULD EXPEDITIOUSLY
                        ACT UPON LOAN REQUESTS FROM POLAND.

      It is the sense of the Congress that, based on the
    liberalization of Poland's economic system and the opening of
    its economic system to market forces, the Secretary of the
    Treasury should instruct the United States Executive Directors
    of the International Bank for Reconstruction and Development
    and of the International Monetary Fund to urge upon their
    colleagues that their respective institutions move as
    expeditiously as possible in considering and acting upon loan
    requests from, and in disbursing approved loans to, Poland.

    SEC. 602. SENSE OF THE CONGRESS SUPPORTING ASSISTANCE BY MULTILATERAL
                        LENDING INSTITUTIONS TO ESTABLISH FINANCIAL
                        INSTITUTIONS IN POLAND.

      It is the sense of the Congress that the Secretary of the
    Treasury should instruct the United States Executive Directors
    of the multilateral development banks (as defined in section
    1617 of the International Financial Institutions Act), of the
    International Finance Corporation, and of the Multilateral
    Investment Guarantee Agency to enter into discussions with the
    other executive directors of such institutions and, in such
    discussions, urge such institutions to consider and act
    promptly upon (and, in the case of the Multilateral Investment
    Guarantee Agency, after Poland becomes a member country of such
    institution) requests by individuals and private businesses in,
    and the Government of, Poland for financial and technical
    assistance in the establishment of financial institutions
    (including institutions such as credit unions, thrift
    institutions, and commercial banks) and businesses involved in
    the provision of credit and financial services.

    SEC. 603. SENSE OF THE CONGRESS RELATING TO CONDITIONAL FINANCIAL
                        ASSISTANCE BY MULTILATERAL LENDING INSTITUTIONS TO
                        POLAND.

      It is the sense of the Congress that the Secretary of the
    Treasury should instruct the United States Executive Directors
    of the multilateral development banks (as defined in section
    1617 of the International Financial Institutions Act), of the
    International Monetary Fund, of the International Finance
    Corporation, and of the Multilateral Investment Guarantee
    Agency to enter into discussions with the other executive
    directors of such institutions and propose that such
    institutions not provide financial assistance or debt
    forgiveness to Poland until the government of Poland allows and
    facilitates privately owned entities established in foreign
    countries to invest in private commercial ventures in Poland.

    SEC. 604. SENSE OF THE CONGRESS OPPOSING THE MAKING OF CERTAIN LOANS OR
                        THE EXTENSION OF CERTAIN FINANCIAL AND TECHNICAL
                        ASSISTANCE TO THE PEOPLE'S REPUBLIC OF CHINA.

      (a) Findings.--The Congress finds that--
              (1) the Government of the People's Republic of China
            ordered the People's Liberation Army to brutally attack
            peaceful demonstrators who had assembled in Tiananmen
            Square;
              (2) this attack violated the human rights of the
            demonstrators;
              (3) several thousand innocent and defenseless
            protesters were killed in the initial assault;
              (4) these violations of human rights have evolved
            into a pattern of continuing repression and reprisals
            against citizens throughout China as evidenced by the
            beating of alleged dissidents, the order to the army to
            shoot ``rioters''--the Chinese Government's term for
            the peaceful demonstrators--on sight, the mass arrest
            of students and workers, the public declarations by
            government-controlled media that physicists Fang Lizhi
            and Li Shuxian (who are being given refuge in the
            United States Embassy in Beijing) are ``guilty'' before
            being afforded due process, and the banning of all
            independent, unofficial prodemocracy organizations;
              (5) the Government of the People's Republic of China
            is trying to suppress truthful accounts of the actions
            taken in Beijing and throughout the country, by, among
            other things, expelling foreign journalists, including
            the local bureau chief of the Voice of America, from
            the country;
              (6) the People's Republic of China has received
            almost $8,000,000,000 in development loans from the
            International Bank for Reconstruction and Development,
            and increasing amounts of assistance from the Asian
            Development Bank;
              (7) it is morally repugnant that, through such
            multilateral development banks, United States taxpayer
            dollars are used to support the present policies of the
            People's Republic of China;
              (8) such development loans cannot be justified on
            economic grounds because economic development and
            market reforms cannot be achieved in the environment of
            repression that now clearly exists there; and
              (9) the People's Republic of China is engaging in ``a
            pattern of gross violations of internationally
            recognized human rights . . . such as flagrant denial
            to life, liberty, and the security of person''.
      (b) Statement of Policy.--It is the sense of the Congress
    that the President should--
              (1) instruct the United States Executive Directors of
            the International Bank for Reconstruction and
            Development and the Asian Development Bank to use their
            voices and votes to oppose the making of any loan or
            the extension of any financial or technical assistance
            to the People's Republic of China, in accordance with
            section 701(f) of the International Financial
            Institutions Act; and
              (2) consider the People's Republic of China to be a
            country described in section 701(a)(1) of such Act
            until the President determines that the repression and
            reprisals against persons in connection with the
            prodemocracy demonstrations have ended.

                            TITLE VII--MISCELLANEOUS

    SEC. 701.\16\ SHORT TITLE.

      This title may be cited as the ``Global Environmental
    Protection Assistance Act of 1989''.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                  PART A--COMMERCIAL DEBT-FOR-NATURE EXCHANGES

    SEC. 711.\17\ AMENDMENT TO THE FOREIGN ASSISTANCE ACT. * * *
    ---------------------------------------------------------------------------

        \17\ Sec. 711 added a new chapter 7 to part I of the Foreign
    Assistance Act of 1961, titled ``Debt-for-Nature Exchanges''. For text,
    see Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

              PART B--MULTILATERAL FOREIGN ASSISTANCE COORDINATION

    SEC. 721. GENERAL POLICY.

      It is the sense of the Congress that the Secretary of State
    should seek to develop an increased consideration of global
    warming, tropical deforestation, sustainable development, and
    biological diversity among the highest goals of bilateral
    foreign assistance programs of all countries.

    SEC. 722. POLICY ON NEGOTIATIONS.

      (a) In General.--The Secretary of State, acting through the
    United States representative to the Development Assistance
    Committee of the Organization for Economic Coordination and
    Development (OECD), should initiate, at the earliest
    practicable date, negotiations among member countries on a
    coordinated approach to global warming, tropical deforestation,
    sustainable development, and biological diversity through
    bilateral assistance programs that would include--
              (1) increased consideration of the impact of
            developmental projects on global warming, tropical
            deforestation, and biological diversity;
              (2) reduction or elimination of funding for those
            projects that exacerbate those problems;
              (3) coordinated research and development of projects
            that emphasize sustainable use or protection of
            tropical forests and support for local conservation
            efforts;
              (4) expanded use of forgiveness of foreign assistance
            debt in exchange for policy changes or programs that
            address problems associated with global warming,
            tropical deforestation, sustainable development, and
            biological diversity;
              (5) increased use of foreign assistance funds and
            technical assistance in support of local conservation,
            restoration, or sustainable development efforts and
            debt-for-nature exchanges;
              (6) improved exchange of information on energy
            efficiency and solar and renewable energy sources, and
            a greater emphasis on the use of those sources of
            energy in developmental projects; and
              (7) increased use of environmental experts in the
            field to assess development projects for their impact
            on global warming, tropical deforestation, and
            biological diversity.
      (b) Implementation of Agreement.--Negotiations described in
    subsection (a) shall seek to ensure that the recommended
    changes are implemented as quickly as possible by member
    countries of the Development Assistance Committee.

           PART C--TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES \18\

    SEC. 731.\19\ DEFINITIONS.

      In this part:
    ---------------------------------------------------------------------------
        \18\ Sec. 1611 of the Energy Policy Act of 2005 (Public Law 109-58;
    119 Stat. 1113) added part C, secs. 731 through 739.
    ---------------------------------------------------------------------------
              (1) Carbon sequestration.--The term ``carbon
            sequestration'' means the capture of carbon dioxide
            through terrestrial, geological, biological, or other
            means, which prevents the release of carbon dioxide
            into the atmosphere.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 7901. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 731.
    ---------------------------------------------------------------------------
              (2) Greenhouse gas.--The term ``greenhouse gas''
            means carbon dioxide, methane, nitrous oxide,
            hydrofluorocarbons, perfluorocarbons, and sulfur
            hexafluoride.
              (3) Greenhouse gas intensity.--The term ``greenhouse
            gas intensity'' means the ratio of greenhouse gas
            emissions to economic output.

    SEC. 732.\20\ REDUCTION OF GREENHOUSE GAS INTENSITY.

      (a) Lead Agency.--
              (1) In general.--The Department of State shall act as
            the lead agency for integrating into United States
            foreign policy the goal of reducing greenhouse gas
            intensity in developing countries.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 7902. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 732.
    ---------------------------------------------------------------------------
              (2) Reports.--
                      (A) Initial report.--Not later than 180 days
                    after the date of enactment of this part, the
                    Secretary of State shall submit to the
                    appropriate authorizing and appropriating
                    committees of Congress an initial report, based
                    on the most recent information available to the
                    Secretary from reliable public sources, that
                    identifies the 25 developing countries that are
                    the largest greenhouse gas emitters, including
                    for each country--
                              (i) an estimate of the quantity and
                            types of energy used;
                              (ii) an estimate of the greenhouse
                            gas intensity of the energy,
                            manufacturing, agricultural, and
                            transportation sectors;
                              (iii) a description the progress of
                            any significant projects undertaken to
                            reduce greenhouse gas intensity;
                              (iv) a description of the potential
                            for undertaking projects to reduce
                            greenhouse gas intensity;
                              (v) a description of any obstacles to
                            the reduction of greenhouse gas
                            intensity; and
                              (vi) a description of the best
                            practices learned by the Agency for
                            International Development from
                            conducting previous pilot and
                            demonstration projects to reduce
                            greenhouse gas intensity.
                      (B) Update.--Not later than 18 months after
                    the date on which the initial report is
                    submitted under subparagraph (A), the Secretary
                    shall submit to the appropriate authorizing and
                    appropriating committees of Congress, based on
                    the best information available to the
                    Secretary, an update of the information
                    provided in the initial report.
                      (C) Use.--
                              (i) Initial report.--The Secretary of
                            State shall use the initial report
                            submitted under subparagraph (A) to
                            establish baselines for the developing
                            countries identified in the report with
                            respect to the information provided
                            under clauses (i) and (ii) of that
                            subparagraph.
                              (ii) Annual reports.--The Secretary
                            of State shall use the annual reports
                            prepared under subparagraph (B) and any
                            other information available to the
                            Secretary to track the progress of the
                            developing countries with respect to
                            reducing greenhouse gas intensity.
      (b) Projects.--The Secretary of State, in coordination with
    Administrator of the United States Agency for International
    Development, shall (directly or through agreements with the
    World Bank, the International Monetary Fund, the Overseas
    Private Investment Corporation, and other development
    institutions) provide assistance to developing countries
    specifically for projects to reduce greenhouse gas intensity,
    including projects to--
              (1) leverage, through bilateral agreements, funds for
            reduction of greenhouse gas intensity;
              (2) increase private investment in projects and
            activities to reduce greenhouse gas intensity; and
              (3) expedite the deployment of technology to reduce
            greenhouse gas intensity.
      (c) Focus.--In providing assistance under subsection (b), the
    Secretary of State shall focus on--
              (1) promoting the rule of law, property rights,
            contract protection, and economic freedom; and
              (2) increasing capacity, infrastructure, and
            training.
      (d) Priority.--In providing assistance under subsection (b),
    the Secretary of State shall give priority to projects in the
    25 developing countries identified in the report submitted
    under subsection (a)(2)(A).

    SEC. 733.\21\ TECHNOLOGY INVENTORY FOR DEVELOPING COUNTRIES.

      (a) In General.--The Secretary of Energy, in coordination
    with the Secretary of State and the Secretary of Commerce,
    shall conduct an inventory of greenhouse gas intensity reducing
    technologies that are developed, or under development in the
    United States, to identify technologies that are suitable for
    transfer to, deployment in, and commercialization in the
    developing countries identified in the report submitted under
    section 732(a)(2)(A).
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 7903. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 733.
    ---------------------------------------------------------------------------
      (b) Report.--Not later than 180 days after the completion of
    the inventory under subsection (a), the Secretary of State and
    the Secretary of Energy shall jointly submit to Congress a
    report that--
              (1) includes the results of the completed inventory;
              (2) identifies obstacles to the transfer, deployment,
            and commercialization of the inventoried technologies;
              (3) includes results from previous Federal reports
            related to the inventoried technologies; and
              (4) includes an analysis of market forces related to
            the inventoried technologies.

    SEC. 734.\22\ TRADE-RELATED BARRIERS TO EXPORT OF GREENHOUSE GAS
                        INTENSITY REDUCING TECHNOLOGIES.

      (a) In General.--Not later than 1 year after the date of
    enactment of this part, the United States Trade Representative
    shall (as appropriate and consistent with applicable bilateral,
    regional, and mutual trade agreements)--
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 7904. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 734.
    ---------------------------------------------------------------------------
              (1) identify trade-relations barriers maintained by
            foreign countries to the export of greenhouse gas
            intensity reducing technologies and practices from the
            United States to the developing countries identified in
            the report submitted under section 732(a)(2)(A); and
              (2) negotiate with foreign countries for the removal
            of those barriers.
      (b) Annual Report.--Not later than 1 year after the date on
    which a report is submitted under subsection (a)(1) and
    annually thereafter, the United States Trade Representative
    shall submit to Congress a report that describes any progress
    made with respect to removing the barriers identified by the
    United States Trade Representative under subsection (a)(1).

    SEC. 735.\23\ GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGY EXPORT
                        INITIATIVE.

      (a) In General.--There is established an interagency working
    group to carry out a Greenhouse Gas Intensity Reducing
    Technology Export Initiative to--
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 7905. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 735.
    ---------------------------------------------------------------------------
              (1) promote the export of greenhouse gas intensity
            reducing technologies and practices from the United
            States;
              (2) identify developing countries that should be
            designated as priority countries for the purpose of
            exporting greenhouse gas intensity reducing
            technologies and practices, based on the report
            submitted under section 732(a)(2)(A);
              (3) identify potential barriers to adoption of
            exported greenhouse gas intensity reducing technologies
            and practices based on the reports submitted under
            section 734; and
              (4) identify previous efforts to export energy
            technologies to learn best practices.
      (b) Composition.--The working group shall be composed of--
              (1) the Secretary of State, who shall act as the head
            of the working group;
              (2) the Administrator of the United States Agency for
            International Development;
              (3) the United States Trade Representative;
              (4) a designee of the Secretary of Energy;
              (5) a designee of the Secretary of Commerce; and
              (6) a designee of the Administrator of the
            Environmental Protection Agency.
      (c) Performance Reviews and Reports.--Not later than 180 days
    after the date of enactment of this part and each year
    thereafter, the interagency working group shall--
              (1) conduct a performance review of actions taken and
            results achieved by the Federal Government (including
            each of the agencies represented on the interagency
            working group) to promote the export of greenhouse gas
            intensity reducing technologies and practices from the
            United States; and
              (2) submit to the appropriate authorizing and
            appropriating committees of Congress a report that
            describes the results of the performance reviews and
            evaluates progress in promoting the export of
            greenhouse gas intensity reducing technologies and
            practices from the United States, including any
            recommendations for increasing the export of the
            technologies and practices.

    SEC. 736.\24\ TECHNOLOGY DEMONSTRATION PROJECTS.

      (a) In General.--The Secretary of State, in coordination with
    the Secretary of Energy and the Administrator of the United
    States Agency for International Development, shall promote the
    adoption of technologies and practices that reduce greenhouse
    gas intensity in developing countries in accordance with this
    section.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 7906. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 736.
    ---------------------------------------------------------------------------
      (b) Demonstration Projects.--
              (1) In general.--The Secretaries and the
            Administrator shall plan, coordinate, and carry out, or
            provide assistance for the planning, coordination, or
            carrying out of, demonstration projects under this
            section in at least 10 eligible countries, as
            determined by the Secretaries and the Administrator.
              (2) Eligibility.--A country shall be eligible for
            assistance under this subsection if the Secretaries and
            the Administrator determine that the country has
            demonstrated a commitment to--
                      (A) just governance, including--
                              (i) promoting the rule of law;
                              (ii) respecting human and civil
                            rights;
                              (iii) protecting private property
                            rights; and
                              (iv) combating corruption; and
                      (B) economic freedom, including economic
                    policies that--
                              (i) encourage citizens and firms to
                            participate in global trade and
                            international capital markets;
                              (ii) promote private sector growth
                            and the sustainable management of
                            natural resources; and
                              (iii) strengthen market forces in the
                            economy.
              (3) Selection.--In determining which eligible
            countries to provide assistance to under paragraph (1),
            the Secretaries andthe Administrator shall consider--
                      (A) the opportunity to reduce greenhouse gas
                    intensity in the eligible country; and
                      (B) the opportunity to generate economic
                    growth in the eligible country.
              (4) Types of projects.--Demonstration projects under
            this section may include--
                      (A) coal gasification, coal liquefaction, and
                    clean coal projects;
                      (B) carbon sequestration projects;
                      (C) cogeneration technology initiatives;
                      (D) renewable projects; and
                      (E) lower emission transportation.

    SEC. 737.\25\ FELLOWSHIP AND EXCHANGE PROGRAMS.

      The Secretary of State, in coordination with the Secretary of
    Energy, the Secretary of Commerce, and the Administrator of the
    Environmental Protection Agency, shall carry out fellowship and
    exchange programs under which officials from developing
    countries visit the United States to acquire expertise and
    knowledge of best practices to reduce greenhouse gas intensity
    in their countries.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 7907. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 737.
    ---------------------------------------------------------------------------

    SEC. 738.\26\ AUTHORIZATION OF APPROPRIATIONS.

      There are authorized to be appropriated such sums as are
    necessary to carry out this part.
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 7908. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 738.
    ---------------------------------------------------------------------------

    SEC. 739.\27\ EFFECTIVE DATE.

      Except as otherwise provided in this part, this part takes
    effect on October 1, 2005.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 7901 note. Sec. 1611 of the Energy Policy Act of
    2005 (Public Law 109-58; 119 Stat. 1113) added sec. 739.
    ---------------------------------------------------------------------------

                           TITLE VIII--EFFECTIVE DATE

    SEC. 801.\28\ EFFECTIVE DATE.

      Except as otherwise provided in this Act, this Act and the
    amendments made by this Act shall take effect on the date of
    the enactment of this Act.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 262d note.
    b. Providing for U.S. Participation in a Capital Stock Increase for the
    International Bank for Reconstruction and Development and Replenishment
                        of the African Development Fund

    Partial text of H.R. 4645 as passed by the House on September 28, 1988,
        and enacted into law by sec. 555 of Public Law 100-461 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
           1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988

     A BILL To provide for participation by the United States in a capital
        stock increase of the International Bank for Reconstruction and
     Development and a replenishment of the African Development Fund, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ Sec. 1 amended the Bretton Woods Agreements Act (22 U.S.C. 286
    et seq.).
    ---------------------------------------------------------------------------

    SECTION 1.\1\ * * *

    SEC. 2.\2\ * * *

    SEC. 3.\3\ POLICY BASED LENDING FOR DEBT REDUCTION.

        (a) Criteria.--The Secretary of the Treasury shall instruct
    the United States Executive Director of the International Bank
    for Reconstruction and Development to initiate discussions with
    other directors of such bank and to advocate and support the
    facilitation of voluntary market-based programs for the
    reduction of sovereign debt and the promotion of sustainable
    economic development, which, if implemented, would--
    ---------------------------------------------------------------------------
        \2\ Sec. 2 amended the African Development Fund Act (22 U.S.C. 290g
    et seq.).
        \3\ 22 U.S.C. 286hh.
    ---------------------------------------------------------------------------
              (1) not require any organization or government to
            participate in such a program;
              (2) result in debt reduction for each participating
            country tailored to the particular situation of each
            country;
              (3) provide assistance to participating countries
            conditioned on the implementation of economic reforms,
            and the preservation of economic reforms previously
            implemented, by the country that are consistent with
            the principles of sustainable development;
              (4) encourage participating countries to make
            economic adjustments steadily and over a period of time
            in order to achieve policy reform;
              (5) use debt reduction techniques that would not
            compensate commercial banks for the reduction in the
            value of such debt, but would serve as a catalyst for
            new lending;
              (6) involve such bank in lending for purposes of debt
            reduction and conversion only where such involvement
            would not lower the credit rating of such bank;
              (7) not require public sector funding beyond that
            provided through any capital increase for such bank,
            and any replenishment for the International Development
            Association, which is agreed to by the member countries
            of such institutions; and
              (8) accomplish debt reduction, not as an end, but as
            a means to greater growth and investment in, and the
            restoration of voluntary private lending to,
            participating countries for environmentally and
            economically sustainable development.
        (b) Policy Based Lending for Debt Reduction and Sustainable
    Growth.--The Secretary of the Treasury shall instruct the
    United States Executive Director of the International Bank for
    Reconstruction and Development to initiate discussions with
    other directors of such bank and to propose that policy based
    loans be made by such bank for, among other reasons,
    facilitating a reduction in the debt service burden of any
    country which is participating in a voluntary market-based
    program for debt reduction described in subsection (c).
        (c) Voluntary Market-Based Program for Debt Reduction and
    Sustainable Growth.--In connection with the discussions
    initiated pursuant to subsection (b), The Secretary shall
    instruct the United States Executive Director of the
    International Bank for Reconstruction and Development to
    propose that a country be considered to be participating in a
    voluntary market-based program of debt reduction for purposes
    of subsection (b) if the creditors of such country agree to
    significantly reduce the debt service of such country through
    forgiveness of a percentage of the interest owed by such
    country on any sovereign debt or through any other means.
        (d) Reports.--Not later than March 1, 1989, March 1, 1991,
    and March 1, 1993, respectively, the Secretary of the Treasury
    shall submit to the Committee on Banking, Finance and Urban
    Affairs \4\ of the House of Representatives and the Committee
    on Foreign Relations of the Senate 3 reports each of which--
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------
              (1) describes the long term strategy and lending
            programs of the International Bank for Reconstruction
            and Development for reducing and managing the debt
            burden of the countries designated as ``Highly Indebted
            Countries'' in the 1987-1988 World Debt Tables
            published by such bank, and summarize the long term
            strategy and lending programs of such bank for other
            seriously indebted countries;
              (2) contains an explanation of the measures taken by
            such bank to facilitate the reduction of the debt
            burden of the countries designated as ``Highly Indebted
            Countries'' in the 1987-1988 World Debt Tables
            published by such bank;
              (3) describes the extent (if any) to which such bank
            has implemented the measures described in subsections
            (b) and (c); and
              (4) describes the success each of such countries has
            had in managing and reducing their debt burdens and
            achieving sustainable and equitable economic growth as
            measured by criteria including the ratio of debt
            service to exports, the ratio of debt to gross national
            product, net resource flows, and per capita income.
        (e) Review by House Banking Committee.--On receipt of each
    report required to be submitted pursuant to subsection (d), and
    after consultation with the Secretary of the Treasury, the
    Committee on Banking, Finance and Urban Affairs \4\ of the
    House of Representatives shall forward such report to the
    Committee on Appropriations of the House of Representatives
    with an assessment by the Committee on Banking, Finance and
    Urban Affairs \4\ describing the effect on the international
    debt situation of funding the subscription of the United States
    to the shares of capital stock of the International Bank for
    Reconstruction and Development due for payment by the United
    States in the then next fiscal year.

    SEC. 4.\5\ LIMITATIONS ON WORLD BANK POLICY BASED LENDING; ACTIONS
                        REQUIRED TO BE TAKEN TO OPPOSE EXCESSIVE POLICY
                        BASED LENDING BY WORLD BANK.

        The Secretary of the Treasury shall--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 286ii.
    ---------------------------------------------------------------------------
              (1) take all necessary steps to encourage the
            International Bank for Reconstruction and Development
            to limit--
                      (A) the aggregate value of the policy based
                    loans made by such bank (other than for the
                    purpose described in section 3(b)) in any
                    fiscal year of such bank beginning after June
                    30, 1989, to 25 percent of the aggregate value
                    of all loans made by such bank in such fiscal
                    year; and
                      (B) the aggregate value of the policy based
                    loans made by such bank to the government of a
                    particular country (other than for the purpose
                    described in section 3(b)) in any fiscal year
                    of such bank beginning after June 30, 1989, and
                    occurring during any period of 3 consecutive
                    fiscal years of such bank (determined after
                    disregarding any such fiscal year in which such
                    bank did not make a policy based loan to such
                    government), to 50 percent of the aggregate
                    value of all loans made by such bank to such
                    government during such 3-year period;
              (2) instruct the United States Executive Director of
            such bank to propose and actively seek the adoption by
            the board of Executive Directors of such bank of a
            resolution establishing as official bank operating
            policy for fiscal years 1990 through 1995 of such bank
            the limits specified in paragraph (1); and
              (3) until the resolution described in paragraph (2)
            is adopted, undertake, in consultation with the
            Secretary of State, discussions with other member
            country governments to secure the consent and
            cooperation of such governments with respect to the
            adoption of the limits specified in paragraph (1).

    SEC. 5.\6\ PARTIAL GUARANTEES IN CONNECTION WITH DEBT REDUCTION FOR
                        BORROWER COUNTRIES.

        The Secretary of the Treasury shall instruct the United
    States Executive Director of the International Bank for
    Reconstruction and Development to initiate discussion with
    other directors of such bank and to propose that such bank
    establish criteria under which such bank would provide partial
    guarantees on debt service payments by borrower countries to
    private creditors when such guarantees would serve a catalytic
    role in facilitating final agreement on financing packages
    which involve significant debt reduction.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 286jj.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 12. SENSE OF CONGRESS REGARDING IMPROVING ACCESS OF SMALL
                        BUSINESSES TO WORLD BANK PROCUREMENT.

        It is the sense of the Congress that the Secretary of the
    Treasury should--
              (1) attach a high priority to facilitating the
            efforts of small businesses to gain access to the
            process for bidding on contracts offered by the
            International Bank for Reconstruction and Development
            for--
                      (A) the procurement of goods and services
                    associated with projects financed by such bank;
                    and
                      (B) consulting services required in the
                    operation of such bank;
              (2) coordinate the efforts of the Department of the
            Treasury with the efforts of other appropriate agencies
            of the United States Government, particularly with
            regard to the dissemination of information on specific
            opportunities offered by such bank to assist small
            businesses located in the United States; and
              (3) encourage the United States Executive Director of
            such bank to work with the management of such bank in
            developing programs within such bank designed to
            improve opportunities for small businesses located in
            member countries of such bank to bid successfully for
            contracts described in paragraph (1).
              * * * * * * *
     c. Providing for Increased Participation by the United States in the
     Inter-American Development Bank, the Asian Development Bank, and the
                            African Development Fund

    Partial text of Public Law 96-259 [S. 662], 94 Stat. 429, approved June
        3, 1980; as amended by Public Law 97-375 [Congressional Reports
     Elimination Act of 1982; H.R. 6005], 99 Stat. 1821, approved December
    21, 1982; and Public Law 101-240 [International Development and Finance
      Act of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989

     AN ACT To provide for increased participation by the United States in
     the Inter-American Development Bank, the Asian Development Bank, and
                         the African Development Fund.

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

              Note.--Except for the provisions included below, this
            Act consisted of amendments to the Inter-American
            Development Bank Act, the Asian Development Bank Act,
            the African Development Fund Act, and the Act of
            October 3, 1977. These amendments have been
            incorporated at the appropriate places.

              * * * * * * *

           TITLE VI--USE OF RENEWABLE RESOURCES FOR ENERGY PRODUCTION

        Sec. 601.\1\ The Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 262j note.
    ---------------------------------------------------------------------------
              (1) without an adequate supply of energy at
            affordable prices the world's poor will continue to be
            deprived of jobs, food, water, shelter, and clothing,
            and poor countries will continue to be economically and
            politically unstable;
              (2) dependence on increasingly expensive fossil fuel
            resources consumes too much of the capital available to
            poor countries with the result that funds are not
            available to meet the basic needs of poor people;
              (3) in many developing countries the cost of large
            central generators and long distance electrical
            distribution makes it unlikely that rural energy by
            means of a national grid will contribute to meeting the
            needs of poor people;
              (4) only one of eight rural inhabitants lives in an
            area which has access to electricity and even fewer
            rural inhabitants actually have or can afford
            electricity;
              (5) wood, animal and agricultural waste, and other
            ``noncommercial'' fuels still supply about half the
            total energy in developing countries and all but a
            seventh in rural sectors;
              (6) growing dependence of the world's poor on wood
            for heating and cooking has forced the overcutting of
            forests and as a consequence erosion and loss of
            available agricultural land; and
              (7) recent initiatives by the international financial
            institution to develop and utilize decentralized solar,
            hydro, biomass, geothermal, and wind energy should be
            significantly expanded to make renewable energy
            resources increasingly available to the world's poor on
            a wide scale.
        Sec. 602.\2\ (a) The United States Government, in
    connection with its voice and vote in the Inter-American
    Development Bank, the African Development Fund, and the Asian
    Development Bank, shall encourage such institutions--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 262j.
    ---------------------------------------------------------------------------
              (1) to promote the decentralized production of
            renewable energy;
              (2) to identify renewable resources to produce energy
            in rural development projects and determine the
            feasibility of substituting them for systems using
            fossil fuel;
              (3) to train personnel in developing technologies for
            getting energy from renewable resources;
              (4) to support research into the use of renewable
            resources, including hydropower, biomass, solar
            photovoltaic, and solar thermal;
              (5) to support an information network to make
            available to policymakers the full range of energy
            choices;
              (6) to broaden their energy planning, analyses, and
            assessments to include consideration of the supply of,
            demand for, and possible uses of renewable resources;
            and
              (7) to coordinate with the Agency for International
            Development and other aid organizations in supporting
            effective rural energy programs.
        (b) For purposes of this section, the term ``renewable
    resource'' means an energy resource which--
              (1) meets the needs of rural communities;
              (2) saves capital without wasting labor;
              (3) is modest in scale and simple to install and
            maintain and which can be managed by local individuals;
              (4) is acceptable and affordable; and
              (5) does not damage the environment.
        (c) \3\ * * * [Repealed--1982]
    ---------------------------------------------------------------------------
        \3\ Public Law 97-375 (99 Stat. 1821) repealed sec. 602(c), which
    previously read as follows:
        ``(c) The Secretary of the Treasury, in consultation with the
    Director of the United States International Development Cooperation
    Agency, shall report to the Congress not later than six months after
    the date of enactment of this Act and annually thereafter on the
    progress toward achieving the goals set forth in this title.''.
     3. Other Legislation Relating to International Financial Institutions

                  a. International Financial Institutions Act

    Partial text of Public Law 95-118 [H.R. 5262], 91 Stat. 1067, approved
    October 3, 1977; as amended by Public Law 96-259 [S. 662], 94 Stat. 429
     at 431, approved June 3, 1980; Public Law 97-35 [H.R. 3982], 95 Stat.
        357 at 743 and 745, approved August 13, 1981; Public Law 97-375
     [Congressional Reports Elimination Act of 1982; H.R. 6005], 96 Stat.
          1819 at 1826, approved December 21, 1982; Public Law 98-181
     [Supplemental Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at
       1286, approved November 30, 1983; Public Law 100-202 [Continuing
    Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December
     22, 1987; H.R. 4645 as passed by the House on September 28, 1988, and
      enacted into law by Public Law 100-461 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1989; H.R. 4637],
         102 Stat. 2268, approved October 1, 1988; Public Law 101-240
    [International Development and Finance Act; H.R. 2494], 103 Stat. 2492,
      approved December 19, 1989; Public Law 101-513 [Foreign Operations,
     Export Financing, and Related Programs Appropriations Act, 1991; H.R.
     5114], 104 Stat. 1979, approved November 5, 1990; Public Law 102-511
     [FREEDOM Support Act, S. 2532], 106 Stat. 3320, approved October 24,
     1992; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal
      Years 1994 and 1995; H.R. 2333], 107 Stat. 382, approved April 30,
      1994; Public Law 103-306 [Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1995; H.R. 4426], 108 Stat. 1608,
        approved August 23, 1994; Public Law 104-132 [Antiterrorism and
    Effective Death Penalty Act of 1996; S. 735], 110 Stat. 1214, approved
    April 24, 1996; Public Law 104-188 [Small Business Job Protection Act;
     H.R. 3448], 110 Stat. 1755, approved August 20, 1996; Public Law 104-
    208 [Omnibus Consolidated Appropriations Act for Fiscal Year 1997; H.R.
    3610], 110 Stat. 3009, approved September 30, 1996; Public Law 105-118
          [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1998; H.R. 2159], 111 Stat. 2386, approved November
     26, 1997; Public Law 105-277 [Omnibus Consolidated Appropriations Act
    for Fiscal Year 1999; H.R. 4328], 112 Stat. 2681, approved October 21,
    1998; Public Law 105-292 [International Religious Freedom Act of 1998;
    H.R. 2431] 112 Stat. 2787, approved October 27, 1998; Public Law 106-31
     [1999 Emergency Supplemental Appropriations Act; H.R. 1141] 113 Stat
     57, approved May 21, 1999; Public Law 106-36 [Miscellaneous Trade and
     Technical Corrections Act of 1999, H.R. 435], 113 Stat. 127, approved
       June 15, 1999; Public Law 106-113 [Fiscal Year 2000 Consolidated
     Appropriations Act; H.R. 3194], 113 Stat. 1501, approved November 29,
    1999; Public Law 106-200 [Trade and Development Act of 2000, H.R. 434],
     approved May 18, 2000; Public Law 106-429 [Foreign Operations, Export
     Financing and Related Programs Appropriations Act, 2001; H.R. 4811],
     114 Stat. 1900, approved November 6, 2000; Public Law 108-25 [United
     States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
    2003; H.R. 1298], 117 Stat. 747, approved May 27, 2003; Public Law 108-
        447 [Foreign Operations, Export Financing and Related Programs
    Appropriations Act, 2005; division D of the Consolidated Appropriations
       Act, 2005; H.R. 4818], 118 Stat. 3037, approved December 8, 2004;
      Public Law 108-458 [9/11 Commission Implementation Act of 2004; S.
     2845], 118 Stat. 3860, approved December 17, 2004; and Public Law 109-
        102 [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2006; H.R. 3057], 119 Stat. 2241, approved November
                                    14, 2005

              Note.--Except for the provisions noted below, this
            Act consists of amendments to the Bretton Woods
            Agreements Act, International Finance Corporation Act,
            International Development Association Act, Asian
            Development Bank Act, African Development Fund Act, and
            the Inter-American Development Bank Act.

     AN ACT To provide for increased participation by the United States in
        the International Bank for Reconstruction and Development, the
       International Development Association, the International Finance
    Corporation, the Asian Development Bank and the Asian Development Fund,
                            and for other purposes.

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

                                  short title

        Section 1.\1\ This Act may be cited as the International
    Financial Institutions Act.
    ---------------------------------------------------------------------------
        \1\ Sec. 1361(a) of Public Law 97-35 (95 Stat. 745) added sec. 1.
    ---------------------------------------------------------------------------

      TITLE I--PURPOSE AND POLICY; DECLARATION OF CONGRESSIONAL INTENT IN
     RESPECT TO CONTINUED PARTICIPATION OF THE UNITED STATES GOVERNMENT IN
    INTERNATIONAL FINANCIAL INSTITUTIONS FOSTERING ECONOMIC DEVELOPMENT IN
                            LESS DEVELOPED COUNTRIES

        Sec. 101.\2\ (a) It is the sense of Congress that--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 262c.
    ---------------------------------------------------------------------------
              (1) for humanitarian, economic, and political
            reasons, it is in the national interest of the United
            States to assist in fostering economic development in
            the less developed countries of this world;
              (2) the development-oriented international financial
            institutions have proved themselves capable of playing
            a significant role in assisting economic development by
            providing to less developed countries access to capital
            and technical assistance and soliciting from them
            maximum self-help and mutual cooperation;
              (3) this has been achieved with minimal risk of
            financial loss to contributing countries;
              (4) such institutions have proved to be an effective
            mechanism for sharing the burden among developed
            countries of stimulating economic development in the
            less developed world; and
              (5) although continued United States participation in
            the international financial institutions is an
            important part of efforts by the United States to
            assist less developed countries, more of this burden
            should be shared by other developed countries. As a
            step in that direction, in future negotiations, the
            United States should work toward aggregate
            contributions to future replenishments to international
            financial institutions covered by this Act not to
            exceed 25 per centum.
        (b) The Congress recognizes that economic development is a
    long-term process needing funding commitments to international
    financial institutions. It also notes that the availability of
    funds for the United States contribution to international
    financial institutions is subject to the appropriations
    process.
              * * * * * * *

                            TITLE VII--HUMAN RIGHTS

        Sec. 701.\3\, \4\ (a) \5\ The United States
    Government, in connection with its voice and vote in the
    International Bank for Reconstruction and Development, the
    International Development Association, the International
    Finance Corporation, the Inter-American Development Bank, the
    African Development Fund, the Asian Development Bank, the
    African Development Bank, the European Bank for Reconstruction
    and Development, and the International Monetary Fund,\6\ shall
    advance the cause of human rights, including by seeking to
    channel assistance toward countries other than those whose
    governments engage in--
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        \3\ 22 U.S.C. 262d.
        \4\ Sec. 701 was invoked in sec. 586G(a)(5) of the Iraq Sanctions
    Act of 1990, as contained in the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2052).
        See also sec. 561, related to war criminals, and sec. 563, related
    to funding for Serbia, in the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
    Stat. 2172, et. seq.).
        See also sec. 1621 of this Act.
        \5\ Sec. 823(a) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 512), provided the
    following:
        ``(a) In General.--The Secretary of the Treasury shall instruct the
    United States executive director to each of the international financial
    institutions described in section 701(a) of the International Financial
    Institutions Act (22 U.S.C. 262d(a)) to use the voice and vote of the
    United States to oppose any use of the institution's funds to promote
    the acquisition of unsafeguarded special nuclear material or the
    development, stockpiling, or use of any nuclear explosive device by any
    non-nuclear-weapon state.''.
        See also amendment and note at subsec. (b)(3) of this section.
        \6\ Sec. 1342(b) of Public Law 97-35 (95 Stat. 743) added the
    reference to the African Development Bank. Sec. 1008(a) of the FREEDOM
    Support Act (Public Law 102-511; 106 Stat. 3361) added the reference to
    the European Bank for Reconstruction and Development and the
    International Monetary Fund.
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              (1) a \7\ pattern of gross violations of
            internationally recognized human rights, such as
            torture or cruel, inhumane, or degrading treatment or
            punishment, prolonged detention without charges, or
            other flagrant denial to life, liberty, and the
            security of person; or
    ---------------------------------------------------------------------------
        \7\ Sec. 1004(1) of Public Law 98-181 (97 Stat. 1286) struck out
    the word ``consistent'' which previously appeared at this point.
    ---------------------------------------------------------------------------
              (2) provide refuge to individuals committing acts of
            international terrorism by hijacking aircraft.
        (b) Further, the Secretary of the Treasury shall instruct
    each Executive Director of the above institutions to consider
    in carrying out his duties:
              (1) specific actions by either the executive branch
            or the Congress as a whole on individual bilateral
            assistance programs because of human rights
            considerations;
              (2) the extent to which the economic assistance
            provided by the above institutions directly benefit the
            needy people in the recipient country;
              (3) \8\ whether the recipient country--
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        \8\ Sec. 823(b) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 512), amended and
    restated subsec. (b)(3). It formerly read as follows:
        ``(3) whether the recipient country has detonated a nuclear device
    or is not a State Party to the Treaty on Non-Proliferation of Nuclear
    Weapons or both; and''.
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                      (A) is seeking to acquire unsafeguarded
                    special nuclear material (as defined in section
                    830(8) of the Nuclear Proliferation Prevention
                    Act of 1994) or a nuclear explosive device (as
                    defined in section 830(4) of that Act);
                      (B) is not a State Party to the Treaty on the
                    Non-Proliferation of Nuclear Weapons; or
                      (C) has detonated a nuclear explosive device;
                    and
              (4) in relation to assistance for the Socialist
            Republic of Vietnam, the People's Democratic Republic
            of Laos, Russia and the other independent states of the
            former Soviet Union (as defined in section 3 of the
            Freedom for Russia and Emerging Eurasian Democracies
            and Open Markets Support Act of 1992),\9\ and
            Democratic Kampuchea (Cambodia), the responsiveness of
            the governments of such countries in providing a more
            substantial accounting of Americans missing in action.
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        \9\ Sec. 1008(b) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3362) inserted ``Russia and the other independent states of
    the former Soviet Union (as defined in section 3 of the Freedom for
    Russia and Emerging Eurasian Democracies and Open Markets Support Act
    of 1992),'' after ``Laos,''.
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      (c) \10\ (1) The Secretary of the Treasury shall report
    annually \11\ on all loans considered by the Boards of
    Executive Directors of the institutions listed in subsection
    (a) to the Chairman and ranking minority member of the
    Committee on Banking, Finance and Urban Affairs \12\ of the
    House of Representatives, or the designees of such Chairman and
    ranking minority member, and the Chairman and ranking minority
    member of the Committee on Foreign Relations of the Senate.
    ---------------------------------------------------------------------------
        \10\ Sec. 541(c) of the International Development and Finance Act
    of 1989 (Public Law 101-240; 103 Stat. 2517) amended and restated
    subsec. (c).
        \11\ Sec. 1103(g) of Public Law 106-569 (114 Stat. 3031) struck out
    ``Not later than 30 days after the end of each calendar quarter, the
    Secretary of the Treasury shall report quarterly'' and inserted in lieu
    thereof ``The Secretary of the Treasury shall report annually''.
        \12\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
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      (2) Each report required by paragraph (1) shall--
              (A) include a list of all loans considered by the
            Board of Executive Directors of the institutions listed
            in subsection (a) and shall specify with respect to
            each such loan--
                      (i) the institution involved;
                      (ii) the date of final action;
                      (iii) the borrower;
                      (iv) the amount;
                      (v) the project or program;
                      (vi) the vote of the United States
                    Government;
                      (vii) the reason for United States Government
                    opposition, if any;
                      (viii) the final disposition of the loan; and
                      (ix) if the United States Government opposed
                    the loan, whether the loan meets basic human
                    needs;
              (B) indicate whether the United States has opposed
            any loan, financial assistance, or technical assistance
            to a country on human rights grounds;
              (C) indicate whether the United States has voted in
            favor of a loan, financial assistance, or technical
            assistance to a country with respect to which the
            United States had, in the preceding 2 years, opposed a
            loan, financial assistance, or technical assistance on
            human rights grounds; and
              (D) in cases where the United States changed its
            voting position from opposition to support or from
            support to opposition, on human rights grounds--
                      (i) indicate the policy considerations that
                    were taken into account in the development of
                    the United States voting position;
                      (ii) describe human rights conditions in the
                    country involved;
                      (iii) indicate how the United States voted on
                    all other loans, financial assistance, and
                    technical assistance to such country during the
                    preceding 2 years; and
                      (iv) contain information as to how the United
                    States voting position relates to the overall
                    United States Government policy on human rights
                    in such country.
        (d) The United States Government, in connection with its
    voice and vote in the institutions listed in subsection (a),
    shall seek to channel assistance to projects which address
    basic human needs of the people of the recipient country.\13\
    ---------------------------------------------------------------------------
        \13\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(e)(8)
    of that Act repealed the last sentence of this subsection.
    ---------------------------------------------------------------------------
        (e) In determining whether a country is in gross violation
    of internationally recognized human rights standards, as
    defined by the provisions of subsection (a), the United States
    Government shall give consideration to the extent of
    cooperation of such country in permitting an unimpeded
    investigation of alleged violations of internationally
    recognized human rights by appropriate international
    organizations including, but not limited to, the International
    Committee of the Red Cross, Amnesty International, the
    International Commission of Jurists, and groups or persons
    acting under the authority of the United Nations or the
    Organization of American States.
        (f) The United States Executive Directors of the
    institutions listed in subsection (a) are authorized and
    instructed to oppose any loan, any extension of financial
    assistance, or any technical assistance to any country
    described in subsection (a) (1) or (2), unless such assistance
    is directed specifically to programs which serve the basic
    human needs of the citizens of such country.
        The \14\ Secretary of the Treasury or his delegate shall
    consult frequently and in a timely manner with the chairmen and
    ranking minority members of the Committee on Banking, Finance
    and Urban Affairs \12\ of the House of Representatives and of
    the Committee on Foreign Relations of the Senate \15\ to inform
    them regarding any prospective changes in policy direction
    toward counties which have or recently have had poor human
    rights records.
    ---------------------------------------------------------------------------
        \14\ This sentence was enacted as para. (2) of subsec. (g) by sec.
    501(b) of Public Law 96-259 (94 Stat. 432). Sec. 541 of the
    International Development and Finance Act of 1989 (Public Law 101-240;
    103 Stat. 2518) consolidated several reporting requirements into new
    secs. 1701 through 1703 and titles XVIII and XIX of the International
    Financial Institutions Act and repealed duplicative requirements in
    other legislation. Sec. 541(d)(4) of that Act repealed subsec. (g)(1).
    Sec. 562(b)(2) of Public Law 101-513 (104 Stat. 2034) subsequently
    struck out paragraph designation ``(2)'' at the beginning of this
    paragraph.
        \15\ Sec. 562(b)(2) of Public Law 101-513 (104 Stat. 2034) struck
    out ``specified in paragraph (1)'' and inserted ``of the Committee on
    Banking, Finance and Urban Affairs of the House of Representatives and
    of the Committee on Foreign Relations of the Senate''. See also note
    12.
    ---------------------------------------------------------------------------
        (g)\16\ In determining whether the government of a country
    engages in a pattern of gross violations of internationally
    recognized human rights, as described in subsection (a), the
    President shall give particular consideration to whether a
    foreign government--
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        \16\ Sec. 422 of the International Religious Freedom Act of 1998
    (Public Law 105-292; 112 Stat. 2810) added subsec. (g).
    ---------------------------------------------------------------------------
              (1) has engaged in or tolerated particularly severe
            violations of religious freedom, as defined in section
            3 of the International Religious Freedom Act of 1998;
            or
              (2) has failed to undertake serious and sustained
            efforts to combat particularly severe violations of
            religious freedom when such efforts could have been
            reasonably undertaken.
        Sec. 702. Section 28 of the Inter-American Development Bank
    Act, as amended (22 U.S.C. 283y), section 211 of the Act of May
    31, 1976 (22 U.S.C. 290g-9), and section 15 of the
    International Development Association Act, as amended (22
    U.S.C. 284m), are repealed.
        Sec. 703.\17\ (a) The Secretary of State and the Secretary
    of the Treasury shall initiate a wide consultation designed to
    develop a viable standard for the meeting of basic human needs
    and the protection of human rights and a mechanism for acting
    together to insure that the rewards of international economic
    cooperation are especially available to those who subscribe to
    such standards and are seen to be moving toward making them
    effective in their own system of governance.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 262c note.
    ---------------------------------------------------------------------------
        (b) Not later than one year after the date of enactment of
    this Act, the Secretary of State and the Secretary of the
    Treasury shall report to the President of the Senate and the
    Speaker of the House of Representatives on the progress made in
    carrying out this section.
        Sec. 704.\18\ The President shall direct the United States
    Executive Directors of such international financial
    institutions to take all appropriate actions to keep the
    salaries and benefits of the employees of such institutions to
    levels comparable to salaries and benefits of employees of
    private business and the United States Government in comparable
    positions.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 262e. Sec. 501 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2006 (Public Law
    109-102; 119 Stat. 2195), provided the following:
    ---------------------------------------------------------------------------

    ``compensation for united states executive directors to international
    financial institutions
    ---------------------------------------------------------------------------

        ``Sec. 501. (a) No funds appropriated by this Act may be made as
    payment to any international financial institution while the United
    States Executive Director to such institution is compensated by the
    institution at a rate which, together with whatever compensation such
    Director receives from the United States, is in excess of the rate
    provided for an individual occupying a position at level IV of the
    Executive Schedule under section 5315 of title 5, United States Code,
    or while any alternate United States Director to such institution is
    compensated by the institution at a rate in excess of the rate provided
    for an individual occupying a position at level V of the Executive
    Schedule under section 5316 of title 5, United States Code.
        ``(b) For purposes of this section `international financial
    institutions' are: the International Bank for Reconstruction and
    Development, the Inter-American Development Bank, the Asian Development
    Bank, the Asian Development Fund, the African Development Bank, the
    African Development Fund, the International Monetary Fund, the North
    American Development Bank, and the European Bank for Reconstruction and
    Development.''.
    ---------------------------------------------------------------------------
        Sec. 705.\19\ The President shall direct the United States
    Governor of the International Bank for Reconstruction and
    Development, the United States Governor of the International
    Finance Corporation, the United States Governor of the
    International Development Association, the United States
    Governor of the Inter-American Development Bank, the United
    States Governor of the Asian Development Bank, and the United
    States Governor of the African Development Fund, to consult
    with the other Governors of those institutions concerning
    adoption of an amendment to the Articles of Agreement of their
    respective institutions to establish human rights standards to
    be considered in connection with each application for
    assistance.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 262d note. Sec. 501(c) of Public Law 96-259 (94
    Stat. 432) added sec. 705.
    ---------------------------------------------------------------------------

                      TITLE VIII--LIGHT CAPITAL TECHNOLOGY

        Sec. 801.\20\ The United States Government, in connection
    with its voice and vote in the International Bank for
    Reconstruction and Development, the International Development
    Association, the International Finance Corporation, the Inter-
    American Development Bank, the African Development Fund, the
    Asian Development Bank, and the African Development Bank,\21\
    shall promote the development and utilization of light capital
    technologies, otherwise known as intermediate, appropriate, or
    village technologies, by such international institutions as
    major facets of their development strategies, with major
    emphasis on the production and conservation of energy through
    light capital technologies.\22\
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 262f.
        \21\ Sec. 1342(c) of Public Law 97-35 (95 Stat. 743) added the
    reference to the African Development Bank.
        \22\ Subsec. (b), which previously appeared at this point and had
    required an annual report on the goals expressed in this title, was
    struck out by sec. 1371(b) of Public Law 97-35 (95 Stat. 746).
    ---------------------------------------------------------------------------

               TITLE IX--HUMAN NUTRITION IN DEVELOPING COUNTRIES

        Sec. 901.\23\ The Congress declares it to be the policy of
    the United States, in connection with its voice and vote in the
    International Bank for Reconstruction and Development, the
    International Development Association, the International
    Finance Corporation, the Inter-American Development Bank, the
    African Development Fund, the Asian Development Fund, and the
    Asian Development Bank, to combat hunger and malnutrition and
    to encourage economic development in the developing countries,
    with emphasis on assistance to those countries that are
    determined to improve their own agricultural production, by
    seeking to channel assistance for agriculturally related
    development to projects that would aid in fulfilling domestic
    food and nutrition needs and in alleviating hunger and
    malnutrition in the recipient country. The United States
    representatives to the institutions named in this section shall
    oppose any loan or other financial assistance for establishing
    or expanding production for export of palm oil, sugar, or
    citrus crops if such loan or assistance will cause injury to
    United States producers of the same, similar, or competing
    agricultural commodity.\22\
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 262g.
    ---------------------------------------------------------------------------

                            TITLE X--EFFECTIVE DATE

        Sec. 1001.\24\ This Act shall take effect on the date of
    its enactment, except that no funds authorized to be
    appropriated by any amendment contained in title II, III, IV,
    V, or VI may be available for use or obligation prior to
    October 1, 1977.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 282r note.
    ---------------------------------------------------------------------------

                TITLE XI--TARGETING ASSISTANCE TO THE NEEDY \25\

        Sec. 1101.\26\ (a) The Congress finds that there is a need
    for concerted international efforts to deal with the problems
    of malnutrition, low life expectancy, childhood disease,
    underemployment, and low productivity in developing countries.
    ---------------------------------------------------------------------------
        \25\ Sec. 1361(b) of Public Law 97-35 (95 Stat. 745) added titles
    XI and XII.
        \26\ 22 U.S.C. 262g-1.
    ---------------------------------------------------------------------------
        (b) The Congress notes with approval that the Inter-
    American Development Bank, under the terms of its Fifth
    Replenishment, has adopted the target that 50 percent of its
    lending benefit the poorest groups and has developed a usable
    methodology for determining the proportion of its lending which
    benefits such groups.
        Sec. 1102.\27\ (a) The Secretary of the Treasury shall
    consult with representatives of other member countries of the
    International Bank for Reconstruction and Development, the
    International Development Association, the Asian Development
    Bank, the African Development Fund, and the African Development
    Bank (if the United States becomes a member of that Bank), for
    the purpose of establishing guidelines within each of those
    institutions which specify that, in a manner consistent with
    the purposes and charters of those institutions, a specified
    proportion of the annual lending by each institution shall be
    designed to benefit needy people, primarily by financing sound,
    efficient, productive, self-sustaining projects designed to
    benefit needy people in developing countries, thus helping poor
    people improve their conditions of life.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 262g-2.
    ---------------------------------------------------------------------------
        (b) The Congress finds that projects to construct basic
    infrastructure, to expand productive capacity (including
    private enterprise), and to address social problems can all
    meet the objectives of this section if they are designed and
    implemented properly. For the purposes of this title, ``needy
    people'' means those people living in ``absolute'' or
    ``relative'' poverty as determined under the standards employed
    by the International Bank for Reconstruction and Development
    and the International Development Association.
        Sec. 1103.\28\ * * * [Repealed--1989]
    ---------------------------------------------------------------------------
        \28\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(d)(4)
    repealed sec. 1103.
    ---------------------------------------------------------------------------

                  TITLE XII--CONGRESSIONAL CONSULTATIONS \25\

        Sec. 1201.\29\ The Secretary of the Treasury or his
    designee shall consult with the Chairman and the Ranking
    Minority Member of--
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 262g-3.
    ---------------------------------------------------------------------------
              (1) the Committee on Banking, Finance and Urban
            Affairs \12\ of the House of Representatives, the
            Committee on Appropriations of the House of
            Representatives, and the appropriate subcommittee of
            each such committee, and
              (2) the Committee on Foreign Relations of the Senate,
            the Committee on Appropriations of the Senate, and the
            appropriate subcommittee of each such committee,
    for the purpose of discussing the position of the executive
    branch and the views of the Congress with respect to any
    international negotiations being held to consider future
    replenishments or capital expansions of any multilateral
    development bank which may involve an increased contribution or
    subscription by the United States. Such consultation shall be
    made (A) not later than 30 days before the initiation of such
    international negotiations, (B) during the period in which such
    negotiations are being held, in a frequent and timely manner,
    and (C) before a session of such negotiations is held at which
    the United States representatives may agree to such a
    replenishment or capital expansion.

                        TITLE XIII--THE ENVIRONMENT \30\

        Sec. 1301.\31\ The Congress finds that--
    ---------------------------------------------------------------------------
        \30\ Titles XIII through XVI were added by sec. 701 of H.R. 3750,
    as introduced by the House Committee on Banking, Finance and Urban
    Affairs, on Dec. 11, 1987, and enacted into law by Title I of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988, (sec. 101(e) of the Continuing
    Appropriations, 1988; Public Law 100-202; 101 Stat. 1329 at 1329-134).
        See also sec. 533 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2013; 22 U.S.C. 262l), and sec. 532 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1993 (Public
    Law 102-391; 106 Stat. 1666; 22 U.S.C. 262l), relating to environment
    and global warming, in Legislation on Foreign Relations Through 2005,
    vol. I-A.
        \31\ 22 U.S.C. 262m.
    ---------------------------------------------------------------------------
              (1) United States assistance to the multilateral
            development banks should promote sustainable use of
            natural resources and the protection of the
            environment, public health, and the status of
            indigenous peoples in developing countries;
              (2) multilateral development bank projects, policies,
            and loans have failed in some cases to provide adequate
            safeguards for the environment, public health, natural
            resources, and indigenous peoples;
              (3) many development efforts of the multilateral
            development banks are more enduring and less costly if
            based on consultations with directly affected
            population groups and communities;
              (4) developing country governments sometimes do not
            ensure that appropriate policies and procedures are in
            place to use natural resources sustainably or consult
            with affected population groups and communities, where
            costs could be reduced or benefits made more enduring;
            and
              (5) in general, the multilateral development banks do
            not yet provide systematic and adequate assistance to
            their borrowers to encourage sustainable resource use
            and consultation with affected communities, where costs
            could be reduced or benefits made more enduring.
        Sec. 1302.\32\ The Secretary of the Treasury and the
    Secretary of State, in cooperation with the Administrator of
    the Agency for International Development, shall vigorously
    promote mechanisms to strengthen the environmental performance
    of these banks. These mechanisms shall include strengthening
    organizational, administrative, and procedural arrangements
    within the banks which will substantially improve management of
    assistance programs necessary to ensure the sustainable use of
    natural resources and the protection of indigenous peoples.
    ---------------------------------------------------------------------------
        \32\ 22 U.S.C. 262m-1.
    ---------------------------------------------------------------------------
        Sec. 1303.\33\ (a)(1) In the course of reviewing assistance
    proposals of the multilateral development banks, the
    Administrator of the Agency for International Development, in
    consultation with the Secretary of the Treasury and the
    Secretary of State, shall ensure that other agencies and
    appropriate United States embassies and overseas missions of
    the Agency for International Development are instructed to
    analyze, where feasible, the environmental impacts of
    multilateral development loans well in advance of such loans'
    approval by the relevant institutions to determine whether the
    proposals will contribute to the sustainable development of the
    borrowing country.
    ---------------------------------------------------------------------------
        \33\ 22 U.S.C. 262m-2.
    ---------------------------------------------------------------------------
              (2) To the extent possible, such reviews shall
            address the economic viability of the project, adverse
            impacts on the environment, natural resources, public
            health, and indigenous peoples, and recommendations as
            to measures, including alternatives, that could
            eliminate or mitigate adverse impacts.
              (3) If there is reason to believe that any such loan
            is particularly likely to have substantial adverse
            impacts, the Administrator of the Agency for
            International Development, in consultation with the
            Secretary of the Treasury and the Secretary of State,
            shall ensure that an affirmative investigation of such
            impacts is undertaken in consultation with relevant
            Federal agencies. If not classified under the national
            security system of classification, the information
            collected pursuant to this paragraph shall be made
            available to the public.
        (b)(1) \34\ The Secretary of the Treasury shall instruct
    the Executive Directors representing the United States at the
    multilateral development banks as defined by section 1307(g) to
    urge the management and other directors of each such bank, to
    provide sufficient time between the circulation of assistance
    proposals and bank action on those proposals, in order to
    permit their evaluation by major shareholder governments.
    ---------------------------------------------------------------------------
        \34\ Sec. 593(b) of the Foreign Operations, Export Financing and
    Related Programs Appropriations Act, 2005 (division D of Public Law
    108-391; 118 Stat. 3037), added the paragraph designation (1), struck
    out ``International Bank for Reconstruction and Development, the Inter-
    American Development Bank, the Asian Development Bank, and the African
    Development Bank'' and inserted in lieu thereof ``multilateral
    development banks as defined by section 1307(g)'', and added paras. (2)
    and (3).
    ---------------------------------------------------------------------------
        (2) \34\ The Secretary of the Treasury shall instruct such
    Executive Directors to work with other countries' Executive
    Directors and multilateral development bank management to--
              (A) improve the procedures of each multilateral
            development bank for providing its board of directors
            with a complete and accurate record regarding public
            consultation before they vote on proposed projects with
            significant environmental implications; and
              (B) revise bank procedures to consistently require
            public consultation on operational policy proposals or
            revisions that have significant environmental or social
            implications.
        (3) \34\ Progress under this subsection shall be
    incorporated into Treasury's required annual report to Congress
    on the environmental performance of the multilateral
    development banks.
        (c) Based on the information obtained during the evaluation
    referred to in subsection (a) and other available information,
    the Administrator of the Agency for International Development,
    in consultation with the Secretary of the Treasury and the
    Secretary of State, shall identify those assistance proposals
    likely to have adverse impacts on the environment, natural
    resources, public health, or indigenous peoples. The proposals
    so identified shall be transmitted to the Committee on
    Appropriations and the Committee on Banking, Finance and Urban
    Affairs of the House of Representatives and the Committee on
    Appropriations and the Committee on Foreign Relations of the
    Senate, not later than June 30 and December 31 of each year
    following the date of enactment of this title.
        (d) The Secretary of the Treasury shall forward reports
    concerning information received under subsection (a) to the
    Executive Director representing the United States in the
    appropriate bank with instructions to seek to eliminate or
    mitigate adverse impacts which may result from the proposal.
        Sec. 1304.\35\ The Secretary of the Treasury, in
    consultation with the Secretary of State and the Administrator
    of the Agency for International Development, shall create a
    system for cooperative exchange of information with other
    interested member countries on assistance proposals of the
    multilateral development banks.
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 262m-3.
    ---------------------------------------------------------------------------
        Sec. 1305.\36\ The Secretary of the Treasury shall instruct
    the United States Executive Directors of the multilateral
    development banks to support the strengthening of educational
    programs within each multilateral development bank to improve
    the capacity of mid-level managers to initiate and manage
    environmental aspects of development activities, and to train
    officials of borrowing countries in the conduct of
    environmental analyses.
    ---------------------------------------------------------------------------
        \36\ 22 U.S.C. 262m-4.
    ---------------------------------------------------------------------------
        Sec. 1306.\37\ (a) The Secretary of the Treasury shall
    instruct the United States Executive Director of each
    multilateral development bank to vigorously and continuously
    urge that each bank identify and develop methods and procedures
    to insure that in addition to economic and technical
    considerations, unquantified environmental values be given
    appropriate consideration in decisionmaking, and include in the
    documents circulated to the Board of Executive Directors
    concerning each assistance proposal a detailed statement, to
    include assessment of the benefits and costs of environmental
    impacts and possible mitigating measures, on the environmental
    impact of the proposed action, any adverse environmental
    effects which cannot be avoided if the proposal is implemented,
    and alternatives to the proposed action.
    ---------------------------------------------------------------------------
        \37\ 22 U.S.C. 262m-5.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall instruct the United
    States Executive Director of each multilateral development bank
    to vigorously and continuously promote--
              (1) increases in the proportion of loans supporting
            environmentally beneficial policies, projects, and
            project components;
              (2) the establishment of environmental programs in
            appropriate policy-based loans for the purpose of
            improving natural resource management, environmental
            quality, and protection of biological diversity;
              (3) increases in the proportion of staff with
            professional training and experience in ecology and
            related areas and in the areas of anthropological and
            sociological impact analysis to ensure systematic
            appraisal and monitoring of environmental and
            sociocultural impacts of projects and policies;
              (4) active and systematic encouragement of
            participation by borrowing countries nongovernmental
            environmental, community and indigenous peoples'
            organizations at all stages of preparations for country
            lending strategies, policy based loans, and loans that
            may have adverse environmental or sociocultural
            impacts; and
              (5) full availability to concerned or affected non-
            governmental and community organization, early in the
            preparation phase and at all subsequent stages of
            planning of full documentary information concerning
            details of design and potential environmental and
            sociocultural impacts of proposed loans.

    SEC. 1307.\38\ ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED
                        MULTILATERAL DEVELOPMENT BANK ACTIONS.

        (a) \39\ Assessment Required Before Favorable Vote on
    Proposal.--The Secretary of the Treasury shall instruct the
    United States Executive Director of each multilateral
    development bank not to vote in favor of any proposal
    (including but not limited to any loan, credit, grant,
    guarantee) which would result or be likely to result in
    significant impact on the environment, unless the Secretary,
    after consultation with the Secretary of State and the
    Administrators of the United States Agency for International
    Development and the Environmental Protection Agency, determines
    that for at least 120 days before the date of the vote--
    ---------------------------------------------------------------------------
        \38\ 22 U.S.C. 262m-7. Popularly referred to as the Pelosi
    amendment. Added by sec. 521 of the International Development and
    Finance Act of 1989 (Public Law 101-240; 103 Stat. 2511), as sec. 1308.
    The same Act repealed the standing sec. 1307 and redesignated this sec.
    as sec. 1307. The repealed sec. 1307 (formerly at 22 U.S.C. 262m-6) had
    required an annual report be submitted by Secretary of the Treasury,
    with consultation from others in the Administration, to several
    committees on progress being made to implement the objectives of title
    XIII.
        \39\ Sec. 593(a) of the Foreign Operations, Export Financing and
    Related Programs Appropriations Act, 2005 (Public Law 108-447; 118
    Stat. 3037) amended and restated subsec. (a). It previously read as
    follows:
        ``(a) Assessment Required Before Favorable Vote on Action.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Beginning 2 years after the date of the enactment of
    this section, the Secretary of the Treasury shall instruct the United
    States Executive Director of each multilateral development bank not to vote
    in favor of any action proposed to be taken by the respective bank which
    would have a significant effect on the human environment, unless for at
    least 120 days before the date of the vote--

      ``(A) an assessment analyzing the environmental impacts of the proposed
    action and of alternatives to the proposed action has been completed by the
    borrower or the institution, and been made available to the board of
    directors of the institution; and

      ``(B) except as provided in paragraph (2), such assessment or a
    comprehensive summary of such assessment has been made available to the
    multilateral development bank, affected groups, and local nongovernmental
    organizations.

      ``(2) Exceptions and reports.--

      ``(A) Exceptions.--The requirement of paragraph (1)(B) shall not apply
    where the Secretary finds compelling reasons to believe that disclosure in
    any case described in paragraph (1) would jeopardize the confidential
    relationship between the borrower and the respective bank.

      ``(B) Reports by secretary.--The Secretary shall submit a quarterly
    report in writing to the Committees specified in subsection (f)(1) of the
    findings described in subparagraph (A).''.

              (1) an assessment analyzing the environmental impacts
            of the proposed action, including associated and
            cumulative impacts, and of alternatives to the proposed
            action, has been completed by the borrower or the bank
            and has been made available to the board of directors
            of the bank; and
              (2) such assessment or a comprehensive summary of the
            assessment (with proprietary information redacted) has
            been made available to affected groups, and local
            nongovernmental organizations and notice of its
            availability in the country and at the bank has been
            posted on the bank's website.
        (b) Access to Assessments in All Member Countries.--The
    Secretary of the Treasury shall seek the adoption of policies
    and procedures, through discussions and negotiations with the
    other member countries of the multilateral development banks
    and with the management of such banks, which result in access
    by governmental agencies and interested members of the public
    of such member countries, to environmental assessments or
    documentary information containing comprehensive summaries of
    such assessments which discuss the environmental impact of
    prospective projects and programs being considered by such
    banks. Such assessments or summaries should be made available
    to such governmental agencies and interested members of the
    public at least 120 days before scheduled board action, and
    public participation in review of the relevant environmental
    information should be encouraged.
        (c) Consideration of Assessment.--The Secretary of the
    Treasury shall--
              (1) ensure that an environmental impact assessment or
            comprehensive summary of such assessment described in
            subsection (a) accompanies loan proposals through the
            agency review process; and
              (2) take into consideration recommendations from all
            other interested Federal agencies and interested
            members of the public.
        (d) Development of Procedures for Systematic Environmental
    Assessment.--The Secretary of the Treasury, in consultation
    with other Federal agencies, including the Environmental
    Protection Agency, the Department of State, and the Council on
    Environmental Quality, shall--
              (1) instruct the United States Executive Director of
            each multilateral development bank to initiate
            discussions with the other executive directors of the
            respective bank and to propose that the respective bank
            develop and make available to member governments of,
            and borrowers from, the respective bank, within 18
            months after the date of the enactment of this section,
            a procedure for the systematic environmental assessment
            of development projects for which the respective bank
            provides financial assistance, taking into
            consideration the Guidelines and Principles for
            Environmental Impact Assessment promulgated by the
            United Nations Environmental Programme and other
            bilateral or multilateral assessment procedures; and
              (2) in determining the position of the United States
            on any action proposed to be taken by a multilateral
            development bank, develop and prescribe procedures for
            the consideration of, among other things--
                      (A) the environmental impact assessment of
                    the action described in subsection (a);
                      (B) interagency and public review of such
                    assessment; and
                      (C) other environmental review and
                    consultation of such action that is required by
                    other law.
        (e) Use of United States Personnel.--The Secretary of the
    Treasury, in consultation with the Secretary of State, the
    Secretary of the Interior, the Administrator of the
    Environmental Protection Agency, the Chairman of the Council on
    Environmental Quality, the Administrator of the Agency for
    International Development, and the Administrator of the
    National Oceanic and Atmospheric Administration, shall--
              (1) make available to the multilateral development
            banks, without charge, appropriate United States
            Government personnel to assist in--
                      (A) training bank staff in environmental
                    impact assessment procedures;
                      (B) providing advice on environmental issues;
                      (C) preparing environmental studies for
                    projects with potentially significant
                    environmental impacts; and
                      (D) preparing documents for public release,
                    and developing procedures to provide for the
                    inclusion of interested nongovernmental
                    organizations in the environmental review
                    process; and
              (2) encourage other member countries of such banks to
            provide similar assistance.
        (f) Reports.--
              (1) In general.--The Secretary of the Treasury shall
            submit to the Committees on Foreign Relations and
            Environment and Public Works of the Senate and the
            Committee on Banking, Finance and Urban Affairs \12\ of
            the House of Representatives--
                      (A) not later than the end of the 1-year
                    period beginning on the date of the enactment
                    of this section, a progress report on the
                    efficacy of efforts by the United States to
                    encourage consistent and timely environmental
                    impact assessment of actions proposed to be
                    taken by the multilateral development banks and
                    on the progress made by the multilateral
                    development banks in developing and instituting
                    environmental assessment policies and
                    procedures; and
                      (B) not later than January 1, 1993, a
                    detailed report on the matters described in
                    subparagraph (A).
              (2) Availability of reports.--The reports required by
            paragraph (1) shall be made available to the member
            governments of, and the borrowers from, the
            multilateral development banks, and to the public.
        (g) \40\ Multilateral Development Bank Defined.--In this
    title, the term ``multilateral development bank'' means the
    International Bank for Reconstruction and Development, the
    European Bank for Reconstruction and Development, the
    International Development Association, the International
    Finance Corporation, the Multilateral Investment Guarantee
    Agency, the African Development Bank, the African Development
    Fund, the Asian Development Bank, the Inter-American
    Development Bank, the Inter-American Investment Corporation,
    any other institution (other than the International Monetary
    Fund) specified in section 1701(c)(2), and any subsidiary of
    any such institution.
    ---------------------------------------------------------------------------
        \40\ Subsec. (g), which was added by sec. 560(b)(3) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1998 (Public Law 105-118; 111 Stat. 2426), was amended and restated by
    sec. 593(a)(2) of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3037).
    It previously read as follows:
        ``(g) For purposes of this section, the term `multilateral
    development bank' means any of the institutions named in section
    1303(b) of this Act, and the International Finance Corporation.''.
    ---------------------------------------------------------------------------

             TITLE XIV--AGRICULTURAL AND COMMODITY PRODUCTION \30\

        Sec. 1401.\41\ The Congress hereby finds the following:
    ---------------------------------------------------------------------------
        \41\ 22 U.S.C. 262n.
    ---------------------------------------------------------------------------
              (1) The financing of certain programs and projects by
            multilateral development banks has been of great
            concern insofar as the programs and projects have been
            detrimental to the interests of American farmers and
            the agribusiness sector.
              (2) an increase in rural income in developing
            countries will generally result in an increase in
            exports of United States agricultural and food
            products.
        Sec. 1402.\42\ The Secretary of the Treasury, after
    consultations with the Secretary of Agriculture and the
    Secretary of the Interior (to the extent appropriate) on
    markets and prices for commodities, shall periodically instruct
    the United States Executive Director of each multilateral
    development bank to work with other executive directors of the
    respective bank to continue to--
    ---------------------------------------------------------------------------
        \42\ 22 U.S.C. 262n-1.
    ---------------------------------------------------------------------------
              (1) support activities which result in broad
            increases in income and employment and enhance
            purchasing power in developing countries, particularly
            among the rural poor; and
              (2) encourage diversification away from single crop
            or product economies in developing countries to help
            reduce wide fluctuations in commodity prices and the
            adverse impact of abrupt changes in the terms of trade.
        Sec. 1403.\43\ (a) The Secretary of the Treasury shall take
    all appropriate steps to discourage multilateral development
    banks from financing projects which will result in the
    production of commodities, products, or minerals for export
    that will be in surplus in world markets at the time such
    production begins.
    ---------------------------------------------------------------------------
        \43\ 22 U.S.C. 262n-2.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall instruct the United
    States Executive Directors of the multilateral development
    banks to use the voice and vote of the United States in the
    respective banks--
              (1) to oppose financing by the respective bank of
            projects which produce, or will produce, commodities,
            products, or minerals for export if--
                      (A) the commodity, product, or mineral is
                    subsidized in a manner which is inconsistent
                    with Article XVI.3 of the GATT 1994 as defined
                    in section 2(1)(B) of the Uruguay Round
                    Agreements Act, or article 3.1(a) of the
                    Agreement on Subsidies and Countervailing
                    Measures referred to in section 101(d)(12) of
                    that Act; \44\
    ---------------------------------------------------------------------------
        \44\ Sec. 1102(b)(1) of the Miscellaneous Trade and Technical
    Corrections Act of 1999 (Public Law 106-36; 113 Stat. 133) struck out
    ``General Agreement on Tariffs and Trade or Article 10 of the
    Agreements on Interpretation and Application of Articles VI, XVI, and
    XXIII of the General Agreement on Tariffs and Trade'' and inserted in
    lieu thereof ``GATT 1994 as defined in section 2(1)(B) of the Uruguay
    Round Agreements Act, or article 3.1(a) of the Agreement on Subsidies
    and Countervailing Measures referred to in section 101(d)(12) of that
    Act''.
    ---------------------------------------------------------------------------
                      (B) support from financial sources other than
                    multilateral development banks does not
                    accompany such financing; and
              (2) to oppose financing by the respective bank for
            production of a commodity, product, or mineral for
            export which--
                      (A) is likely to be in surplus on world
                    markets at the time such production begins; and
                      (B) when exported, is likely to cause injury
                    to United States producers within the meaning
                    of Article 15 of the Agreement on Subsidies and
                    Countervailing Measures referred to in
                    subparagraph (A).\45\
    ---------------------------------------------------------------------------
        \45\ Sec. 1102(b)(1) of the Miscellaneous Trade and Technical
    Corrections Act of 1999 (Public Law 106-36; 113 Stat. 133) struck out
    ``Article 6 of the Agreement on Interpretation and Application of
    Articles VI, XVI, and XXIII of the General Agreement on Tariffs and
    Trade'' and inserted in lieu thereof ``Article 15 of the Agreement on
    Subsidies and Countervailing Measures referred to in subparagraph
    (A)''.
    ---------------------------------------------------------------------------

    SEC. 1404.\46\ REDUCTION OF BARRIERS TO INTERNATIONAL TRADE.
    ---------------------------------------------------------------------------

        \46\ 22 U.S.C. 262n-3. Added by sec. 611 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1999 (sec.
    101(d) of division A of Public Law 105-277; 112 Stat. 2681-228).
    ---------------------------------------------------------------------------
        The Secretary of the Treasury shall instruct the United
    States Executive Director at the International Monetary Fund to
    use aggressively the voice and vote of the United States to
    vigorously promote policies to encourage the opening of markets
    for agricultural commodities and products by requiring
    recipient countries to make efforts to reduce trade barriers.

                         TITLE XV--OTHER POLICIES \30\

        Sec. 1501.\47\ (a) In any negotiations concerning
    replenishment or an increase in capital for any multilateral
    development bank, the Secretary of the Treasury shall propose,
    as a principal point for negotiations, the following
    institutional reforms:
    ---------------------------------------------------------------------------
        \47\ 22 U.S.C. 262o.
    ---------------------------------------------------------------------------
              (1) The establishment of a unified program within
            each multilateral development bank to assess the extent
            to which bank lending benefits the least advantaged
            members of society, particularly women and the poor,
            and to increase the extent to which such members
            benefit from future bank lending.
              (2) The establishment of an office or other
            administrative procedures within each multilateral
            development bank to--
                      (A) provide in-country liaison services for
                    nongovernmental organizations operating at the
                    community level;
                      (B) monitor the impact of project and
                    nonproject lending on local populations; and
                      (C) ensure compliance with loan
                    conditionalities, especially loan
                    conditionalities relating to the protection of
                    the quality of life of the poor and the rights
                    of aboriginal minorities.
              (3) A major increase in the number of members of the
            professional staff of each regional multilateral
            development bank with training in environmental or
            social impact analysis or natural science, including--
                      (A) recruitment of additional permanent
                    professional staff; and
                      (B) training programs for existing staff
                    members in these subject areas.
              (4) With respect to the International Bank for
            Reconstruction and Development, the establishment of a
            program for policy-based lending to promote the
            sustainable use of renewable resources and the
            protection of the environment in borrowing countries.
              (5) An increase in the length of any review period
            established by any multilateral development bank for
            board review of staff recommendations by such time as
            would be sufficient to allow the governments of member
            countries to review and comment on the staff
            recommendations before any action is taken by the board
            of directors of such bank on the recommendations.
        (b) The Secretary of the Treasury shall instruct the United
    States Executive Director of each multilateral development bank
    to request the management of such bank to prepare an annual
    report which identifies and describes the most exemplary
    lending practices or loan components implemented during the
    preceding year with respect to each of the following lending
    policy goals for each major borrowing country or country group:
              (1) Benefit to the poor.
              (2) Involvement of nongovernmental organizations and
            local and indigenous populations in loan design,
            implementation, planning, and monitoring.
              (3) Integration of, consideration of, and concern for
            environmental quality and the sustainable use of
            natural resources into loan design, implementation,
            planning, and monitoring.
              (4) Recognition of and support for the economic and
            social development of women.

    SEC. 1502.\48\ MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY
                        INVOLVEMENT IN THE ECONOMIES OF RECIPIENT
                        COUNTRIES.

        (a) Consideration of Commitment To Achieving Certain
    Goals.--
    ---------------------------------------------------------------------------
        \48\ 22 U.S.C. 262o-1. Sec. 526(d) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1995 (Public
    Law 103-306; 108 Stat. 1633) added sec. 1502.
    ---------------------------------------------------------------------------
              (1) \49\ In general.--The Secretary of the Treasury
            shall instruct the United States Executive Directors of
            the international financial institutions (as defined in
            section 1701(c)(2)) to promote growth in the
            international economy by taking into account, when
            considering whether to support or oppose loan proposals
            at these institutions, the extent to which the
            recipient government has demonstrated a commitment to
            achieving the following goals:
    ---------------------------------------------------------------------------
        \49\ As enrolled; no para. (2) was enacted.
    ---------------------------------------------------------------------------
                      (A) to provide accurate and complete data on
                    the annual expenditures and receipts of the
                    armed forces;
                      (B) to establish good and publicly
                    accountable governance, including an end to
                    excessive military involvement in the economy;
                    and
                      (C) to make substantial reductions in
                    excessive military spending and forces.
        (b) Steps To Achieve Goals Required.--The Secretary of the
    Treasury shall instruct the United States Executive Directors
    of the international financial institutions (as so defined) to
    promote a policy at each institution under which--
              (1) the respective institution monitors closely and,
            through regular policy consultations with recipient
            governments, seeks to influence the composition of
            public expenditure in favor of funding growth and
            development priorities and away from unproductive
            expenditure, including excessive military expenditures;
              (2) the respective institution supports lending
            operations which assist efforts of recipient
            governments to promote good governance, including
            public participation, and reduce military expenditures;
            and
              (3) the allocation of resources and the extension of
            credit by the respective institution takes into account
            the performance of recipient governments in the areas
            of good governance, ending excessive military
            involvement in the economy and reducing excessive
            military expenditures.

    SEC. 1503.\50\ ADVOCACY OF POLICIES TO ENHANCE THE GENERAL
                        EFFECTIVENESS OF THE INTERNATIONAL MONETARY FUND.
    ---------------------------------------------------------------------------

        \50\ 22 U.S.C. 262o-2. Added by sec. 610(a) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1999 (sec. 101(d) of division A of Public Law 105-277; 112 Stat. 2681-
    224).
        Sec. 504 of the Emergency Supplemental Appropriations, 2000 (sec.
    1000(a)(5) of Public Law 106-113; 113 Stat. 1501A-317), provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 504. additional provisions
    ---------------------------------------------------------------------------

        ``(a) Publication of IMF Operational Budgets.--The Secretary of the
    Treasury shall instruct the United States Executive Director at the
    International Monetary Fund to use the voice, vote, and influence of
    the United States to urge vigorously the International Monetary Fund to
    publish the operational budgets of the International Monetary Fund, on
    a quarterly basis, not later than one year after the end of the period
    covered by the budget.
        ``(b) Report to the Congress Showing Costs of United States
    Participation in the International Monetary Fund.--The Secretary of the
    Treasury shall prepare and transmit to the Committees on Banking and
    Financial Services, on Appropriations, and on International Relations
    of the House of Representatives and the Committees on Banking, Housing,
    and Urban Affairs, on Foreign Relations, and on Appropriations of the
    Senate a quarterly report, which shall be made readily available to the
    public, on the costs or benefits of United States participation in the
    International Monetary Fund and which shall detail the costs and
    benefits to the United States, as well as valuation gains or losses on
    the United States reserve position in the International Monetary Fund.
        ``(c) Continuation of Forgoing of Reimbursement of IMF for Expenses
    of Administering ESAF.--The Secretary of the Treasury shall instruct
    the United States Executive Director at the International Monetary Fund
    to use the voice, vote, and influence of the United States to urge
    vigorously the International Monetary Fund to continue to forgo
    reimbursements of the expenses incurred by the International Monetary
    Fund in administering the Enhanced Structural Adjustment Facility,
    until the Heavily Indebted Poor Countries Initiative (as defined in
    section 1623 of the International Financial Institutions Act) is
    terminated.
        ``(d) No Gold Sales by International Monetary Fund Without Prior
    Authorization by the Congress.--(1) The first sentence of section 5 of
    the Bretton Woods Agreements Act (22 U.S.C. 286c) is amended in clause
    (g) by striking ``approve either the disposition of more than 25
    million ounces of Fund gold for the benefit of the Trust Fund
    established by the Fund on May 6, 1976, or the establishment of any
    additional trust fund whereby resources of the International Monetary
    Fund would be used for the special benefit of a single member, or of a
    particular segment of the membership, of the Fund.'' and inserting
    ``approve any disposition of Fund gold, unless the Secretary certifies
    to the Congress that such disposition is necessary for the Fund to
    restitute gold to its members, or for the Fund to provide liquidity
    that will enable the Fund to meet member country claims on the Fund or
    to meet threats to the systemic stability of the international
    financial system.''.
    ---------------------------------------------------------------------------

      ``(2) Not less than 30 days prior to the entrance by the United States
    into international negotiations for the purpose of reaching agreement on
    the disposition of Fund gold whereby resources of the Fund would be used
    for the special benefit of a single member, or of a particular segment of
    the membership of the Fund, the Secretary of the Treasury shall consult
    with the Committees on Banking and Financial Services, on Appropriations,
    and on International Relations of the House of Representatives and the
    Committees on Foreign Relations, on Appropriations, and on Banking, Housing
    and Urban Affairs of the Senate.
    ---------------------------------------------------------------------------

        ``(e) Annual Report by GAO on Consistency of IMF Practices With
    Statutory Policies.--The Comptroller General of the United States shall
    annually prepare and submit to the Congress of the United States a
    written report on the extent to which the practices of the
    International Monetary Fund are consistent with the policies of the
    United States, as expressly contained in Federal law applicable to the
    International Monetary Fund.''.
    ---------------------------------------------------------------------------
        (a) In General.--The Secretary of the Treasury shall
    instruct the United States Executive Director of the
    International Monetary Fund to use aggressively the voice and
    vote of the Executive Director to do the following:
              (1) Vigorously promote policies to increase the
            effectiveness of the International Monetary Fund in
            structuring programs and assistance so as to promote
            policies and actions that will contribute to exchange
            rate stability and avoid competitive devaluations that
            will further destabilize the international financial
            and trading systems.
            (2) Vigorously promote policies to increase the
            effectiveness of the International Monetary Fund in
            promoting market-oriented reform, trade liberalization,
            economic growth, democratic governance, and social
            stability through--
                      (A) establishing an independent monetary
                    authority, with full power to conduct monetary
                    policy, that provides for a non-inflationary
                    domestic currency that is fully convertible in
                    foreign exchange markets;
                      (B) opening domestic markets to fair and open
                    internal competition among domestic enterprises
                    by eliminating inappropriate favoritism for
                    small or large businesses, eliminating elite
                    monopolies, creating and effectively
                    implementing anti-trust and anti-monopoly laws
                    to protect free competition, and establishing
                    fair and accessible legal procedures for
                    dispute settlement among domestic enterprises;
                      (C) privatizing industry in a fair and
                    equitable manner that provides economic
                    opportunities to a broad spectrum of the
                    population, eliminating government and elite
                    monopolies, closing loss-making enterprises,
                    and reducing government control over the
                    factors of production;
                      (D) economic deregulation by eliminating
                    inefficient and overly burdensome regulations
                    and strengthening the legal framework
                    supporting private contract and intellectual
                    property rights;
                      (E) establishing or strengthening key
                    elements of a social safety net to cushion the
                    effects on workers of unemployment and
                    dislocation; and
                      (F) encouraging the opening of markets for
                    agricultural commodities and products by
                    requiring recipient countries to reduce trade
                    barriers.
              (3) Vigorously promote policies to increase the
            effectiveness of the International Monetary Fund, in
            concert with appropriate international authorities and
            other international financial institutions (as defined
            in section 1701(c)(2)), in strengthening financial
            systems in developing countries, and encouraging the
            adoption of sound banking principles and practices,
            including the development of laws and regulations that
            will help to ensure that domestic financial
            institutions meet strong standards regarding capital
            reserves, regulatory oversight, and transparency.
              (4) Vigorously promote policies to increase the
            effectiveness of the International Monetary Fund, in
            concert with appropriate international authorities and
            other international financial institutions (as defined
            in section 1701(c)(2)), in facilitating the development
            and implementation of internationally acceptable
            domestic bankruptcy laws and regulations in developing
            countries, including the provision of technical
            assistance as appropriate.
              (5) Vigorously promote policies that aim at
            appropriate burden-sharing by the private sector so
            that investors and creditors bear more fully the
            consequences of their decisions, and accordingly
            advocate policies which include--
                      (A) strengthening crisis prevention and early
                    warning signals through improved and more
                    effective surveillance of the national economic
                    policies and financial market development of
                    countries (including monitoring of the
                    structure and volume of capital flows to
                    identify problematic imbalances in the inflow
                    of short and medium term investment capital,
                    potentially destabilizing inflows of offshore
                    lending and foreign investment, or problems
                    with the maturity profiles of capital to
                    provide warnings of imminent economic
                    instability), and fuller disclosure of such
                    information to market participants;
                      (B) accelerating work on strengthening
                    financial systems in emerging market economies
                    so as to reduce the risk of financial crises;
                      (C) consideration of provisions in debt
                    contracts that would foster dialogue and
                    consultation between a sovereign debtor and its
                    private creditors, and among those creditors;
                      (D) consideration of extending the scope of
                    the International Monetary Fund's policy on
                    lending to members in arrears and of other
                    policies so as to foster the dialogue and
                    consultation referred to in subparagraph (C);
                      (E) intensified consideration of mechanisms
                    to facilitate orderly workout mechanisms for
                    countries experiencing debt or liquidity
                    crises;
                      (F) consideration of establishing ad hoc or
                    formal linkages between the provision of
                    official financing to countries experiencing a
                    financial crisis and the willingness of market
                    participants to meaningfully participate in any
                    stabilization effort led by the International
                    Monetary Fund;
                      (G) using the International Monetary Fund to
                    facilitate discussions between debtors and
                    private creditors to help ensure that financial
                    difficulties are resolved without inappropriate
                    resort to public resources; and
                      (H) the International Monetary Fund
                    accompanying the provision of funding to
                    countries experiencing a financial crisis
                    resulting from imprudent borrowing with efforts
                    to achieve a significant contribution by the
                    private creditors, investors, and banks which
                    had extended such credits.
              (6) Vigorously promote policies that would make the
            International Monetary Fund a more effective mechanism,
            in concert with appropriate international authorities
            an other international financial institutions (as
            defined in section 1701(c)(2)), for promoting good
            governance principles within recipient countries by
            fostering structural reforms, including procurement
            reform, that reduce opportunities for corruption and
            bribery, and drug-related money laundering.
              (7) Vigorously promote the design of International
            Monetary Fund programs and assistance so that
            governments that draw on the International Monetary
            Fund channel public funds away from unproductive
            purposes, including large ``show case'' projects and
            excessive military spending, and toward investment in
            human and physical capital as well as social programs
            to protect the neediest and promote social equity.
              (8) Work with the International Monetary Fund to
            foster economic prescriptions that are appropriate to
            the individual economic circumstances of each recipient
            country, recognizing that inappropriate stabilization
            programs may only serve to further destabilize the
            economy and create unnecessary economic, social, and
            political dislocation.
              (9) Structure the International Monetary Fund
            programs and assistance so that the maintenance and
            improvement of core labor standards are routinely
            incorporated as an integral goal in the policy dialogue
            with recipient countries, so that--
                      (A) recipient governments commit to affording
                    workers the right to exercise internationally
                    recognized core worker rights, including the
                    right of free association and collective
                    bargaining through unions of their own
                    choosing;
                      (B) measures designed to facilitate labor
                    market flexibility are consistent with such
                    core worker rights; and
                      (C) the staff of the International Monetary
                    Fund surveys the labor market policies and
                    practices of recipient countries and recommends
                    policy initiatives that will help to ensure the
                    maintenance or improvement of core labor
                    standards.
              (10) Vigorously promote International Monetary Fund
            programs and assistance that are structured to the
            maximum extent feasible to discourage practices which
            may promote ethnic or social strife in a recipient
            country.
              (11) Vigorously promote recognition by the
            International Monetary Fund that macroeconomic
            developments and policies can affect and be affected by
            environmental conditions and policies, and urge the
            International Monetary Fund to encourage member
            countries to pursue macroeconomic stability while
            promoting environmental protection.
              (12) Facilitate greater International Monetary Fund
            transparency, including by enhancing accessibility of
            the International Monetary Fund and its staff,
            fostering a more open release policy toward working
            papers, past evaluations, and other International
            Monetary Fund documents, seeking to publish all Letters
            of Intent to the International Monetary Fund and Policy
            Framework Papers, and establishing a more open release
            policy regarding Article IV consultations.
              (13) Facilitate greater International Monetary Fund
            accountability and enhance International Monetary Fund
            self-evaluation by vigorously promoting review of the
            effectiveness of the Office of Internal Audit and
            Inspection and the Executive Board's external
            evaluation pilot program and, if necessary, the
            establishment of an operations evaluation department
            modeled on the experience of the International Bank for
            Reconstruction and Development, guided by such key
            principles as usefulness, credibility, transparency,
            and independence.
              (14) Vigorously promote coordination with the
            International Bank for Reconstruction and Development
            and other international financial institutions (as
            defined in section 1701(c)(2)) in promoting structural
            reforms which facilitate the provision of credit to
            small businesses, including microenterprise lending,
            especially in the world's poorest, heavily indebted
            countries.
              (15) \51\ Work with the International Monetary Fund
            to--
    ---------------------------------------------------------------------------
        \51\ Sec. 7703(a) of the 9/11 Commission Implementation Act of 2004
    (title VII of Public Law 108-458; 118 Stat. 3860) added para. (15).
    ---------------------------------------------------------------------------
                      (A) foster strong global anti-money
                    laundering (AML) and combat the financing of
                    terrorism (CFT) regimes;
                      (B) ensure that country performance under the
                    Financial Action Task Force anti-money
                    laundering and counterterrorist financing
                    standards is effectively and comprehensively
                    monitored;
                      (C) ensure note is taken of AML and CFT
                    issues in Article IV reports, International
                    Monetary Fund programs, and other regular
                    reviews of country progress;
                      (D) ensure that effective AML and CFT regimes
                    are considered to be indispensable elements of
                    sound financial systems; and
                      (E) emphasize the importance of sound AML and
                    CFT regimes to global growth and development..
        (b) Coordination With Other Executive Departments.--To the
    extent that it would assist in achieving the goals described in
    subsection (a), the Secretary of the Treasury shall pursue the
    goals in coordination with the Secretary of State, the
    Secretary of Labor, the Secretary of Commerce, the
    Administrator of the Environmental Protection Agency, the
    Administrator of the Agency for International Development, and
    the United States Trade Representative.

    SEC. 1504.\52\ ADMINISTRATIVE PROVISIONS.

        (a) Achievement of Certain Policy Goals.--The Secretary of
    the Treasury should instruct the United States Executive
    Director at each multilateral development institution to inform
    the institution of the following United States policy goals,
    and use the voice and vote of the United States to achieve the
    goals at the institution before June 30, 2005:
    ---------------------------------------------------------------------------
        \52\ 22 U.S.C. 262o-3. Sec. 581 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2004 (division D of
    Public Law 108-199; 118 Stat. 202) added sec. 1504.
    ---------------------------------------------------------------------------
              (1) No later than 60 calendar days after the Board of
            Directors of the institution approves the minutes of a
            Board meeting, the institution shall post on its
            website an electronic version of the minutes, with
            material deemed too sensitive for public distribution
            redacted.
              (2) The institution shall keep a written transcript
            or electronic recording of each meeting of its Board of
            Directors and preserve the transcript or recording for
            at least 10 years after the meeting.
              (3) All public sector loan, credit and grant
            documents, country assistance strategies, sector
            strategies, and sector policies prepared by the
            institution and presented for endorsement or approval
            by its Board of Directors, with materials deemed too
            sensitive for public distribution redacted or withheld,
            shall be made available to the public 15 calendar days
            before consideration by the Board or, if not then
            available, when the documents are distributed to the
            Board. Such documents shall include the resources and
            conditionality necessary to ensure that the borrower
            complies with applicable laws in carrying out the terms
            and conditions of such documents, strategies, or
            policies, including laws pertaining to the integrity
            and transparency of the process such as public
            consultation, and to public health and safety and
            environmental protection.
              (4) The institution shall post on its website an
            annual report containing statistical summaries and case
            studies of the fraud and corruption cases pursued by
            its investigations unit.
              (5) The institution shall require that any health,
            education, or poverty-focused loan, credit, grant,
            document, policy, or strategy prepared by the
            institution includes specific outcome and output
            indicators to measure results, and that the indicators
            and results be published periodically during the
            execution, and at the completion, of the project or
            program.
              (6) The institution shall establish a plan and
            schedule for conducting regular, independent audits of
            internal management controls and procedures for meeting
            operational objectives, complying with Bank policies,
            and preventing fraud, and making reports describing the
            scope and findings of such audits available to the
            public.
              (7) The institution shall establish effective
            procedures for the receipt, retention, and treatment
            of: (A) complaints received by the Bank regarding
            fraud, accounting, mismanagement, internal accounting
            controls, or auditing matters; and (B) the
            confidential, anonymous submission by employees of the
            Bank of concerns regarding fraud, accounting,
            mismanagement, internal accounting controls, or
            auditing matters.
        (b) Not later than September 1, 2004, and 6 months
    thereafter, the Secretary of the Treasury shall submit a report
    to the appropriate congressional committees describing the
    actions taken by each multilateral development institution to
    implement the policy goals described in subsection (a), and any
    further actions that need to be taken to fully implement such
    goals.
        (c) Publication of Written Statements Regarding Inspection
    Mechanism Cases.--No later than 60 calendar days after a
    meeting of the Board of Directors of a multilateral development
    institution, the Secretary of the Treasury should provide for
    publication on the website of the Department of the Treasury of
    any written statement presented at the meeting by the United
    States Executive Director at the institution concerning--
              (1) a project on which a claim has been made to the
            inspection mechanism of the institution; or
              (2) a pending inspection mechanism case.
        (d) Congressional Briefings.--The Secretary of the Treasury
    or the designee of the Secretary should brief the appropriate
    congressional committees, when requested, on the steps that
    have been taken by the United States Executive Director at any
    multilateral development institution, and by any such
    institution, to implement the measures described in this
    section.
        (e) Publication of ``No'' Votes and Abstentions by the
    United States.--Each month, the Secretary of the Treasury
    should provide for posting on the website of the Department of
    the Treasury of a record of all ``no'' votes and abstentions
    made by the United States Executive Director at any
    multilateral development institution on any matter before the
    Board of Directors of the institution.
        (f) Multilateral Development Institution Defined.--In this
    section, the term ``multilateral development institution''
    shall have the meaning given in section 1701(c)(3).

    SEC. 1505.\53\ PROMOTION OF POLICY GOALS.

      (a) The Secretary of the Treasury shall instruct the United
    States Executive Director at each multilateral development bank
    to inform each such bank and the executive directors of each
    such bank of the policy of the United States as set out in this
    section and to actively promote this policy and the goals set
    forth in section 1504 of this Act. It is the policy of the
    United States that each bank should--
    ---------------------------------------------------------------------------
        \53\ 22 U.S.C. 262o-4. Sec. 599B of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2006 (Public Law
    109-102; 119 Stat. 2241), added sec. 1505.
    ---------------------------------------------------------------------------
              (1) require the bank's employees, officers and
            consultants to make an annual disclosure of their
            financial interests and income and of any other
            potential source of conflict of interest;
              (2) link project and program design and results to
            management and staff performance appraisals, salaries,
            and bonuses;
              (3) implement voluntary disclosure programs for firms
            and individuals participating in projects financed by
            such bank;
              (4) ensure that all loan, credit, guarantee, and
            grant documents and other agreements with borrowers
            include provisions for the financial resources and
            conditionality necessary to ensure that a person or
            country that obtains financial support from a bank
            complies with applicable bank policies and national and
            international laws in carrying out the terms and
            conditions of such documents and agreements, including
            bank policies and national and international laws
            pertaining to the comprehensive assessment and
            transparency of the activities related to access to
            information, public health, safety, and environmental
            protection;
              (5) implement clear anti-corruption procedures
            setting forth the circumstances under which a person
            will be barred from receiving a loan, contract, grant,
            guarantee or credit from such bank, make such
            procedures available to the public, and make the
            identity of such person available to the public;
              (6) coordinate policies across multilateral
            development banks on issues including debarment, cross-
            debarment, procurement guidelines, consultant
            guidelines, and fiduciary standards so that a person
            that is debarred by one such bank is subject to a
            rebuttable presumption of ineligibility to conduct
            business with any other such bank during the specific
            ineligibility period;
              (7) require each bank borrower and grantee and each
            bidder, supplier and contractor for MDB projects to
            comply with the highest standard of ethics prohibiting
            coercive, collusive, corrupt and fraudulent practices,
            such as are defined in the World Bank's Procurement
            Guidelines of May, 2004;
              (8) maintain a functionally independent
            Investigations Office, Auditor General Office and
            Evaluation Office that are free from interference in
            determining the scope of investigations (including
            forensic audits), internal auditing (including
            assessments of management controls for meeting
            operational objectives and complying with bank
            policies), performing work and communicating results,
            and that regularly report to such bank's board of
            directors and, as appropriate and in a manner
            consistent with such functional independence of the
            Investigations Office and the Auditor General Office,
            to the bank's President;
              (9) require that each candidate for adjustment or
            budget support loans demonstrate transparent budgetary
            and procurement processes including budget publication
            and public scrutiny prior to loan or grant approval;
              (10) require that for each project where compensation
            is to be provided to persons adversely affected by the
            project, such persons have recourse to an impartial and
            responsive mechanism to receive and resolve complaints.
            The mechanism should be easily accessible to all
            segments of the affected community without impeding
            access to other judicial or administrative remedies and
            without retribution;
              (11) implement best practices in domestic laws and
            international conventions against corruption for
            whistleblower and witness disclosures and protections
            against retaliation for internal and lawful public
            disclosures by the bank's employees and others affected
            by such bank's operations who challenge illegality or
            other misconduct that could threaten the bank's
            mission, including: (1) best practices for legal
            burdens of proof; (2) access to independent
            adjudicative bodies, including external arbitration
            based on consensus selection and shared costs; and (3)
            results that eliminate the effects of proven
            retaliation; and
              (12) require, to the maximum extent possible, that
            all draft country strategies are issued for public
            consideration no less than 45 days before the country
            strategy is considered by the multilateral development
            bank board of directors.
      (b) The Secretary of the Treasury shall, beginning thirty
    days after the enactment of this Act and within sixty calendar
    days of the meeting of the respective bank's Board of Directors
    at which such decisions are made, publish on the Department of
    the Treasury website a statement or explanation of the United
    States position on decisions related to: (1) operational
    policies; and (2) any proposal which would result or be likely
    to result in a significant effect on the environment.
      (c) In this section the term ``multilateral development
    bank'' has the meaning given that term in section 1307 of the
    International Financial Institutions Act (22 U.S.C. 262m-7) and
    also includes the European Bank for Reconstruction and
    Development and the Global Environment Facility.

                         TITLE XVI--HUMAN WELFARE \30\

        Sec. 1601.\54\ (a) The Secretary of the Treasury shall
    instruct the United States Executive Director of the
    International Bank for Reconstruction and Development and the
    International Development Association to initiate discussions
    with other directors of the respective institutions and to
    propose that--
    ---------------------------------------------------------------------------
        \54\ 22 U.S.C. 262p.
    ---------------------------------------------------------------------------
              (1) guidelines be established which reflect clear and
            tangible concern for the impact adjustment lending
            programs, and the activities in support of which such
            lending is made, have and will have on human welfare;
            and
              (2) impact statements be required which assess the
            effect an adjustment lending program, and the
            activities in support of which such lending is made,
            will have on the poor of the country to which such
            lending is made.
        (b) In the discussions referred to in subsection (a) with
    respect to the impact statement described in paragraph (2) of
    such subsection, the United States Executive Director should
    propose that such impact statements--
              (1) specify what the projected effects of the
            adjustment loan will be on the poor;
              (2) explain what procedures have been or will be
            taken to strengthen the in-country capacity of the
            borrower to--
                      (A) monitor nutrition levels in a timely
                    manner; and
                      (B) measure the impact an adjustment loan,
                    and the policies and activities in support of
                    which such loan is made, has on the living
                    standards of the country's population,
                    especially the poorest; and
              (3) indicate specifically what steps the borrower
            will take to--
                      (A) mitigate any adverse effect the policies
                    and activities in support of which an
                    adjustment loan is made are expected to have on
                    the living standards of the poor (including the
                    use of the proceeds of any adjustment loan,
                    project aid, or other compensatory measure to
                    mitigate such effect); and
                      (B) maximize the extent of the participation
                    of the poor in the economic benefits resulting
                    from an adjustment loan.
        (c) The Secretary of the Treasury shall instruct the United
    States Executive Director of the International Bank for
    Reconstruction and Development and the International
    Development Association to request the management of the
    respective institutions to prepare a report for distribution to
    member governments no later than June 30, 1988, that--
              (1) assesses the impact on the poor of structural
            adjustment in countries to which structural adjustment
            lending has been made; and
              (2) specifies the steps that have been or will be
            taken by the respective institution to--
                      (A) mitigate any adverse effect of adjustment
                    lending, and the activities in support of which
                    such lending is made, on the living standards
                    of the poor in the countries to which such
                    loans are made; and
                      (B) ensure the participation of the poor in
                    the economic benefits resulting from adjustment
                    lending and the activities in support of which
                    such lending is made.
        (d) For purposes of this section and section 1302, the term
    ``adjustment lending'' means nonproject lending in support of
    structural macroeconomic reforms or sectoral economic reform.
        Sec. 1602.\55\ (a) The Secretary of the Treasury shall
    instruct the United States Executive Director of the
    International Bank for Reconstruction and Development and the
    International Development Association to initiate discussions
    with other directors of such institutions and to propose the
    establishment of a Grassroots Collaboration Program to develop
    improved mechanisms for involving, directly or indirectly,
    nongovernmental organizations in the design, implementation,
    and monitoring of development projects financed by, or
    development policies established by, such bank or association
    in order to alleviate poverty and promote environmental
    protection, including--
    ---------------------------------------------------------------------------
        \55\ 22 U.S.C. 262p-1.
    ---------------------------------------------------------------------------
              (1) encouraging nongovernmental organizations in
            borrowing countries to participate in all stages of
            project planning and country strategy activities to--
                      (A) minimize any adverse impact of such
                    projects or activities on the poor people of
                    such country;
                      (B) minimize any adverse impact of such
                    projects or activities on the environment of
                    such country; and
                      (C) maximize the extent to which such
                    projects or activities will benefit the poor
                    people of such country;
              (2) increasing the direct involvement of
            nongovernmental organizations in project design,
            implementation, or monitoring whenever such
            organizations have a distinct comparative advantage
            over other entities in providing such services by
            virtue of their grassroots involvement with poor
            people, especially women, in a borrowing country;
              (3) providing microenterprise credit for small scale
            economic activities through nongovernmental
            organizations;
              (4) supporting the enhancement of the institutional
            capacity of nongovernmental organizations in borrowing
            countries as development practitioners; and
              (5) establishing or supporting jointly funded
            intermediary mechanisms with nongovernmental
            organizations to facilitate increased collaboration
            between such bank or association and nongovernmental
            organizations in borrowing countries.
        (b) It is the sense of the Congress that the Grassroots
    Collaboration Program described in subsection (a) should be
    implemented and financed as part of the normal operations of
    the International Bank for Reconstruction and Development and
    the International Development Association.
        (c) To the extent the activities under the Grassroots
    Collaboration Program described in subsection (a) need more
    flexible financing, it is the sense of the Congress that--
              (1) such activities could be funded through a grant
            from the net income of the International Bank for
            Reconstruction and Development; and
              (2) an initial grant of not less than $50,000,000
            should be made for such activities with subsequent
            annual allocations of such additional amounts as may be
            necessary to allow the Grassroots Collaboration Program
            to maximize collaboration with nongovernmental
            organizations in the alleviation of poverty and the
            protection of the environment.
        (d) \56\ * * * [Repealed--1989]
    ---------------------------------------------------------------------------
        \56\ Sec. 541 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2518) consolidated several
    reporting requirements into new secs. 1701 through 1703 and titles
    XVIII and XIX of the International Financial Institutions Act and
    repealed duplicative requirements in other legislation. Sec. 541(d)(4)
    repealed subsec. (d).
    ---------------------------------------------------------------------------
        (e) \57\ Each annual report to the Congress by the National
    Advisory Council on International Monetary and Financial
    Policies shall describe the status of the establishment and
    operation of the Grassroots Collaboration Program described in
    subsection (a), the activities undertaken by the Program, and
    the sum of the amounts expended by the Program.
    ---------------------------------------------------------------------------
        \57\ Sec. 583(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (sec. 101(d) of division I of
    Public Law 105-277; 112 Stat. 2681-202) states that the requirements of
    subsec. (e) shall no longer apply to the contents of the annual report
    of the National Advisory Council on International Monetary and
    Financial Policies, as required by sec. 1701 of the International
    Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
    262r).
    ---------------------------------------------------------------------------
        Sec. 1603.\58\ (a) The Secretary of the Treasury shall
    instruct the United States Executive Directory of the
    International Bank for Reconstruction and Development and the
    International Development Association to initiate discussions
    with other directors of such Bank or Association to propose
    that--
    ---------------------------------------------------------------------------
        \58\ 22 U.S.C. 262p-2.
    ---------------------------------------------------------------------------
              (1) in carrying on the activities of the Bank or
            Association, the Bank or Association take such steps as
            may be necessary to increase access for the poor people
            of a borrowing country to formal sources of credit; and
              (2) the Bank or Association include a requirement in
            all appropriate project and nonproject agreements, as a
            condition for assistance under such agreements, that
            the borrowing country identify and remove unreasonable
            legal and regulatory barriers to--
                      (A) the establishment or operation of
                    organizations which extend credit; and
                      (B) the provision of credit to
                    microenterprises for small scale economic
                    activities.
        (b) The Secretary of the Treasury shall instruct the United
    States Executive Directors of the African Development Bank and
    the Asian Development Bank to initiate discussions with other
    directors of the respective banks and to propose that each such
    bank--
              (1) examine the Program for the Financing of Small
            Projects of the Inter-American Development Bank and the
            steps taken by such bank to link the Program to the
            mainstream operation of the bank; and
              (2) explore ways and means to establish similar
            program within the respective banks to provide credit
            to microenterprises for small scale economic
            activities.
        (c) \59\ Each annual report to the Congress by the National
    Advisory Council on International Monetary and Financial
    Policies shall describe the status of the microenterprise
    credit promotion activities of each of the institutions
    referred to in subsection (a) or (b).
    ---------------------------------------------------------------------------
        \59\ Sec. 583(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (sec. 101(d) of division I of
    Public Law 105-277; 112 Stat. 2681-202) states that the requirements of
    subsec. (c) shall no longer apply to the contents of the annual report
    of the National Advisory Council on International Monetary and
    Financial Policies, as required by sec. 1701 of the International
    Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
    262r).
    ---------------------------------------------------------------------------
        Sec. 1604.\60\ (a) Congress hereby declares that it is the
    policy of the United States that multilateral development banks
    should--
    ---------------------------------------------------------------------------
        \60\ 22 U.S.C. 262p-3.
    ---------------------------------------------------------------------------
              (1) fully involve women in borrowing countries in the
            identification, planning, implementation, and
            evaluation of mainstream development activities
            financed by such banks;
              (2) recognize and support women's direct and indirect
            roles in the economic development of their countries
            and communities;
              (3) recognize and support women's direct and indirect
            roles in the education and social development of, the
            maintenance of the health of, and in the provision of
            adequate nutrition for, family members and communities,
            especially children;
              (4) work to remove legal and customary barriers which
            impede the full participation of women in economic and
            social development, such as lack of access to credit,
            property rights, education, health care, and government
            services; and
              (5) involve women's groups in borrowing countries in
            project identification and preparation in order to
            factor their assessments of women's economic and social
            needs into project design.
        (b) The Secretary of the Treasury shall instruct--
              (1) the United States Executive Director of the
            International Bank for Reconstruction and Development
            and the International Development Association to
            support attempts to strengthen the role of the Women in
            Development division in policy development, project
            design and implementation, and evaluation; and
              (2) the United States Executive Directors of the
            regional and multilateral development banks to support
            exploring the establishment of a mechanism, or the
            strengthening of any existing mechanism, within each of
            the respective banks, to advise, advocate, and promote
            the full integration of women in the planning, design,
            implementation, and evaluation of lending activities
            both in borrowing countries and within the banks.
        (c) \61\ Each annual report to the Congress by the National
    Advisory Council on International Monetary and Financial
    Policies shall describe the actions taken by the multilateral
    development banks to implement the policies established under
    this section.
    ---------------------------------------------------------------------------
        \61\ Sec. 583(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (sec. 101(d) of division I of
    Public Law 105-277; 112 Stat. 2681-202) states that the requirements of
    subsec. (c) shall no longer apply to the contents of the annual report
    of the National Advisory Council on International Monetary and
    Financial Policies, as required by sec. 1701 of the International
    Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
    262r).
    ---------------------------------------------------------------------------
        Sec. 1605.\62\ The Secretary of the Treasury shall instruct
    the United States Executive Director of each multilateral
    development bank to initiate discussions with other executive
    directors of the respective bank and to propose that the bank
    take such steps as may be necessary--
    ---------------------------------------------------------------------------
        \62\ 22 U.S.C. 262p-4.
    ---------------------------------------------------------------------------
              (1) to determine, at the time an initial feasibility
            study is conducted with respect to a proposed project
            and to the fullest extent possible, the impact such
            project would have on indigenous people in the
            borrowing country;
              (2) to ensure compliance with loan conditionalities
            relating to the protection of the rights of indigenous
            people to lands and resources; and
              (3) to consult with indigenous people, and
            nongovernmental organizations representing indigenous
            people, at every phase of loan design, planning,
            implementation, and monitoring.

    SEC. 1606.\63\ LOAN PROGRAMS TO REDUCE ECONOMIC DEPENDENCE ON ILLICIT
                        NARCOTICS.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \63\ 22 U.S.C. 262p-4a. Sec 1606 was added by sec. 6 of H.R. 4645
    as enacted into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
    The sec. 1606 previously appearing at this point was redesignated as
    sec. 1612.
    ---------------------------------------------------------------------------
              (1) the illicit narcotics epidemic currently
            afflicting the United States represents a direct threat
            to the well-being of every United States citizen;
              (2) every effective means must be pursued to reduce
            the foreign production and subsequent importation into
            the United States of illicit narcotics;
              (3) the multilateral development banks can play an
            integral role in efforts to control the production of
            illicit narcotics;
              (4) producer country narcotics eradication programs
            will not be effective unless such programs provide an
            economic alternative to the production of narcotics;
              (5) efforts to address the illicit narcotics epidemic
            through production control are doomed to failure unless
            greater effort is applied to curb use of and demand for
            illicit narcotics; and
              (6) the appropriate role for the multilateral
            development banks in the ``War Against Drugs'' is
            through coordinating and financing alternative economic
            opportunities in producer and trafficking countries.
        (b) Loan Programs to Reduce Economic Dependence on Illicit
    Narcotics.--The Secretary of the Treasury shall instruct the
    United States Executive Director of the International Bank for
    Reconstruction and Development and the United States Executive
    Director of the Inter-American Development Bank to initiate
    discussion with other executive directors of such institutions
    and to advocate and support the creation, within such
    institutions, of specific country lending programs and policies
    (including crop substitution, creation of roads conducive to
    the expansion of markets for licit goods, other infrastructure
    development measures such as development projects generating
    employment, agricultural extension assistance, and region-
    specific development plans) which are particularly oriented to
    reducing or eliminating the economic dependence of regions of
    borrowing countries known to be areas in which illicit
    narcotics are produced or trafficked, on such production and
    trafficking.
        (c) Coordination Among Assistance Programs Designed to
    Reduce Economic Dependency on Illicit Narcotics.--In addition,
    the Secretary of the Treasury should instruct the United States
    Executive Director of the International Bank for Reconstruction
    and Development and the United States Executive Director of the
    Inter-American Development Bank to encourage such institutions
    to provide coordination among other multilateral and bilateral
    assistance programs designed to reduce the economic dependence
    of regions of borrowing countries known to be areas in which
    illicit narcotics are produced or trafficked, on such
    production and trafficking.

    SEC. 1607.\64\ DIRECTIVES REGARDING GOVERNMENT-OWNED ENTERPRISES IN
                        COUNTRIES RECEIVING WORLD BANK LOANS.

        (a) Finding.--The Congress finds that a principal focus of
    United States Government policy in the multilateral development
    banks has been and should be to foster greater development of
    the private sector in member borrowing countries of such banks.
    ---------------------------------------------------------------------------
        \64\ 22 U.S.C. 262p-4b. Sec. 1607 was added by sec. 7 of H.R. 4645
    as enacted into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
    ---------------------------------------------------------------------------
        (b) Technical Assistance to Transform Government-Owned
    Enterprises Into Privately Owned Enterprises.--In order to
    assist and strengthen the advancement of ongoing efforts to
    have the International Bank for Reconstruction and Development
    play a key role in building a viable private sector in member
    borrowing countries of such bank, and to further assist such
    bank in its determination to facilitate the transfer of
    government-owned enterprises in such countries to private
    ownership, the Secretary of the Treasury shall instruct the
    United States Executive Director of such bank to vigorously
    encourage the provision of technical assistance to such
    countries (relying, where appropriate, on the expertise of the
    International Finance Corporation or the Multilateral
    Investment Guarantee Agency) to transform enterprises owned, in
    whole or part, by the governments of such countries into
    privately owned, self-sufficient enterprises. Such technical
    assistance may involve the valuation of the assets of such
    government-owned enterprises, the assessment of tender offers,
    and the creation or strengthening of market-based mechanisms to
    facilitate such a transfer of ownership.
        (c) Reports.--
              (1) In general.--The United States Executive Director
            of the International Bank for Reconstruction and
            Development shall submit 3 reports to the Congress on--
                      (A) the progress made in transforming
                    government owned enterprises into privately
                    owned enterprises as described in subsection
                    (b);
                      (B) the performance of the privately owned
                    enterprises resulting from such transformation;
                    and
                      (C) the contributions of development finance
                    companies toward strengthening the private
                    sector in member borrowing countries.
              (2) Timing.--The United States Executive Director of
            the International bank for Reconstruction and
            Development shall submit to the Congress the first
            report required by paragraph (2) within 1 year after
            the date of the enactment of this section, and shall
            submit additional reports 12 months, and 24 months,
            after the date the first report is submitted.

    SEC. 1608.\65\ INITIATION OF DISCUSSIONS TO FACILITATE DEBT-FOR-
                        DEVELOPMENT SWAPS FOR HUMAN WELFARE AND
                        ENVIRONMENTAL CONSERVATION.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \65\ 22 U.S.C. 262p-4c. Sec. 1608 was added by sec. 8 of H.R. 4645
    as enacted into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
    ---------------------------------------------------------------------------
              (1) voluntary debt-for-development swaps in heavily
            indebted developing nations can simultaneously
            facilitate reduction of the burden of external
            indebtedness and increase the resources available
            within the country for charitable, educational, and
            scientific purposes, including environmental
            conservation, educational, and scientific purposes,
            including environmental conservation, education, human
            welfare, health, agricultural research and development,
            microenterprise credit, and development of indigenous
            nonprofit organizations; and
              (2) heavily indebted developing countries may desire
            to facilitate such swaps to the maximum extent
            consistent with sound domestic economic management and
            minimization of inflationary impact.
        (b) Initiation of Discussions to Facilitate Debt-For-
    Development Swaps for Human Welfare and Environmental
    Conservation.--
              (1) In general.--The Secretary of the Treasury shall
            instruct the United States Executive Director of the
            International Bank for Reconstruction and Development
            to initiate discussions with the directors of such
            bank, the International Development Association, and
            the International Finance Corporation and propose that
            such institutions provide advice and assistance, as
            appropriate, to borrowing country governments desiring
            to facilitate debt-for-development swaps, on mechanisms
            (including trust funds) to accomplish this purpose,
            particularly in the context of debt rescheduling, which
            mechanisms result in sound management of the
            macroeconomic impact of such swaps on such countries,
            and preserve the value of the capital obtained through
            such swaps.
              (2) Definitions.--As used in this section:
                      (A) Debt-for-development swap.--The term
                    ``debt-for-development swap'' means the
                    purchase of qualified debt by, or the donation
                    of such debt to, an organization described in
                    section 501(c)(3) of the Internal Revenue Code
                    of 1986 which is exempt from taxation under
                    section 501(a) of such Code, and the subsequent
                    transfer of such debt to an organization
                    located in such foreign country in exchange for
                    an undertaking by such tax-exempt organization,
                    such foreign government, or such foreign
                    organization to engage in a charitable,
                    educational, or scientific activity.
                      (B) Qualified debt.--The term ``qualified
                    debt'' means--
                              (i) sovereign debt issued by a
                            foreign government;
                              (ii) debt owed by private
                            institutions in the country governed by
                            such foreign government; and
                              (iii) debt owed by institutions in
                            the country governed by such foreign
                            government, which are owned, in part,
                            by private persons and, in part, by
                            public institutions.

    SEC. 1609.\66\ INITIATION OF DISCUSSIONS TO FACILITATE FINANCING OF
                        HUMAN WELFARE AND NATURAL RESOURCE PROGRAMS IN SUB-
                        SAHARAN AFRICA IN CONNECTION WITH DEBT REDUCTION
                        AND CONVERSION.

        (a) Finding.--The Congress finds that--
    ---------------------------------------------------------------------------
        \66\ 22 U.S.C. 262p-4d. Added by sec. 9 of H.R. 4645 as enacted
    into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
    ---------------------------------------------------------------------------
              (1) the heavy burden of debt borne by sub-Saharan
            governments undermines efforts by such governments to
            finance projects and programs designed to promote
            charitable, educational, and scientific purposes,
            including education, human welfare, health,
            agricultural research and development, and
            conservation, restoration and enhancement of the
            natural resource base; and
              (2) the financing of programs to promote such
            charitable, educational, and scientific purposes should
            be facilitated in the context of reducing and
            converting sovereign debt of sub-Saharan governments,
            as encouraged in the final communique of the June 1988
            economic summit conference in Toronto, Canada, through
            such means as--
                      (A) concessional interest rates;
                      (B) extended repayment periods; or
                      (C) partial or complete write-offs of debt
                    service obligations.
        (b) Initiation of Discussions To Facilitate Financing of
    Human Welfare and Natural Resource Programs in Sub-Saharan
    Africa in Connection With Debt Reduction and Conversion.--The
    Secretary of the Treasury shall instruct the United States
    Executive Director of the African Development Bank and the
    African Development Fund to initiate discussions with the
    directors of such institutions and propose that such
    institutions, jointly with the International Bank for
    Reconstruction and Development, International Development
    Association, and the International Finance Corporation, as
    appropriate, provide advice and assistance to government
    creditors holding sovereign debt of any sub-Saharan government,
    and to sub-Saharan governments which desire to finance programs
    with local currencies obtained through debt reduction and
    conversion to promote charitable, educational, and scientific
    (including conservation and restoration of natural resources)
    purposes, as a condition of reducing or converting such
    sovereign debt.

    SEC. 1610.\67\ EXTENT TO WHICH BORROWING COUNTRY GOVERNMENTS HAVE
                        HONORED DEBT-FOR-DEVELOPMENT SWAP AGREEMENTS TO BE
                        CONSIDERED AS FACTOR IN MAKING LOANS TO SUCH
                        BORROWERS.

        (a) In General.--The Secretary of the Treasury shall
    instruct the United States Executive Director of the
    International Bank for Reconstruction and Development to
    initiate discussions with the directors of such bank and
    propose that such bank consider, as an important factor in
    making loans to borrowing country governments, the history of
    compliance by such governments with, and the extent to which
    such governments have honored, agreements entered into by such
    governments as part of any debt-for-development swap which
    requires such governments to set aside or otherwise limit the
    use of real property to conservation purposes.
    ---------------------------------------------------------------------------
        \67\ 22 U.S.C. 262p-4e. Sec. 1610 was added by sec. 10 of H.R. 4645
    as enacted into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
    ---------------------------------------------------------------------------
        (b) Definitions.--As used in this section:
              (1) Debt-for-development swap.--The term ``debt-for-
            development swap'' means the purchase of qualified debt
            by, or the donation of such debt to, an organization
            described in section 501(c)(3) of the Internal Revenue
            code of 1986 which is exempt from taxation under
            section 501(a) of such Code, and the subsequent
            transfer of such debt to an organization located in
            such foreign country in exchange for an undertaking by
            such tax-exempt organization, such foreign government,
            or such foreign organization to engage in a charitable,
            educational, or scientific activity.
              (2) Qualified debt.--The term ``qualified debt''
            means--
                      (A) sovereign debt issued by a foreign
                    government;
                      (B) debt owed by private institutions in the
                    country governed by such foreign government;
                    and
                      (C) debt owed by institutions in the country
                    governed by such foreign government which are
                    owned, in part, by private persons and, in
                    part, by public institutions.

    SEC. 1611.\68\ ASSISTANCE TO COUNTRIES TO DEVELOP STATISTICAL
                        ASSESSMENT OF THE WELL-BEING OF THE POOR.

        (a) Finding.--The Congress finds that--
    ---------------------------------------------------------------------------
        \68\ 22 U.S.C. 262p-4f. Added by sec. 11 of H.R. 4645 as enacted
    into law by sec. 555 of Public Law 100-461 (102 Stat. 2268).
    ---------------------------------------------------------------------------
              (1) improvements in the capacity of developing
            countries to measure and monitor regularly the
            nutritional and physical well-being of the poorest 40
            percent of the population of each of such countries is
            essential to the development of policies to reduce
            absolute poverty;
              (2) internationally accepted statistical indicators
            that measure reliably the extent of absolute poverty
            and identify the location and characteristics of the
            poor are being developed and refined to guide policy
            formulation and target assistance to the poor;
              (3) such guidance by indicators is, however, not able
            to be used in some developing countries, especially the
            poorest countries, due to the woeful unavailability of
            statistical data;
              (4) the International Bank for Reconstruction and
            Development and the International Development
            Association have the technical and financial capability
            to assist borrowing country governments to develop such
            statistical measurement capabilities for social
            indicators necessary for the design and monitoring of
            poverty-reduction policies for such governments;
              (5) availability of social indicator data is also
            essential to the work of such institutions,
            particularly in monitoring the impact of structural
            adjustment lending on the poor; and
              (6) availability of such indicators will also
            facilitate the measurement of progress in the
            alleviation of poverty by other donor agencies, public
            and private.
        (b) Assistance to Countries to Develop Statistical
    Assessment of the Well-Being of the Poor.--The Secretary of the
    treasury shall instruct the United States Executive Director of
    the International Bank for Reconstruction and Development and
    the International Development Association to advocate and
    support, as an immediate priority, assistance by such
    institutions to borrowing country governments to develop
    appropriate statistical measures for assessing the physical
    well-being of the poor, by sex and age, by using such
    indicators as mortality, health, education, and nutrition, as
    well as wealth and income, and maintain and publish such
    indicators on an ongoing basis.

    SEC. 1612.\69\ DIRECTIVES REGARDING GOVERNMENT-OWNED ENTERPRISES IN
                        COUNTRIES RECEIVING IADB LOANS.

        (a) Finding.--The Congress finds that a principal focus of
    United States Government policy in the multilateral development
    banks has been and should be to foster greater development of
    the private sector in member borrowing countries of such banks.
    ---------------------------------------------------------------------------
        \69\ 22 U.S.C. 262p-4g. Sec. 206 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2499),
    redesignated sec. 1612 as 1613 (originally enacted as sec. 1605,
    ultimately redesignated as sec. 1622), and added sec. 1612.
    ---------------------------------------------------------------------------
      (b) Technical Assistance to Transform Government-Owned
    Enterprises Into Privately Owned Enterprises.--In order to
    assist and strengthen the advancement of ongoing efforts to
    have the Inter-American Development Bank play a key role in
    building a viable private sector in member borrowing countries
    of such bank, and to further assist such bank in its
    determination to facilitate the transfer of government-owned
    enterprises in such countries to private ownership, the
    Secretary of the Treasury shall instruct the United States
    Executive Director of such bank to vigorously encourage the
    provision of technical assistance to such countries to
    transform enterprises owned, in whole or in part, by the
    governments of such countries into privately owned, self-
    sufficient enterprises. Such technical assistance may involve
    the valuation of the assets of such government-owned
    enterprises, the assessment of tender offers, and the creation
    or strengthening of market-based mechanisms to facilitate such
    a transfer of ownership.

    SEC. 1613.\70\ DISCUSSIONS TO INCREASE THE PRODUCTIVE ECONOMIC
                        PARTICIPATION OF THE POOR; REPORTS.

        (a) In General.--The Secretary of the Treasury shall
    instruct the United States Executive Director for each
    multilateral development bank to vigorously and continually
    advocate, in all replenishment negotiations and in discussion
    with other directors of such bank and with such bank, the
    following:
    ---------------------------------------------------------------------------
        \70\ 22 U.S.C. 262p-4h. Sec. 501 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2505)
    redesignated sec. 1613 (originally enacted as sec. 1605, ultimately
    redesignated as sec. 1622), and added sec. 1613.
    ---------------------------------------------------------------------------
              (1) A major objective of such bank's operations and
            financing in each borrowing country, as a long term
            priority, should be to increase the productive role of
            the poor in the economy of such country.
              (2) Such bank should encourage and assist each
            borrowing country to develop sustainable national plans
            and strategies to eliminate the causes and alleviate
            the manifestations of poverty which keep the poor from
            leading economically and socially productive lives.
            Such plans and strategies should give attention to--
                      (A) the enhancement of human resources,
                    including programs for basic nutrition, primary
                    health services, basic education, and safe
                    water and basic sanitation;
                      (B) access to income-generating activities,
                    employment, and productive assets such as land
                    and credit; and
                      (C) consultation with public sector social
                    agencies and local non-governmental
                    organizations.
              (3) As an integral element of ongoing policy dialogue
            with each borrowing country to design structural
            adjustment plans and project lending programs, such
            bank should provide assistance consistent with
            achieving the objectives of the country's national plan
            for increasing the productive economic participation of
            the poor. Such dialogue should be conducted with
            government agencies working in social and economic
            sectors and with non-governmental groups in the
            borrowing country, especially those that have
            grassroots involvement with poor people.
              (4) In an annual review document, such bank should
            describe the extent to which the goal of increasing the
            productive economic participation of the poor is being
            advanced or retarded and the steps that are being taken
            to overcome obstacles to its fulfillment. Such review
            should be based on information contained in the bank's
            country implementation review documents and in the
            country strategy documents for each borrowing country.
            Such country strategy documents should describe the
            national strategy for productive economic participation
            of the poor and the steps the bank plans to take to
            assist the borrowing country during the period covered
            by the country strategy document.
              (5) Such bank should assist countries in assessing
            and monitoring progress in achieving poverty
            alleviation goals and targets through measurement by
            appropriate social indicators.
              (6) Such bank should adopt procedures and budgetary
            allocations for administrative purposes, and establish
            appropriate staffing levels, to ensure that adequate
            resources are available to implement the bank's program
            for enhancing the productive economic participation of
            the poor, in consultation with non-governmental groups.
              (7) Such bank should adopt, as a separate and major
            criterion in the allocation of concessional financing
            resources, a preferential allocation to each country
            which undertakes significant efforts to enhance the
            productive economic participation of the poor.
              (8) Such bank should require each country which
            receives structural adjustment assistance to have in
            place, after a reasonable phase-in period, a strategy
            to enhance the productive economic participation of the
            poor.
      (b) Progress Report.--Before the end of the 1-year period
    beginning on the date of the enactment of this section, the
    Secretary of the Treasury shall submit to the Committee on
    Banking, Finance and Urban Affairs \12\ and the Committee on
    Appropriations of the House of Representatives, and the
    Committee on Foreign Relations and the Committee on
    Appropriations of the Senate, a report on the following:
              (1) The status of advocacy and progress being made to
            implement the objectives of subsection (a), describing
            the success to date, the obstacles encountered, and
            future expectations of progress.
              (2) A description of the progress to date in
            achieving the purposes of section 1611, including the
            institutional capacity and effort devoted to assisting
            in the development of statistical measures to assess
            the well-being of the poor.
              (3) A description and evaluation of the progress to
            date in developing effective mechanisms for involving
            non-governmental organizations, directly or indirectly,
            in the design, implementation, and monitoring of
            development projects, programs, and policies of the
            multilateral development banks.

    SEC. 1614.\71\ MULTILATERAL DEVELOPMENT BANKS AND DEBT-FOR-NATURE
                        EXCHANGES.

        (a) Directions to the United States Executive Directors.--
    The Secretary of the Treasury shall direct the United States
    Executive Directors of the multilateral development banks to--
    ---------------------------------------------------------------------------
        \71\ 22 U.S.C. 262p-4i. Sec. 512 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2508)
    redesignated sec. 1614 (originally enacted as sec. 1605) as sec. 1617
    (ultimately as sec. 1622), and added secs. 1614 through 1616.
    ---------------------------------------------------------------------------
              (1) negotiate for the creation in each respective
            multilateral development bank, except where the
            Secretary of the Treasury determines that the
            provisions of this subsection have previously been met,
            of a department that will--
                      (A) be responsible for environmental
                    protection and resource conservation, including
                    support for restoration, protection, and
                    sustainable use policies;
                      (B) develop and monitor strict environmental
                    guidelines and policies to govern lending
                    activities; and
                      (C) actively promote, coordinate and
                    facilitate debt-for-nature exchanges and the
                    restoration, protection, and sustainable use of
                    tropical forests, renewable natural resources,
                    endangered ecosystems and species in debtor
                    countries;
              (2) support and encourage the approval of
            multilateral development bank loans which include
            provisions that foster and facilitate the
            implementation of a sound and effective environmental
            policy in the borrowing country;
              (3) encourage the banks to assist such countries in
            reducing and restructuring private debt through the use
            of a portion of a project or policy based environmental
            loan in ways which will enable such countries to buy
            back private debt at a rate of discount available for
            such debt, at auction in the secondary market or
            through negotiations with creditors holding such debt;
              (4) seek to ensure that staff of each bank facilitate
            debtor countries' collaboration with local and
            international non-governmental or private organizations
            in implementing debt-for-nature exchanges; and
              (5) seek to ensure that each bank adopts policy
            guidelines which to the maximum extent possible provide
            for--
                      (A) the inclusion of sustainable use policies
                    in loan agreements negotiated with borrower
                    members;
                      (B) the adoption of economic programs to
                    foster sound environmental policies; and
                      (C) the provision of debtor countries' policy
                    changes or significant increases in financial
                    resources for use in at least 1 of the
                    following--
                              (i) restoration, protection, or
                            sustainable use of the world's oceans
                            and atmosphere;
                              (ii) restoration, protection, or
                            sustainable use of diverse animal and
                            plant species;
                              (iii) establishment, restoration,
                            protection, and maintenance of parks
                            and reserves;
                              (iv) development and implementation
                            of sound systems of natural resource
                            management;
                              (v) development and support of local
                            conservation programs;
                              (vi) training programs to strengthen
                            conservation institutions and increase
                            scientific, technical, and managerial
                            capabilities of individuals and
                            organizations involved in conservation
                            efforts;
                              (vii) efforts to generate knowledge,
                            increase understanding, and enhance
                            public commitment to conservation;
                              (viii) design and implementation of
                            sound programs of land and ecosystem
                            management; and
                              (ix) promotion of regenerative
                            approaches in farming, forestry, and
                            watershed management.
      (b) Negotiation of Guidelines for Restoration, Protection, or
    Sustainable Use Policies.--The United States Executive
    Directors of the multilateral development banks shall seek to
    negotiate with the other executive directors to provide
    guidelines for restoration, protection, or sustainable use
    policies. Pending the outcome of such negotiations, the United
    States Executive Directors shall consider restoration,
    protection, or sustainable use policies to be those which--
              (1) support development that maintains and restores
            the renewable natural resource base so that present and
            future needs of debtor countries' populations can be
            met, while not impairing critical ecosystems and not
            exacerbating global environmental problems;
              (2) are environmentally sustainable in that resources
            are conserved and managed in an effort to remove
            pressure on the natural resource base and to make
            judicious use of the land so as to sustain growth and
            the availability of all natural resources;
              (3) support development that does not exceed the
            limits imposed by local hydrological cycles, soil,
            climate, vegetation, and human cultural practices;
              (4) promote the maintenance and restoration of soils,
            vegetation, hydrological cycles, wildlife, critical
            ecosystems (tropical forests, wetlands, and coastal
            marine resources), biological diversity and other
            natural resources essential to economic growth and
            human well-being and shall, when using natural
            resources, be implemented to minimize the depletion of
            such natural resources; and
              (5) take steps, wherever feasible, to prevent
            pollution that threatens human health and important
            biotic systems and to achieve patterns of energy
            consumption that meet human needs and relies on
            renewable resources.
      (c) Inclusion of Certain Items in Guidelines.--The United
    States Executive Directors shall endeavor to include the
    provisions of paragraphs (1) through (5) of subsection (b) in
    the guidelines developed through the negotiations specified in
    this section.

    SEC. 1615.\72\ PROMOTION OF LENDING FOR THE ENVIRONMENT.

        The Secretary of the Treasury shall instruct the United
    States Executive Director of the International Bank for
    Reconstruction and Development to initiate discussions with the
    other executive directors of such bank and the management of
    such bank and propose that, in order to reduce the future need
    for bank lending for reforestation and restoration of
    environmentally degraded areas, the bank establish a project
    and policy based environmental lending program (including a
    loan a portion of which could be used to reduce and restructure
    private debt), to be made available to interested countries
    with a demonstrated commitment to natural resource
    conservation, which would be based on--
    ---------------------------------------------------------------------------
        \72\ 22 U.S.C. 262p-4j. Sec. 512 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2508) added sec.
    1615.
    ---------------------------------------------------------------------------
              (1) the estimated long-term economic return which
            could be expected from the sustainable use and
            protection of tropical forests, including the value of
            tropical forests for indigenous people and for science;
              (2) the value derived from such services as--
                      (A) watershed management;
                      (B) soil erosion control;
                      (C) the maintenance and improvement of--
                              (i) fisheries;
                              (ii) water supply regulation for
                            industrial development;
                              (iii) food;
                              (iv) fuel;
                              (v) fodder; and
                              (vi) building materials for local
                            communities;
                      (D) the extraction of naturally occurring
                    products from locally controlled protected
                    areas; and
                      (E) indigenous knowledge of the management
                    and use of natural resources; and
              (3) the long-term benefits expected to be derived
            from maintaining biological diversity and climate
            stabilization.

    SEC. 1616.\73\ PROMOTION OF INSTITUTION-BUILDING FOR NONGOVERNMENTAL
                        ORGANIZATIONS CONCERNED WITH THE ENVIRONMENT.

        The Secretary of the Treasury shall instruct the United
    States Executive Directors of the multilateral development
    banks to vigorously promote the adoption of policies and
    procedures which seek to--
    ---------------------------------------------------------------------------
        \73\ 22 U.S.C. 262p-4k. Sec. 512 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2510) added sec.
    1616.
    ---------------------------------------------------------------------------
              (1) increase collaboration with, and, where
            necessary, strengthen, nongovernmental organizations in
            such countries which are concerned with environmental
            protection by providing appropriate assistance and
            support for programs and activities on environmental
            protection; and
              (2) encourage international collaboration for
            information exchange and project enhancement with
            nongovernmental organizations in developing countries
            which are concerned with environmental protection and
            government agencies and private voluntary organizations
            in developed countries which are concerned with
            environmental protection.

    SEC. 1617.\74\ IMPROVEMENT OF INTERACTION BETWEEN INTERNATIONAL BANK
                        FOR RECONSTRUCTION AND DEVELOPMENT AND
                        NONGOVERNMENTAL ORGANIZATIONS.

      (a) In General.--The Secretary of the Treasury shall instruct
    the United States Executive Director of the International Bank
    for Reconstruction and Development to propose, and urge the
    Executive Board and the management of the bank to develop and
    implement specific mechanisms designed to--
    ---------------------------------------------------------------------------
        \74\ 22 U.S.C. 262p-4l. Added by sec. 562(a)(2) of Public Law 101-
    513 (104 Stat. 2032). The former sec. 1617 was redesignated as sec.
    1620, and subsequently redesignated as sec. 1622 by Public Law 103-306.
    ---------------------------------------------------------------------------
              (1) substantially improve the ability of the staff of
            the bank to interact with nongovernmental organizations
            and other local groups that are affected by loans made
            by the bank to borrower countries; and
              (2) delegate to the field offices of the bank in
            borrowing countries greater responsibility for
            decisions with respect to proposals for projects in
            such countries that are to be financed by the bank.
      (b) Certain Mechanisms Urged.--The mechanisms described in
    subsection (a) shall include, at a minimum, the following
    measures:
              (1) An instruction to the management of the bank to
            undertake efforts to appropriately train and
            significantly increase the number of bank professional
            staff (based in Washington, District of Columbia, as of
            the date of the enactment of this section) assigned, on
            a rotating basis, to field offices of the bank in
            borrower countries.
              (2) The assignment to at least 1 professional in each
            field office of the bank in a borrower country of
            responsibility for relations with local nongovernmental
            organizations, and for the preparation and submission
            to appropriate staff of the bank of a report on the
            impact of project loans to be made by the bank to the
            country, based on views solicited from local people who
            will be affected by such loans, which shall be included
            as part of the project appraisal report.
              (3) The establishment of the Grassroots Collaboration
            Program described in section 1602(a).
              (4) Before a project loan is made to a borrower
            country, the country is to be required to hold open
            hearings on the proposed project during project
            identification and project preparation.
              (5) The establishment of assessment procedures which
            allow affected parties and nongovernmental
            organizations to review information describing a
            prospective project or policy loan design, in a timely
            manner, before the loan is submitted to the Executive
            Board for approval.

    SEC. 1618.\75\ POPULATION, HEALTH, AND NUTRITION PROGRAMS.

      The Secretary of the Treasury shall instruct the United
    States Executive Director of the International Bank for
    Reconstruction and Development to urge the bank to support an
    increase in the amount the bank lends annually to support
    population, health, and nutrition programs of the borrower
    countries.
    ---------------------------------------------------------------------------
        \75\ 22 U.S.C. 262p-4m. Sec. 562(a)(2) of Public Law 101-513 (104
    Stat. 2032) added sec. 1618.
    ---------------------------------------------------------------------------

    SEC. 1619.\76\ EQUAL EMPLOYMENT OPPORTUNITIES.

      The Secretary of the Treasury shall instruct the United
    States Executive Directors of the multilateral development
    banks and of the International Monetary Fund to use the voices
    and votes of the Executive Directors to urge their respective
    banks and the Fund to adopt a policy which provides, and
    implement procedures which ensure, that such banks and the
    Fund, and the affiliates of such banks and of the Fund, shall
    not discriminate against any person on the basis of race,
    ethnicity, gender, color, or religious affiliation in any
    determination related to employment.
    ---------------------------------------------------------------------------
        \76\ 22 U.S.C. 262p-4n. Sec. 562(b)(1) of Public Law 101-513 (104
    Stat. 2032) added sec. 1619.
    ---------------------------------------------------------------------------

    SEC. 1620.\77\ RESPECT FOR INDIGENOUS PEOPLES.

        The Secretary of the Treasury shall direct the United
    States Executive Directors of the international financial
    institutions (as defined in section 1701(c)(2)) and the United
    States representative to the council of the Global Environment
    Facility administered by the International Bank for
    Reconstruction and Development to use the voice and vote of the
    United States to bring about the creation and full
    implementation of policies designed to promote respect for and
    full protection of the territorial rights, traditional
    economies, cultural integrity, traditional knowledge and human
    rights of indigenous peoples.
    ---------------------------------------------------------------------------
        \77\ 22 U.S.C. 262p-4o. Sec. 526(e) of Public Law 103-306 (108
    Stat. 1633) added sec. 1620.
    ---------------------------------------------------------------------------

    SEC. 1621.\78\ ENCOURAGEMENT OF FAIR LABOR PRACTICES.

        (a) The Secretary of the Treasury shall direct the United
    States Executive Directors of the international financial
    institutions (as defined in section 1701(c)(2)) to use the
    voice and vote of the United States to urge the respective
    institution--
    ---------------------------------------------------------------------------
        \78\ 22 U.S.C. 262p-4p. Added by sec. 526(e) of Public Law 103-306
    (108 Stat. 1633).
    ---------------------------------------------------------------------------
              (1) to adopt policies to encourage borrowing
            countries to guarantee internationally recognized
            worker rights (within the meaning of section 507(4)
            \79\ of the Trade Act of 1974) and to include the
            status of such rights as an integral part of the
            institution's policy dialogue with each borrowing
            country;
    ---------------------------------------------------------------------------
        \79\ Sec. 1954(b)(4) of Public Law 104-188 (110 Stat. 1928) struck
    out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
    ---------------------------------------------------------------------------
              (2) in developing the policies referred to in
            paragraph (1), to use the relevant conventions of the
            International Labor Organization, which have set forth,
            among other things, the right of association, the right
            to organize and bargain collectively, a prohibition on
            the use of any form of forced or compulsory labor, and
            certain minimum labor standards that take into account
            differences in development levels among nations
            including a minimum age for the employment of children,
            acceptable conditions of work with respect to minimum
            wages, hours of work, and occupational safety and
            health; and
              (3) to establish formal procedures to screen projects
            and programs funded by the institution for any negative
            impact in a borrowing country on the rights referred to
            in paragraph (1).
        (b) The Secretary of the Treasury shall submit to the
    Committee on Banking, Finance and Urban Affairs \12\ of the
    House of Representatives and the Committee on Foreign Relations
    of the Senate by the end of each fiscal year a report on the
    extent to which each borrowing country guarantees
    internationally recognized worker rights to its labor force and
    on progress toward achieving each of the goals described in
    subsection (a).

    SEC. 1621.\80\ OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
                        INSTITUTIONS TO TERRORIST STATES.

        (a) In General.--The then Secretary of the Treasury shall
    instruct the United States executive director of each
    international financial institution to use the voice and vote
    of the United States to oppose any loan or other use of the
    funds of the respective institution to or for a country for
    which the Secretary of State has made a determination under
    section 6(j) of the Export Administration Act of 1979 (50
    U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2371).
    ---------------------------------------------------------------------------
        \80\ 22 U.S.C. 262p-4q. Added by sec. 327 of the Antiterrorism and
    Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.
    1257), resulting in two ``Sec. 1621''.
        Similar language had previously been adopted in annual foreign
    assistance appropriations acts since fiscal year 1988.
        See also sec. 360 of the USA PATRIOT Act of 2001 (Public Law 107-
    56; 115 Stat. 329), as amended, which states:
    ---------------------------------------------------------------------------

    ``sec. 360. use of authority of united states executive directors.
    ---------------------------------------------------------------------------

        ``(a) Action by the President.--If the President determines that a
    particular foreign country has taken or has committed to take actions
    that contribute to efforts of the United States to respond to, deter,
    or prevent acts of international terrorism, the Secretary may,
    consistent with other applicable provisions of law, instruct the United
    States Executive Director of each international financial institution
    to use the voice and vote of the Executive Director to support any loan
    or other utilization of the funds of the respective institutions for
    such country, or any public or private entity within such country.
        ``(b) Use of Voice and Vote.--The Secretary may instruct the United
    States Executive Director of each international financial institution
    to aggressively use the voice and vote of the Executive Director to
    require an auditing of disbursements at such institution to ensure that
    no funds are paid to persons who commit, threaten to commit, or support
    terrorism.
        ``(c) Definition.--For purposes of this section, the term
    `international financial institution' means an institution described in
    section 1701(c)(2) of the International Financial Institutions Act (22
    U.S.C. 262r(c)(2)).''.
    ---------------------------------------------------------------------------
        (b) Definition.--For purposes of this section, the term
    ``international financial institution'' includes--
              (1) the International Bank for Reconstruction and
            Development, the International Development Association,
            and the International Monetary Fund;
              (2) wherever applicable, the Inter-American Bank, the
            Asian Development Bank, the European Bank for
            Reconstruction and Development, the African Development
            Bank, and the African Development Fund; and
              (3) any similar institution established after the
            date of enactment of this section.
        Sec. 1622.\81\ For purposes of this title and titles XIV
    and XV--
    ---------------------------------------------------------------------------
        \81\ 22 U.S.C. 262p-5. Sec. 1622, originally added as sec. 1605 by
    Public Law 100-202 (101 Stat. 1329 at 1329-134), was redesignated as
    sec. 1612 by sec. 6 of H.R. 4645 as enacted into law by Public Law 100-
    461 (102 Stat. 2268). This section was redesignated as sec. 1613 by
    sec. 206 of Public Law 101-240 (103 Stat. 2499), further redesignated
    as sec. 1614 by sec. 501 of that Act, and further redesignated as sec.
    1617 by that Act. Sec. 562(a)(2) of Public Law 101-513 (104 Stat. 2032)
    redesignated as sec. 1619 and added new secs. 1617 and 1618. This
    section was further redesignated as sec. 1620 by sec. 562(b)(1) of
    Public Law 101-513 (104 Stat. 2033), which added a new sec. 1619. The
    section was further redesignated as sec. 1622 by sec. 526(e) of Public
    Law 103-306 (108 Stat. 1633), which added new secs. 1620 and 1621.
    ---------------------------------------------------------------------------
              (1) the term ``multilateral development bank'' means
            the International Bank for Reconstruction and
            Development, the International Development Association,
            and the regional multilateral development banks; and
              (2) the term ``regional multilateral development
            bank'' means the Inter-American Development Bank, the
            African Development Bank, the African Development Fund,
            and the Asian Development Bank.

    SEC. 1623.\82\ IMPROVEMENT OF THE HEAVILY INDEBTED POOR COUNTRIES
                        INITIATIVE.
    ---------------------------------------------------------------------------

        \82\ 22 U.S.C. 262p-6. Added by sec. 502 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2000 (Public
    Law 106-113; 113 Stat. 1501A-313).
    ---------------------------------------------------------------------------
        (a) Improvement of the HIPC Initiative.--In order to
    accelerate multilateral debt relief and promote human and
    economic development and poverty alleviation in heavily
    indebted poor countries, the Congress urges the President to
    commence immediately efforts, with the Paris Club of Official
    Creditors, as well as the International Monetary Fund (IMF),
    the International Bank for Reconstruction and Development
    (World Bank), and other appropriate multilateral development
    institutions to accomplish the following modifications to the
    Heavily Indebted Poor Countries Initiative:
              (1) Focus on poverty reduction, good governance,
            transparency, and participation of citizens.--A country
            which is otherwise eligible to receive cancellation of
            debt under the modified Heavily Indebted Poor Countries
            Initiative may receive such cancellation only if the
            country has committed, in connection with social and
            economic reform programs that are jointly developed,
            financed, and administered by the World Bank and the
            IMF--
                      (A) to enable, facilitate, or encourage the
                    implementation of policy changes and
                    institutional reforms under economic reform
                    programs, in a manner that ensures that such
                    policy changes and institutional reforms are
                    designed and adopted through transparent and
                    participatory processes;
                      (B) to adopt an integrated development
                    strategy to support poverty reduction through
                    economic growth, that includes monitorable
                    poverty reduction goals;
                      (C) to take steps so that the financial
                    benefits of debt relief are applied to programs
                    to combat poverty (in particular through
                    concrete measures to improve economic
                    infrastructure, basic services in education,
                    nutrition, and health, particularly treatment
                    and prevention of the leading causes of
                    mortality) and to redress environmental
                    degradation;
                      (D) to take steps to strengthen and expand
                    the private sector, encourage increased trade
                    and investment, support the development of free
                    markets, and promote broad-scale economic
                    growth;
                      (E) to implement transparent policy making
                    and budget procedures, good governance, and
                    effective anticorruption measures;
                      (F) to broaden public participation and
                    popular understanding of the principles and
                    goals of poverty reduction, particularly
                    through economic growth, and good governance;
                    and
                      (G) to promote the participation of citizens
                    and nongovernmental organizations in the
                    economic policy choices of the government.
              (2) Faster debt relief.--The Secretary of the
            Treasury should urge the IMF and the World Bank to
            complete a debt sustainability analysis by December 31,
            2000, and determine eligibility for debt relief, for as
            many of the countries under the modified Heavily
            Indebted Poor Countries Initiative as possible.
        (b) Heavily Indebted Poor Countries Review.--The Secretary
    of the Treasury, after consulting with the Committees on
    Banking and Financial Services and International Relations of
    the House of Representatives, and the Committees on Foreign
    Relations and Banking, Housing, and Urban Affairs of the
    Senate, shall make every effort (including instructing the
    United States Directors at the IMF and World Bank) to ensure
    that an external assessment of the modified Heavily Indebted
    Poor Countries Initiative, including the reformed Enhanced
    Structural Adjustment Facility program as it relates to that
    Initiative, takes place by December 31, 2001, incorporating the
    views of debtor governments and civil society, and that such
    assessment be made public.
        (c) Definition.--The term `modified Heavily Indebted Poor
    Countries Initiative' means the multilateral debt initiative
    presented in the Report of G-7 Finance Ministers on the Koln
    Debt Initiative to the Koln Economic Summit, Cologne, Germany,
    held from June 18-20, 1999.

    SEC. 1624.\83\ REFORM OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY.

        The Secretary of the Treasury shall instruct the United
    States Executive Directors at the International Bank for
    Reconstruction and Development (World Bank) and the
    International Monetary Fund (IMF) to use the voice and vote of
    the United States to promote the establishment of poverty
    reduction strategy policies and procedures at the World Bank
    and the IMF that support countries' efforts under programs
    developed and jointly administered by the World Bank and the
    IMF that have the following components:
    ---------------------------------------------------------------------------
        \83\ 22 U.S.C. 262p-7. Added by sec. 502 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2000 (Public
    Law 106-113; 113 Stat. 1501A-313).
    ---------------------------------------------------------------------------
              (1) The development of country-specific poverty
            reduction strategies (Poverty Reduction Strategies)
            under the leadership of such countries that--
                      (A) will be set out in poverty reduction
                    strategy papers (PRSPs) that provide the basis
                    for the lending operations of the International
                    Development Association (IDA) and the reformed
                    Enhanced Structural Adjustment Facility (ESAF);
                      (B) will reflect the World Bank's role in
                    poverty reduction and the IMF's role in
                    macroeconomic issues;
                      (C) will make the IMF's and the World Bank's
                    advice and operations fully consistent with the
                    objectives of poverty reduction through broad-
                    based economic growth; and
                      (D) should include--
                              (i) implementation of transparent
                            budgetary procedures and mechanisms to
                            help ensure that the financial benefits
                            of debt relief under the modified
                            Heavily Indebted Poor Countries
                            Initiative (as defined in section 1623)
                            are applied to programs that combat
                            poverty; and
                              (ii) monitorable indicators of
                            progress in poverty reduction.
              (2) The adoption of procedures for periodic
            comprehensive reviews of reformed ESAF and IDA programs
            to help ensure progress toward longer-term poverty
            goals outlined in the Poverty Reduction Strategies and
            to allow adjustments in such programs.
              (3) The publication of the PRSPs prior to Executive
            Board review of related programs under IDA and the
            reformed ESAF.
              (4) The establishment of a standing evaluation unit
            at the IMF, similar to the Operations Evaluation
            Department of the World Bank, that would report
            directly to the Executive Board of the IMF and that
            would undertake periodic reviews of IMF operations,
            including the operations of the reformed ESAF,
            including--
                      (A) assessments of experience under the
                    reformed ESAF programs in the areas of poverty
                    reduction, economic growth, and access to basic
                    social services;
                      (B) assessments of the extent and quality of
                    participation in program design by citizens;
                      (C) verifications that reformed ESAF programs
                    are designed in a manner consistent with the
                    Poverty Reduction Strategies; and
                      (D) prompt release to the public of all
                    reviews by the standing evaluation unit.
              (5) The promotion of clearer conditionality in IDA
            and reformed ESAF programs that focuses on reforms most
            likely to support poverty reduction through broad-based
            economic growth.
              (6) The adoption by the IMF of policies aimed at
            reforming ESAF so that reformed ESAF programs are
            consistent with the Poverty Reduction Strategies.
              (7) The adoption by the World Bank of policies to
            help ensure that its lending operations in countries
            eligible for debt relief under the modified Heavily
            Indebted Poor Countries Initiative are consistent with
            the Poverty Reduction Strategies.
              (8) Strengthening the linkage between borrower
            country performance and lending operations by IDA and
            the reformed ESAF on the basis of clear and monitorable
            indictors.
              (9) Full public disclosure of the proposed objectives
            and financial organization of the successor to the ESAF
            at least 90 days before any decision by the Executive
            Board of the IMF to consider its adoption.

    SEC. 1625.\84\ MODIFICATION OF THE ENHANCED HIPC INITIATIVE.

        (a) Authority.--
              (1) In general.--The Secretary of the Treasury should
            immediately commence efforts within the Paris Club of
            Official Creditors, the International Bank for
            Reconstruction and Development, the International
            Monetary Fund, and other appropriate multilateral
            development institutions to modify the Enhanced HIPC
            Initiative so that the amount of debt stock reduction
            approved for a country eligible for debt relief under
            the Enhanced HIPC Initiative shall be sufficient to
            reduce, for each of the first 3 years after the date of
            enactment of this section or the Decision Point,
            whichever is later--
    ---------------------------------------------------------------------------
        \84\ 22 U.S.C. 262p-8. Sec. 501 of the United States Leadership
    Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
    108-25; 117 Stat. 747) added sec. 1625.
    ---------------------------------------------------------------------------
                      (A) the net present value of the outstanding
                    public and publicly guaranteed debt of the
                    country--
                              (i) as of the decision point if the
                            country has already reached its
                            decision point; or
                              (ii) as of the date of enactment of
                            this Act, if the country has not
                            reached its decision point,
            to not more than 150 percent of the annual value of
            exports of the country for the year preceding the
            Decision Point; and
                      (B) the annual payments due on such public
                    and publicly guaranteed debt to not more than--
                              (i) 10 percent or, in the case of a
                            country suffering a public health
                            crisis (as defined in subsection (e)),
                            not more than 5 percent, of the amount
                            of the annual current revenues received
                            by the country from internal resources;
                            or
                              (ii) a percentage of the gross
                            national product of the country, or
                            another benchmark, that will yield a
                            result substantially equivalent to that
                            which would be achieved through
                            application of subparagraph (A).
              (2) Limitation.--In financing the objectives of the
            Enhanced HIPC Initiative, an international financial
            institution shall give priority to using its own
            resources.
        (b) Relation to Poverty and the Environment.--Debt
    cancellation under the modifications to the Enhanced HIPC
    Initiative described in subsection (a) should not be
    conditioned on any agreement by an impoverished country to
    implement or comply with policies that deepen poverty or
    degrade the environment, including any policy that--
              (1) implements or extends user fees on primary
            education or primary health care, including prevention
            and treatment efforts for HIV/AIDS, tuberculosis,
            malaria, and infant, child, and maternal well-being;
              (2) provides for increased cost recovery from poor
            people to finance basic public services such as
            education, health care, clean water, or sanitation;
              (3) reduces the country's minimum wage to a level of
            less than $2 per day or undermines workers' ability to
            exercise effectively their internationally recognized
            worker rights, as defined under section 526(e) of the
            Foreign Operations, Export Financing and Related
            Programs Appropriations Act, 1995 (22 U.S.C. 262p-4p);
            \85\ or
    ---------------------------------------------------------------------------
        \85\ Sec. 526(e) of the Foreign Operations, Export Financing and
    Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
    Stat. 1634) added sec. 1621 to this Act.
    ---------------------------------------------------------------------------
              (4) promotes unsustainable extraction of resources or
            results in reduced budget support for environmental
            programs.
        (c) Conditions.--A country shall not be eligible for
    cancellation of debt under modifications to the Enhanced HIPC
    Initiative described in subsection (a) if the government of the
    country--
              (1) has an excessive level of military expenditures;
              (2) has repeatedly provided support for acts of
            international terrorism, as determined by the Secretary
            of State under section 6(j)(1) of the Export
            Administration Act of 1979 (50 U.S.C. App. 2405(j)(1))
            or section 620A(a) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2371(a));
              (3) is failing to cooperate on international
            narcotics control matters; or
              (4) engages in a consistent pattern of gross
            violations of internationally recognized human rights
            (including its military or other security forces).
        (d) Programs To Combat HIV/AIDS and Poverty.--A country
    that is otherwise eligible to receive cancellation of debt
    under the modifications to the Enhanced HIPC Initiative
    described in subsection (a) may receive such cancellation only
    if the country has agreed--
              (1) to ensure that the financial benefits of debt
            cancellation are applied to programs to combat HIV/AIDS
            and poverty, in particular through concrete measures to
            improve basic services in health, education, nutrition,
            and other development priorities, and to redress
            environmental degradation;
              (2) to ensure that the financial benefits of debt
            cancellation are in addition to the government's total
            spending on poverty reduction for the previous year or
            the average total of such expenditures for the previous
            3 years, whichever is greater;
              (3) to implement transparent and participatory
            policy-making and budget procedures, good governance,
            and effective anticorruption measures; and
              (4) to broaden public participation and popular
            understanding of the principles and goals of poverty
            reduction.
        (e) Definitions.--In this section:
              (1) Country suffering a public health crisis.--The
            term ``country suffering a public health crisis'' means
            a country in which the HIV/AIDS infection rate, as
            reported in the most recent epidemiological data for
            that country compiled by the Joint United Nations
            Program on HIV/AIDS, is at least 5 percent among women
            attending prenatal clinics or more than 20 percent
            among individuals in groups with high-risk behavior.
              (2) Decision point.--The term ``Decision Point''
            means the date on which the executive boards of the
            International Bank for Reconstruction and Development
            and the International Monetary Fund review the debt
            sustainability analysis for a country and determine
            that the country is eligible for debt relief under the
            Enhanced HIPC Initiative.
              (3) Enhanced hipc initiative.--The term ``Enhanced
            HIPC Initiative'' means the multilateral debt
            initiative for heavily indebted poor countries
            presented in the Report of G-7 Finance Ministers on the
            Cologne Debt Initiative to the Cologne Economic Summit,
            Cologne, June 18-20, 1999.

              TITLE XVII--CONSOLIDATED REPORTING REQUIREMENTS \86\

    SEC. 1701.\87\ ANNUAL REPORT BY CHAIRMAN OF THE NATIONAL ADVISORY
                        COUNCIL ON INTERNATIONAL MONETARY AND FINANCIAL
                        POLICIES.

        (a) In General.--The Chairman shall report annually to the
    Speaker of the House of Representatives, the President of the
    Senate, and to the President of the United States on the
    participation of the United States in the international
    financial institutions. The Chairman shall present such report
    to the Speaker of the House of Representatives and the
    President of the Senate not later than April 1 of each year
    following the close of the fiscal year covered by such report,
    except that the report for fiscal year 1989 shall be submitted
    not later than June 1, 1990.
    ---------------------------------------------------------------------------
        \86\ Sec. 541(a) of the International Development and Finance Act
    of 1989 (Public Law 101-240; 103 Stat. 2514) added titles XVII, XVIII,
    and XIX.
        \87\ 22 U.S.C. 262r. Sec. 583 of the Foreign Operations, Export
    Financing, and Related Appropriations Act, 1999 (sec. 101(d) of
    division A of Public Law 105-277; 112 Stat. 2681-202), provided the
    following:
    ---------------------------------------------------------------------------

    ``national advisory council on international monetary policies
    ---------------------------------------------------------------------------

        ``Sec. 583. (a) Notwithstanding any other provision of law, each
    annual report required by subsection 1701 (a) of the International
    Financial Institutions Act, as amended (Public Law 95-118, U.S.C.
    262r), shall comprise--
    ---------------------------------------------------------------------------

      ``(1) an assessment of the effectiveness of the major policies and
    operations of the international financial institutions;

      ``(2) the major issues affecting United States participation;

      ``(3) the major developments in the past year;

      ``(4) the prospects for the coming year;

      ``(5) the progress made and steps taken to achieve United States policy
    goals (including major policy goals embodied in current law) with respect
    to the international financial institutions; and

      ``(6) such data and explanations concerning the effectiveness,
    operations, and policies of the international financial institutions, and
    other such data and material as the Chairman may deem appropriate.
    ---------------------------------------------------------------------------

        ``(b) The requirements of Sections 1602(e), 1603(c), 1604(c), and
    1701(b) of the International Financial Institutions Act, as amended
    (Public Law 95-118, 22 U.S.C. 262p-1, 262p-2, 262p-3 and 262(r)),
    Section 2018(c) of the International Narcotics Control Act of 1986, as
    amended (Public Law 99-570, 22 U.S.C. 2291 note), Section 407(c) of the
    Foreign Debt Reserving Act of 1989 (Public Law 101-240, 22 U.S.C. 2291
    note), Section 14(c) of the Inter-American Development Bank Act, as
    amended (Public Law 86-147, 22 U.S.C. 283j-1(c)), and Section 1102 of
    the Freedom for Russia and Emerging Eurasian Democracies and Open
    Markets Support Act of 1992 (Public Law 102-511)(22 U.S.C. 286ll(b))
    shall no longer apply to the contents of such annual reports.''.
        See also secs. 603, 606, and 607 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1999 (sec. 101(d)
    of division A of Public Law 105-277; 112 Stat. 2681-220), in Legislaton
    on Foreign Relations Through 2005, vol. I-A, beginning at page 1097.
    ---------------------------------------------------------------------------
        (b) \88\ Contents of Reports.--Each annual report required
    by subsection (a) shall contain--
    ---------------------------------------------------------------------------
        \88\ Sec. 583(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (sec. 101(d) of division I of
    Public Law 105-277; 112 Stat. 2681-202) states that the requirements of
    subsec. (b) shall no longer apply to the contents of the annual report
    of the National Advisory Council on International Monetary and
    Financial Policies, as required by sec. 1701 of the International
    Financial Institutions Act, as amended (Public Law 95-118; 22 U.S.C.
    262r).
    ---------------------------------------------------------------------------
              (1) such data and explanations concerning the
            effectiveness, operations, and policies of the
            international financial institutions, such
            recommendations concerning the international financial
            institutions, and such other data and material as the
            Chairman may deem appropriate;
              (2) the reports on each specific issue and topic
            which is required by any other provision of law to be
            included in the report of the National Advisory Council
            on International Monetary and Financial Policies
            required by section 4(b)(5) of the Bretton Woods
            Agreements Act, as in effect immediately before the
            date of the enactment of this section;
              (3) a description of each loan or other form of
            financial assistance approved by any international
            financial institution during the fiscal year covered by
            such report, and a discussion of how such loan or
            financial assistance will benefit the people,
            particularly the poor people, of the recipient country;
              (4) a review of the success achieved through the
            multilateral development banks in reducing or
            eliminating import restrictions and unfair export
            subsidies which--
                      (A) have been determined to be consistent
                    with international agreements; and
                      (B) have a serious adverse impact on the
                    United States;
              (5) a description of the actions taken and the
            progress made in carrying out subsections (a) and (b)
            of section 45 of the Bretton Woods Agreements Act;
              (6) the report required by section 2018(c) of the
            International Narcotics Act of 1986 (title II of Public
            Law 99-570), discussing the actions taken and progress
            made in encouraging the multilateral development banks
            to finance drug eradication and crop substitution
            programs;
              (7) a description of the progress made by the United
            States Executive Director of the International Monetary
            Fund with respect to the goals of section 55 of the
            Bretton Woods Agreements Act;
              (8) a description of the status of procedures in the
            multilateral development banks specifically designed to
            increase the productive role of the poor in the
            economies of the nations which are borrowers from such
            banks;
              (9) in consultation with the Secretary of State, a
            report on the progress toward achieving the goals of
            title VII (other than section 704), including the
            information required to be reported pursuant to section
            701(c), and, for the fiscal year 1990, the report
            described in section 1613;
              (10) in consultation with the Secretary of State and
            the Administrator of the Agency for International
            Development, an assessment of the progress being made
            to implement the objectives of title XIII; and
              (11) a report on--
                      (A) the progress made in transforming
                    government-owned enterprises into privately
                    owned enterprises as described in section
                    1612(b);
                      (B) the performance of the privately owned
                    enterprises resulting from such transformation;
                    and
                      (C) the contributions of development finance
                    companies toward strengthening the private
                    sector in member borrowing countries.
      (c) Definitions.--As used in this title, title XVIII, and
    title XIX:
              (1) Chairman.--The term ``Chairman'' means the
            Chairman of the National Advisory Council on
            International Monetary and Financial Policies.
              (2) International financial institutions.--The term
            ``international financial institutions'' means the
            International Monetary Fund, International Bank for
            Reconstruction and Development, European Bank for
            Reconstruction and Development,\89\ International
            Development Association, International Finance
            Corporation, Multilateral Investment Guarantee Agency,
            African Development Bank, African Development Fund,
            Asian Development Bank, Inter-American Development
            Bank, Bank for Economic Cooperation and Development in
            the Middle East and North Africa,\90\ and Inter-
            American Investment Corporation.
    ---------------------------------------------------------------------------
        \89\ Sec. 562(c)(10)(A) of Public Law 101-513 (104 Stat. 2036)
    inserted ``European Bank for Reconstruction and Development,''.
        \90\ Sec. 710(a) of sec. 101(c) of title I of Public Law 104-208
    (110 Stat. 3009) inserted ``Bank for Economic Cooperation and
    Development in the Middle East and North Africa,''.
    ---------------------------------------------------------------------------
              (3) Multilateral development institutions.--The term
            ``multilateral development institutions'' means the
            international financial institutions other than the
            International Monetary Fund.
              (4) Multilateral development banks.--The term
            ``multilateral development banks'' means the
            multilateral development institutions other than the
            Multilateral Investment Guarantee Agency.
      (d) Testimony Required.--Upon request of the Committee on
    Banking, Finance and Urban Affairs \12\ of the House of
    Representatives, the Chairman shall testify before the
    Committee to support and explain each annual report required by
    subsection (a). If the President has delegated to a person or
    persons other than the Chairman the authority to manage United
    States participation in the international financial
    institutions which was vested in the President by section 1(b)
    of the Reorganization Plan No. 4 of 1965, such person or
    persons shall, upon request of the Committee, accompany the
    Chairman and testify before the Committee with regard to such
    report. The Chairman and such other person or persons shall
    assess, in their testimony, the effectiveness of the
    international financial institutions, the major issues
    affecting United States participation, the major developments
    in the past year, the prospects for the coming year, United
    States policy goals with respect to the international financial
    institutions, and any specific issues addressed to them by any
    member of the Committee.
        (e) \91\ Advisory Committee on IMF Policy.--
    ---------------------------------------------------------------------------
        \91\ Added by sec. 610(b) of the Foreign Operations, Export
    Financing, and Related Appropriations Act, 1999 (sec. 101(d) of
    division A of Public Law 105-277; 112 Stat. 2681-228).
    ---------------------------------------------------------------------------
              (1) In General.--The Secretary of the Treasury should
            establish an International Monetary Fund Advisory
            Committee (in this subsection referred to as ``The
            Advisory Committee'').
              (2) Membership--The Advisory Committee should consist
            of members appointed by the Secretary of the Treasury,
            after appropriate consultations with the relevant
            organizations. Such members should include
            representatives from industry, representatives from
            agriculture, representatives from organized labor,
            representatives from banking and financial services,
            and representatives from nongovernmental environmental
            and human rights organizations.

    SEC. 1702.\92\ TRANSMISSION TO THE CONGRESS OF OPERATING SUMMARIES OF
                        THE MULTILATERAL DEVELOPMENT BANKS.

        The Secretary of the Treasury shall transmit to the
    Congress, on a monthly basis, current copies of the Monthly
    Operating Summary of the International Bank for Reconstruction
    and Development, showing the loan proposals or appraisal
    reports under consideration and the status of those loan
    proposals or appraisal reports within the Bank. The Secretary
    of the Treasury shall also transmit to the Congress, at such
    times as may be appropriate, comparable documents prepared by
    the other multilateral development banks which show the loans
    or credits under consideration in the other multilateral
    development banks.
    ---------------------------------------------------------------------------
        \92\ 22 U.S.C. 262r-1.
    ---------------------------------------------------------------------------

    SEC. 1703.\93\ COMBINED REPORT ON EFFECT OF PENDING MULTILATERAL
                        DEVELOPMENT BANK LOANS ON ENVIRONMENT, NATURAL
                        RESOURCES, PUBLIC HEALTH, AND INDIGENOUS PEOPLES.

        Not later than April 1 and October 1 of each year, the
    Administrator of the Agency for International Development, in
    consultation with the Secretary of the Treasury and the
    Secretary of State, shall submit to the Committee on
    Appropriations and the Committee on Banking, Finance and Urban
    Affairs \12\ of the House of Representatives, and the Committee
    on Appropriations and the Committee on Foreign Relations of the
    Senate, as a combined report, the reports required by section
    1303(c) of this Act and by section 537(h)(2) of the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (sec. 1(e) of Public Law 100-202).
    ---------------------------------------------------------------------------
        \93\ 22 U.S.C. 262r-2.
    ---------------------------------------------------------------------------

    SEC. 1704.\94\ REPORTS ON FINANCIAL STABILIZATION PROGRAMS LED BY THE
                        INTERNATIONAL MONETARY FUND IN CONJUNCTION WITH
                        FINANCING FROM THE EXCHANGE STABILIZATION FUND.
    ---------------------------------------------------------------------------

        \94\ 22 U.S.C. 262r-3. Added by sec. 612 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act (sec. 101(d)
    of division A of Public Law 105-277; 112 Stat. 2681-228).
    ---------------------------------------------------------------------------
        (a) In General.--The Secretary of the Treasury, in
    consultation with the Secretary of Commerce and other
    appropriate Federal agencies, shall prepare reports on the
    implementation of financial stabilization programs (and any
    material terms and conditions thereof) led by the International
    Monetary Fund in countries in connection with which the United
    States has made a commitment to provide, or has provided
    financing from the stabilization fund established under section
    5302 of title 31, United States Code. The reports should
    include the following:
              (1) A description of the condition of the economies
            of countries requiring the financial stabilization
            programs, including the monetary, fiscal, and exchange
            rate policies of the countries.
              (2) A description of the degree to which the
            countries requiring the financial stabilization
            programs have fully implemented financial sector
            restructuring and reform measures required by the
            International Monetary Fund, including--
                      (A) ensuring full respect for the commercial
                    orientation of commercial bank lending;
                      (B) ensuring that governments will not
                    intervene in bank management and lending
                    decisions (except in regard to prudential
                    supervision);
                      (C) the enactment and implementation of
                    appropriate financial reform legislation;
                      (D) strengthening the domestic financial
                    system and improving transparency and
                    supervision; and
                      (E) the opening of domestic capital markets.
              (3) A description of the degree to which the
            countries requiring the financial stabilization
            programs have fully implemented reforms required by the
            International Monetary Fund that are directed at
            corporate governance and corporate structure,
            including--
                      (A) making nontransparent conglomerate
                    practices more transparent through the
                    application of internationally accepted
                    accounting practices, independent external
                    audits, full disclosure, and provision of
                    consolidated statements; and
                      (B) ensuring that no government subsidized
                    support or tax privileges will be provided to
                    bail out individual corporations, particularly
                    in the semiconductor, steel, and paper
                    industries.
              (4) A description of the implementation of reform
            measures required by the International Monetary Fund to
            deregulate and privatize economic activity by ending
            domestic monopolies, undertaking trade liberalization,
            and opening up restricted areas of the economy to
            foreign investment and competition.
              (5) A detailed description of the trade policies of
            the countries, including any unfair trade practices or
            adverse effects of the trade policies on the United
            States.
              (6) A description of the extent to which the
            financial stabilization programs have resulted in
            appropriate burden-sharing among private sector
            creditors, including rescheduling of outstanding loans
            by lengthening maturities, agreements of debt
            reduction, and the extension of new credit.
              (7) A description of the extent to which the economic
            adjustment policies of the International Monetary Fund
            and the policies of the government of the country
            adequately balance the need for financial
            stabilization, economic growth, environmental
            protection, social stability, and equity for all
            elements of the society.
              (8) Whether International Monetary Fund involvement
            in labor market flexibility measures has had a negative
            effect on core worker rights, particularly the rights
            of free association and collective bargaining.
              (9) A description of any pattern of abuses of core
            worker rights in recipient countries.
              (10) The amount, rate of interest, and disbursement
            and repayment schedules of any funds disbursed from the
            stabilization fund established under section 5302 of
            title 31, United States Code, in the form of loans,
            guarantees, or swaps, in support of the financial
            stabilization programs.
              (11) The amount, rate of interest, and disbursement
            and repayment schedules of any funds disbursed by the
            International Monetary Fund to the countries in support
            of the financial stabilization programs.
        (b) \95\ Timing.--Not later than March 15, 1999, and
    semiannually thereafter, the Secretary of the Treasury shall
    submit to the Committees on Banking and Financial Services and
    International Relations of the House of Representatives and the
    Committees on Foreign Relations, and Banking, Housing, and
    Urban Affairs of the Senate, a report on the matters described
    in subsection (a).
    ---------------------------------------------------------------------------
        \95\ Added by sec. 404(b) of the Trade and Development Act of 2000
    (Public Law 106-200; 114 Stat. 292).
    ---------------------------------------------------------------------------

    SEC. 1705.\96\ ANNUAL REPORT AND TESTIMONY ON THE STATE OF THE
                        INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND
                        COMPLIANCE WITH IMF AGREEMENTS
    ---------------------------------------------------------------------------

        \96\ 22 U.S.C. 262r-4. Added by sec. 613 of The Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1999 (sec.
    101(d) of division A of Public Law 105-277; 112 Stat. 2681-230).
    ---------------------------------------------------------------------------
        (a) Access to Materials.--Not later than October 1 of each
    year, the Secretary of the Treasury shall submit to the
    Committees on Banking and Financial Services \12\ and on Ways
    and Means of the House of Representatives and the Committees on
    Finance and on Foreign Relations of the Senate \97\ a written
    report on (1) \98\ the progress (if any) made by the United
    States Executive Director at the International Monetary Fund to
    adopt the policies and reform its internal procedures in the
    manner described in section 1503, and (2) the progress made by
    the International Monetary Fund in adopting and implementing
    the policies described in section 801(c)(1)(B) of the Foreign
    Operations, Export Financing, and Related Appropriations Act,
    2001.
    ---------------------------------------------------------------------------
        \97\ Sec. 404(c) of the Trade and Development Act of 2000 (Public
    Law 106-200; 114 Stat. 292) struck out ``Committee on Banking and
    Financial Services of the House of Representatives and the Committee on
    Foreign Relations'' and inserted in lieu thereof ``Committees on
    Banking and Financial Services and on Ways and Means of the House of
    Representatives and the Committees on Finance and on Foreign Relations
    of the Senate.''
        \98\ Sec. 803(c)(1) and (2) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations, 2001 (Public Law 106-
    429; 114 Stat. 1900A-67) inserted ``(1)'' before ``the progress'' and
    added clause (2).
    ---------------------------------------------------------------------------
        (b) Testimony.--After submitting the report required by
    subsection (a) but not later than March 1 of each year, the
    Secretary of the Treasury shall appear before the Committee on
    Banking and Financial Services of the House of Representatives
    and the Committee on Foreign Relations of the Senate and
    present testimony on--
              (1) any progress made in reforming the International
            Monetary Fund;
              (2) the status of efforts to reform the international
            financial system;
              (3) the compliance of countries which have received
            assistance from the International Monetary Fund with
            agreements made as a condition of receiving the
            assistance; and
              (4) \99\ the status of implementation of
            international anti-money laundering and
            counterterrorist financing standards by the
            International Monetary Fund, the multilateral
            development banks, and other multilateral financial
            policymaking bodies.
    ---------------------------------------------------------------------------
        \99\ Sec. 7703(b) of the Implementation of the 9/11 Commission
    Implementation Act of 2004 (title VII of Public Law 108-458; 118 Stat.
    3860) added para. (4).
    ---------------------------------------------------------------------------

    SEC. 1706.\100\ * * * [REPEALED--2000]

    ---------------------------------------------------------------------------
        \100\ 22 U.S.C. 262r-5. This section, added by sec. 614 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1999 (sec. 101(d) of division A of Public Law 105-
    277; 112 Stat. 2681-230), was subsequently repealed by sec. 592 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 (Public Law 106-429; 114 Stat. 1900A-59). The
    section, as amended, had read as follows:
    ---------------------------------------------------------------------------

    ``sec. 1706. audits of the international monetary fund
    ---------------------------------------------------------------------------

        ``(a) Access to Materials.--Not later than 30 days after the date
    of the enactment of this section, the Secretary of the Treasury shall
    certify to the Committees on Banking and Financial Services and Ways
    and Means of the House of Representatives and the Committees on Finance
    and on Foreign Relations of the Senate that the Secretary has
    instructed the United States Executive Director at the International
    Monetary Fund to facilitate timely access by the General Accounting
    Office to information and documents of the International Monetary Fund
    needed by the Office to perform financial reviews of the International
    Monetary Fund that will facilitate the conduct of United States Policy
    with respect to the Fund.
        ``(b) Reports.--Not later than September 30, 1999, and annually
    thereafter, the Comptroller General of the United States shall prepare
    and submit to the committees specified in subsection (a), the Committee
    on Appropriations of the House of Representatives, and the Committee on
    Appropriations of the Senate a report on the financial operations of
    the Fund during the preceding year, which shall include--
    ---------------------------------------------------------------------------

      ``(1) the current financial condition of the International Monetary Fund;

      ``(2) the amount, rate of interest, disbursement schedule, and repayment
    schedule for any loans that were initiated or outstanding during the
    preceding calendar year, and with respect to disbursement schedules, the
    report shall identify and discuss in detail any conditions required to be
    fulfilled by a borrower country before a disbursement is made;

      ``(3) a detailed description of whether the trade policies of borrower
    countries permit free and open trade by the United States and other foreign
    countries in the borrower countries;

      ``(4) a detailed description of the export policies of borrower countries
    and whether the policies may result in increased export of their products,
    goods, or services to the United States which may have significant adverse
    effects on, or result in unfair trade practices against or affecting United
    States companies, farmers, or communities;

      ``(5) a detailed description of any conditions of International Monetary
    Fund loans which have not been met by borrower countries, including a
    discussion of the reasons why such conditions were not met, and the actions
    taken by the International Monetary Fund due to the borrower country's
    noncompliance;

      ``(6) an identification of any borrower country and loan on which any
    loan terms or conditions were renegotiated in the preceding calendar year,
    including a discussion of the reasons for the renegotiation and any new
    loan terms and conditions; and

      ``(7) a specification of the total number of loans made by the
    International Monetary Fund from its inception through the end of the
    period covered by the report, the number and percentage (by number) of such
    loans that are in default or arrears, and the identity of the countries in
    default or arrears, and the number of such loans that are outstanding as of
    the end of period covered by the report and the aggregate amount of the
    outstanding loans and the average yield (weighted by loan principal) of the
    historical and outstanding loan portfolios of the International Monetary
    Fund.''.

                      TITLE XVIII--EXPORT ENHANCEMENT \86\

    SEC. 1801.\101\ MULTILATERAL DEVELOPMENT BANK PROCUREMENT.

        (a) Executive Directors.--The Secretary of the Treasury
    shall instruct the United States Executive Director of each
    multilateral development bank to attach a high priority to
    promoting opportunities for exports for goods and services from
    the United States and, in carrying out this function, to
    investigate thoroughly any complaints from United States
    bidders about the awarding of procurement contracts by the
    multilateral development banks to ensure that all contract
    procedures and rules of the banks are observed and that United
    States firms are treated fairly.
    ---------------------------------------------------------------------------
        \101\ 22 U.S.C. 262s. Originally enacted as sec. 3202 of the
    Omnibus Trade and Competitiveness Act of 1988 (Public Law 100-418; 102
    Stat. 1107), sec. 541(b)(1) of the International Development and
    Finance Act of 1989 (Public Law 101-240; 103 Stat. 2517) transferred
    text to this Act and redesignated such as sec. 1801.
    ---------------------------------------------------------------------------
      (b) Officer of Procurement.--
              (1) Establishment.--The Secretary of the Treasury
            shall designate, within the Office of International
            Affairs in the Department of the Treasury, an officer
            of multilateral development bank procurement.
              (2) Function.--The officer shall act as the liaison
            between the Department of the Treasury, the Department
            of Commerce, and the United States Executive Directors'
            offices in the multilateral development banks, in
            carrying out this section. The officer shall cooperate
            with the Department of Commerce in efforts to improve
            opportunities for multilateral development bank
            procurement by United States companies.
      (b) \102\ Multilateral Development Bank Defined.--As used in
    this section, the term ``multilateral development bank''
    includes the International Bank for Reconstruction and
    Development, the International Development Association, the
    International Finance Corporation, the Inter-American
    Development Bank, the Inter-American Investment Corporation,
    the Asian Development Bank, the African Development Bank, and
    the African Development Fund.
    ---------------------------------------------------------------------------
        \102\ As enrolled; should read ``(c)''.
    ---------------------------------------------------------------------------

    SEC. 1802.\103\ PROCUREMENT OPPORTUNITIES FOR UNITED STATES FIRMS.

        The Secretary of the Treasury shall instruct the United
    States Executive Directors of the multilateral development
    institutions to take all possible steps to ensure that
    information relating to potential procurement opportunities for
    United States firms is expeditiously communicated to the
    Secretary of the Treasury, the Secretary of State, and the
    Secretary of Commerce, and is disseminated as widely as
    possible to large and small businesses.
    ---------------------------------------------------------------------------
        \103\ 22 U.S.C. 262s-1.
    ---------------------------------------------------------------------------

    SEC. 1803.\104\ COMMERCIAL SERVICE OFFICERS AND MULTILATERAL
                        DEVELOPMENT BANK PROCUREMENT.

        (a) Appointment of Commercial Service Officers To Serve
    with Executive Directors.--The Secretary of Commerce, in
    consultation with the Secretary of the Treasury, shall appoint
    a procurement officer, who is a representative of the
    International Trade Administration or a Commercial Service
    Officer of the United States and Foreign Commercial Service, to
    serve, on a full-time or part-time basis, with each of the
    Executive Directors of the multilateral development banks in
    which the United States participates.
    ---------------------------------------------------------------------------
        \104\ 22 U.S.C. 262s-2. Originally enacted as sec. 2302 of the
    Omnibus Trade and Competitiveness Act of 1988 and codified at 15 U.S.C.
    4722. Sec. 541(b)(2) of the International Development and Finance Act
    of 1989 (Public Law 101-240; 103 Stat. 2517) transferred sec. 2302 to
    this Act and redesignated it as sec. 1803. Sec. 541(b)(2) also struck
    out subsec. (c), which provided definitions for ``multilateral
    development bank''; see sec. 1701(c) of this Act.
        Sec. 501 of the Jobs Through Exports Act of 1992 (Public Law 102-
    549; 106 Stat. 3663; 22 U.S.C. 262s-2 note) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 501. additional procurement offers.
    ---------------------------------------------------------------------------

        ``(a) Appointment.--The Secretary of Commerce, in consultation with
    the Secretary of the Treasury, shall appoint one or more full-time
    additional procurement officers, for each multilateral development
    bank, to promote exports of goods and services from the United States
    by doing the following:
    ---------------------------------------------------------------------------

      ``(1) Acting as the liaison between the business community and one or
    more multilateral development banks, whether or not the banks have offices
    in the United States. The Secretary of Commerce shall ensure that the
    procurement officer has access to, and disseminates to United States
    businesses, information relating to projects which are being proposed by
    the multilateral development bank involved, and bid specifications and
    deadlines for projects about to be developed by the bank. The procurement
    officer shall make special efforts to disseminate such information to
    small- and medium-sized businesses interested in participating in such
    projects. The procurement officer shall explore opportunities for
    disseminating such information through private sector, nonprofit
    organizations.

      ``(2) Taking actions to assure that United States businesses are fully
    informed of bidding opportunities for projects for which loans have been
    made by the multilateral development bank involved.

      ``(3) Taking actions to assure that United States businesses can focus on
    projects in which they have a particular interest or competitive advantage,
    and to permit them to compete and have an equal opportunity in submitting
    timely and conforming bidding documents.
    ---------------------------------------------------------------------------

        ``(b) Definition.--As used in this section, the term `multilateral
    development bank' has the meaning given that term in section 1701(c) of
    the International Financial Institutions Act (22 U.S.C. 262r(c)).
        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary of Commerce $1,000,000 for each of the
    fiscal years 1993 and 1994 to carry out this section. Amounts
    appropriated pursuant to this subsection shall be available only for
    the purpose of making the appointment of additional procurement
    officers required by subsection (a).''.
    ---------------------------------------------------------------------------
      (b) Functions of Officers.--Each procurement officer
    appointed under subsection (a) shall assist the United States
    Executive Director with respect to whom such officer is
    appointed in promoting opportunities for exports of goods and
    services from the United States by doing the following:
              (1) Acting as the liaison between the business
            community and the multilateral development bank
            involved, whether or not the bank has offices in the
            United States. The Secretary of Commerce shall ensure
            that the procurement officer has access to, and
            disseminates to United States businesses, information
            relating to projects which are being proposed by the
            multilateral development bank, and bid specifications
            and deadlines for projects about to be developed by the
            bank. The procurement officer shall make special
            efforts to disseminate such information to small and
            medium-sized businesses interested in participating in
            such projects. The procurement officer shall explore
            opportunities for disseminating such information
            through private sector, nonprofit organizations.
              (2) Taking actions to assure that United States
            businesses are fully informed of bidding opportunities
            for projects for which loans have been made by the
            multilateral development bank involved.
              (3) Taking actions to assure that United States
            businesses can focus on projects in which they have a
            particular interest or competitive advantage, and to
            permit them to compete and have an equal opportunity in
            submitting timely and conforming bidding documents.

                      TITLE XIX--PERSONNEL PRACTICES \86\

    SEC. 1901.\105\ PERSONNEL PRACTICES.

        (a) Statement of Policy.--It shall be the policy of the
    United States that no initiatives, discussions, or
    recommendations concerning the placement or removal of any
    personnel employed by the international financial institutions
    shall be based on the political philosophy or activity of the
    individual under consideration.
    ---------------------------------------------------------------------------
        \105\ 22 U.S.C. 262t.
    ---------------------------------------------------------------------------
      (b) Consultation.--The Secretary of the Treasury shall
    consult with the Chairman and the ranking minority member of
    the Committee on Banking, Finance and Urban Affairs \12\ of the
    House of Representatives and the Committee on Foreign Relations
    of the Senate before any discussion or recommendations by any
    official of the United States Government concerning the
    placement or removal of any principal officer of any
    international financial institutions.
                     b. Mexican Debt Disclosure Act of 1995

    Title IV of Public Law 104-6 [Emergency Supplemental Appropriations and
       Rescissions for the Department of Defense to Preserve and Enhance
    Military Readiness Act of 1995; H.R. 889], 109 Stat. 73, approved April
                                    10, 1995

    AN ACT Making emergency supplemental appropriations and rescissions to
       preserve and enhance the military readiness of the Department of
     Defense for the fiscal year ending September 30, 1995, and for other
                                   purposes.

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

                 TITLE IV--MEXICAN DEBT DISCLOSURE ACT OF 1995

    SEC. 401.\1\ SHORT TITLE.

        This title may be cited as the ``Mexican Debt Disclosure
    Act of 1995''.
    ---------------------------------------------------------------------------
        \1\ 31 U.S.C. 5302 note.
    ---------------------------------------------------------------------------

    SEC. 402. FINDINGS.

        The Congress finds that--
              (1) Mexico is an important neighbor and trading
            partner of the United States;
              (2) on January 31, 1995, the President approved a
            program of assistance to Mexico, in the form of swap
            facilities and securities guarantees in the amount of
            $20,000,000,000, using the exchange stabilization fund;
              (3) the program of assistance involves the
            participation of the Board of Governors of the Federal
            Reserve System, the International Monetary Fund, the
            Bank for International Settlements, the International
            Bank for Reconstruction and Development, the Inter-
            American Development Bank, the Bank of Canada, and
            several Latin American countries;
              (4) the involvement of the exchange stabilization
            fund and the Board of Governors of the Federal Reserve
            System means that United States taxpayer funds will be
            used in the assistance effort to Mexico;
              (5) assistance provided by the International Monetary
            Fund, the International Bank for Reconstruction and
            Development, and the Inter-American Development Bank
            may require additional United States contributions of
            taxpayer funds to those entities;
              (6) the immediate use of taxpayer funds and the
            potential requirement for additional future United
            States contributions of taxpayer funds necessitates
            congressional oversight of the disbursement of funds;
            and
              (7) the efficacy of the assistance to Mexico is
            contingent on the pursuit of sound economic policy by
            the Government of Mexico.

    SEC. 403.\2\ PRESIDENTIAL REPORTS.

        (a) Reporting Requirement.--Not later than June 30, 1995,
    and every 6 months thereafter, the President shall transmit to
    the appropriate congressional committees a report concerning
    all guarantees issued to, and short-term and long-term currency
    swaps with, the Government of Mexico by the United States
    Government, including the Board of Governors of the Federal
    Reserve System.
    ---------------------------------------------------------------------------
        \2\ In memoranda of April 14, 1995 (60 F.R. 19485), May 17, 1995
    (60 F.R. 27395), and June 29, 1995 (60 F.R. 35113), the President
    delegated to the Secretary of the Treasury reporting requirements in
    secs. 403 and 406 of this Act.
    ---------------------------------------------------------------------------
         (b) Contents of Reports.--Each report described in
    subsection (a) shall contain a description of the following
    actions taken, or economic situations existing, during the
    preceding 6-month period or, in the case of the initial report,
    during the period beginning on the date of enactment of this
    Act:
              (1) Changes in wage, price, and credit controls in
            the Mexican economy.
              (2) Changes in taxation policy of the Government of
            Mexico.
              (3) Specific actions taken by the Government of
            Mexico to further privatize the economy of Mexico.
              (4) Actions taken by the Government of Mexico in the
            development of regulatory policy that significantly
            affected the performance of the Mexican economy.
              (5) Consultations concerning the program approved by
            the President, including advice on economic, monetary,
            and fiscal policy, held between the Government of
            Mexico and the Secretary of the Treasury (including any
            designee of the Secretary) and the conclusions
            resulting from any periodic reviews undertaken by the
            International Monetary Fund pursuant to the Fund's loan
            agreements with Mexico.
              (6) All outstanding loans, credits, and guarantees
            provided to the Government of Mexico, by the United
            States Government, including the Board of Governors of
            the Federal Reserve System, set forth by category of
            financing.
              (7) The progress the Government of Mexico has made in
            stabilizing the peso and establishing an independent
            central bank or currency board.
        (c) Summary of Treasury Department Reports.--In addition to
    the information required to be included under subsection (b),
    each report required under this section shall contain a summary
    of the information contained in all reports submitted under
    section 404 during the period covered by the report required
    under this section.

    SEC. 404. REPORTS BY THE SECRETARY OF THE TREASURY.

        (a) Reporting Requirement.--Beginning on the last day of
    the first month which begins after the date of enactment of
    this Act, and on the last day of every month thereafter, the
    Secretary of the Treasury shall submit to the appropriate
    congressional committees a report concerning all guarantees
    issued to, and short-term and long-term currency swaps with,
    the Government of Mexico by the United States Government,
    including the Board of Governors of the Federal Reserve System.
        (b) Contents of Reports.--Each report described in
    subsection (a) shall include a description of the following
    actions taken, or economic situations existing, during the
    month in which the report is required to be submitted:
              (1) The current condition of the Mexican economy.
              (2) The reserve positions of the central bank of
            Mexico and data relating to the functioning of Mexican
            monetary policy.
              (3) The amount of any funds disbursed from the
            exchange stabilization fund pursuant to the program of
            assistance to the Government of Mexico approved by the
            President on January 31, 1995.
              (4) The amount of any funds disbursed by the Board of
            Governors of the Federal Reserve System pursuant to the
            program of assistance referred to in paragraph (3).
              (5) Financial transactions, both inside and outside
            of Mexico, made during the reporting period involving
            funds disbursed to Mexico from the exchange
            stabilization fund or proceeds of Mexican Government
            securities guaranteed by the exchange stabilization
            fund.
              (6) All outstanding guarantees issued to, and short-
            term and medium-term currency swaps with, the
            Government of Mexico by the Secretary of the Treasury,
            set forth by category of financing.
              (7) All outstanding currency swaps with the central
            bank of Mexico by the Board of Governors of the Federal
            Reserve System and the rationale for, and any expected
            costs of, such transactions.
              (8) The amount of payments made by customers of
            Mexican petroleum companies that have been deposited in
            the account at the Federal Reserve Bank of New York
            established to ensure repayment of any payment by the
            United States Government, including the Board of
            Governors of the Federal Reserve System, in connection
            with any guarantee issued to, or any swap with, the
            Government of Mexico.
              (9) Any setoff by the Federal Reserve Bank of New
            York against funds in the account described in
            paragraph (8).
              (10) To the extent such information is available,
            once there has been a setoff by the Federal Reserve
            Bank of New York, any interruption in deliveries of
            petroleum products to existing customers whose payments
            were setoff.
              (11) The interest rates and fees charged to
            compensate the Secretary of the Treasury for the risk
            of providing financing.

    SEC. 405. TERMINATION OF REPORTING REQUIREMENTS.

        The requirements of sections 403 and 404 shall terminate on
    the date that the Government of Mexico has paid all obligations
    with respect to swap facilities and guarantees of securities
    made available under the program approved by the President on
    January 31, 1995.

    SEC. 406.\3\ PRESIDENTIAL CERTIFICATION REGARDING SWAP OF CURRENCIES TO
                        MEXICO THROUGH EXCHANGE STABILIZATION FUND OR
                        FEDERAL RESERVE.

        (a) In General.--Notwithstanding any other provision of
    law, no loan, credit, guarantee, or arrangement for a swap of
    currencies to Mexico through the exchange stabilization fund or
    by the Board of Governors of the Federal Reserve System may be
    extended or (if already extended) further utilized, unless and
    until the President submits to the appropriate congressional
    committees a certification that--
    ---------------------------------------------------------------------------
        \3\ The President issued certifications as required by subsec. (a)
    in memoranda for the Secretary of the Treasury on April 14, 1995 (60
    F.R. 19485), May 17, 1995 (60 F.R. 27395), and June 29, 1995 (60 F.R.
    35113). The memoranda, furthermore, delegated to the Secretary of the
    Treasury, reporting requirements in secs. 403 and 406 of this Act.
    ---------------------------------------------------------------------------
              (1) there is no projected cost (as defined in the
            Credit Reform Act of 1990) to the United States from
            the proposed loan, credit, guarantee, or currency swap;
              (2) all loans, credits, guarantees, and currency
            swaps are adequately backed to ensure that all United
            States funds are repaid;
              (3) the Government of Mexico is making progress in
            ensuring an independent central bank or an independent
            currency control mechanism;
              (4) Mexico has in effect a significant economic
            reform effort; and
              (5) the President has provided the documents
            described in paragraphs (1) through (28) of House
            Resolution 80, adopted March 1, 1995.\4\
    ---------------------------------------------------------------------------
        \4\ For text of H. Res. 80 as adopted by the House on March 1,
    1995, see Congressional Record, pages H2444 through H2445.
    ---------------------------------------------------------------------------
        (b) Treatment of Classified or Privileged Material.--For
    purposes of the certification required by subsection (a)(5),
    the President shall specify, in the case of any document that
    is classified or subject to applicable privileges, that, while
    such document may not have been produced to the House of
    Representatives, in lieu thereof it has been produced to
    specified Members of Congress or their designees by mutual
    agreement among the President, the Speaker of the House, and
    the chairmen and ranking members of the Committee on Banking
    and Financial Services, the Committee on International
    Relations, and the Permanent Select Committee on Intelligence
    of the House.

    SEC. 407. DEFINITIONS.

        For purposes of this title, the following definitions shall
    apply:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committees on International Relations and Banking and
            Financial Services of the House of Representatives, the
            Committees on Foreign Relations and Banking, Housing,
            and Urban Affairs of the Senate, and the Committees on
            Appropriations of the House of Representatives and the
            Senate.
              (2) Exchange stabilization fund.--The term ``exchange
            stabilization fund'' means the stabilization fund
            referred to in section 5302(a)(1) of title 31, United
            States Code.
                         c. FREEDOM Support Act of 1992

    Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved
                                October 24, 1992

    AN ACT To support freedom and open markets in the independent states of
                the former Soviet Union, 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 TITLES.

        This Act may be cited as the ``Freedom for Russia and
    Emerging Eurasian Democracies and Open Markets Support Act of
    1992'' or the ``FREEDOM Support Act''.
              * * * * * * *

                 TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS

              Note.--Title X amendments to the Bretton Woods
            Agreements Act, International Finance Corporation Act,
            and the International Financial Institutions Act have
            been incorporated into those Acts at the appropriate
            places.

              * * * * * * *

    SEC. 1004.\1\ SUPPORT FOR MACROECONOMIC STABILIZATION IN THE
                        INDEPENDENT STATES OF THE FORMER SOVIET UNION.

        (a) In General.--In order to promote macroeconomic
    stabilization and the integration of the independent states of
    the former Soviet Union into the international financial
    system, enhance the opportunities for trade, improve the
    climate for foreign investment, and strengthen the process of
    transformation of the former socialist economies into free
    enterprise systems and thereby progressively enhance the well-
    being of the citizens of these states, the United States should
    in appropriate circumstances take a leading role in organizing
    and supporting multilateral efforts at macroeconomic
    stabilization and debt rescheduling, conditioned on the
    appropriate development and implementation of comprehensive
    economic reform programs.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5812 note.
    ---------------------------------------------------------------------------
        (b) Currency Stabilization.--In furtherance of the purposes
    and consistent with the conditions described in subsection (a),
    the Congress expresses its support for United States
    participation, in sums of up to $3,000,000,000, in a currency
    stabilization fund or funds for the independent states of the
    former Soviet Union.
        (c) Study of the Need for and Feasibility of a Currency
    Stabilization Fund for Ukraine.--The Secretary of the Treasury
    shall instruct the United States Executive Director of the
    International Monetary Fund to use the voice and vote of the
    United States to urge the Fund to conduct a study of the need
    for and feasibility of a currency stabilization fund for
    Ukraine, and, if it is found that such a fund is needed and is
    feasible, which considers and makes recommendations with
    respect to the economic and policy conditions required for the
    success of such a fund.
              * * * * * * *

    SEC. 1007.\1\ REPORT ON DEBT OF THE FORMER SOVIET UNION HELD BY
                        COMMERCIAL FINANCIAL INSTITUTIONS.

        The Secretary of the Treasury, using information available
    from the International Monetary Fund, the International Bank
    for Reconstruction and Development, and other appropriate
    international financial institutions, shall report to the
    Congress, not later than one year after the date of enactment
    of this Act, on the debt incurred by the former Soviet Union
    that is held by commercial financial institutions outside the
    independent states of the former Soviet Union that are
    obligated on such debt.
              * * * * * * *

    SEC. 1009. MULTILATERAL INVESTMENT GUARANTEES FOR THE INDEPENDENT
                        STATES OF THE FORMER SOVIET UNION.

        Not later than 60 days after the date of enactment of this
    Act, the United States Director of the Multilateral Investment
    Guarantee Agency shall transmit to the Congress a report
    analyzing--
              (1) the investments in the independent states of the
            former Soviet Union which have been guaranteed by the
            Agency; and
              (2) the demand for investment guarantees of the type
            provided by the Agency for investments in the
            independent states.
                            d. IFI Funding for Mines

      Partial text of Public Law 99-88 [Supplemental Appropriations Act,
    1985; H.R. 2577], 99 Stat. 293, approved August 15, 1985; as amended by
    Public Law 102-285 [National Geologic Mapping Act of 1992, H.R. 2763],
                      106 Stat. 166, approved May 18, 1992

     AN ACT Making supplemental appropriations for the fiscal year ending
                  September 30, 1985, and for other purposes.

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

                                    TITLE I

              * * * * * * *

                                   CHAPTER V

              * * * * * * *

                              DEPARTMENT OF STATE

              * * * * * * *

                               General Provisions

        Sec. 501.\1\ The Secretary of the Treasury shall instruct
    the United States Executive Directors of the International Bank
    for Reconstruction and Development, the International
    Development Association, the International Finance Corporation,
    the Inter-American Development Bank, the International Monetary
    Fund, the Asian Development Bank, the Inter-American Investment
    Corporation, the African Development Bank, and the African
    Development Fund to use the voice and vote of the United States
    to oppose any assistance by these institutions, using funds
    appropriated or made available pursuant to this Act or any
    other Act, for the production of any copper commodity for
    export or for the financing of the expansion, improvement, or
    modernization of copper mining, smelting, and refining
    capacity.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 262k note.
    ---------------------------------------------------------------------------
        Sec. 502.\2\ (a) United States active participation in
    international financial institution activity is based on our
    national objective of furthering the economic and social
    development of the nations of the world, in particular the
    developing nations. The attainment of this national objective
    is most effectively realized through a world economic and
    financial system which is both free and stable. Therefore, it
    is the intent of the United States Congress that United States
    financial assistance to the international financial
    institutions should be primarily directed to those projects
    that would not generate excess commodity supplies in world
    markets, displace private investment initiatives or foster
    departures from a market-oriented economy.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 262k.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall instruct the
    representatives of the United States to the international
    financial institutions described in subsection (d) to take into
    account in their review of loans, credits, or other utilization
    of the resources of their respective institutions, the effect
    that country adjustment programs would have upon individual
    industry sectors and international commodity markets in order
    to--
              (1) minimize any projected adverse impacts on such
            sector or markets of making such loans, credits, or
            utilization of resources; and
              (2) avoid whenever possible government subsidization
            of production and exports of international commodities
            without regard to economic conditions in the markets
            for such commodities.
        (c) More specifically, the following criteria should be
    considered as a basis for a vote by the respective United
    States Executive Director to each of the international
    financial institutions described in subsection (d) against a
    project proposal involving the creation of new capacity or the
    expansion, improvement, or modification of mining, smelting,
    refining, and fabricating of minerals and metal products:
              (1) analysis shows that the risks, returns, and
            incentives of a project are such that it could be
            financed at reasonable terms by commercial lending
            services.
              (2) Analysis by the United States Bureau of Mines \3\
            indicates that surplus capacity in the industry for the
            primary product of the defined project would exist over
            half the period of the economic life of the project
            because of projected world demand and capacity
            conditions.
    ---------------------------------------------------------------------------
        \3\ Sec. 10(b) of Public Law 102-285 (106 Stat. 172) changed the
    name of the Bureau of Mines to the United States Bureau of Mines,
    effective May 18, 1992.
    ---------------------------------------------------------------------------
              (3) United States imports of the commodity constitute
            less than 50 percent of the domestic production of the
            primary product in those cases where the United States
            is the substantial producer of such commodities.
        (d) The international financial institutions referred to in
    subsections (a) and (b) are the International Monetary Fund,
    the International Bank for Reconstruction and Development, the
    International Development Association, the Inter-American
    Development Bank, the Asian Development Bank, and the African
    Development Bank.
              * * * * * * *
         e. International Debt Forgiveness and International Financial
                              Institutions Reform

        Partial text of Public Law 106-429 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 2001; H.R. 5526,
     enacted by reference in sec. 101(a) of Public Law 106-429], 114 Stat.
                        1900, approved November 6, 2000

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 2001, and
                              for other purposes.

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

    TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND INTERNATIONAL FINANCIAL
                              INSTITUTIONS REFORM

    SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
                        INITIATIVE

        (a) Repeal of Limitation on Availability of Earnings on
    Profits of Nonpublic Gold Sales.--* * *
        (b) Contributions to HIPC Trust Fund.--
              (1) Authorization of appropriations for
            contributions.--There is authorized to be appropriated
            for the period beginning October 1, 2000, and ending
            September 30, 2003, $435,000,000 for purposes of United
            States contributions to the Heavily Indebted Poor
            Countries (HIPC) Trust Fund administered by the Bank.
              (2) Availability of amounts.--Amounts appropriated
            pursuant to the authorization of appropriations in
            paragraph (1) shall remain available until expended.
        (c) Certification Required.--
              (1) In general.--Except as provided in paragraph (2),
            not later than 30 days after the date of enactment of
            this Act, the Secretary shall certify to the
            appropriate congressional committees that the following
            requirements are satisfied:
                      (A) Implementation by the bank of certain
                    policies.--The Bank is implementing--
                              (i) policies providing for the
                            suspension of a loan if funds are being
                            diverted for purposes other than the
                            purpose for which the loan was
                            intended;
                              (ii) policies seeking to prevent
                            loans from displacing private sector
                            financing;
                              (iii) policies requiring that loans
                            other than project loans must be
                            disbursed
                                      (I) on the basis of specific
                                    prior reforms; or
                                      (II) incrementally upon
                                    implementation of specific
                                    reforms after initial
                                    disbursement;
                              (iv) policies seeking to minimize the
                            number of projects receiving financing
                            that would displace a population
                            involuntarily or be to the detriment of
                            the people or culture of the area into
                            which the displaced population is to be
                            moved;
                              (v) policies vigorously promoting
                            open markets and liberalization of
                            trade in goods and services;
                              (vi) policies providing that
                            financing by the Bank concentrates
                            chiefly on projects and programs that
                            promote economic and social progress
                            rather than short-term liquidity
                            financing; and
                              (vii) policies providing for the
                            establishment of appropriate
                            qualitative and quantitative indicators
                            to measure progress toward graduation
                            from receiving financing on
                            concessionary terms, including an
                            estimated timetable by which countries
                            may graduate over the next 15 years.
                      (B) Implementation by the fund of certain
                    policies.--The Fund is implementing--
                              (i) policies providing for the
                            suspension of a financing if funds are
                            being diverted for purposes other than
                            the purpose for which the financing was
                            intended;
                              (ii) policies seeking to ensure that
                            financing by the Fund normally serves
                            as a catalyst for private sector
                            financing and does not displace such
                            financing;
                              (iii) policies requiring that
                            financing must be disbursed--
                                      (I) on the basis of specific
                                    prior reforms; or
                                      (II) incrementally upon
                                    implementation of specific
                                    reforms after initial
                                    disbursement;
                              (iv) policies vigorously promoting
                            open markets and liberalization of
                            trade in goods and services;
                              (v) policies providing that financing
                            by the Fund concentrates chiefly on
                            short-term balance of payments
                            financing; and
                              (vi) policies providing for the use,
                            in conjunction with the Bank, of
                            appropriate qualitative and
                            quantitative indicators to measure
                            progress toward graduation from
                            receiving financing on concessionary
                            terms, including an estimated timetable
                            by which countries may graduate over
                            the next 15 years.
              (2) Exception.--In the event that the Secretary
            cannot certify that a policy described in paragraph
            (1)(A) or (1)(B) is being implemented, the Secretary
            shall, not later than 30 days after the date of
            enactment of this Act, submit a report to the
            appropriate congressional committees on the progress,
            if any, made by the Bank or the Fund in adopting and
            implementing such policy, as the case may be.

    SEC. 802. STRENGTHENING PROCEDURES FOR MONITORING USE OF FUNDS BY
                        MULTILATERAL DEVELOPMENT BANKS

        (a) In General.--The Secretary shall instruct the United
    States Executive Director of each multilateral development bank
    to exert the influence of the United States to strengthen the
    bank's procedures and management controls intended to ensure
    that funds disbursed by the bank to borrowing countries are
    used as intended and in a manner that complies with the
    conditions of the bank's loan to that country.
        (b) Progress Evaluation.--Not later than 180 days after the
    date of enactment of this Act, the Secretary shall submit to
    the appropriate congressional committees a report evaluating
    the progress made toward achieving the objectives of subsection
    (a), including a description of--
              (1) any progress made in improving the supervision,
            monitoring, and auditing of programs and projects
            supported by each multilateral development bank, in
            order to identify and reduce bribery and corruption;
              (2) any progress made in developing each multilateral
            development bank's priorities for allocating
            anticorruption assistance;
              (3) country-specific anticorruption programs
            supported by each multilateral development bank;
              (4) actions taken to identify and discipline
            multilateral development bank employees suspected of
            knowingly being involved in corrupt activities; and
              (5) the outcome of efforts to harmonize procurement
            practices across all multilateral development banks.

    SEC. 803. REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF
                        INTERNATIONAL FINANCIAL INSTITUTIONS

        (a) Annual Report on Financial Operations.--Beginning 180
    days after the date of enactment of this Act, or October 31,
    2000, whichever is later, and on October 31 of each year
    thereafter, the Comptroller General of the United States shall
    submit to the appropriate congressional committees a report on
    the sufficiency of audits of the financial operations of each
    multilateral development bank conducted by persons or entities
    outside such bank.
        (b) Annual Report on United States Supported Policies.--
    Beginning 180 days after the date of enactment of this Act, or
    October 31, 2000, whichever is later, and on October 31 of each
    year thereafter, the Secretary shall submit a report to the
    appropriate congressional committees on--
              (1) the actions taken by recipient countries, as a
            result of the assistance allocated to them by the
            multilateral development banks under programs referred
            to in section 802(b), to strengthen governance and
            reduce the opportunity for bribery and corruption; and
              (2) how International Development Association-
            financed projects contribute to the eventual graduation
            of a representative sample of countries from reliance
            on financing on concessionary terms and international
            development assistance.
        (c) * * *
        (d) Report on Debt Relief.--Not later than 90 days after
    the date of enactment of this Act, the Secretary shall submit a
    report to the appropriate congressional committees on the
    history of debt relief programs led by, or coordinated with,
    international financial institutions, including but not limited
    to--
              (1) the extent to which poor countries and the
            poorest-of-the-poor benefit from debt relief, including
            measurable evidence of any such benefits; and
              (2) the extent to which debt relief contributes to
            the graduation of a country from reliance on financing
            on concessionary terms and international development
            assistance.
              * * * * * * *

    SEC. 806. DEFINITIONS

        In this title:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Foreign Relations and the Committee on
            Appropriations of the Senate, and the Committee on
            Banking and Financial Services and the Committee on
            Appropriations of the House of Representatives.
              (2) Bank.--The term ``Bank'' means the International
            Bank for Reconstruction and Development.
              (3) Fund.--The term ``Fund'' means the International
            Monetary Fund.
              (4) International financial institutions.--The term
            ``international financial institutions'' means the
            multilateral development banks and the International
            Monetary Fund.
              (5) Multilateral development banks.--The term
            ``international financial institutions'' means the
            International Bank for Reconstruction and Development,
            the International Finance Corporation, the Inter-
            American Development Bank, the Asian Development Bank,
            the Inter-American Investment Corporation, the African
            Development Bank, the African Development Fund, the
            European Bank for Reconstruction and Development, and
            the Multilateral Investment Guarantee Agency.
              (6) Secretary.--The term ``Secretary'' means the
            Secretary of the Treasury.
        This Act may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2001''.
      f. Foreign Operations Appropriations Instructions, Fiscal Year 2006

        Partial text of Public Law 109-102 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 2006; H.R. 3057],
                   119 Stat. 2172, approved November 14, 2005

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 2006, and
                              for other purposes.

              Note.--Sections from the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            2006, that follow provide instructions, restrictions,
            and other provisions pertaining to U.S. participation
            in international financial institutions. For the
            complete text of P.L. 109-102, see Legislation on
            Foreign Relations Through 2005, vol. I-A.

              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

      compensation for united states executive directors to international
                             financial institutions

        Sec. 501. (a) No funds appropriated by this Act may be made
    as payment to any international financial institution while the
    United States Executive Director to such institution is
    compensated by the institution at a rate which, together with
    whatever compensation such Director receives from the United
    States, is in excess of the rate provided for an individual
    occupying a position at level IV of the Executive Schedule
    under section 5315 of title 5, United States Code, or while any
    alternate United States Director to such institution is
    compensated by the institution at a rate in excess of the rate
    provided for an individual occupying a position at level V of
    the Executive Schedule under section 5316 of title 5, United
    States Code.
        (b) For purposes of this section, ``international financial
    institutions'' are: the International Bank for Reconstruction
    and Development, the Inter-American Development Bank, the Asian
    Development Bank, the Asian Development Fund, the African
    Development Bank, the African Development Fund, the
    International Monetary Fund, the North American Development
    Bank, and the European Bank for Reconstruction and Development.
              * * * * * * *

                              surplus commodities

        Sec. 514. The Secretary of the Treasury shall instruct the
    United States Executive Directors of the International Bank for
    Reconstruction and Development, the International Development
    Association, the International Finance Corporation, the Inter-
    American Development Bank, the International Monetary Fund, the
    Asian Development Bank, the Inter-American Investment
    Corporation, the North American Development Bank, the European
    Bank for Reconstruction and Development, the African
    Development Bank, and the African Development Fund to use the
    voice and vote of the United States to oppose any assistance by
    these institutions, using funds appropriated or made available
    pursuant to this Act, for the production or extraction of any
    commodity or mineral for export, if it is in surplus on world
    markets and if the assistance will cause substantial injury to
    United States producers of the same, similar, or competing
    commodity.
              * * * * * * *

                                 war criminals

        Sec. 561. (a)(1) None of the funds appropriated or
    otherwise made available pursuant to this Act may be made
    available for assistance, and the Secretary of the Treasury
    shall instruct the United States executive directors to the
    international financial institutions to vote against any new
    project involving the extension by such institutions of any
    financial or technical assistance, to any country, entity, or
    municipality whose competent authorities have failed, as
    determined by the Secretary of State, to take necessary and
    significant steps to implement its international legal
    obligations to apprehend and transfer to the International
    Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
    all persons in their territory who have been indicted by the
    Tribunal and to otherwise cooperate with the Tribunal.
        (2) The provisions of this subsection shall not apply to
    humanitarian assistance or assistance for democratization.
        (b) The provisions of subsection (a) shall apply unless the
    Secretary of State determines and reports to the appropriate
    congressional committees that the competent authorities of such
    country, entity, or municipality are--
              (1) cooperating with the Tribunal, including access
            for investigators to archives and witnesses, the
            provision of documents, and the surrender and transfer
            of indictees or assistance in their apprehension; and
              (2) are acting consistently with the Dayton Accords.
        (c) Not less than 10 days before any vote in an
    international financial institution regarding the extension of
    any new project involving financial or technical assistance or
    grants to any country or entity described in subsection (a),
    the Secretary of the Treasury, in consultation with the
    Secretary of State, shall provide to the Committees on
    Appropriations a written justification for the proposed
    assistance, including an explanation of the United States
    position regarding any such vote, as well as a description of
    the location of the proposed assistance by municipality, its
    purpose, and its intended beneficiaries.
        (d) In carrying out this section, the Secretary of State,
    the Administrator of the United States Agency for International
    Development, and the Secretary of the Treasury shall consult
    with representatives of human rights organizations and all
    government agencies with relevant information to help prevent
    indicted war criminals from benefiting from any financial or
    technical assistance or grants provided to any country or
    entity described in subsection (a).
        (e) The Secretary of State may waive the application of
    subsection (a) with respect to projects within a country,
    entity, or municipality upon a written determination to the
    Committees on Appropriations that such assistance directly
    supports the implementation of the Dayton Accords.
        (f) Definitions.--As used in this section:
              (1) Country.--The term ``country'' means Bosnia and
            Herzegovina, Croatia and Serbia.
              (2) Entity.--The term ``entity'' refers to the
            Federation of Bosnia and Herzegovina, Kosovo,
            Montenegro and the Republika Srpska.
              (3) Municipality.--The term ``municipality'' means a
            city, town or other subdivision within a country or
            entity as defined herein.
              (4) Dayton accords.--The term ``Dayton Accords''
            means the General Framework Agreement for Peace in
            Bosnia and Herzegovina, together with annexes relating
            thereto, done at Dayton, November 10 through 16, 1995.
              * * * * * * *

                      special debt relief for the poorest

        Sec. 565. (a) Authority To Reduce Debt.--The President may
    reduce amounts owed to the United States (or any agency of the
    United States) by an eligible country as a result of--
              (1) guarantees issued under sections 221 and 222 of
            the Foreign Assistance Act of 1961;
              (2) credits extended or guarantees issued under the
            Arms Export Control Act; or
              (3) any obligation or portion of such obligation, to
            pay for purchases of United States agricultural
            commodities guaranteed by the Commodity Credit
            Corporation under export credit guarantee programs
            authorized pursuant to section 5(f) of the Commodity
            Credit Corporation Charter Act of June 29, 1948, as
            amended, section 4(b) of the Food for Peace Act of
            1966, as amended (Public Law 89-808), or section 202 of
            the Agricultural Trade Act of 1978, as amended (Public
            Law 95-501).
        (b) Limitations.--
              (1) The authority provided by subsection (a) may be
            exercised only to implement multilateral official debt
            relief and referendum agreements, commonly referred to
            as ``Paris Club Agreed Minutes''.
              (2) The authority provided by subsection (a) may be
            exercised only in such amounts or to such extent as is
            provided in advance by appropriations Acts.
              (3) The authority provided by subsection (a) may be
            exercised only with respect to countries with heavy
            debt burdens that are eligible to borrow from the
            International Development Association, but not from the
            International Bank for Reconstruction and Development,
            commonly referred to as ``IDA-only'' countries.
        (c) Conditions.--The authority provided by subsection (a)
    may be exercised only with respect to a country whose
    government--
              (1) does not have an excessive level of military
            expenditures;
              (2) has not repeatedly provided support for acts of
            international terrorism;
              (3) is not failing to cooperate on international
            narcotics control matters;
              (4) (including its military or other security forces)
            does not engage in a consistent pattern of gross
            violations of internationally recognized human rights;
            and
              (5) is not ineligible for assistance because of the
            application of section 527 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995.
        (d) Availability of Funds.--The authority provided by
    subsection (a) may be used only with regard to the funds
    appropriated by this Act under the heading ``Debt
    Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt
    pursuant to subsection (a) shall not be considered assistance
    for the purposes of any provision of law limiting assistance to
    a country. The authority provided by subsection (a) may be
    exercised notwithstanding section 620(r) of the Foreign
    Assistance Act of 1961 or section 321 of the International
    Development and Food Assistance Act of 1975.
              * * * * * * *

                           anticorruption provisions

        Sec. 599D. Twenty percent of the funds appropriated by this
    Act under the heading ``International Development
    Association'', shall be withheld from disbursement until the
    Secretary of the Treasury certifies to the appropriate
    congressional committees that--
              (1) World Bank procurement guidelines are applied to
            all procurement financed in whole or in part by a loan
            from the International Bank for Reconstruction and
            Development (IBRD) or a credit agreement or grant from
            the International Development Association (IDA);
              (2) the World Bank proposal ``Increasing the Use of
            Country Systems in Procurement'' dated March 2005 has
            been withdrawn;
              (3) the World Bank is maintaining a strong central
            procurement office staffed with senior experts who are
            designated to address commercial concerns, questions,
            and complaints regarding procurement procedures and
            payments under IDA and IBRD projects;
              (4) thresholds for international competitive bidding
            are established to maximize international competitive
            bidding in accordance with sound procurement practices,
            including transparency, competition, and cost-effective
            results for the Borrowers;
              (5) all tenders under the World Bank's national
            competitive bidding provisions are subject to the same
            advertisement requirements as tenders under
            international competitive bidding; and
              (6) loan agreements are made public between the World
            Bank and the Borrowers.
              * * * * * * *
                g. International Lending Supervision Act of 1983

      Partial text of Public Law 98-181 [Supplemental Appropriations Act,
    1984; H.R. 3959], 97 Stat. 1153 at 1278, approved November 30, 1983; as
    amended by Public Law 100-418 [Omnibus Trade and Competitiveness Act of
    1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public Law
    101-240 [International Development and Finance Act of 1989; H.R. 2494],
      103 Stat. 2492, approved December 19, 1989; and Public Law 104-208
    [Economic Growth and Regulatory Paperwork Reduction Act of 1996, title
    II of the Omnibus Consolidated Appropriations Act for Fiscal Year 1997;
            H.R. 3610], 110 Stat. 3009, approved September 30, 1996

     AN ACT Making supplemental appropriations for the fiscal year ending
                  September 30, 1984, and for other purposes.

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

                  TITLE IX--INTERNATIONAL LENDING SUPERVISION

                                  short title

        Sec. 901. This title may be cited as the ``International
    Lending Supervision Act of 1983''.

                             declaration of policy

        Sec. 902.\1\ (a)(1) It is the policy of the Congress to
    assure that the economic health and stability of the United
    States and the other nations of the world shall not be
    adversely affected or threatened in the future by imprudent
    leading practices or inadequate supervision.
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 3901.
    ---------------------------------------------------------------------------
        (2) This shall be achieved by strengthening the bank
    regulatory framework to encourage prudent private
    decisionmaking and by enhancing international coordination
    among bank regulatory authorities.
        (b) The Federal banking agencies shall consult with the
    banking supervisory authorities of other countries to reach
    understandings aimed at achieving the adoption of effective and
    consistent supervisory policies and practices with respect to
    international lending.

                                  definitions

        Sec. 903.\2\ For purposes of this title--
    ---------------------------------------------------------------------------
        \2\ 12 U.S.C. 3902.
    ---------------------------------------------------------------------------
              (1) the term ``appropriate Federal banking agency''
            has the same meaning given such term in section 3(q) of
            the Federal Deposit Insurance Act, except that for
            purposes of this title such term means the Board of
            Governors of the Federal Reserve System for--
                      (A) bank holding companies and any nonbank
                    subsidiary thereof;
                      (B) Edge Act corporations organized under
                    section 25(a) of the Federal Reserve Act; and
                      (C) Agreement Corporations operating under
                    section 25 of the Federal Reserve Act; and
              (2) the term ``banking institution'' means--
                      (A)(i) an insured bank as defined in section
                    3(h) of the Federal Deposit Insurance Act or
                    any subsidiary of an insured bank;
                      (ii) an Edge Act corporation organized under
                    section 25(a) of the Federal Reserve Act; and
                      (iii) an Agreement Corporation operating
                    under section 25 of the Federal Reserve Act;
                    and
                      (B) to the extent determined by the
                    appropriate Federal banking agency, any agency
                    or branch of a foreign bank, and any commercial
                    lending company owned or controlled by one or
                    more foreign banks or companies that control a
                    foreign bank as those terms are defined in the
                    International Banking Act of 1978. The term
                    ``banking institution'' shall not include a
                    foreign bank.

               strengthened supervision of international lending

        Sec. 904.\3\ (a) Each appropriate Federal banking agency
    shall evaluate banking institution foreign country exposure and
    transfer risk for use in banking institution examination and
    supervision.
    ---------------------------------------------------------------------------
        \3\ 12 U.S.C. 3903.
    ---------------------------------------------------------------------------
        (b) Each such agency shall establish examination and
    supervisory procedures to assure that factors such as foreign
    country exposure and transfer risk are taken into account in
    evaluating the adequacy of the capital of banking institutions.

                                    reserves

        Sec. 905.\4\ (a)(1) Each appropriate Federal banking agency
    shall require a banking institution to establish and maintain a
    special reserve whenever, in the judgment of such appropriate
    Federal banking agency--
    ---------------------------------------------------------------------------
        \4\ 12 U.S.C. 3904.
    ---------------------------------------------------------------------------
              (A) the quality of such banking institution's assets
            has been impaired by a protracted inability of public
            or private borrowers in a foreign country to make
            payments on their external indebtedness as indicated by
            such factors, among others, as--
                      (i) a failure by such public or private
                    borrowers to make full interest payments on
                    external indebtedness.
                      (ii) a failure to comply with the terms of
                    any restructured indebtedness; or
                      (iii) a failure by the foreign country to
                    comply with any International Monetary Fund or
                    other suitable adjustment program; or
              (B) no definite prospects exist for the orderly
            restoration of debt service.
        (2) Such reserves shall be charged against current income
    and shall not be considered as part of capital and surplus or
    allowances for possible loan losses for regulatory,
    supervisory, or disclosure purposes.
        (b) The appropriate Federal banking agencies shall analyze
    the results of foreign loan rescheduling negotiations, assess
    the loan loss risk reflected in rescheduling agreements, and,
    using the powers set forth in section 908 (regarding capital
    adequacy), ensure that the capital and reserve positions of
    United States banks are adequate to accommodate potential
    losses on their foreign loans.
        (c) The appropriate Federal banking agencies shall
    promulgate regulations or orders necessary to implement this
    section within 120 days after the date of the enactment of this
    title.

                        additional reserve requirements

        Sec. 905A.\5\ (a) In General.--Each appropriate Federal
    banking agency shall review the exposure to risk of United
    States banking institutions arising from the medium- and long-
    term loans made by such institutions that are outstanding to
    any highly indebted country. Each agency shall provide
    direction to such institutions regarding additions to general
    reserves maintained by each banking institution for potential
    loan losses and special reserves required by such agency
    arising from such review.
    ---------------------------------------------------------------------------
        \5\ 12 U.S.C. 3904a. Sec. 402(b) of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2501) added sec.
    905A. Sec. 402(a) of that Act also provided the following, titled
    ``Additional Reserve Requirements'':
        ``(a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------

      ``(1) since the adoption of the International Lending Supervision Act of
    1983, the credit quality of loans by United States banking institutions to
    highly indebted countries has deteriorated and the prospects for full
    repayment of such loans have diminished;

      ``(2) in general during this period, the level of country exposure and
    transfer risk associated with loans by United States banking institutions
    to highly indebted countries has not been adequately reflected in the
    reserve levels established by many individual United States banking
    institutions or the reserve requirements imposed by Federal banking
    agencies pursuant to such Act;

      ``(3) during the last 3 years and particularly in recent months, United
    States banking institutions have increased their reserves for possible
    losses from loans to highly indebted countries but such reserves remain, in
    some cases, significantly lower than reserves established by banking
    institutions in a number of foreign countries and may not be adequate to
    deal with potential risks; and

      ``(4) in order to fulfill the purposes of such Act, the Federal banking
    agencies should take a more active role in reviewing reserve levels
    established by United States banking institutions for potential losses from
    loans to highly indebted countries and in requiring appropriate levels of
    both special and general reserves to reflect the increased risk of such
    loans.''.

      (b) Determination of Institutional Exposure to Risk.--In
    determining the exposure of an institution to risk for purposes
    of subsection (a), the appropriate Federal banking agency--
              (1) shall determine whether any country exposure that
            is, and has been for at least 2 years, rated in the
            category ``Other Transfer Risk Problems'' or the
            category ``Substandard'' by the Interagency Country
            Exposure Review Committee should be reevaluated;
              (2) may exempt, in full or in part, from reserve
            requirements established pursuant to subsection (a),
            any loan--
                      (A) to a country that enters into a debt
                    reduction, debt service reduction, or financing
                    program with its bank creditors that is
                    supported by the International Bank for
                    Reconstruction and Development or the
                    International Monetary Fund; or
                      (B) secured, in whole or in part, by
                    appropriate collateral for payment of interest
                    or principal;
              (3) take into account any other factors which bear on
            such exposure and the particular circumstances of the
            institution; and
              (4) shall consider as indicators of risk, where
            appropriate, the average reserve levels maintained by
            or required of banking institutions in foreign
            countries and secondary market prices for such loans.
      (c) Timing and Report.--
              (1) Determined by agency.--Except as provided in
            paragraph (3), each appropriate Federal banking agency
            shall determine the timing of any addition to reserves
            required by subsection (a).
              (2) Report.--Each appropriate Federal banking agency
            shall include in each report required to be made under
            section 913(d) after 1989 a report on the actions taken
            pursuant to this section.
              (3) Deadline.--Each Federal agency required to
            undertake a review described in subsection (a) shall
            complete the review not later than December 31, 1990.
      (d) Highly Indebted Country Defined.--As used in this
    section, the term ``highly indebted country'' means any country
    designated as a ``Highly Indebted Country'' in the annual World
    Debt Tables most recently published by the International Bank
    for Reconstruction and Development before the date of the
    enactment of this section.

                   accounting for fees on international loans

        Sec. 906.\6\ (a)(1) In order to avoid excessive debt
    service burdens on debtor countries, no banking institution
    shall charge, in connection with the restructuring of an
    international loan, any fee exceeding the administrative cost
    of the restructuring unless it amortizes such fee over the
    effective life of each such loan.
    ---------------------------------------------------------------------------
        \6\ 12 U.S.C. 3905.
    ---------------------------------------------------------------------------
        (2)(A) Each appropriate Federal banking agency shall
    promulgate such regulations as are necessary to further carry
    out the provisions of this subsection.
        (B) The requirement of paragraph (1) shall take effect on
    the date of the enactment of this section.
        (b)(1) Subject to subsection (a), the appropriate Federal
    banking agencies shall promulgate regulations for accounting
    for agency, commitment, management and other fees charged by a
    banking institution in connection with an international loan.
        (2) Such regulations shall establish the accounting
    treatment of such fees for regulatory, supervisory, and
    disclosure purposes to assure that the appropriate portion of
    such fees is accrued in income over the effective life of each
    such loan.
        (3) The appropriate Federal banking agencies shall
    promulgate regulations or orders necessary to implement this
    subsection within 120 days after the date of the enactment of
    this title.

        collection and disclosure of certain international lending data

        Sec. 907.\7\ (a) Each appropriate Federal banking agency
    shall require, by regulation, each banking institution with
    foreign country exposure to submit, no fewer than four times
    each calendar year, information regarding such exposure in a
    format prescribed by such regulations.
    ---------------------------------------------------------------------------
        \7\ 12 U.S.C. 3906.
    ---------------------------------------------------------------------------
        (b) Each appropriate Federal banking agency shall require,
    by regulation, banking institutions to disclose to the public
    information regarding material foreign country exposure in
    relation to assets and to capital.
        (c) The appropriate Federal banking agencies shall
    promulgate regulations or orders necessary to implement this
    section within 120 days after the date of the enactment of this
    title.

                                capital adequacy

        Sec. 908.\8\ (a)(1) Each appropriate Federal banking agency
    shall cause banking institutions to achieve and maintain
    adequate capital by establishing minimum levels of capital for
    such banking institutions and by using such other methods as
    the appropriate Federal banking agency deems appropriate.
    ---------------------------------------------------------------------------
        \8\ 12 U.S.C. 3907.
    ---------------------------------------------------------------------------
        (2) Each appropriate Federal banking agency shall have the
    authority to establish such minimum level of capital for a
    banking institution as the appropriate Federal banking agency,
    in its discretion, deems to be necessary or appropriate in
    light of the particular circumstances of the banking
    institution.
        (b)(1) Failure of a banking institution to maintain capital
    at or above its minimum level as established pursuant to
    subsection (a) may be deemed by the appropriate Federal banking
    agency, in its discretion, to constitute an unsafe and unsound
    practice within the meaning of section 8 of the Federal Deposit
    Insurance Act.
        (2)(A) In addition to, or in lieu of, any other action
    authorized by law, including paragraph (1), the appropriate
    Federal banking agency may issue a directive to a banking
    institution that fails to maintain capital at or above its
    required level as established pursuant to subsection (a).
        (B)(i) Such directive may require the banking institution
    to submit and adhere to a plan acceptable to the appropriate
    Federal banking agency describing the means and timing by which
    the banking institution shall achieve its required capital
    level.
        (ii) Any such directive issued pursuant to this paragraph,
    including plans submitted pursuant thereto, shall be
    enforceable under the provisions of section 8(i) of the Federal
    Deposit Insurance Act to the same extent as an effective and
    outstanding order issued pursuant to section 8(b) of the
    Federal Deposit Insurance Act which has become final.
        (3)(A) Each appropriate Federal banking agency may consider
    such banking institution's progress in adhering to any plan
    required under this subsection whenever such banking
    institution, or an affiliate thereof, or the holding company
    which controls such banking institution, seeks the requisite
    approval of such appropriate Federal banking agency for any
    proposal which would divert earnings, diminish capital, or
    otherwise impede such banking institution's progress in
    achieving its minimum capital level.
        (B) Such appropriate Federal banking agency may deny such
    approval where it determines that such proposal would adversely
    affect the ability of the banking institution to comply with
    such plan.
        (C) The Chairman of the Board of Governors of the Federal
    Reserve System and the Secretary of the Treasury shall
    encourage governments, central banks, and regulatory
    authorities of other major banking countries to work toward
    maintaining and, where appropriate, strengthening the capital
    bases of banking institutions involved in international
    lending.

                            foreign loan evaluations

        Sec. 909.\9\ (a)(1) In any case in which one or more
    banking institutions extend credit, whether by loan, lease,
    guarantee, or otherwise, which individually or in the aggregate
    exceeds $20,000,000, to finance any project which has as a
    major objective the construction or operation of any mining
    operation, any metal or mineral primary processing operation,
    any fabricating facility or operation, or any metal-making
    operations (semi and finished) located outside the United
    States or its territories and possessions, a written economic
    feasibility evaluation of such foreign project shall be
    prepared and approved in writing by a senior official of the
    banking institution, or, if more than one banking institution
    is involved, the lead banking institution, prior to the
    extension of such credit.
    ---------------------------------------------------------------------------
        \9\ 12 U.S.C. 3908.
    ---------------------------------------------------------------------------
        (2) Such evaluation shall--
              (A) take into account the profit potential of the
            project, the impact of the project on world markets,
            the inherent competitive advantages and disadvantages
            of the project over the entire life of the project, and
            the likely effect of the project upon the overall long-
            term economic development of the country in which the
            project is located; and
              (B) consider whether the extension of credit can
            reasonably be expected to be repaid from revenues
            generated by such foreign project without regard to any
            subsidy, as defined in international agreements,
            provided by the government involved or any
            instrumentality of any country.
        (b) Such economy feasibility evaluations shall be reviewed
    by representatives of the appropriate Federal banking agencies
    whenever an examination by such appropriate Federal banking
    agency is conducted.
        (c)(1) The authorities of the Federal banking agencies
    contained in section 8 of the Federal Deposit Insurance Act and
    in section 910 of this Act, except those contained in section
    910(d), shall be applicable to this section.
        (2) No private right of action or claim for relief may be
    predicated upon this section.

                              general authorities

        Sec. 910.\10\ (a)(1) The appropriate Federal banking
    agencies are authorized to interpret and define the terms used
    in this title, and each appropriate Federal banking agency
    shall prescribe rules or regulations or issue orders as
    necessary to effectuate the purposes of this title and to
    prevent evasions thereof.
    ---------------------------------------------------------------------------
        \10\ 12 U.S.C. 3909.
    ---------------------------------------------------------------------------
        (2) The appropriate Federal banking agency is authorized to
    apply the provisions of this title to any affiliate of an
    insured bank, but only to affiliates for which it is the
    appropriate Federal banking agency, in order to promote uniform
    application of this title or to prevent evasions thereof.
        (3) For purposes of this section, the term ``affiliate''
    shall have the same meaning as in section 23A of the Federal
    Reserve Act, except that the term ``member bank'' in such
    section shall be deemed to refer to an ``insured bank'', as
    such term is used in section 3(h) of the Federal Deposit
    Insurance Act.
        (b) The appropriate Federal banking agencies shall
    establish uniform systems to implement the authorities provided
    under this title.
        (c)(1) The powers and authorities granted in this title
    shall be supplemental to and shall not be deemed in any manner
    to derogate from or restrict the authority of each appropriate
    Federal banking agency under section 8 of the Federal Deposit
    Insurance Act or any other law including the authority to
    require additional capital or reserves.
        (2) Any such authority may be used by any appropriate
    Federal banking agency to ensure compliance by a banking
    institution with the provisions of this title and all rules,
    regulations, or orders issued pursuant thereto.
        (d)(1) Any banking institution which violates, or any
    officer, director, employee, agent, or other person
    participating in the conduct of the affairs of such banking
    institution, who violates any provision of this title or any
    rule, regulation, or order, issued under this title, shall
    forfeit and pay a civil penalty of not more than $1,000 per day
    for each day during which such violation continues.
        (2) Such violations shall be deemed to be a violation of a
    final order under section 8(i)(2) of the Federal Deposit
    Insurance Act and the penalty shall be assessed and collected
    by the appropriate Federal banking agency under the procedures
    established by, and subject to the rights afforded to parties
    in, such section.

                              gao audit authority

        Sec. 911.\11\ (a)(1) Under regulations of the Comptroller
    General, the Comptroller General shall audit the appropriate
    Federal banking agencies (as defined in section 903 of this
    title), but may carry out an on site examination of an open
    insured bank or bank holding company only if the appropriate
    Federal banking agency has consented in writing.
    ---------------------------------------------------------------------------
        \11\ 12 U.S.C. 3910. Sec. 8(b) of the GAO Human Capital Reform Act
    of 2004 (Public Law 108-271; 118 Stat. 814; 31 U.S.C. 702 note)
    provided: ``Any reference to the General Accounting Office in any law,
    rule, regulation, certificate, directive, instruction, or other
    official paper in force on the date of enactment of this Act shall be
    considered to refer and apply to the Government Accountability
    Office.''.
    ---------------------------------------------------------------------------
        (2) An audit under this subsection may include a review or
    evaluation of the international regulation, supervision, and
    examination activities of the appropriate Federal banking
    agency, including the coordination of such activities with
    similar activities of regulatory authorities of a foreign
    government or international organization.
        (3) Audits of the Federal Reserve Board and Federal Reserve
    banks may not include--
              (A) transactions for, or with, a foreign central
            bank, government of a foreign country, or nonprivate
            international financing organization;
              (B) deliberations, decisions, or actions on monetary
            policy matters, including discount window operations,
            reserves of member banks, securities credit, interests
            on deposits, or open market operations;
              (C) transactions made under the direction of the
            Federal Open Market Committee; or
              (D) a part of a discussion or communication among or
            between members of the Board of Governors of the
            Federal Reserve System and officers and employees of
            the Federal Reserve System related to subparagraphs (A)
            through (C) of this paragraph.
        (b)(1)(A) Except as provided in this subsection, an officer
    or employee of the General Accounting Office may not disclose
    information identifying an open bank, an open bank holding
    company, or a customer of an open or closed bank or bank
    holding company.
        (B) The Comptroller General may disclose information
    related to the affairs of a closed bank or closed bank holding
    company identifying a customer of the closed bank or closed
    bank holding company only if the Comptroller General believes
    the customer had a controlling influence in the management of
    the closed bank or closed bank holding company or was related
    to or affiliated with a person or group having a controlling
    influence.
        (2) An officer or employee of the General Accounting Office
    may discuss a customer, bank, or bank holding company with an
    official of an appropriate Federal banking agency and may
    report an apparent criminal violation to an appropriate law
    enforcement authority of the United States Government or a
    State.
        (3) This subsection does not authorize an officer or
    employee of an appropriate Federal banking agency to withhold
    information from a committee of the Congress authorized to have
    the information.
        (c)(1)(A) To carry out this section, all records and
    property of or used by an appropriate Federal banking agency,
    including samples of reports of examinations of a bank or bank
    holding company the Comptroller General considers statistically
    meaningful and workpapers and correspondence related to the
    reports shall be made available to the Comptroller General,
    including such records and property pertaining to the
    coordination of international regulation, supervision and
    examination activities of an appropriate Federal banking
    agency.
        (B) The Comptroller General shall give each appropriate
    Federal banking agency a current list of officers and employees
    to whom, with proper identification, records and property may
    be made available, and who may make notes or copies necessary
    to carry out an audit.
        (C) Each appropriate Federal banking agency shall give the
    Comptroller General suitable and lockable offices and
    furniture, telephones, and access to copying facilities.
        (2) Except for the temporary removal of workpapers of the
    Comptroller General that do not identify a customer of a open
    or closed bank or bank holding company, an open bank, or an
    open bank holding company, all workpapers of the Comptroller
    General and records and property of or used by an appropriate
    Federal banking agency that the Comptroller General possesses
    during an audit, shall remain in such agency. The Comptroller
    General shall prevent unauthorized access to records or
    property.

       equal representation for the federal deposit insurance corporation

        Sec. 912.\12\ As one of the three Federal bank regulatory
    and supervisory agencies, and as the insurer of the United
    States banks involved in international lending, the Federal
    Deposit Insurance Corporation shall be given equal
    representation with the Board of Governors of the Federal
    Reserve System and the Office of the Comptroller of the
    Currency on the Committee on Banking Regulations and
    Supervisory Practices of the Group of Ten Countries and
    Switzerland.
    ---------------------------------------------------------------------------
        \12\ 12 U.S.C. 3911.
    ---------------------------------------------------------------------------
        Sec. 913.\13\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \13\ Formerly at 12 U.S.C. 3912. Sec. 2224(c) of title II of Public
    Law 104-208 (110 Stat. 3009) repealed sec. 913, which had required the
    Treasury Department to issue reports to Congress on international
    lending operations of banking institutions.
              h. Multilateral Development Banks--Sense of Congress

      Partial text of Public Law 98-181 [Supplemental Appropriations Act,
      1984; H.R. 3959], 97 Stat. 1153 at 1286, approved November 30, 1983

              Note.--Except for the provisions included below,
            title X of this Act consists of amendments to the
            Inter-American Development Bank Act, the Asian
            Development Bank Act, and the African Development Fund
            Act. These amendments have been incorporated at the
            appropriate places in the text.

     AN ACT Making supplemental appropriations for the fiscal year ending
                  September 30, 1984, and for other purposes.

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

                    TITLE X--MULTILATERAL DEVELOPMENT BANKS

              * * * * * * *

                                     study

        Sec. 1005. (a) It is the sense of Congress that--
              (1) the multilateral development institutions serve
            an invaluable role in promoting developing abroad;
              (2) foreign direct investment, trade, and commercial
            lending make a contribution at least equal to that of
            development assistance in promoting development;
              (3) United States economic interests are vitally
            affected by conditions in developing countries; and
              (4) the multilateral development banks already play
            an important, although indirect, role in encouraging
            private investment flows.
        (b)(1)(A) The Secretary of the Treasury shall conduct a
    study of how the multilateral development institutions could
    more actively encourage foreign direct investment and
    commercial capital flows and channel such investment and
    capital flows to developing countries for sound and productive
    development projects through the International Finance
    Corporation in cooperation with the multilateral development
    institutions or through a new investment banking facility at
    one or more of these institutions.
        (B) In addition, such study shall evaluate whether the
    multilateral development institutions could help increase
    foreign direct investment and commercial capital flows by
    insuring that the interests of investors and host governments
    are adequately protected.
        (2) The Secretary of the Treasury shall solicit comments on
    such study from the multilateral development institutions and
    shall incorporate such comments with the study in a report to
    be transmitted to both Houses of the Congress within one
    hundred and eighty days of the date of the enactment of this
    section.

                              personnel practices

        Sec. 1006. (a) \1\ It shall be the policy of the United
    States that no initiatives, discussions or recommendations
    concerning the placement or removal of any Inter-American
    Development Bank, Asian Development Bank, or African
    Development Bank personnel shall be based on the political
    philosophy or activity of the individual under consideration.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 276e-3.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall consult with the
    Chairman and ranking minority member of the Committee on
    Banking, Finance and Urban Affairs \2\ of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate and the relevant subcommittees prior to any discussions
    or recommendations by any official of the United States
    Government concerning the placement or removal of any principal
    officer of the Inter-American Development Bank, Asian
    Development Bank, or African Development Bank management.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
                          i. Foreign Currency Reports

     Added to 31 United States Code by Public Law 93-110 [An Act To Amend
      the Par Value Modification Act; H.R. 6912], 87 Stat. 352, approved
      September 21, 1973; as amended by Public Law 98-473 [Comprehensive
      Crime Control Act of 1984, H.J. Res. 648], 98 Stat. 1837, approved
    October 12, 1984; Public Law 99-570 [Anti-Drug Abuse Act of 1986, H.R.
     5484], 100 Stat. 3207, approved October 27, 1986; Public Law 100-690
      [Anti-Drug Abuse Act of 1988, H.R. 5210], 102 Stat. 4181, approved
         November 18, 1988; Public Law 102-550 [Housing and Community
     Development Act of 1992, H.R. 5334], 106 Stat. 3672, approved October
    28, 1992; Public Law 103-322 [Violent Crime Control and Law Enforcement
     Act of 1994; H.R. 3355], 108 Stat. 1796, approved September 13, 1994;
        Public Law 103-325 [Riegle Community Development and Regulatory
    Improvement Act of 1994; H.R. 3474], 108 Stat. 2160, approved September
     23, 1994; Public Law 104-208 [Omnibus Consolidated Appropriations Act
    for 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; and
       Public Law 107-56 [Uniting and Strengthening America by Providing
      Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
     PATRIOT ACT) Act of 2001; H.R. 3162], 115 Stat. 272, approved October
                                    26, 2001

                              TITLE 31, U.S.C.\1\

    Sec. 5315. Reports on foreign currency transactions

        (a) Congress finds that--
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        \1\ These provisions were originally enacted as title II of Public
    Law 93-110 and codified at 31 U.S.C. 1151. That text provided a
    congressional statement of findings, granted the Secretary of the
    Treasury the authority to prescribe regulations, and established
    enforcement provisions. Public Law 97-258 amended and recodified title
    31, U.S.C., and incorporated an amended text of title II into the
    revised title 31.
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              (1) moving mobile capital can have a significant
            impact on the proper functioning of the international
            monetary system;
              (2) it is important to have the most feasible current
            and complete information on the kind and source of
            capital flows, including transactions by large United
            States businesses and their foreign affiliates; and
              (3) additional authority should be provided to
            collect information on capital flows under section 5(b)
            of the Trading With the Enemy Act (50 App. U.S.C. 5(b))
            and section 8 of the Bretton Woods Agreement Act (22
            U.S.C. 286f).
        (b) In this section, ``United States person'' and ``foreign
    person controlled by a United States person'' have the same
    meanings given those terms in section 7(f) (A) and (C),
    respectively, of the Securities and Exchange Act of 1934 (15
    U.S.C. 78g(f)(2)(A), (C)).
        (c) The Secretary of the Treasury shall prescribe
    regulations consistent with subsection (a) of this section
    requiring reports on foreign currency transactions conducted by
    a United States person or a foreign person controlled by a
    United States person. The regulations shall require that a
    report contain information and be submitted at the time and in
    the way, with reasonable exceptions and classifications,
    necessary to carry out this section.
              * * * * * * *

    Sec. 5320. Injunctions

        When the Secretary of the Treasury believes a person has
    violated, is violating, or will violate this subchapter, or a
    regulation prescribed or order issued under this subchapter,
    the Secretary may bring a civil action in the appropriate
    district court of the United States or appropriate United
    States court of a territory or possession of the United States
    to enjoin the violation or to enforce compliance with the
    subchapter, regulation, or order. An injunction or temporary
    restraining order shall be issued without bond.

    Sec. 5321. Civil penalties

        (a)(1) A domestic financial institution or nonfinancial
    trades or businesses, \2\ and a partner, director, officer, or
    employee of a domestic financial institution or nonfinancial
    trades or businesses, \2\ willfully violating this subchapter
    or a regulation prescribed order issued \3\ under this
    subchapter (except sections 5314 and 5315 of this title or a
    regulation prescribed under sections 5314 and 5315) or
    willfully violating a regulation prescribed under Section 21 of
    the Federal Deposit Insurance Act or section 123 of Public Law
    91-508, \3\ is liable to the United States Government for a
    civil penalty of not more than the greater of the amount (not
    to exceed $100,000) \4\ involved in the transaction (if any)
    \5\ or $25,000. For a violation of section 5318(a)(2) of this
    title or a regulation prescribed under section 5318(a)(2), a
    separate violation occurs for each day the violation continues
    and at each office, branch, or place of business at which a
    violation occurs or continues.
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        \2\ Sec. 365(c)(2(B) of the USA PATRIOT ACT of 2001 (Public Law
    107-56; 115 Stat. 335) inserted ``or nonfinancial trades or
    businesses''.
        \3\ Sec. 353(b) of the USA PATRIOT ACT of 2001 (Public Law 107-56;
    115 Stat. 322) inserted ``or order issued'' and inserted ``or willfully
    violating a regulation prescribed under Section 21 of the Federal
    Deposit Insurance Act or section 123 of Public Law 91-508,''.
        \4\ Originally enacted as ''$1,000''. Sec. 901(a) of Public Law 98-
    473 (98 Stat. 2135) struck out ``$1,000'' and inserted in lieu thereof
    ``$10,000''; subsequently the penalty was raised to $100,000 by sec.
    1357(b) of Public Law 99-570 (100 Stat. 3207-24).
        \5\ Sec. 6185(g)(2) of Public Law 100-690 (102 Stat. 4357) inserted
    ``(if any)''.
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        (2) The Secretary of the Treasury may impose an additional
    civil penalty on a person not filing a report, or filing a
    report containing a material omission or misstatement, under
    section 5316 of this title or a regulation prescribed under
    section 5316. A civil penalty under this paragraph may not be
    more than the amount of the monetary instrument for which the
    report was required. A civil penalty under this paragraph is
    reduced by an amount forfeited under section 5317(b) of this
    title.
        (3) \6\ A person not filing a report under a regulation
    prescribed under section 5315 of this title or not complying
    with an injunction under section 5320 of this title enjoining a
    violation of, or enforcing compliance with, section 5315 or a
    regulation prescribed under section 5315, is liable to the
    Government for a civil penalty of not more than $10,000.
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        \6\ Sec. 1357 of Public Law 99-570 (100 Stat. 3207-24) added paras.
    (4) through (6).
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        (4) Structured transaction violation.--
              (A) Penalty authorized.--The Secretary of the
            Treasury may impose a civil money penalty on any person
            who \7\ violates any provision of section 5324.
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        \7\ Sec. 411(b) of Public Law 103-325 (108 Stat. 2253) struck out
    ``willfully'' following ``who''.
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              (B) Maximum amount limitation.--The amount of any
            civil money penalty imposed under subparagraph (A)
            shall not exceed the amount of the coins and currency
            (or such other monetary instruments as the Secretary
            may prescribe) involved in the transaction with respect
            to which such penalty is imposed.
              (C) Coordination with forfeiture provision.--The
            amount of any civil money penalty imposed by the
            Secretary under subparagraph (A) shall be reduced by
            the amount of any forfeiture to the United States \8\
            in connection with the transaction with respect to
            which such penalty is imposed.
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        \8\ Sec. 1525(b) of Public Law 102-550 (106 Stat. 4065) struck out
    ``under section 5317(d)'' from this point.
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        (5) \6\ Foreign financial agency transaction violation.--
              (A) Penalty authorized.--The Secretary of the
            Treasury may impose a civil money penalty on any person
            who willfully violates or any person willfully causing
            \9\ any violation of \10\ any provision of section
            5314.
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        \9\ Sec. 1535(a)(2) of Public Law 102-550 (106 Stat. 4066) inserted
    ``or any person willfully causing'' after ``willfully violates''.
        \10\ Sec. 330017(a)(1) of Public Law 103-322 (108 Stat. 2149)
    inserted ``any violation of'' after ``causing''. Sec. 413(a)(1) of
    Public Law 103-325 (108 Stat. 2254) made an identical amendment.
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              (B) Maximum amount limitation.--The amount of any
            civil money penalty imposed under subparagraph (A)
            shall not exceed--
                      (i) in the case of violation of such section
                    involving a transaction, the greater of--
                              (I) the amount (not to exceed
                            $100,000) of the transaction; or
                              (II) $25,000; and
                      (ii) in the case of violation of such section
                    involving a failure to report the existence of
                    an account or any identifying information
                    required to be provided with respect to such
                    account, the greater of--
                              (I) an amount (not to exceed
                            $100,000) equal to the balance in the
                            account at the time of the violation;
                            or
                              (II) $25,000.
        (6) \11\ Negligence.--
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        \11\ Sec. 1357 of Public Law 99-570 (100 Stat. 3207-24) added para.
    (6). Para. (6) was amended and restated by sec. 1561(a) of Public Law
    102-550 (106 Stat. 4071), effective with respect to violations
    committed after October 28, 1992.
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              (A) In general.--The Secretary of the Treasury may
            impose a civil money penalty of not more than $500 on
            any financial institution or nonfinancial trades or
            businesses, \2\ which negligently violates any
            provision of this subchapter or any regulation
            prescribed under this subchapter.
              (B) Patterns of negligent activity.--If any financial
            institution or nonfinancial trades or businesses, \2\
            engages in a pattern of negligent violations of any
            provision of this subchapter or any regulation
            prescribed under this subchapter, the Secretary of the
            Treasury may, in addition to any penalty imposed under
            subparagraph (A) with respect to any such violation,
            impose a civil money penalty of not more than $50,000
            on the financial institution or nonfinancial trades or
            businesses. \2\
        (7) \12\ Penalties for international counter money
    laundering violations.--The Secretary may impose a civil money
    penalty in an amount equal to not less than 2 times the amount
    of the transaction, but not more than $1,000,000, on any
    financial institution or agency that violates any provision of
    subsection (i) or (j) of section 5318 or any special measures
    imposed under section 5318A.
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        \12\ Sec. 563(a) of the USA PATRIOT ACT of 2001 (Public Law 107-56;
    115 Stat. 332) inserted para. (7). Previously, sec. 2223(3) of Public
    Law 104-208 (110 Stat. 3009) struck out the original para. (7), which
    had authorized the Secretary of the Treasury to impose civil money
    penalties on those found to be in violation of reporting requirements
    in 31 U.S.C. 5327. Public Law 104-208 also repealed 31 U.S.C. 5327.
    Para. (7) was originally added to this section by sec. 1511(b) of
    Public Law 102-550 (106 Stat. 4056).
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        (b) \13\ Time Limitations for Assessments and Commencement
    of Civil Actions.--
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        \13\ Sec. 1357(e) of Public Law 99-570 (100 Stat. 3207-24) amended
    and restated subsec. (b).
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              (1) Assessments.--The Secretary of the Treasury may
            assess a civil penalty under subsection (a) at any time
            before the end of the 6-year period beginning on the
            date of the transaction with respect to which the
            penalty is assessed.
              (2) Civil actions.--The Secretary may commence a
            civil action to recover a civil penalty assessed under
            subsection (a) at any time before the end of the 2-year
            period beginning on the later of--
                      (A) the date the penalty was assessed; or
                      (B) the date any judgment becomes final in
                    any criminal action under section 5322 in
                    connection with the same transaction with
                    respect to which the penalty is assessed.
        (c) The Secretary may remit any part of a forfeiture under
    subsection (c) or (d) of section 5317 \14\ of this title or
    civil penalty under subsection (a)(2) of this section.
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        \14\ Sec. 1357(h) of Public Law 99-570 struck out ``section
    5317(d)'' and inserted in lieu thereof ``subsection (c) or (d) of
    section 5317''.
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        (d) \15\ Criminal Penalty Not Exclusive of Civil Penalty.--
    A civil money penalty may be imposed under subsection (a) with
    respect to any violation of this subchapter notwithstanding the
    fact that a criminal penalty is imposed with respect to the
    same violation.
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        \15\ Sec. 1357(f) of Public Law 99-570 added subsec. (d).
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        (e) \16\ Delegation of Assessment Authority to Banking
    Agencies.--
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        \16\ Sec. 406 of Public Law 103-325 (108 Stat. 2247) added subsec.
    (e).
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              (1) In general.--The Secretary of the Treasury shall
            delegate, in accordance with section 5318(a)(1) and
            subject to such terms and conditions as the Secretary
            may impose in accordance with paragraph (3), any
            authority of the Secretary to assess a civil money
            penalty under this section on depository institutions
            (as defined in section 3 of the Federal Deposit
            Insurance Act) to the appropriate Federal banking
            agencies (as defined in such section 3).
              (2) Authority of agencies.--Subject to any term or
            condition imposed by the Secretary of the Treasury
            under paragraph (3), the provisions of this section
            shall apply to an appropriate Federal banking agency to
            which is delegated any authority of the Secretary under
            this section in the same manner such provisions apply
            to the Secretary.
              (3) Terms and conditions.--
                      (A) In general.--The Secretary of the
                    Treasury shall prescribe by regulation the
                    terms and conditions which shall apply to any
                    delegation under paragraph (1).
                      (B) Maximum dollar amount.--The terms and
                    conditions authorized under subparagraph (A)
                    may include, in the Secretary's sole
                    discretion, a limitation on the amount of any
                    civil penalty which may be assessed by an
                    appropriate Federal banking agency pursuant to
                    a delegation under paragraph (1).
              * * * * * * *

    Sec. 5331. Reports relating to coins and currency received in
            nonfinancial trade or business \17\

        (a) Coin and Currency Receipts of More Than $10,000.--Any
    person--
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        \17\ Sec. 565(a) of the USA PATRIOT ACT of 2001 (Public Law 107-56;
    115 Stat. 333) added sec. 5331.
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              (1) who is engaged in a trade or business; and
              (2) who, in the course of such trade or business,
            receives more than $10,000 in coins or currency in 1
            transaction (or 2 or more related transactions),
    shall file a report described in subsection (b) with respect to
    such transaction (or related transactions) with the Financial
    Crimes Enforcement Network at such time and in such manner as
    the Secretary may, by regulation, prescribe.
        (b) Form and Manner of Reports.--A report is described in
    this subsection if such report--
              (1) is in such form as the Secretary may prescribe;
              (2) contains--
                      (A) the name and address, and such other
                    identification information as the Secretary may
                    require, of the person from whom the coins or
                    currency was received;
                      (B) the amount of coins or currency received;
                      (C) the date and nature of the transaction;
                    and
                      (D) such other information, including the
                    identification of the person filing the report,
                    as the Secretary may prescribe.
        (c) Exceptions.--
              (1) Amounts received by financial institutions.--
            Subsection (a) shall not apply to amounts received in a
            transaction reported under section 5313 and regulations
            prescribed under such section.
              (2) Transactions occurring outside the united
            states.--Except to the extent provided in regulations
            prescribed by the Secretary, subsection (a) shall not
            apply to any transaction if the entire transaction
            occurs outside the United States.
        (d) Currency Includes Foreign Currency and Certain Monetary
    Instruments.--
              (1) In general.--For purposes of this section, the
            term ``currency'' includes--
                      (A) foreign currency; and
                      (B) to the extent provided in regulations
                    prescribed by the Secretary, any monetary
                    instrument (whether or not in bearer form) with
                    a face amount of not more than $10,000.
              (2) Scope of application.--Paragraph (1)(B) shall not
            apply to any check drawn on the account of the writer
            in a financial institution referred to in subparagraph
            (A), (B), (C), (D), (E), (F), (G), (J), (K), (R), or
            (S) of section 5312(a)(2).
                   j. Par Value Modification Act, as amended

    Public Law 92-268 [S. 3160], 86 Stat. 116, approved March 31, 1972; as
       amended by Public Law 93-110 [H.R. 6912], 87 Stat. 532, approved
      September 21, 1973; Public Law 94-564 [H.R. 13955], 90 Stat. 2660,
    approved October 19, 1976; and Public Law 97-258 [H.R. 6128], 97 Stat.
                    877 at 992, approved September 13, 1982

     AN ACT To provide for a modification in the par value of the dollar,
                            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. This Act may be cited as the ``Par Value
    Modification Act''.
        Sec. 2.\1\ * * * [Repealed--1978]
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        \1\ Upon entry into force on April 1, 1978, of the amendments to
    the Articles of Agreement of the IMF, sec. 2 was repealed, as provided
    for by sec. 6 of Public Law 94-564. Sec. 2 previously read as follows:
        ``Sec. 2. The Secretary of the Treasury is hereby authorized and
    directed to take the steps necessary to establish a new par value of
    the dollar of $1 equals 0.828948 Special Drawing Right or, the
    equivalent in terms of gold, of forty-two and two-ninths dollars per
    fine troy ounce of gold. When established such par value shall be the
    legal standard for defining the relationship of the dollar to gold for
    the purpose of issuing gold certificates pursuant to section 14(c) of
    the Gold Reserve Act of 1934 (31 U.S.C. 405b).''.
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        Sec. 3.\2\ The Secretary of the Treasury shall maintain the
    value in terms of gold of the holdings of United States money
    of the International Bank for Reconstruction and Development,
    the Inter-American Development Bank, the International
    Development Association, and the Asian Development Bank to the
    extent provided in the articles of agreement of those
    institutions. Amounts necessary to maintain the value may be
    appropriated. Amounts appropriated under this section remain
    available until expended.
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        \2\ 31 U.S.C. 5152. Public Law 97-258 recodified title 31, United
    States Code. Pursuant to that Act, sec. 3, which had originally been
    codified as 31 U.S.C. 449a, was amended and restated, and recodified as
    31 U.S.C. 5152.
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        Sec. 4.\3\ * * * [Repealed--1982]
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        \3\ Public Law 97-258 amended and recodified title 31, U.S.C. and
    omitted sec. 4 as an obsolete provision from the revised text of title
    31. Sec. 4, which had been codified as 31 U.S.C. 449b, previously read
    as follows:
        ``Sec. 4. The increase in the value of the gold held by the United
    States (including the gold held as security for gold certificates)
    resulting from the change in the par value of the dollar authorized by
    section 2 of this Act shall be covered into the Treasury as a
    miscellaneous receipt.''.
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        Sec. 5.\4\ * * * [Repealed--1982]
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        \4\ Public Law 97-258 amended and recodified title 31, U.S.C., and
    omitted sec. 5 as an executed provision from the revised text of title
    31. Sec. 5, which had been added by sec. 2 of Public Law 93-110 (87
    Stat. 352) and codified as 31 U.S.C. 449c, previously read as follows:
        ``Sec. 5. It is the sense of the Congress that the President shall
    take all appropriate action to expedite realization of the
    international monetary reform noted at the Smithsonian on December 18,
    1971.''.
                   k. Special Drawing Rights Act, as amended

     Public Law 90-349 [H.R. 16911], 82 Stat. 188, approved June 19, 1968;
     as amended by Public Law 91-599 [H.R. 18306], 84 Stat, 1657, approved
       December 30, 1970; Public Law 94-564 [H.R. 13955], 90 Stat. 2660,
        approved October 18, 1976; and Public Law 98-181 [Supplemental
     Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at 1270, approved
                               November 30, 1983

    AN ACT To provide for United States participation in the facility based
     on Special Drawing Rights in the International Monetary Fund, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Special Drawing Rights Act''.
        Sec. 2.\1\ The President is hereby authorized (a) to accept
    the amendment to the articles of agreement of the International
    Monetary Fund (hereinafter referred to as the ``Fund''),
    attached to the April 1968 report by the Executive Directors to
    the Board of Governors of the Fund, for the purpose of (i)
    establishing a facility based on Special Drawing Rights in the
    Fund and (ii) giving effect to certain modifications in the
    present rules and practices of the Fund, and (b) to participate
    in the special drawing account established by the amendment.
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        \1\ 22 U.S.C. 286n.
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        Sec. 3.\2\ (a) Special Drawing Rights allocated to the
    United States pursuant to article XVIII \3\ of the Articles of
    Agreement of the Fund, and Special Drawing Rights otherwise
    acquired by the United States, shall be credited to the account
    of, and administered as part of, the Exchange Stabilization
    Fund established by section 10 of the Gold Reserve Act of 1934,
    as amended (31 U.S.C. 822a).
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        \2\ 22 U.S.C. 286o.
        \3\ Upon entry into force on April 1, 1978, of the amendments to
    the Articles of Agreement of the IMF, certain technical changes
    regarding references to articles in secs. 3, 6, and 7 became effective,
    as provided for by sec. 5 of Public Law 94-564.
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        (b) The proceeds resulting from the use of Special Drawing
    Rights by the United States, and payments of interest to the
    United States Articles of Agreement of the Fund, shall be
    deposited in the Exchange Stabilization Fund. Currency payments
    by the United States in return for Special Drawing Rights, and
    payments of charges or assessments pursuant to article XX,
    article XXIV, and article XXV \3\ of the Articles of Agreement
    of the Fund, shall be made from the resources of the Exchange
    Stabilization Fund.
        Sec. 4.\4\ (a) The Secretary of the Treasury is authorized
    to issue to the Federal Reserve banks, and such banks shall
    purchase, Special Drawing Right certificates in such form and
    in such denominations as he may determine, against any Special
    Drawing Rights held to the credit of the Exchange Stabilization
    Fund. Such certificates shall be issued and remain outstanding
    only for the purpose of financing the acquisition of Special
    Drawing Rights or for financing exchange stabilization
    operations. The amount of special Drawing Right certificates
    issued and outstanding shall at no time exceed the value of the
    Special Drawing Rights held against the Special Drawing Right
    certificates. The proceeds resulting from the issuance of
    Special Drawing Right certificates shall be covered into the
    Exchange Stabilization Fund.
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        \4\ 22 U.S.C. 286p.
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        (b) Special Drawing Right certificates owned by the Federal
    Reserve banks shall be redeemed from the resources of the
    Exchange Stabilization Fund at such times and in such amounts
    as the Secretary of the Treasury may determine.
        Sec. 5.\5\ * * *
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        \5\ Sec. 5 made conforming amendments at 12 U.S.C. 412, 12 U.S.C.
    415, 12 U.S.C. 417, and 12 U.S.C. 467.
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        Sec. 6.\6\ (a) \7\ Unless Congress by law authorizes such
    action, neither the President nor any person or agency shall on
    behalf of the United States vote to allocate in each basic
    period Special Drawing Rights under article XVIII,\3\ sections
    2 and 3, of the Articles of Agreement of the Fund so that
    allocations to the United States in that period exceed an
    amount equal to the United States quota in the Fund as
    authorized under the Bretton Woods Agreements Act.
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        \6\ 22 U.S.C. 286q. Amended and restated by sec. 2 of Public Law
    91-599 (84 Stat. 1657).
        \7\ Sec. 803 of Public Law 98-181 (97 Stat. 1270) added the subsec.
    designation ``(a)'' and a new subsec. (b).
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        (b)(1) Neither the President nor any person or agency shall
    on behalf of the United States vote to allocate Special Drawing
    Rights under article XVIII, sections 2 and 3, of the Articles
    of Agreement of the Fund without consultations by the Secretary
    of the Treasury at least 90 days prior to any such vote, with
    the Chairman and ranking minority members of the Committee on
    Foreign Relations and the Committee on Banking, Housing, and
    Urban Affairs of the Senate and the Committee on Banking,
    Finance and Urban Affairs \8\ of the House of Representatives,
    and the appropriate subcommittees thereof.
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        \8\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
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        (2) Such consultations shall include an explanation of the
    consistency of such proposal to allocate with the requirements
    of the Articles of Agreement of the Fund, in particular the
    requirement that in all its decisions with respect to
    allocation of Special Drawing Rights, the Fund shall ``seek to
    meet the long-term global need, as and when it arises, to
    supplement existing reserve assets in such manner as will
    promote the attainment of its purposes and will avoid economic
    stagnation and deflation as well as excess demand and inflation
    in the world''.
        Sec. 7.\9\ The provisions of article XXI(b) \3\ of the
    Articles of Agreement of the Fund shall have full force and
    effect in the United States and its territories and possessions
    when the United States becomes a participant in the special
    drawing account.
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        \9\ 22 U.S.C. 286r.
       l. Convention on the Settlement of Investment Disputes Act of 1966

      Public Law 89-532 [S. 3498], 80 Stat. 344, approved August 11, 1966

    AN ACT To facilitate the carrying out of the obligations of the United
     States under the Convention of the Settlement of Investment Disputes
      Between States and Nationals of Other States, signed on August 27,
                         1965, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Convention on the Settlement of
    Investment Disputes Act of 1966''.
        Sec. 2.\1\ The President may make such appointments of
    representatives and panel members as may be provided for under
    the convention.
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        \1\ 22 U.S.C. 1650.
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        Sec. 3.\2\ (a) An award of an arbitral tribunal rendered
    pursuant to chapter IV of the convention shall create a right
    arising under a treaty of the United States. The pecuniary
    obligations imposed by such an award shall be enforced and
    shall be given the same full faith and credit as if the award
    were a final judgment of a court of general jurisdiction of one
    of the several States. The Federal Arbitration Act (9 U.S.C. 1
    et seq.) shall not apply to enforcement of awards rendered
    pursuant to the convention.
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        \2\ 22 U.S.C. 1650a.
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        (b) The district courts of the United States (including the
    courts enumerated in title 28, United States Code, section 460)
    shall have exclusive jurisdiction over actions and proceedings
    under paragraph (a) of this section, regardless of the amount
    in controversy.
     m. National Advisory Council on International Monetary and Financial
                                    Policies

    Executive Order 11269,\1\ February 14, 1966, 31 F.R. 2813, 3 CFR, 1966-
     70 Comp., p. 534; as amended by Executive Order 11334, March 7, 1967,
      32 F.R. 3933, 3 CFR, 1966-70 Comp., p. 627; Executive Order 11808,
      September 30, 1974, 39 F.R. 35563; Executive Order 11977, March 14,
    1977, 42 F.R. 14671; Executive Order 12164, September 29, 1979, 44 F.R.
     56681; Executive Order 12188, January 2, 1980, 45 F.R. 989; Executive
      Order 12403, February 8, 1983, 48 F.R. 6087; Executive Order 12567,
    October 2, 1986, 51 F.R. 35495; Executive Order 12647, August 2, 1988,
    53 F.R. 29323; Executive Order 12766, June 18, 1991, 56 F.R. 28463; and
              Executive Order 13188, March 31, 1999, 64 F.R. 16595

        By virtue of the authority vested in me by Reorganization
    Plan No. 4 of 1965 (30 F.R. 9353), and as President of the
    United States, it is ordered as follows:
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 286b note.
    ---------------------------------------------------------------------------
        Section 1. Establishment of Council. (a) There is hereby
    established the National Advisory Council on International
    Monetary and Financial Policies, hereinafter referred to as the
    council.
        (b) The Council shall be composed of the following members:
    the Secretary of the Treasury, who shall be the Chairman of the
    Council, the Assistant to the President for Economic Affairs,
    who shall be Deputy Chairman of the Council,\2\ the Secretary
    of State, the United States Trade Representative,\3\ the
    Secretary of Commerce, the Chairman of the Board of Governors
    of the Federal Reserve System, the Administrator of the United
    States Agency for International Development,\4\ and the
    President of the Export-Import Bank of the United States.\5\
    ---------------------------------------------------------------------------
        \2\ Sec. 6(c) of Executive Order 11808 (Sept. 30, 1974; 39 F.R.
    35563) added the Assistant to the President for Economic Affairs.
        \3\ Sec. 1-105(a) of Executive Order 12188 added The United States
    Trade Representative.
        \4\ Executive Order 13118 (Mar. 31, 1999; 64 F.R. 16595) struck out
    ``Director of the International Development Cooperation Agency''
    (previously added by Executive Order 12164) and inserted
    ``Administrator of the United States Agency for International
    Development''.
        \5\ Public Law 90-276 (82 Stat. 47) renamed ``Export-Import Bank of
    Washington'' to ``Export-Import Bank of the United States''.
    ---------------------------------------------------------------------------
        (c) Whenever matters within the jurisdiction of the Council
    may be of interest to Federal agencies not represented on the
    Council under Section 1(b) of this order, the Chairman of the
    Council may consult with such agencies and may invite them to
    designate representatives to participate in meetings and
    deliberations of the Council.
        Sec. 2. Functions of the Council. (a) Exclusive of the
    functions delegated by the provisions of Section 3, below, and
    subject to the limitations contained in subsection (b) of this
    Section, all of the functions which are now vested in the
    President in consequence of their transfer to him effected by
    the provisions of Section 1(b) of Reorganization Plan No. 4 of
    1965 are hereby delegated to the Council.
        (b) The functions under Sections 4(a) and 4(b)(3) of the
    Bretton Woods Agreements Act, including those made applicable
    to the International Finance Corporation, the Inter-American
    Development Bank, and the International Development Association
    (22 U.S.C. 286b (a) and (b)(3); 282b; 283b; 284b), to the
    extent that such functions consist of coordination of policies,
    are hereby delegated to the Council. The functions so delegated
    shall be deemed to include the authority to review proposed
    individual loan, financial, exchange, or monetary transactions
    to the extent necessary or desirable to effectuate the
    coordination of policies.
        (c) \6\ The Council shall perform with respect to the Asian
    Development Bank, African Development Fund, African Development
    Bank, Inter-American Investment Corporation, Multilateral
    Investment Guarantee Agency, and European Bank for
    Reconstruction and Development \7\ the same functions as those
    delegated to it by subsections (a) and (b) of this section with
    respect to other international financial institutions.
    ---------------------------------------------------------------------------
        \6\ Executive Order 11334 (March 7, 1967; 32 F.R. 3933) added secs.
    2(c) and 3(d).
        \7\ Executive Order 11977 (March 14, 1977; 42 F.R. 14671) added the
    African Development Fund. Sec. 2 of Executive Order 12403 (February 8,
    1983; 48 F.R. 6087) added the African Development Bank. Sec. 5 of
    Executive Order 12567 (October 2, 1986; 51 F.R. 35495) added the Inter-
    American Investment Corporation. Sec. 2 of Executive Order 12647
    (August 2, 1988; 53 F.R. 29323) added the Multilateral Investment
    Guarantee Agency. Sec. 2 of Executive Order 12766 (June 18, 1991; 56
    F.R. 28463) added the European Bank for Reconstruction and Development.
    ---------------------------------------------------------------------------
        Sec. 3. Functions of the Secretary of the Treasury. (a)
    Functions which are now vested in the President in consequence
    of their transfer to him effected by the provisions of Section
    1(b) of Reorganization Plan No. 4 of 1965 are hereby delegated
    to the Secretary of the Treasury to the extent of the
    following:
              (1) Authority, subject to the provisions of Section 7
            of this Order,\8\ to instruct representatives of the
            United States to international financial organizations.
    ---------------------------------------------------------------------------
        \8\ Executive Order 12164 inserted the reference to sec. 7.
    ---------------------------------------------------------------------------
              (2) Authority provided for in Section 4(b)(4) of the
            Bretton Woods Agreements Act (22 U.S.C. 286b(b)(4)).
            Such authority, insofar as it relates to the
            development aspects of the policies, programs, or
            projects of the International Bank for Reconstruction
            and Development shall be exercised subject to the
            provisions of Section 7 of this Order.\9\
    ---------------------------------------------------------------------------
        \9\ Executive Order 12164 inserted this sentence.
    ---------------------------------------------------------------------------
        (b) In carrying out the functions delegated to him by
    subsection (a) of this Section the Secretary shall consult with
    the Council.
        (c) Nothing in this order shall be deemed to derogate from
    the responsibilities of the Secretary of State with respect to
    the foreign policy of the United States.
        (d) \6\ The Secretary of the Treasury shall perform, with
    respect to the Asian Development Bank, African Development
    Fund, African Development Bank, Inter-American Investment
    Corporation, Multilateral Investment Guarantee Agency, and
    European Bank for Reconstruction and Development \7\ the same
    functions as those delegated to him by subsections (a) and (b)
    of this section with respect to other international financial
    institutions.
        (e) \10\ The Secretary of the Treasury is hereby delegated
    the functions conferred upon the President by Section 203(b)
    and Section 207 of the Act of May 31, 1976 (90 Stat. 593 and
    594, 22 U.S.C. 290g-1 and 290g-5), subject to the provisions of
    Section 7 of this Order.\8\
    ---------------------------------------------------------------------------
        \10\ Sec. 4 of Executive Order 11977 (March 14, 1977; 42 F.R.
    14671) added subsec. (e).
    ---------------------------------------------------------------------------
        Sec. 4. Information. (a) All agencies and officers of the
    Government, including representatives of the United States to
    the international financial organizations, (1) shall keep the
    Council or the Secretary of the Treasury, as the case may be,
    fully informed concerning the foreign loan, financial,
    exchange, and monetary transactions in which they engage or may
    engage or with respect to which they have other responsibility,
    and (2) shall provide the Council, the Secretary of State,\11\
    and the Secretary with such further information or data in
    their possession as the Council or the Secretary, as the case
    may be, may deem necessary to the appropriate discharge of the
    responsibilities of the Council, the Secretary of State,\11\
    and Secretary under Sections 2 and 3 of this order,
    respectively.
    ---------------------------------------------------------------------------
        \11\ Executive Order 13118 (March 31, 1999; 64 F.R. 16595) struck
    out ``Director of the International Development Cooperation Agency''
    (added by Executive Order 12164) in both places it appeared in sec.
    4(a), and inserted in lieu thereof ``Secretary of State''.
    ---------------------------------------------------------------------------
        (b) The Council shall from time to time transmit to all
    appropriate agencies and officers of the Government statements
    of the policies of the Council under this order and such other
    information relating to the above-mentioned transactions or to
    the functions of the Council hereunder as the Council shall
    deem desirable.
        Sec. 5. Executive Order No. 10033. Section 2(a) of
    Executive Order No. 10033 of February 8, 1949, is hereby
    amended by substituting for the name ``National Advisory
    Council on International Monetary and Financial Problems'' the
    following: ``National Advisory Council on International
    Monetary and Financial Policies.''
        Sec. 6. Effective date. The provisions of this order shall
    be effective as of January 1, 1966.
        Sec. 7.\12\ Functions of the Secretary of State. The
    Secretary of State \13\ shall advise both the Secretary of the
    Treasury and the appropriate United States representatives to
    the International Bank for Reconstruction and Development, the
    International Development Association, the International
    Finance Corporation, the Inter-American Development Bank, the
    Asian Development Bank, African Development Fund, the African
    Development Bank, Inter-American Investment Corporation,
    Multilateral Investment Guarantee Agency, and European Bank for
    Reconstruction and Development \14\ on the development aspects
    of matters relating to those institutions and their activities.
    ---------------------------------------------------------------------------
        \12\ Executive Order 12164, (September 29, 1979; 44 F.R. 56681)
    added sec. 7.
        \13\ Executive Order 13118 (March 31, 1999; 64 F.R. 16595) struck
    out ``Functions of the Director of the International Development
    Cooperation Agency. As the principal international development advisor
    to the President,The Director of the International Development
    Cooperation Agency'' (previously added by Executive Order 12164) and
    inserted in lieu thereof ``Functions of the Secretary of State. The
    Secretary of State''.
        \14\ Sec. 2 of Executive Order 12403 (February 8, 1983; 48 F.R.
    6087), added the African Development Bank. Sec. 5 of Executive Order
    12567 (October 2, 1986; 51 F.R. 35495) added the Inter-American
    Investment Corporation. Sec. 2 of Executive Order 12647 (August 2,
    1988; 53 F.R. 29323) added the Multilateral Investment Guarantee
    Agency. Sec. 2 of Executive Order 12766 (June 18, 1991; 56 F.R. 28463)
    added the European Bank for Reconstruction and Development.
    ---------------------------------------------------------------------------
    =======================================================================

               J. FOREIGN ECONOMIC POLICY: TARIFF AND TRADE LAWS

                                    CONTENTS

                                                                       Page

     1. Trade Legislation and Related Documents......................   256
        a.  General Trade Laws.......................................   256
             (1) Trade Act of 1974, as amended (Public Law 93-618)
                (partial text).......................................   256
             (2) Tariff Act of 1930, as amended (Public Law 71-361)
                (partial text).......................................   418
             (3) Miscellaneous Trade and Technical Corrections Act of
                2004 (Public Law 108-429) (partial text).............   611
             (4) Trade Act of 2002 (Public Law 107-210) (partial
                text)................................................   616
             (5) Trade and Development Act of 2000 (Public Law 106-
                200) (partial text)..................................   650
             (6) Trade Deficit Review Commission Act (Public Law 105-
                277) (partial text)..................................   659
             (7) Steel Imports Into the United States (Public Law
                105-277) (partial text)..............................   665
             (8) Tariffs, Trade Barriers, and the Internet (Public
                Law 105-277) (partial text)..........................   667
             (9) Clarification of Normal Trade Relations (Public Law
                105-206) (partial text)..............................   668
            (10) World Trade Organization Transparency (Public Law
                105-174) (partial text)..............................   670
            (11) Uruguay Round Agreements Act (Public Law 103-465)
                (partial text).......................................   671
            (12) Jobs Through Exports Act of 1992 (Public Law 102-
                549) (partial text)..................................   677
            (13) Omnibus Trade and Competitiveness Act of 1988
                (Public Law 100-418) (partial text)..................   685
            (14) Federal Triangle Development Act (Public Law 100-113
                (partial text).......................................   779
            (15) Customs and Miscellaneous Amendments (Title II of
                Public Law 98-573) (partial text)....................   786
            (16) International Trade and Investment Act (Title III of
                Public Law 98-573) (partial text)....................   791
            (17) Trade Law Reform (Title VI of Public Law 98-573)
                (partial text).......................................   796
            (18) Steel Import Stabilization Act (Title VIII of Public
                Law 98-573)..........................................   798
            (19) Wine Equity and Export Expansion Act of 1984 (Title
                IX of Public Law 98-573).............................   805
            (20) Export Trading Company Act of 1982 (Public Law 97-
                290).................................................   809
            (21) Trade Agreements Act of 1979 (Public Law 96-39)
                (partial text).......................................   820
            (22) Trade Expansion Act of 1962, as amended (Public Law
                87-794)..............................................   866
            (23) Designated Beneficiary Developing Countries for
                Purposes of the Generalized System of Preferences,
                the Caribbean Basin Economic Recovery Act, and the
                Andean Trade Preference Act (Harmonized Tariff
                Schedule) (partial text).............................   879
            (24) International Trade Functions in Reorganization Plan
                No. 3 of 1979........................................   893
            (25) Administration of the Trade Agreements Program
                (Executive Order 11846)..............................   898
            (26) International Trade Functions (Executive Order
                12188)...............................................   903
            (27) Implementing the Omnibus Trade and Competitiveness
                Act of 1988 and Related International Trade Matters
                (Executive Order 12661)..............................   908
            (28) Identification of Trade Expansion Priorities
                (Executive Order 12901)..............................   912
            (29) Trade and Environment Policy Advisory Committee
                (Executive Order 12905)..............................   914
            (30) Identification of Trade Expansion Priorities and
                Discriminatory Procurement Practices (Executive Order
                13116)...............................................   916
            (31) Prohibition of Acquisition of Products Produced by
                Forced or Indentured Child Labor (Executive Order
                13126)...............................................   920
            (32) Environmental Review of Trade Agreements (Executive
                Order 13141).........................................   923
            (33) Access to HIV/AIDS Pharmaceuticals and Medical
                Technologies (Executive Order 13155).................   925
            (34) Federal Leadership on Global Tobacco Control and
                Prvention (Executive Order 13193)....................   928
        b.  U.S. Trade With Canada, Latin America, and the Caribbean.   930
             (1) Dominican Republic-Central America-United States
                Free Trade Agreement Implementation Act (Public Law
                109-53) (partial text)...............................   930
             (2) United States-Chile Free Trade Agreement
                Implementation Act (Public Law 108-77) (partial text)   937
             (3) Andean Trade Promotion and Drug Eradication Act
                (Public Law 107-210) (partial text)..................   941
             (4) U.S.-Caribbean Basin Trade Partnership Act (Public
                Law 106-200) (partial text)..........................   944
             (5) North American Free Trade Agreement Implementation
                Act (Public Law 103-182) (partial text)..............   947
             (6) Andean Trade Preference Act (Title II of Public Law
                102-182).............................................   960
             (7) Caribbean Basin Economic Recovery Expansion Act of
                1990 (Title II of Public Law 101-382)................   981
             (8) United States-Canada Free Trade Agreement
                Implementation Act of 1988 (Public Law 100-449)
                (partial text).......................................   987
             (9) Caribbean Basin Economic Recovery Act (Public Law
                98-67) (partial text)................................  1023
            (10) Tariff Treatment of Cuban Products (Public Law 87-
                456) (partial text)..................................  1055
            (11) Implementing the United States-Canada Free-Trade
                Agreement Implementation Act (Executive Order 12662).  1056
            (12) Implementation of the North American Free Trade
                Agreement (Executive Order 12889)....................  1057
            (13) Federal Implementation of the North American
                Agreement on Environmental Cooperation (Executive
                Order 12915).........................................  1061
            (14) Implementation of the Border Environment Cooperation
                Commission and the North American Development Bank
                (Executive Order 12916)..............................  1065
            (15) Interagency Task Force on the Economic Development
                of the Southwest Border (Executive Order 13122)......  1068
            (16) Implementation of Article VIII of the Agreement
                Establishing the World Trade Organization (Executive
                Order 13042).........................................  1070
            (17) Implementation of the African Growth and Opportunity
                Act and the United States-Caribbean Basin Trade
                Partnership Act (Executive Order 13191)..............  1072
        c.  Implementation of Agreement With the European Community
            on Government Procurement (Executive Order 12849)........  1075
        d.  U.S. Trade With Africa...................................  1078
             (1) African Growth and Opportunity Act (Public Law 106-
                200) (partial text)..................................  1078
             (2) AGOA Acceleration Act of 2004 (Public Law 108-274)
                (partial text).......................................  1097
             (3) Implementation of the African Growth and Opportunity
                Act and the United States-Caribbean Basin Trade
                Partnership Act (Executive Order 13191)..............  1105
        e.  U.S. Trade With the Middle East and North Africa.........  1107
             (1) United States-Bahrain Free Trade Agreement
                Implementation Act (Public Law 109-169 (partial text)  1107
             (2) United States-Morocco Free Trade Agreement
                Implementation Act (Public Law 108-302) (partial
                text)................................................  1111
             (3) United States-Jordan Free Trade Area Implementation
                Act (Public Law 107-43) (partial text)...............  1115
             (4) United States-Israel Free Trade Area Implementation
                Act of 1985 (Public Law 99-47) (partial text)........  1121
             (5) Report on Free Trade Agreement with Israel (Public
                Law 107-210) (partial text)..........................  1127
             (6) Trade with Israel (Public Law 98-573) (partial text)  1128
             (7) Exemption of Israeli Products From Certain User Fees
                (Public Law 101-382) (partial text)..................  1132
        f.  U.S. Trade With Asia and Pacific.........................  1133
             (1) United States-Australia Free Trade Agreement
                Implementation Act (Public Law 108-286) (partial
                text)................................................  1133
             (2) United States-Singapore Free Trade Agreement
                Implementation Act (Public Law 108-78) (partial text)  1137
             (3) United States-China Relations Act of 2000 (Public
                Law 106-286) (partial text)..........................  1142
             (4) United States-Hong Kong Policy Act of 1992 (Public
                Law 102-383).........................................  1160
             (5) Commission on United States-Pacific Trade and
                Investment Policy (Executive Order 12964)............  1169
        g.  Normal Trade Relations (Most-Favored-Nation) Extensions,
            Suspensions, Terminations................................  1170
             (1) Armenia (Public Law 108-429) (partial text).........  1170
             (2) Laos (Public Law 108-429) (partial text)............  1171
             (3) Vietnam (Public Law 107-52).........................  1173
             (4) Georgia (Public Law 106-476) (partial text).........  1174
             (5) China (Public Law 106-286) (partial text)...........  1176
             (6) Albania, Kyrgyzstan (Public Law 106-200) (partial
                text)................................................  1178
             (7) Mongolia (Public Law 106-36) (partial text).........  1181
             (8) Cambodia (Public Law 104-203).......................  1183
             (9) Romania (Public Law 104-171)........................  1185
            (10) Bulgaria--Extension of MFN and Pending Termination
                of Title IV Application (Public Law 104-162).........  1187
            (11) Conditions for Renewal of Most-Favored-Nation Status
                for the People's Republic of China in 1994 (Executive
                Order 12850).........................................  1188
            (12) Withdrawal of Most Favored Nation Status From Serbia
                and Montenegro (Public Law 102-420)..................  1191
            (13) Albania (Public Law 102-363)........................  1192
            (14) Union of Soviet Socialist Republics (Public Law 102-
                197).................................................  1193
            (15) Czech and Slovakia, Hungary, Estonia, Latvia, and
                Lithuania (Public Law 102-182) (partial text)........  1194
            (16) Mongolia (Public Law 102-157).......................  1198
            (17) East Germany (Public Law 101-382) (partial text)....  1199
        h.  Trade Act of 1974--Waivers...............................  1201
             (1) Waiver Under the Trade Act of 1974 With Respect to
                Belarus (Executive Order 13220)......................  1201
             (2) Waiver Under the Trade Act of 1974 With Respect to
                Tajikistan and Turkmenistan (Executive Order 12811)..  1202
             (3) Waiver Under the Trade Act of 1974 With Respect to
                Albania, Azerbaijan, Georgia, Kazakhstan, Moldova,
                Ukraine, and Uzbekistan (Executive Order 12809)......  1203
             (4) Waiver Under the Trade Act of 1974 With Respect to
                the Republic of Byelarus, the Republic of Kyrgyzstan,
                and the Russian Federation (Executive Order 12802)...  1204
             (5) Waiver Under the Trade Act of 1974 With Respect to
                Armenia (Executive Order 12798)......................  1205
             (6) Waiver Under the Trade Act of 1974 With Respect to
                Romania (Executive Order 12772)......................  1206
             (7) Waiver Under the Trade Act of 1974 With Respect to
                Mongolia (Executive Order 12746).....................  1207
             (8) Waiver Under the Trade Act of 1974 With Respect to
                Bulgaria (Executive Order 12745).....................  1208
             (9) Waiver Under the Trade Act of 1974 With Respect to
                the Soviet Union (Executive Order 12740).............  1209
            (10) Waiver Under the Trade Act of 1974 With Respect to
                the German Democratic Republic (Executive Order
                12726)...............................................  1210
            (11) Waiver Under the Trade Act of 1974 With Respect to
                Czechoslovakia (Executive Order 12702)...............  1211
            (12) Waiver Under the Trade Act of 1974 With Respect to
                the People's Republic of China (Executive Order
                12167)...............................................  1212
            (13) Waiver Under the Trade Act of 1974 With Respect to
                the Hungarian People's Republic (Executive Order
                12051)...............................................  1213
            (14) Waiver Under the Trade Act of 1974 With Respect to
                the Socialist Republic of Romania (Executive Order
                11854)...............................................  1214
     2. Export-Import Bank...........................................  1215
        a.  Export-Import Bank Act of 1945, as amended (Public Law
            79-173)..................................................  1215
        b.  Export-Import Bank Reauthorization Act of 2002 (Public
            Law 107-189) (partial text)..............................  1265
        c.  Export Expansion/Export Enhancement......................  1269
             (1) Export Enhancement Act of 1999 (Public Law 106-158)
                (partial text).......................................  1269
             (2) Fair Trade in Automotive Parts Act of 1998 (Title
                XXXVIII of Public Law 105-261).......................  1271
             (3) Export Enhancement Act of 1992 (Public Law 102-429)
                (partial text).......................................  1274
             (4) Export Enhancement Act of 1988 (Title II of Public
                Law 100-418).........................................  1280
        d.  Expansion of Business Capital Assistance Programs (Public
            Law 101-510) (partial text)..............................  1312
        e.  Export-Import Bank and Tied Aid Credit Amendments (Title
            III of Public Law 100-418) (partial text)................  1315
        f.  Export-Import Bank Act Amendments of 1986 (Public Law 99-
            472) (partial text)......................................  1317
        g.  Trade and Development Enhancement Act of 1983 (Title VI
            of Public Law 98-181) (partial text).....................  1319
        h.  Export-Import Bank Act Amendments of 1978 (Public Law 95-
            630) (partial text)......................................  1325
        i.  Export-Import Bank (Executive Order 12166)...............  1328
        j.  Trade Promotion Coordinating Committee (Executive Order
            12870)...................................................  1329
     3. Export Expansion.............................................  1332
        a.  Improving the U.S. Balance of Payments (Public Law 90-
            390).....................................................  1332
        b.  Establishing the Export Expansion Advisory Committee
            (Executive Order 11420)..................................  1334
     4. Export Administration........................................  1336
        a.  Export Administration Act of 1979 (Public Law 96-72).....  1336
        b.  China Satellite Provision (Public Law 109-108) (partial
            text)....................................................  1425
        c.  Export Controls on High Performance Computers (Public Law
            105-85) (partial text)...................................  1426
        d.  Export Administration Amendments Act of 1985 (Public Law
            99-64) (partial text)....................................  1431
        e.  Offsets in Military-Related Exports: Annual Report (50
            U.S.C. 2099).............................................  1435
        f.  Declaration and Report on Offset Policy (Public Law 102-
            558) (partial text)......................................  1437
        g.  Export Administration Amendments Act of 1981 (Public Law
            97-145) (partial text)...................................  1439
        h.  Continuation of Export Control Regulations (Executive
            Order 13222).............................................  1440
        i.  Administration of Export Controls on Encryption Products
            (Executive Order 13026)..................................  1442
        j.  Administration of Export Controls (Executive Order 12981)  1444
        k.  Administration of the Export Administration Act of 1979
            (Executive Order 12214)..................................  1451
        l.  The President's Export Council (Executive Order 12131)...  1452
        m.  Administration of the Export Administration Act of 1969,
            as amended (Executive Order 12002).......................  1455
     5. International Economic Sanctions.............................  1458
        a.  Trading With the Enemy Act, as amended (Public Law 65-91)
            (partial text)...........................................  1458
        b.  International Emergency Economic Powers Act, as amended
            (Public Law 95-223) (partial text).......................  1466
        c.  National Emergencies Act, as amended (Public Law 94-412).  1473
        d.  Denial of Foreign Tax Credit, etc., with Respect to
            Certain Foreign Countries (Public Law 83-736) (partial
            text)....................................................  1478
        e.  Trade Sanctions Reform and Export Enhancement Act of 2000
            (Public Law 106-387) (partial text)......................  1481
        f.  Prohibitions on Economic Relations with Narcotics
            Traffickers..............................................  1489
             (1) Foreign Narcotics Kingpin Designation Act (Public
                Law 106-120) (partial text)..........................  1489
             (2) Blocking Assets and Prohibiting Transactions With
                Significant Narcotics Traffickers (Executive Order
                12978)...............................................  1500
        g.  Prohibitions on Economic Relations With Terrorists.......  1503
             (1) Clarification of Certain Executive Orders Blocking
                Property and Prohibiting Certain Transactions
                (Executive Order 13372)..............................  1503
             (2) Blocking Property and Prohibiting Transactions With
                Persons Who Commit, Threaten To Commit, or Support
                Terrorism (Executive Order 13224)....................  1504
             (3) Prohibiting Transactions With Terrorists Who
                Threaten To Disrupt the Middle East Peace Process
                (Executive Order 12947)..............................  1509
        h.  Blocking Property of Weapons of Mass Destruction
            Proliferators and Their Supports (Executive Order 13382).  1512
        i.  Economic Relations With Cuba.............................  1515
             (1) Cuban Liberty and Democratic Solidarity (LIBERTAD)
                Act of 1996 (Public Law 104-114).....................  1515
             (2) Declaration of a National Emergency and Invocation
                of Emergency Authority Relating to the Regulation of
                the Anchorage and Movement of Vessels (Presidential
                Proclamation 6867)...................................  1554
             (3) Cuban Democracy Act of 1992 (Public Law 102-484)
                (partial text).......................................  1556
             (4) Implementation of the Cuban Democracy Act (Executive
                Order 12854).........................................  1565
        j.  Economic Relations With Iraq.............................  1566
             (1) Iraq Sanctions Act of 1990 (Public Law 101-513)
                (partial text).......................................  1566
             (2) Prohibition on Supercomputer Licensing With End-User
                Designated as Iraq (Public Law 101-515) (partial
                text)................................................  1576
             (3) Economic Sanctions Against the Republic of Iraq
                (Public Law 101-510) (partial text)..................  1577
             (4) Confiscating and Vesting Certain Iraqi Property
                (Executive Order 13290)..............................  1578
             (5) Protecting the Development Fund for Iraq and Certain
                Other Property in Which Iraq Has an Interest
                (Executive Order 13303)..............................  1580
             (6) Blocking Property of the Former Iraqi Regime, Its
                Senior Officials and Their Family Members, and Taking
                Certain Other Actions (Executive Order 13315)........  1583
             (7) Termination of Emergency Declared in Executive Order
                12722 With Respect to Iraq and Modification of
                Executive Order 13290, Executive Order 13303, and
                Executive Order 13315 (Executive Order 13350)........  1586
             (8) Modifying the Protection Granted to the Development
                Fund for Iraq and Certain Property in Which Iraq Has
                an Interest and Protecting the Central Bank of Iraq
                (Executive Order 13364)..............................  1589
        k.  Economic Relations With Iran.............................  1591
             (1) Iran and Libya Sanctions Act of 1996 (Public Law
                104-172).............................................  1591
             (2) Blocking Iranian Government Property (Executive
                Order 12170).........................................  1603
             (3) Prohibiting Imports From Iran (Executive Order
                12613)...............................................  1605
             (4) Prohibiting Certain Transactions With Respect to the
                Development of Iranian Petroleum Resources (Executive
                Order 12957).........................................  1606
             (5) Prohibiting Certain Transactions With Respect to
                Iran (Executive Order 12959).........................  1608
             (6) Prohibiting Certain Transactions With Respect to
                Iran--Consolidation (Executive Order 13059)..........  1611
        l.  Economic Relations With Syria............................  1615
             (1) Syria Accountability and Lebanese Sovereignty
                Restoration Act of 2003 (Public Law 108-175).........  1615
             (2) Blocking Property of Certain Persons and Prohibiting
                the Export of Certain Goods to Syria (Executive Order
                13338)...............................................  1623
        m.  South African Democratic Transition Support Act of 1993
            (Public Law 103-149).....................................  1628
        n.  Prohibiting Trade and Certain Other Transactions
            Involving Libya..........................................  1635
        o.  Policy Toward United States Business Transactions in
            Angola (Public Law 99-472) (partial text)................  1636
        p.  Authority to Deny Most-Favored-Nation Treatment to the
            Products of Afghanistan (Public Law 99-190) (partial
            text)....................................................  1638
        q.  Prohibiting Certain Transactions With and Investment In
            Burma....................................................  1640
             (1) Burmese Freedom and Democracy Act of 2003 (Public
                Law 108-61)..........................................  1640
             (2) Policy Toward Burma--Sanctions (Public Law 104-208)
                (partial text).......................................  1647
             (3) Economic Sanctions Against Products of Burma (Public
                Law 101-382) (partial text)..........................  1650
             (4) Blocking Property of the Government of Burma and
                Prohibiting Certain Transactions (Executive Order
                13310)...............................................  1652
        r.  Prohibiting Certain Transactions With [Former] Yugoslavia  1656
             (1) Compliance With United Nations Sanctions Against
                Iraq, Serbia, and Montenegro (Public Law 104-208)
                (partial text).......................................  1656
             (2) Sanctions Against Serbia (Public Law 106-113)
                (partial text).......................................  1657
             (3) Blocking Property of Persons Who Threaten
                International Stabilization Efforts in the Western
                Balkans (Executive Order 13219)......................  1660
        s.  Prohibiting Certain Transactions With Respect to Rwanda
            and Delegating Authority With Respect to Other United
            Nations Arms Embargoes (Executive Order 12918)...........  1664
        t.  Prohibiting Certain Transactions With Sudan..............  1666
             (1) Importation of Gum Arabic from Sudan (Public Law
                106-476) (partial text)..............................  1666
             (2) Blocking Sudanese Government Property and
                Prohibiting Transactions with Sudan (Executive Order
                13067)...............................................  1668
        u.  Blocking Property of the Government of the Russian
            Federation Relating to the Disposition of Highly Enriched
            Uranium Extracted from Nuclear Weapons (Executive Order
            13159)...................................................  1671
        v.  Prohibiting the Importation of Rough Diamonds from Sierra
            Leone (Executive Order 13194)............................  1674
             (1) Clean Diamond Trade Act (Public Law 108-19).........  1674
             (2) Implementing the Clean Diamond Trade Act (Executive
                Order 13312).........................................  1681
        w.  Blocking Property of Certain Persons and Prohibiting the
            Importation of Certain Goods from Liberia (Executive
            Order 13348).............................................  1684
        x.  Blocking Property of Persons Undermining Democratic
            Processes or Institutions in Zimbabwe (Executive Order
            13288)...................................................  1687
     6. Johnson Act--Financial Transactions With Foreign Governments
        (Public Law 80-772) (partial text)...........................  1690
     7. Foreign Investment in the United States......................  1691
        a.  Foreign Investment Study Act of 1974 (Public Law 93-479).  1691
        b.  International Investment and Trade in Services Survey Act
            (Public Law 94-472)......................................  1696
        c.  Foreign Direct Investment and International Financial
            Data Improvements Act of 1990 (Public Law 101-533).......  1706
        d.  International Investment and Trade in Services (Executive
            Order 11961).............................................  1713
        e.  Committee on Foreign Investment in the United States
            (Executive Order 11858)..................................  1714
     8. Collection and Publication of Foreign Commerce and Trade
        Statistics (Public Law 87-826) (partial text)................  1717
     9. Materials and Commodities....................................  1724
        a.  Opposition of Use of Multilateral Assistance To Produce
            or Extract Foreign Surplus Commodities and Minerals for
            Export (Public Law 99-472) (partial text)................  1724
        b.  National Critical Materials Act of 1984 (Title II of
            Public Law 98-373).......................................  1726
        c.  International Coffee Agreement Act of 1980 (Public Law
            96-599)..................................................  1734
        d.  International Natural Rubber Agreement Appropriation
            Authorization (Public Law 96-271)........................  1737
        e.  International Sugar Agreement, 1977, Implementation
            (Public Law 96-236)......................................  1738
        f.  Strategic and Critical Materials Transaction
            Authorization Act of 1979 (Public Law 96-175)............  1740
    10. Foreign Corrupt Practices....................................  1741
        a.  Foreign Corrupt Practices Act of 1977 (Public Law 95-213)
            (partial text)...........................................  1741
        b.  Foreign Corrupt Practices Act Amendments of 1988 (Title V
            of Public Law 100-418) (partial text)....................  1752
        c.  International Anti-Bribery and Fair Competition Act of
            1998 (Public Law 105-366) (partial text).................  1754

    =======================================================================

                   1. Trade Legislation and Related Documents

                             a. General Trade Laws

                       (1) Trade Act of 1974, as amended

    Partial text of Public Law 93-618 [H.R. 10710], 88 Stat. 1978, approved
        January 3, 1975; as amended by Public Law 94-455 [Tax Reform Act of
        1976; H.R. 10612], 90 Stat. 1520 at 1763, approved October 4, 1976;
        Public Law 96-39 [Trade Agreements Act of 1979; H.R. 4537], 93
        Stat. 144, approved July 26, 1979; Public Law 96-417 [Customs
        Courts Act of 1980; S. 1654], 94 Stat. 1727 at 1746, approved
        October 10, 1980; Public Law 97-35 [Omnibus Budget Reconciliation
        Act of 1981; H.R. 3982], 95 Stat. 357 at 881-893, approved August
        13, 1981; Public Law 97-164 [Federal Courts Improvement Act of
        1982; H.R. 4482], 96 Stat. 49, approved April 2, 1982; Public Law
        97-456 [H.R. 6094], 96 Stat. 2503, approved January 12, 1983;
        Public Law 98-120 [H.R. 3813], 97 Stat. 809, approved October 12,
        1983; Public Law 98-369 [Deficit Reduction Act of 1984; H.R. 4170],
        98 Stat. 494 at 1172, approved July 18, 1984; Public Law 98-573
        [Trade and Tariff Act of 1984; H.R. 3398], 98 Stat. 2948, approved
        October 30, 1984; Public Law 99-47 [United States-Israel Free Trade
        Area Implementation Act of 1985; H.R. 2268], 99 Stat. 85, approved
        June 11, 1985; Public Law 99-107 [Emergency Extension Act of 1985;
        H.R. 3452], 99 Stat. 479, approved September 30, 1985; Public Law
        99-155 [H.R. 3721], 99 Stat. 814, approved November 14, 1985;
        Public Law 99-189 [H.R. 3981], 99 Stat. 1184, approved December 18,
        1985; Public Law 99-272 [Comprehensive Omnibus Budget
        Reconciliation Act of 1986; H.R. 3128], 100 Stat. 82, approved
        April 7, 1986; Public Law 99-514 [Tax Reform Act of 1986; H.R.
        3838], 100 Stat. 2085 at 2923, approved October 26, 1986; Public
        Law 99-570 [Anti-Drug Abuse Act of 1986; H.R. 5484], 100 Stat.
        3207, approved October 27, 1986; Public Law 100-203 [Omnibus Budget
        Reconciliation Act of 1987; H.R. 3545], 101 Stat. 1330-382,
        approved December 22, 1987; Public Law 100-204 [Foreign Relations
        Authorization Act, Fiscal Year 1988 and 1989; H.R. 1777], 101 Stat.
        1331, approved December 22, 1987; Public Law 100-418 [Omnibus Trade
        and Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107,
        approved August 23, 1988; Public Law 100-647 [Technical and
        Miscellaneous Revenue Act of 1988; H.R. 4333], 102 Stat. 3342,
        approved November 10, 1988; Public Law 100-690 [Anti-Drug Abuse Act
        of 1988; H.R. 5210], 102 Stat. 4181, approved November 18, 1988;
        Public Law 101-179 [Support for East European Democracy (SEED) Act
        of 1989; H.R. 3402], 103 Stat. 1298, approved November 28, 1989;
        Public Law 101-207 [S. 1164], 103 Stat. 1833, approved December 7,
        1989; Public Law 101-231 [International Narcotics Control Act of
        1989; H.R. 3611], 103 Stat. 1954, approved December 13, 1989;
        Public Law 101-382 [Customs and Trade Act of 1990; H.R. 1594], 104
        Stat. 629, approved August 20, 1990; Public Law 102-145 [Further
        Continuing Appropriations, Fiscal Year 1992; H.J.Res. 360, as
        amended by Public Law 102-266], 105 Stat. 968 at 106 Stat. 95,
        approved October 28, 1991; Public Law 102-583 [International
        Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved
        November 2, 1992; Public Law 103-66 [Omnibus Budget Reconciliation
        Act of 1993; H.R. 2264], 107 Stat. 312, approved August 10, 1993;
        Public Law 103-149 [South African Democratic Transition Support Act
        of 1993; H.R. 3225], 107 Stat. 1503, approved November 23, 1993;
        Public Law 103-182 [North American Free Trade Agreement
        Implementation Act; H.R. 3450], 107 Stat. 2057, approved December
        8, 1993; Public Law 103-465 [Uruguay Round Agreements Act; H.R.
        5110], 108 Stat. 4809, approved December 8, 1994; Public Law 104-65
        [Lobbying Disclosure Act of 1995; S. 1060], 109 Stat. 691, approved
        December 19, 1995; Public Law 104-188 [Small Business Job
        Protection Act of 1996; H.R. 3448], 110 Stat. 1755, approved August
        20, 1996; by Public Law 104-295 [Miscellaneous Trade and Technical
        Corrections Act of 1996; H.R. 3815], 110 Stat. 3514, approved
        October 11, 1996; Public Law 105-206 [Internal Revenue Service
        Restructuring and Reform Act of 1998; H.R. 2676] 112 Stat. 685,
        approved July 22, 1998; Public Law 105-220 [Workforce Investment
        Act of 1998; H.R. 1385] 112 Stat. 936, approved August 7, 1998;
        Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental
        Appropriations Act, 1999; H.R. 4328] 112 Stat. 2681, approved
        October 21, 1998; Public Law 106-36 [Miscellaneous Trade and
        Technical Corrections Act of 1999; H.R. 435] 113 Stat 127, approved
        June 25, 1999; Public Law 106-113 [Consolidated Appropriations Act,
        2000; H.R. 3194] 113 Stat. 1501, approved November 29, 1999; Public
        Law 106-200 [Trade and Development Act of 2000; H.R. 434] 114 Stat.
        251, approved May 18, 2000; Public Law 106-286 [H.R. 4444], 114
        Stat. 880, approved October 10, 2000; Public Law 107-43 [United
        States-Jordan Free Trade Area Implementation Act; H.R. 2603], 115
        Stat. 243, approved September 28, 2001; Public Law 107-210 [Trade
        Act of 2002; H.R. 3009], 116 Stat. 933, approved August 6, 2002;
        Public Law 108-77 [United States-Chile Free Trade Agreement
        Implementation Act; H.R. 2738], 117 Stat. 909, approved September
        3, 2003; Public Law 108-78 [United States-Singapore Free Trade
        Agreement Implementation Act; H.R. 2739], 117 Stat. 948, approved
        September 3, 2003; Public Law 108-274 [AGOA Acceleration Act of
        2004; H.R. 4103], 118 Stat. 820, approved July 13, 2004; Public Law
        108-286 [United States-Australia Free Trade Agreement
        Implementation Act; H.R. 4759], 118 Stat. 919, approved August 3,
        2004; Public Law 108-302 [United States-Morocco Free Trade
        Agreement Implementation Act; H.R. 4842], 118 Stat. 1103, approved
        August 17, 2004; Public Law 108-429 [Miscellaneous Trade and
        Technical Corrections Act of 2004; H.R. 1047], 118 Stat. 2434,
        approved December 3, 2004; Public Law 109-53 [Dominican Republic-
        Central America-United States Free Trade Agreement Implementation
        Act; H.R. 3045], 119 Stat. 462, approved August 2, 2005; and Public
        Law 109-169 [United States-Bahrain Free Trade Agreement
        Implementation Act; H.R. 4340], 119 Stat. 3581, approved January
        11, 2006

     AN ACT To promote the development of an open, nondiscriminatory, and
      fair world economic system, to stimulate fair and free competition
     between the United States and foreign nations, to foster the economic
      growth of, and full employment in, 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, That this
    Act, with the following table of contents, may be cited as the
    ``Trade Act of 1974''.\1\
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2101.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ STATEMENT OF PURPOSES.

        The purposes of this Act are, through trade agreements
    affording mutual benefits--
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 2102.
    ---------------------------------------------------------------------------
              (1) to foster the economic growth of and full
            employment in the United States and to strengthen
            economic relations between the United States and
            foreign countries through open and nondiscriminatory
            world trade;
              (2) to harmonize, reduce, and eliminate barriers to
            trade on a basis which assures substantially equivalent
            competitive opportunities for the commerce of the
            United States;
              (3) to establish fairness and equity in international
            trading relations, including reform of the General
            Agreement on Tariffs and Trade;
              (4) to provide adequate procedures to safeguard
            American industry and labor against unfair or injurious
            import competition, and to assist industries, firms,
            workers, and communities to adjust to changes in
            international trade flows;
              (5) to open up market opportunities for United States
            commerce in nonmarket economies; and
              (6) to provide fair and reasonable access to products
            of less developed countries in the United States
            market.

                    TITLE I--NEGOTIATING AND OTHER AUTHORITY

               Chapter 1--Rates of Duty and Other Trade Barriers

    SEC. 101.\3\ BASIC AUTHORITY FOR TRADE AGREEMENTS.

        (a) Whenever the President determines that any 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 that the purposes of
    this Act will be promoted thereby, the President--
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 2111. Sec. 224 of the Trade Agreements Act of 1979
    (Public Law 96-39; 93 Stat. 235) provided that for purposes of this
    section, ``the rates of duty appearing in rate column numbered 1 of the
    amendments, if any, made under this subtitle shall be considered to be
    the rates of duty existing or in effect on January 1, 1975.''. Sec.
    502(c) of the same Act (93 Stat. 251) further provided that for
    purposes of this section, ``the rates of duty in the rate column
    numbered 1 or 2 as the result of the amendments, if any, made under
    sections 505, 506, 509, 510, 511, and 514 shall be considered to be the
    rates of duty existing or in effect on January 1, 1975.''.
    ---------------------------------------------------------------------------
              (1) during the 5-year period beginning on the date of
            the enactment of this Act, may enter into trade
            agreements with foreign countries or instrumentalities
            thereof; and
              (2) may proclaim such modification or continuance of
            any existing duty, such continuance of existing duty-
            free or excise treatment, or such additional duties, as
            he determines to be required or appropriate to carry
            out any such trade agreement.
        (b)(1) \4\ Except as provided in paragraph (2), no
    proclamation pursuant to subsection (a)(2) shall be made
    decreasing a rate of duty to a rate below 40 percent of the
    rate existing on January 1, 1975.
    ---------------------------------------------------------------------------
        \4\ However, sec. 507 of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 258) stated that notwithstanding this provision,
    the President may proclaim under sec. 101 ``a reduction to 5 cents per
    bushel of 56 pounds in the rate of duty applicable to yellow dent corn
    under the rate column numbered 1 of the Tariff Schedules of the United
    States, currently classified under item 130.35.''.
    ---------------------------------------------------------------------------
        (2) Paragraph (1) shall not apply in the case of any
    article for which the rate of duty existing on January 1, 1975,
    is not more than 5 percent ad valorem.
        (c) No proclamation shall be made pursuant to subsection
    (a)(2) increasing any rate of duty to, or imposing a rate
    above, the higher of the following:
              (1) the rate which is 50 percent above the rate set
            forth in rate column numbered 2 of the Tariff Schedules
            of the United States as in effect on January 1, 1975,
            or
              (2) the rate which is 20 percent ad valorem above the
            rate existing on January 1, 1975.

    SEC. 102.\5\ BARRIERS TO AND OTHER DISTORTIONS OF TRADE.\6\

        (a) The Congress finds that barriers to (and other
    distortions of) international trade are reducing the growth of
    foreign markets for the products of United States agriculture,
    industry, mining, and commerce, diminishing the intended mutual
    benefits of reciprocal trade concessions, adversely affecting
    the United States economy, preventing fair and equitable access
    to supplies, and preventing the development of open and
    nondiscriminatory trade among nations. The President is urged
    to take all appropriate and feasible steps within his power
    (including the full exercise of the rights of the United States
    under international agreements) to harmonize, reduce, or
    eliminate such barriers to (and other distortions of)
    international trade. The President is further urged to utilize
    the authority granted by subsection (b) to negotiate trade
    agreements with other countries and instrumentalities providing
    on a basis of mutuality for the harmonization, reduction, or
    elimination of such barriers to (and other distortions of)
    international trade. Nothing in this subsection shall be
    construed as prior approval of any legislation which may be
    necessary to implement an agreement concerning barriers to (or
    other distortions of) international trade.
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 2112. Sec. 1105(a) of the Omnibus Trade and
    Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1132) stated
    that any proclamation or Executive order issued pursuant to a trade
    agreement entered into under sec. 1102 [of Public Law 100-418] shall be
    treated as a proclamation or Executive order issued pursuant to a trade
    agreement entered into under sec. 102 of this Act.
        \6\ Sec. 401(c)(1) of Public Law 98-573 (98 Stat. 3015) struck out
    ``nontariff'' which had been the first word of the section title.
    ---------------------------------------------------------------------------
        (b)(1) \7\ Whenever the President determines that any
    barriers to (or other distortions of) international trade of
    any foreign country or the United States unduly burden and
    restrict the foreign trade of the United States or adversely
    affect the United States economy, or that the imposition of
    such barriers is likely to result in such a burden,
    restriction, or effect, and that the purposes of this Act will
    be promoted thereby, the President, during the 13-year period
    \8\ beginning on the date of the enactment of this Act, may
    enter into trade agreements with foreign countries or
    instrumentalities providing for the harmonization, reduction or
    elimination of such barriers (or other distortions) or
    providing for the prohibition of or limitations on the
    imposition of such barriers (or other distortions).
    ---------------------------------------------------------------------------
        \7\ Sec. 401(a) of Public Law 98-573 (98 Stat. 3013) inserted the
    para. designation ``(1)'' and added new paras. (2) through (4). See
    also the freestanding sections of title IV of Public Law 98-573
    regarding trade agreements entered into with Israel under para. (1).
        \8\ This time period was extended from a duration of 5 years to 13
    years by sec. 1101 of Trade Agreements Act of 1979 (Public Law 96-39;
    93 Stat. 307), until January 3, 1988.
    ---------------------------------------------------------------------------
        (2) \7\ (A) Trade agreements that provide for the
    elimination or reduction of any duty imposed by the United
    States may be entered into under paragraph (1) only with
    Israel.
        (B) The negotiation of any trade agreement entered into
    under paragraph (1) with Israel that provides for the
    elimination or reduction of any duty imposed by the United
    States shall take fully into account any product that benefits
    from a discriminatory preferential tariff arrangement between
    Israel and a third country if the tariff preference on such
    product had been the subject of a challenge by the United
    States Government under the authority of section 301 of the
    Trade Act of 1974 and the General Agreement on Tariffs and
    Trade.
        (C) Notwithstanding any other provision of this section,
    the requirements of subsections (c) and (e)(1) shall not apply
    to any trade agreement entered into under paragraph (1) with
    Israel that provides for the elimination or reduction of any
    duty imposed by the United States.
        (3) \7\ Notwithstanding any other provision of law, no
    trade benefit shall be extended to any country by reason of the
    extension of any trade benefit to another country under a trade
    agreement entered into under paragraph (1) with such other
    country \9\ that provides for the elimination or reduction of
    any duty imposed by the United States.
    ---------------------------------------------------------------------------
        \9\ Sec. 8(b)(1) of the United States-Israel Free Trade Area
    Implementation Act of 1985 (Public Law 99-47; 99 Stat. 85) added the
    text beginning at this point to the end of the sentence.
    ---------------------------------------------------------------------------
        (4) \7\ (A) Notwithstanding paragraph (2), a trade
    agreement that provides for the elimination or reduction of any
    duty imposed by the United States may be entered into under
    paragraph (1) with any country other than Israel if--
              (i) such country requested the negotiation of such an
            agreement, and
              (ii) the President, at least 60 days prior to the
            date notice is provided under subsection (e)(1)--
                      (I) provides written notice of such
                    negotiations to the Committee on Finance of the
                    Senate and the Committee on Ways and Means of
                    the House of Representatives, and
                      (II) consults with such committees regarding
                    the negotiation of such agreement.
        (B) The provisions of section 151 shall not apply to an
    implementing bill (within the meaning of section 151(b) if--
              (i) such implementing bill contains a provision
            approving of any trade agreement which--
                      (I) is entered into under this section with
                    any country other than Israel, and
                      (II) provides for the elimination of
                    reduction of any duty imposed by the United
                    States, and
              (ii) either--
                      (I) the requirements of subparagraph (A) were
                    not met with respect to the negotiation of such
                    agreement, or
                      (II) the Committee on Finance of the Senate
                    or the Committee on Ways and Means of the House
                    of Representatives disapproved of the
                    negotiation of such agreement before the close
                    of the 60-day period which begins on the date
                    notice is provided under subparagraph \10\
                    (A)(ii)(I) with respect to the negotiation of
                    such agreement.
    ---------------------------------------------------------------------------
        \10\ Sec. 1887(a) of Public Law 99-514 (100 Stat. 2923) struck out
    ``subsection'' and inserted in lieu thereof ``subparagraph''.
    ---------------------------------------------------------------------------
        (C) The 60-day period described in subparagraphs (A)(ii)
    and (B)(ii)(II) shall be computed without regard to--
              (i) the days on which either House of Congress is not
            in session because of an adjournment of more than 3
            days to a day certain or an adjournment of the Congress
            sine die, and
              (ii) any Saturday and Sunday, not excluded under
            clause (i), which either House of Congress is not in
            session.
        (c) Before the President enters into any trade agreement
    under this section providing for the harmonization, reduction,
    or elimination of a barrier to (or other distortion of)
    international trade, he shall consult with the Committee on
    Ways and Means of the House of Representatives, the Committee
    on Finance of the Senate, and with each committee of the House
    and the Senate and each joint committee of the Congress which
    has jurisdiction over legislation involving subject matters
    which would be affected by such trade agreement. Such
    consultation shall include all matters relating to the
    implementation of such trade agreement as provided in
    subsections (d) and (e). If it is proposed to implement such
    trade agreement, together with one or more other trade
    agreements entered into under this section, in a single
    implementing bill, such consultation shall include the
    desirability and feasibility of such proposed implementation.
        (d) Whenever the President enters into a trade agreement
    under this section providing for the harmonization, reduction,
    or elimination of a barrier to (or other distortion of)
    international trade, he shall submit such agreement, together
    with a draft of an implementing bill (described in section
    151(b)) and a statement of any administrative action proposed
    to implement such agreement, to the Congress as provided in
    subsection (e), and such agreement shall enter into force with
    respect to the United States only if the provisions of
    subsection (e) are complied with and the implementing bill
    submitted by the President is enacted into law.
        (e) Each trade agreement submitted to the Congress under
    this subsection shall enter into force with respect to the
    United States if (and only if)--
              (1) The President, not less than 90 days before the
            day on which he enters into such trade agreement,
            notifies the House of Representatives and the Senate of
            his intention to enter into such an agreement, and
            promptly thereafter publishes notice of such intention
            in the Federal Register:
              (2) after entering into the agreement, the President
            transmits a document to the House of Representatives
            and to the Senate containing a copy of the final legal
            text of such agreement \11\ together with--
    ---------------------------------------------------------------------------
        \11\ Sec. 1106(c)(1) of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 311) struck out ``copy of such agreement'' and
    inserted in lieu thereof ``copy of the final legal text of such
    agreement''.
    ---------------------------------------------------------------------------
                      (A) a draft of an implementing bill and a
                    statement of any administrative action proposed
                    to implement such agreement, and an explanation
                    as to how the implementing bill and proposed
                    administrative action change or affect existing
                    law, and
                      (B) a statement of his reasons as to how the
                    agreement serves the interest of United States
                    commerce and as to why the implementing bill
                    and proposed administrative action is required
                    or appropriate to carry out the agreement; and
              (3) the implementing bill is enacted into law.
        (f) To insure that a foreign country or instrumentality
    which receives benefits under a trade agreement entered into
    under this section is subject to the obligations imposed by
    such agreement, the President may recommend to Congress in the
    implementing bill and statement of administrative action
    submitted with respect to such agreement that the benefits and
    obligations of such agreement apply solely to the parties to
    such agreement, if such application is consistent with the
    terms of such agreement. The President may also recommend with
    respect to any such agreement that the benefits and obligations
    of such agreement not apply uniformly to all parties to such
    agreement, if such application is consistent with the terms of
    such agreement.
        (g) For purposes of this section--
              (1) \12\ the term ``barrier'' includes--
    ---------------------------------------------------------------------------
        \12\ Sec. 401(b) of Public Law 98-573 (98 Stat. 3015) amended and
    restated para. (1). Previously, the definition of barrier included only
    the text found in subpara. (A).
    ---------------------------------------------------------------------------
                      (A) the American selling price basis of
                    customs evaluation as defined in section 402 or
                    402a of the Tariff Act of 1930, as appropriate,
                    and
                      (B) any duty or other import restriction;
              (2) the term ``distortion'' includes a subsidy; and
              (3) \13\ the term ``international trade'' includes--
    ---------------------------------------------------------------------------
        \13\ Sec. 307(a) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3012) amended and restated
    para. (3). Previously, the term ``international trade'' had been
    defined as including only goods and services.
    ---------------------------------------------------------------------------
                      (A) trade in both goods and services, and
                      (B) foreign direct investment by United
                    States persons, especially if such investment
                    has implications for trade in goods and
                    services.

    SEC. 103.\14\ OVERALL NEGOTIATING OBJECTIVE.

        The overall United States negotiating objective under
    sections 101 and 102 shall be to obtain more open and equitable
    market access and the harmonization, reduction, or elimination
    of devices which distort trade or commerce. To the maximum
    extent feasible, the harmonization, reduction, or elimination
    of agricultural trade barriers and distortions shall be
    undertaken in conjunction with the harmonization, reduction, or
    elimination of industrial trade barriers and distortions.
    ---------------------------------------------------------------------------
        \14\ 19 U.S.C. 2113.
    ---------------------------------------------------------------------------

    SEC. 104.\15\ SECTOR NEGOTIATING OBJECTIVE.

        (a) A principal United States negotiating objective under
    sections 101 and 102 shall be to obtain, to the maximum extent
    feasible, with respect to appropriate product sectors of
    manufacturing, and with respect to the agricultural sector,
    competitive opportunities for United States exports to the
    developed countries of the world equivalent to the competitive
    opportunities afforded in United States markets to the
    importation of like or similar products, taking into account
    all barriers (including tariffs) to and other distortions of
    international trade affecting that sector.
    ---------------------------------------------------------------------------
        \15\ 19 U.S.C. 2114.
    ---------------------------------------------------------------------------
        (b) As a means of achieving the negotiating objective set
    forth in subsection (a), to the extent consistent with the
    objective of maximizing overall economic benefit to the United
    States (through maintaining and enlarging foreign markets for
    products of United States agriculture, industry, mining, and
    commerce, through the development of fair and equitable market
    opportunities, and through open and discriminatory world
    trade), negotiations shall, to the extent feasible, be
    conducted on the basis of appropriate product sectors of
    manufacturing.
        (c) For the purposes of this section and section 135, the
    United States Trade Representative \16\ together with the
    Secretary of Commerce, Agriculture, or Labor, as appropriate,
    shall, after consultation with the Advisory Committee for Trade
    Negotiations established under section 135 and after
    consultation with interested private or non-Federal
    governmental \17\ organizations, identify appropriate product
    sectors of manufacturing.
    ---------------------------------------------------------------------------
        \16\ Sec. 1(b)(1) of Reorganization Plan No. 3 of 1979 redesignated
    this position, formerly entitled the Special Representative for Trade
    Negotiations, as the United States Trade Representative.
        \17\ Sec. 306(c)(2)(C)(i) of the International Trade and Investment
    Act (title III of Public Law 98-573; 98 Stat. 3012) added the words
    ``or non-Federal governmental''.
    ---------------------------------------------------------------------------
        (d) If the President determines that competitive
    opportunities in one or more product sectors will be
    significantly affected by a trade agreement concluded under
    sections 101 or 102, he shall submit to the Congress with each
    such agreement an analysis of the extent to which the
    negotiating objective set forth in subsection (a) is achieved
    by such agreement in each product sector or product sectors.

    SEC. 104A.\18\ NEGOTIATING OBJECTIVES WITH RESPECT TO TRADE IN
                        SERVICES, FOREIGN DIRECT INVESTMENT, AND HIGH
                        TECHNOLOGY PRODUCTS.

        (a) Trade in Services.--
    ---------------------------------------------------------------------------
        \18\ 19 U.S.C. 2114a. Sec. 305(a) of the International Trade and
    Investment Act (title III of Public Law 98-573; 98 Stat. 3006) added
    sec. 104A. Sec. 308(a) of such Act further states that the President
    may enter into bilateral or multilateral agreements as may be necessary
    to achieve the objectives of sec. 104A(c).
    ---------------------------------------------------------------------------
              (1) In general--Principal United States negotiating
            objectives under section 102 shall be--
                      (A) to reduce or to eliminate barriers to, or
                    other distortions of, international trade in
                    services (particularly United States service
                    sector trade in foreign markets), including
                    barriers that deny national treatment and
                    restrictions on the establishment and operation
                    in such markets; and
                      (B) to develop internationally agreed rules,
                    including dispute settlement procedures,
                    which--
                              (i) are consistent with the
                            commercial policies of the United
                            States, and
                              (ii) will reduce or eliminate such
                            barriers or distortions and help ensure
                            open international trade in services.
              (2) Domestic objectives.--In pursuing the objectives
            described in paragraph (1), United States negotiations
            shall take into account legitimate United States
            domestic objectives including, but not limited to, the
            protection of legitimate health or safety, essential
            security, environmental, consumer or employment
            opportunity interests and the laws and regulations
            related thereto.
        (b) Foreign Direct Investment.--
              (1) In general--Principal United States negotiating
            objectives under section 102 shall be--
                      (A) to reduce or to eliminate artificial or
                    trade-distorting barriers to foreign direct
                    investment, to expand the principle of national
                    treatment, and to reduce unreasonable barriers
                    to establishment; and
                      (B) to develop internationally agreed rules,
                    including dispute settlement procedures,
                    which--
                              (i) will help ensure a free flow of
                            foreign direct investment, and
                              (ii) will reduce or eliminate the
                            trade distortive effects of certain
                            investment related measures.
              (2) Domestic objectives.--In pursuing the objectives
            described in paragraph (1), United States negotiators
            shall take into account legitimate United States
            domestic objectives including, but not limited to, the
            protection of legitimate health or safety, essential
            security, environmental, consumer or employment
            opportunity interests and the laws and regulations
            related thereto.
        (c) High Technology Products.--Principal United States
    negotiating objectives shall be--
              (1) to obtain and preserve the maximum openness with
            respect to international trade and investment in high
            technology products and related services;
              (2) to obtain the elimination or reduction of, or
            compensation for, the significantly distorting effects
            of foreign government acts, policies, or practices
            identified in section 181, with particular
            consideration given to the nature and extent of foreign
            government intervention affecting United States exports
            of high technology products or investments in high
            technology industries, including--
                      (A) foreign industrial policies which distort
                    international trade or investment;
                      (B) measures which deny national treatment or
                    otherwise discriminate in favor of domestic
                    high technology industries;
                      (C) measures which fail to provide adequate
                    and effective means for foreign nationals to
                    secure, exercise, and enforce exclusive rights
                    in intellectual property (including trademarks,
                    patents, and copyrights);
                      (D) measures which impair access to domestic
                    markets for key commodity products; and
                      (E) measures which facilitate or encourage
                    anticompetitive market practices or structures;
              (3) to obtain commitments that official policy of
            foreign countries or instrumentalities will not
            discourage government or private procurement of foreign
            high technology products and related services;
              (4) to obtain the reduction or elimination of all
            tariffs on, and other barriers to, United States
            exports of high technology products and related
            services;
              (5) to obtain commitments to foster national
            treatment;
              (6) to obtain commitments to--
                      (A) foster the pursuit of joint scientific
                    cooperation between companies, institutions or
                    governmental entities of the United States and
                    those of the trading partners of the United
                    States in areas of mutual interest through such
                    measures as financial participation and
                    technical and personnel exchanges, and
                      (B) ensure that access by all participants to
                    the results of any such cooperative efforts
                    should not be impaired; and
              (7) to provide effective minimum safeguards for the
            acquisition and enforcement of intellectual property
            rights and the property value of proprietary data.
        (d) Definition of Barriers and Other Distortions.--For
    purposes of subsection (a), the term barriers to, or other
    distortions of, international trade in services' includes, but
    is not limited to--
              (1) barriers to establishment in foreign markets, and
              (2) restrictions on the operation of enterprises in
            foreign markets, including--
                      (A) direct or indirect restrictions on the
                    transfer of information into, or out of, the
                    country or instrumentality concerned, and
                      (B) restrictions on the use of data
                    processing facilities within or outside of such
                    country or instrumentality.

    SEC. 105.\19\ BILATERAL TRADE AGREEMENTS.

        If the President determines that bilateral trade agreements
    will more effectively promote the economic growth of, and full
    employment in, the United States, then, in such cases, a
    negotiating objective under sections 101 and 102 shall be to
    enter into bilateral trade agreements. Each such trade
    agreement shall provide for mutually advantageous economic
    benefits.
    ---------------------------------------------------------------------------
        \19\ 19 U.S.C. 2115.
    ---------------------------------------------------------------------------

    SEC. 106.\20\ AGREEMENTS WITH DEVELOPING COUNTRIES.

        A United States negotiating objective under sections 101
    and 102 shall be to enter into trade agreements which promote
    the economic growth of both developing countries and the United
    States and the mutual expansion of market opportunities.
    ---------------------------------------------------------------------------
        \20\ 19 U.S.C. 2116.
    ---------------------------------------------------------------------------

    SEC. 107.\21\ INTERNATIONAL SAFEGUARD PROCEDURES.

        (a) A principal United States negotiating objective under
    section 102 shall be to obtain internationally agreed upon
    rules and procedures, in the context of the harmonization,
    reduction, or elimination of barriers to, and other distortions
    of, international trade, which permit the use of temporary
    measures to ease adjustment to changes occurring in competitive
    conditions in the domestic markets of the parties to an
    agreement resulting from such negotiations due to the expansion
    of international trade.
    ---------------------------------------------------------------------------
        \21\ 19 U.S.C. 2117.
    ---------------------------------------------------------------------------
        (b) Any agreement entered into under section 102 may
    include provisions establishing procedures for--
              (1) notification of affected exporting countries,
              (2) international consultations,
              (3) international review of changes in trade flows,
              (4) making adjustments in trade flows as the result
            of such changes, and
              (5) international mediation.
        Such agreements may also include provisions which--
                      (A) exclude, under specified conditions, the
                    parties thereto from compensation obligations
                    and retaliation, and
                      (B) permit domestic public procedures through
                    which interested parties have the right to
                    participate.

    SEC. 108.\22\ ACCESS SUPPLIES.

        (a) A principal United States negotiating objective under
    section 102 shall be to enter into trade agreements with
    foreign countries and instrumentalities to assure the United
    States of fair and equitable access at reasonable prices to
    supplies of articles of commerce which are important to the
    economic requirements of the United States and for which the
    United States does not have, or cannot easily develop, the
    necessary domestic productive capacity to supply its own
    requirements.
    ---------------------------------------------------------------------------
        \22\ 19 U.S.C. 2118.
    ---------------------------------------------------------------------------
        (b) Any agreement entered into under section 102 may
    include provisions which--
              (1) assure to the United States the continued
            availability of important articles at reasonable
            prices, and
              (2) provide reciprocal concessions or comparable
            trade obligations, or both, by the United States.

    SEC. 109.\23\ STAGING REQUIREMENTS AND ROUNDING AUTHORITY.

        (a) Except as otherwise provided in this section, the
    aggregate reduction in the rate of duty on any article which is
    in effect on any day pursuant to a trade agreement under
    section 101 shall not exceed the aggregate reduction which
    would have been in effect on such day if--
    ---------------------------------------------------------------------------
        \23\ 19 U.S.C. 2119.
    ---------------------------------------------------------------------------
              (1) A reduction of 3 percent ad valorem or a
            reduction of one tenth of the total reduction,
            whichever is greater, had taken effect on the effective
            date of the first reduction proclaimed pursuant to
            section 101(a)(2) to carry out such agreement with
            respect to such article, and
              (2) a reduction equal to the amount applicable under
            paragraph (1) had taken effect at 1-year intervals
            after the effective date of such first reduction.\24\
    ---------------------------------------------------------------------------
        \24\ Sec. 503 of the Trade Agreements Act of 1979 (Public Law 96-
    39; 93 Stat. 251) listed items for which the aggregate reduction in the
    rate of duty may exceed the limitation contained in sec. 109(a).
    ---------------------------------------------------------------------------
    This subsection shall not apply in any case where the total
    reduction in the rate of duty does not exceed 10 percent of the
    rate before the reduction.
        (b) If the President determines that such action will
    simplify the computation of the amount of duty imposed with
    respect to an article, he may exceed the limitation provided by
    section 101(b) or subsection (a) of this section by not more
    than whichever of the following is lesser:
              (1) the difference between the limitation and the
            next lower whole number, or
              (2) one-half of 1 percent ad valorem.
        (c)(1) No reduction in the rate of duty on any article
    pursuant to a trade agreement under section 101 shall take
    effect more than 10 years after the effective date of the first
    reduction proclaimed to carry out such trade agreement with
    respect to such article.
        (2) If any part of a reduction takes effect, then any time
    thereafter during which any \25\ part of the reduction is not
    in effect by reason of legislation of the United States or
    action thereunder, the effect of which is to maintain or
    increase the rate of duty on an article, shall be excluded in
    determining--
    ---------------------------------------------------------------------------
        \25\ Sec. 1106(c)(3) of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 312) inserted ``any'' in lieu thereof ``such''.
    ---------------------------------------------------------------------------
              (A) the 1-year intervals referred to in subsection
            (a)(2), and
              (B) the expiration of the 10-year period referred to
            in paragraph (1) of this subsection.

                           Chapter 2--Other Authority

    SEC. 121.\26\ STEPS TO BE TAKEN TOWARD GATT REVISION; AUTHORIZATION OF
                        APPROPRIATIONS FOR GATT.

        There are \27\ authorized to be appropriated annually such
    sums as may be necessary for the payments by the United States
    of its share of the expenses of the Contracting Parties to the
    General Agreement on Tariffs and Trade. This authorization does
    not imply approval or disapproval by the Congress of all
    articles of the General Agreement on Tariffs and Trade.
    ---------------------------------------------------------------------------
        \26\ 19 U.S.C. 2131. Sec. 1107(b)(2) of the Omnibus Trade and
    Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1135) struck
    out subsecs. (a), (b), and (c) of sec. 121 listing actions the
    President shall take to bring trade agreements into conformity with
    principles promoting the development of open, nondiscriminatory, and
    fair world economic systems.
        \27\ Sec. 9001(a) of the Technical and Miscellaneous Revenue Act of
    1988 (Public Law 100-647; 102 Stat. 3342) struck out ``(d) There are''
    and inserted in lieu thereof ``There are''.
    ---------------------------------------------------------------------------

    SEC. 122.\28\ BALANCE-OF-PAYMENTS AUTHORITY.

        (a) Whenever fundamental international payments problems
    require special import measures to restrict imports--
    ---------------------------------------------------------------------------
        \28\ 19 U.S.C. 2132.
    ---------------------------------------------------------------------------
              (1) to deal with large and serious United States
            balance-of-payments deficits,
              (2) to prevent an imminent and significant
            depreciation of the dollar in foreign exchange markets,
            or
              (3) to cooperate with other countries in correcting
            an international balance-of-payments disequilibrium,
            the President shall proclaim, for a period not
            exceeding 150 days (unless such period is extended by
            Act of Congress)--
                      (A) a temporary import surcharge, not to
                    exceed 15 percent ad valorem, in the form of
                    duties (in addition to those already imposed,
                    if any) on articles imported into the United
                    States;
                      (B) temporary limitations through the use of
                    quotas on the importation of articles into the
                    United States; or
                      (C) both a temporary import surcharge
                    described in subparagraph (A) and temporary
                    limitations described in subparagraph (B).
    The authority delegated under subparagraph (B) (and so much of
    subparagraph (C) as relates to subparagraph (B)) may be
    exercised (i) only if international trade or monetary
    agreements to which the United States is a party permit the
    imposition of quotas as a balance-of-payments measure, and (ii)
    only to the extent that the fundamental imbalance cannot be
    dealt with effectively by a surcharge proclaimed pursuant to
    subparagraph (A) or (C). Any temporary import surcharge
    proclaimed pursuant to subparagraph (A) or (C) shall be treated
    as a regular customs duty.
        (b) If the President determines that the imposition of
    import restrictions under subsection (a) will be contrary to
    the national interest of the United States, then he may refrain
    from proclaiming such restrictions and he shall--
              (1) immediately inform Congress of his determination,
            and
              (2) immediately convene the group of congressional
            official advisers designated under section 161(a) and
            consult with them as to the reasons for such
            determination.
        (c) Whenever the President determines that fundamental
    international payments problems require special import measures
    to increase imports--
              (1) to deal with large and persistent United States
            balance-of-trade surpluses, as determined on the basis
            of the cost-insurance-freight value of imports as
            reported by the Bureau of the Census, or
              (2) to prevent significant appreciation of the dollar
            in foreign exchange markets,
    the President is authorized to proclaim, for a period of 150
    days (unless such period is extended by Act of Congress)--
                      (A) a temporary reduction (of not more than 5
                    percent ad valorem) in the rate of duty on any
                    article; and
                      (B) a temporary increase in the value of
                    quantity of articles which may be imported
                    under any import restriction, or a temporary
                    suspension of any import restriction.
    Import liberalizing actions proclaimed pursuant to this
    subsection shall be of broad and uniform application with
    respect to product coverage except that the President shall not
    proclaim measures under this subsection with respect to those
    articles where in his judgment such action will cause or
    contribute to material injury to firms or workers in any
    domestic industry, including agriculture, mining, fishing, or
    commerce, or to impairment of the national security, or will
    otherwise be contrary to the national interest.
        (d)(1) Import restricting actions proclaimed pursuant to
    subsection (a) shall be applied consistently with the principle
    of nondiscriminatory treatment. In addition, any quota
    proclaimed pursuant to subparagraph (B) of subsection (a) shall
    be applied on a basis which aims at a distribution of trade
    with the United States approaching as closely as possible that
    which various foreign countries might have expected to obtain
    in the absence of such restrictions.
        (2) Notwithstanding paragraph (1), if the President
    determines that the purposes of this section will best be
    served by action against one or more countries having large or
    persistent balance-of-payments surpluses, he may exempt all
    other countries from such action.
        (3) After such time when there enters into force for the
    United States new rules regarding the application of surcharges
    as part of a reform of internationally agreed balance-of-
    payments adjustments procedures, the exemption authority
    contained in paragraph (2) shall be applied consistently with
    such new international rules.
        (4) It is the sense of Congress that the President seek
    modifications in international agreements aimed at allowing the
    use of surcharges in place of quantitative restrictions (and
    providing rules to govern the use of such surcharges) as a
    balance-of-payments adjustment measure within the context of
    arrangements for an equitable sharing of balance-of-payments
    adjustment responsibility among deficit and surplus countries.
        (e) Import restricting actions proclaimed pursuant to
    subsection (a) shall be of broad and uniform application with
    respect to product coverage except where the President
    determines, consistently with the purposes of this section,
    that certain articles should not be subject to import
    restricting actions because of the needs of the United States
    economy. Such exceptions shall be limited to the unavailability
    of domestic supply at reasonable prices, the necessary
    importation of raw materials, avoiding serious dislocations in
    the supply of imported goods, and other similar factors. In
    addition, uniform exceptions may be made where import
    restricting actions will be unnecessary or ineffective in
    carrying out the purposes of this action, such as with respect
    to articles already subject to import restrictions, goods in
    transit, or goods under binding contract. Neither the
    authorization of import restricting actions nor the
    determination of exceptions with respect to product coverage
    shall be made for the purpose of protecting individual domestic
    industries from import competition.
        (f) Any quantitative limitation proclaimed pursuant to
    subparagraph (B) or (C) of subsection (a) on the quantity or
    value, or both, of an article--
              (1) shall permit the importation of a quantity or
            value which is not less than the quantity or value of
            such article imported into the United States from the
            foreign countries to which such limitation applies
            during the most recent period which the President
            determines is representative of imports of such
            article, and
              (2) shall take into account any increase since the
            end of such representative period in domestic
            consumption of such article and like or similar
            articles of domestic manufacture or production.
        (g) The President may at any time, consistent with the
    provisions of this section, suspend, modify, or terminate, in
    whole or in part, any proclamation under this section either
    during the initial 150-day period of effectiveness or as
    extended by subsequent Act of Congress.
        (h) No provision of law authorizing the termination of
    tariff concessions shall be used to impose a surcharge on
    imports into the United States.

    SEC. 123.\29\ COMPENSATION AUTHORITY.

        (a) Whenever--
    ---------------------------------------------------------------------------
        \29\ 19 U.S.C. 2133.
    ---------------------------------------------------------------------------
              (1) any action taken under chapter 1 of title II or
            chapter 1 of title III, or under chapter 2 of title IV
            of the Trade Act of 1974; \30\ or
    ---------------------------------------------------------------------------
        \30\ Sec. 104 of Public Law 106-286 (114 Stat. 891) inserted ``, or
    under chapter 2 of title IV of the Trade Act of 1974''.
    ---------------------------------------------------------------------------
              (2) any judicial or administrative tariff
            reclassification that becomes final after the date of
            the enactment of the Omnibus Trade and Competitiveness
            Act of 1988;
    increases or imposes any duty or other import restriction, the
    President--
                      (A) may enter into trade agreements with
                    foreign countries or instrumentalities for the
                    purpose of granting new concessions as
                    compensation in order to maintain the general
                    level of reciprocal and mutually advantageous
                    concessions; and
                      (B) may proclaim such modification or
                    continuance of any existing duty, or such
                    continuance of existing duty-free or excise
                    treatment, as he determines to be required or
                    appropriate to carry out any such
                    agreement.\31\
    ---------------------------------------------------------------------------
        \31\ Sec. 1104 of Public Law 100-418 (102 Stat. 1132) amended and
    restated subsec. (a), which previously read as follows:
        ``(a) Whenever any action has been taken under section 203 to
    increase or impose any duty or other import restriction, the
    President--
    ---------------------------------------------------------------------------

      ``(1) may enter into trade agreements with foreign countries or
    instrumentalities for the purpose of granting new concessions as
    compensation in order to maintain the general level of reciprocal and
    mutually advantageous concessions; and

      ``(2) may proclaim such modification or continuance of any existing duty,
    or such continuance of existing duty-free or excise treatment, as he
    determines to be required or appropriate to carry out any such
    agreement.''.

        (b)(1) No proclamation shall be made pursuant to subsection
    (a) decreasing any rate of duty to a rate which is less than 70
    percent of the existing rate of duty.
        (2) Where the rate of duty in effect at any time is an
    intermediate stage under section 1102(a) of the Omnibus Trade
    and Competitiveness Act of 1988,\32\ the proclamation made
    pursuant to subsection (a) may provide for the reduction of
    each rate of duty at each such stage proclaimed under such
    section 1102(a) \32\ by not more than 30 percent of such rate
    of duty, and may provide for a final rate of duty which is not
    less than 70 percent of the rate of duty proclaimed as the
    final stage under such section 1102(a).\32\
    ---------------------------------------------------------------------------
        \32\ Sec. 1104(2) of Public Law 100-418 (102 Stat. 1132) struck out
    ``section 109'' and inserted in lieu thereof ``section 1102(a) of the
    Omnibus Trade and Competitiveness Act of 1988'', and struck out
    ``section 101'' and inserted in lieu thereof ``such section 1102(a)''.
    ---------------------------------------------------------------------------
        (3) If the President determines that such action will
    simplify the computation of the amount of duty imposed with
    respect to an article he may exceed the limitations provided by
    paragraphs (1) and (2) of this subsection by not more than the
    lesser of--
              (A) the difference between such limitation and the
            next lower whole number, or
              (B) one-half of 1 percent ad valorem.
        (4) Any concessions granted under subsection (a)(1) shall
    be reduced and terminated according to substantially the same
    time schedule for reduction applicable to the relevant action
    under sections 203(e) and 204.\33\
    ---------------------------------------------------------------------------
        \33\ Sec. 1401(b)(1)(A) of Public Law 100-418 (102 Stat. 1239),
    inserted ``action under sections 203(e) and 204'' in lieu thereof
    ``import relief under section 203(h)''.
    ---------------------------------------------------------------------------
        (c) Before entering into any trade agreement under this
    section with any foreign country or instrumentality, the
    President shall consider whether such country or
    instrumentality has violated trade concessions of benefit to
    the United States and such violation has not been adequately
    offset by the action of the United States or by such country or
    instrumentality.
        (d) Notwithstanding the provisions of subsection (a), the
    authority delegated under section 1102(a) of the Omnibus Trade
    and Competitiveness Act of 1988,\31\ shall be used for the
    purpose of granting new concessions as compensation within the
    meaning of this section until such authority terminates.
        (e) \34\ The provisions of this section shall apply by
    reason of action taken under chapter 1 of title III only if the
    President determines that action authorized under this section
    is necessary or appropriate to meet the international
    obligations of the United States.
    ---------------------------------------------------------------------------
        \34\ Sec. 1104 of Public Law 100-418 (102 Stat. 1132) added subsec.
    (e).
    ---------------------------------------------------------------------------

    SEC. 124.\35\ TWO-YEAR RESIDUAL AUTHORITY TO NEGOTIATE DUTIES.

        (a) Whenever the President determines that any 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 that the purposes of
    this Act will be promoted thereby, the President--
    ---------------------------------------------------------------------------
        \35\ 19 U.S.C. 2134.
    ---------------------------------------------------------------------------
              (1) may enter into trade agreements with foreign
            countries or instrumentalities thereof, and
              (2) may proclaim such modification or continuance of
            any existing duty, such continuance of existing duty-
            free or excise treatment, or such additional duties, as
            he determines to be required or appropriate to carry
            out any such trade agreement.
        (b) Agreements entered into under this section in any 1-
    year period shall not provide for the reduction of duties, or
    the continuance of duty-free or excise treatment, for articles
    which account for more than 2 percent of the value of the
    United States imports for the most recent 12-month period for
    which import statistics are available.
        (c)(1) No proclamation shall be made pursuant to subsection
    (a) decreasing any rate of duty to a rate which is less than 80
    percent of the existing rate of duty.
        (2) No proclamation shall be made pursuant to subsection
    (a) decreasing or increasing any rate of duty to a rate which
    is lower or higher than the corresponding rate which would have
    resulted if the maximum authority granted by section such
    section 1102(a) with respect to such article had been
    exercised.
        (3) Where the rate of duty in effect at any time is an
    intermediate stage under section 109, the proclamation made
    pursuant to subsection (a) may provide for the reduction of
    each rate of duty at each such stage proclaimed under section
    such section 1102(a) by not more than 20 percent of such rate
    of duty, and, subject to the limitation in paragraph (2), may
    provide for a final rate of duty which is not less than 80
    percent of the rate of duty proclaimed as the final stage under
    section such section 1102(a).
        (4) If the President determines that such action will
    simplify the computation of the amount of duty imposed with
    respect to an article, he may exceed the limitations provided
    by paragraphs (1) and (2) of this subsection by not more than
    the lesser of--
              (A) the difference between such limitation and the
            next lower whole number, or
              (B) one-half of 1 percent ad valorem.
        (d) Agreements may be entered into under this section only
    during the 2-year period which immediately follows the close of
    the period during which agreements may be entered into under
    section such section 1102(a).

    SEC. 125.\36\ TERMINATION AND WITHDRAWAL AUTHORITY.

        (a) Every trade agreement entered into under this Act shall
    be subject to termination in whole or in part, or withdrawal,
    upon due notice, at the end of a period specified in the
    agreement. Such period shall be not more than 3 years from the
    date on which the agreement becomes effective. If the agreement
    is not terminated or withdrawn from at the end of the period so
    specified, it shall be subject to termination or withdrawal
    thereafter upon not more than 6 months' notice.
    ---------------------------------------------------------------------------
        \36\ 19 U.S.C. 2135. Secs. 502(b), 601(b), and 855(b) of the Trade
    Agreements Act of 1979 (Public Law 96-39) stated that for purposes of
    sec. 125 of this Act, amendments made by specified sections of Public
    Law 96-39 shall be considered to be trade agreement obligations entered
    into under the Trade Act of 1974, of benefit to foreign countries or
    instrumentalities. Sec. 1105(a) of the Omnibus Trade and
    Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1132) stated
    that for purposes of applying secs. 125, 126(a), and 127 of this Act,
    any trade agreement entered into under sec. 1102 (of Public Law 100-
    418) shall be treated as an agreement entered into under secs. 101 or
    102, as appropriate, of the Trade Act of 1974 (19 U.S.C. 2111 or 2112).
    ---------------------------------------------------------------------------
        (b) The President may at any time terminate in whole or in
    part, any proclamation made under this Act.
        (c) \37\ Whenever the United States, acting in pursuance of
    any of its right or obligations under any trade agreement
    entered into pursuant to this Act, section 201 of the Trade
    Expansion Act of 1962 \38\ or section 350 of the Tariff Act of
    1930,\39\ withdraws, suspends, or modifies any obligation with
    respect to the trade of any foreign country or instrumentality
    thereof, the President is authorized to proclaim increased
    duties or other import restrictions, to the extent, at such
    times, and for such periods as he deems necessary or
    appropriate, in order to exercise the rights or fulfill the
    obligations of the United States. No proclamation shall be made
    under this subsection increasing any existing duty to a rate
    more than 50 percent above the rate set forth in rate column
    numbered 2 of the Tariff Schedules of the United States, as in
    effect on January 1, 1975, or 20 percent ad valorem above the
    rate existing on January 1, 1975, whichever is higher.
    ---------------------------------------------------------------------------
        \37\ Sec. 421 of Public Law 103-465 (109 Stat. 4964) provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 421. authority for certain actions under article xxviii.
    ---------------------------------------------------------------------------

        ``(a) In General.--In the application of section 125(c) of the
    Trade Act of 1974 (19 U.S.C. 2135) with respect to any item provided
    for in subheadings 2401.10.60, 2401.20.30, 2401.20.80, 2401.30.30,
    2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or 2403.99.00 of the
    HTS, `350' shall be substituted for `20' where it appears in such
    section.''.
        \38\ 19 U.S.C. 1821.
        \39\ 19 U.S.C. 1351.
    ---------------------------------------------------------------------------
        (d) Whenever any foreign country or instrumentality
    withdraws, suspends, or modifies the application of trade
    agreement obligations of benefit to the United States without
    granting adequate compensation therefor, the President, in
    pursuance of rights granted to the United States under any
    trade agreement and to the extent necessary to protect United
    States economic interests (including United States balance of
    payments), may--
              (1) withdraw, suspend, or modify the application of
            substantially equivalent trade agreement obligations of
            benefit to such foreign country or instrumentality, and
              (2) proclaim under subsection (c) such increased
            duties or other import restrictions as are appropriate
            to effect adequate compensation from such foreign
            country or instrumentality.
        (e) Duties or other import restrictions required or
    appropriate to carry out any trade agreement entered into
    pursuant to this Act, section 201 of the Trade Expansion Act of
    1962,\37\ or section 350 of the Tariff Act of 1930 \38\ shall
    not be affected by any termination, in whole or in part, of
    such agreement or by the withdrawal of the United States for
    such agreement and shall remain in effect after the date of
    such termination or withdrawal for 1 year, unless the President
    by proclamation provides that such rates shall be restored to
    the level at which they would be but for the agreement. Within
    60 days after the date of any such termination or withdrawal,
    the President shall transmit to the Congress his
    recommendations as to the appropriate rates of duty for all
    articles which were affected by the termination or withdrawal
    or would have been so affected but for the preceding sentence.
        (f) Before taking any action pursuant to subsection (b),
    (c), or (d), the President shall provide for a public hearing
    during the course of which interested persons shall be given a
    reasonable opportunity to be present, to produce evidence, and
    to be heard, unless he determines that such prior hearings will
    be contrary to the national interest because of the need for
    expeditious action, in which case he shall provide for a public
    hearing promptly after such action.

    SEC. 126.\40\ RECIPROCAL NONDISCRIMINATORY TREATMENT.

        (a) Except as otherwise provided in this Act or in any
    other provision of law, any duty or other import restriction or
    duty-free treatment proclaimed in carrying out any trade
    agreement under this title shall apply to products of all
    foreign countries, whether imported directly or indirectly.
    ---------------------------------------------------------------------------
        \40\ 19 U.S.C. 2136.
    ---------------------------------------------------------------------------
        (b) The President shall determine, after the conclusion of
    all negotiations entered into under this Act or at the end of
    the 5-year period beginning on the date of enactment of this
    Act, whichever is earlier, whether any major industrial country
    has failed to make concessions under trade agreements entered
    into under this Act which provide competitive opportunities for
    the commerce of the United States in such country substantially
    equivalent to the competitive opportunities, provided by
    concessions made by the United States under trade agreements
    entered into under this Act, for the commerce of such country
    in the United States.
        (c) \41\ For purposes of this section, ``major industrial
    country'' means Canada, the European Economic Community, the
    individual member countries of such Community, Japan, and any
    other foreign country designated by the President for purposes
    of this subsection.
    ---------------------------------------------------------------------------
        \41\ Public Law 105-362 (112 Stat. 3294) repealed subsec. (c) and
    redesignated subsec. (d) as subsec. (c). Subsec. (c) previously read as
    follows:
        ``(c) If the President determines under subsection (b) that a major
    industrial country has not made concessions under trade agreements
    entered into under this Act which provide substantially equivalent
    competitive opportunities for the commerce of the United States, he
    shall, either generally with respect to such country or by article
    produced by such country, in order to restore equivalence of
    competitive opportunities, recommend to the Congress--
    ---------------------------------------------------------------------------

      ``(1) legislation providing for the termination or denial of the benefits
    of concessions of trade agreements entered into under this Act made with
    respect to rates of duty or other import restrictions by the United States;
    and

      ``(2) that any legislation necessary to carry out any trade agreement
    under section 102 shall not apply to such country.''.

    SEC. 127.\42\ RESERVATION OF ARTICLES FOR NATIONAL SECURITY OR OTHER
                        REASONS.

        (a) No proclamation shall be made pursuant to the
    provisions of this Act reducing or eliminating the duty or
    other import restriction on any article if the President
    determines that such reduction or elimination would threaten or
    impair the national security.
    ---------------------------------------------------------------------------
        \42\ 19 U.S.C. 2137.
    ---------------------------------------------------------------------------
        (b) While there is in effect with respect to any article
    any action taken under section 203 of this Act, or section 232
    or 351 of the Trade Expansion Act of 1962 (19 U.S.C. 1862 or
    1981), the President shall reserve such article from
    negotiations under this title (and from any action under
    section 122(c)) contemplating reduction or elimination of--
              (A) any duty on such article,
              (B) any import restriction imposed under such
            section, or
              (C) any other import restriction, the removal of
            which will be likely to undermine the effect of the
            import restrictions referred to in subparagraph (B).
    In addition, the President shall also so reserve any other
    article which he determines to be appropriate, taking into
    consideration information and advice available pursuant to and
    with respect to the matters covered by sections 131, 132, and
    133, where applicable.
        (c) \43\ * * * [Repealed--1988]
    ---------------------------------------------------------------------------
        \43\ Sec. 1501(b)(2) of Public Law 100-418 (102 Stat. 1259)
    repealed sec. 127(c), which had required the President to submit to
    Congress ``an annual report on section 232 of the Trade Expansion Act
    of 1962. Within 60 days after he takes any action under such section
    232, the President shall report to the Congress the action taken and
    the reasons therefor.''.
    ---------------------------------------------------------------------------
        (d) \44\ * * *
    ---------------------------------------------------------------------------
        \44\ Subsec. (d) amended sec. 232 of the Trade Expansion Act of
    1962 (19 U.S.C. 1863).
    ---------------------------------------------------------------------------

    SEC. 128.\45\ MODIFICATION AND CONTINUANCE OF TREATMENT WITH RESPECT TO
                        DUTIES ON HIGH TECHNOLOGY PRODUCTS.

        (a) In order to carry out any agreement concluded as a
    result of the negotiating objectives under section 104A(c), the
    President may proclaim, subject to the provisions of chapter
    3--
    ---------------------------------------------------------------------------
        \45\ 19 U.S.C. 2138. Sec. 308(b)(1) of the International Trade and
    Investment Act (title III of Public Law 98-573; 98 Stat. 3013) added
    sec. 128.
    ---------------------------------------------------------------------------
              (1) such modification, elimination, or continuance of
            any existing duty, duty-free, or excise treatment, or
              (2) such additional duties,
    as he deems appropriate.
      (b) \46\ The President shall exercise his authority under
    subsection (a) of this section only with respect to the
    following subheadings listed in the Harmonized Tariff Schedule
    of the United States--
    ---------------------------------------------------------------------------
        \46\ Sec. 1214(j)(1) of the Omnibus Trade and Competitiveness Act
    of 1988 (Public Law 100-418; 102 Stat. 1157) restated and amended
    subsec. (b).
    ---------------------------------------------------------------------------
              (1) transistors (provided for in subheadings
            8541.21.00, 8541.29.00, and 8541.40.70);
              (2) diodes and rectifiers (provided for in
            subheadings 8541.10.00, 8541.30.00, and 8541.40.60);
              (3) monolithic integrated circuits (provided for in
            subheadings 8542.11.00 and 8542.19.00);
              (4) other integrated circuits (provided for in
            subheading 8542.20.00);
              (5) other components (provided for in subheading
            8541.50.00);
              (6) parts of semiconductors (provided for in
            subheadings 8541.90.00 and 8542.90.00); \47\
    ---------------------------------------------------------------------------
        \47\ Sec. 128(b), as amended by sec. 1214(j)(1) of Public Law 100-
    418 (102 Stat. 1158), was further amended by sec. 1215 of such Act,
    which struck out ``and'' at the end of para. (6); struck out ``tube.''
    and inserted in lieu thereof ``tube; and'' in para. (7); and added a
    new para. (8).
    ---------------------------------------------------------------------------
              (7) units of automatic data processing machines
            (provided for in subheadings 8471.92.20, 8471.92.30,
            8471.92.70, 8471.92.80, 8471.93.10, 8471.93.15,
            8471.93.30, 8471.93.50, 8471.99.15, and 8471.99.60) and
            parts (provided for in subheading 8473.30.40), all the
            foregoing not incorporating a cathode ray tube; and
            \47\
              (8) \47\ Digital processing units for automatic data
            processing machines, unhoused, consisting of a printed
            circuit (single or multiple) with one or more
            electronic integrated circuits or other semiconductor
            devices mounted directly thereon, certified as units
            designed for use other than in an automatic data
            processing machine of subheading 8471.20 (provided for
            in subheading 8471.91).
        (c) Termination.--The President may exercise his authority
    under this section only during the 5-year period beginning on
    the date of the enactment of the International Trade and
    Investment Act.\48\
    ---------------------------------------------------------------------------
        \48\ This Act became effective on October 30, 1984.
    ---------------------------------------------------------------------------
                * * * * * * *

             Chapter 3--Hearings and Advice Concerning Negotiations

    SEC. 131.\49\ ADVICE FROM INTERNATIONAL TRADE COMMISSION.

      (a) Lists of Articles Which May Be Considered for Action.--
    ---------------------------------------------------------------------------
        \49\ 19 U.S.C. 2151. Sec. 1111 of Public Law 100-418 (102 Stat.
    1135) amended and restated sec. 131.
    ---------------------------------------------------------------------------
              (1) In connection with any proposed trade agreement
            under section 123 of this Act or section 2103(a) or (b)
            of the Bipartisan Trade Promotion Authority Act of
            2002,\50\ the President shall from time to time publish
            and furnish the International Trade Commission
            (hereafter in this section referred to as the
            ``Commission'') with lists of articles which may be
            considered for modification or continuance of United
            States duties, continuance of United States duty-free
            or excise treatment, or additional duties. In the case
            of any article with respect to which consideration may
            be given to reducing or increasing the rate of duty,
            the list shall specify the provision of this subchapter
            under which such consideration may be given.
    ---------------------------------------------------------------------------
        \50\ Sec. 2110(a)(2) of the Bipartisan Trade Promotion Authority
    Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1019) struck
    out ``section 123 of this Act or section 1102(a) of the Omnibus Trade
    and Competitiveness Act of 1988'' and inserted in lieu thereof
    ``section 123 of this Act or section 2103(a) or (b) of the Bipartisan
    Trade Promotion Authority Act of 2002''.
    ---------------------------------------------------------------------------
              (2) In connection with any proposed trade agreement
            under section 2103(b) of the Bipartisan Trade Promotion
            Authority Act of 2002,\51\ the President may from time
            to time publish and furnish the Commission with lists
            of nontariff matters which may be considered for
            modification.
    ---------------------------------------------------------------------------
        \51\ Sec. 2110(a)(2) of the Bipartisan Trade Promotion Authority
    Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1019) struck
    out ``section 1102 (b) or (c) of the Omnibus Trade and Competitiveness
    Act of 1988'' and inserted in lieu therof ``section 2103(b) of the
    Bipartisan Trade Promotion Authority Act of 2002''.
    ---------------------------------------------------------------------------
      (b) Advice to President by Commission.--Within 6 months after
    receipt of a list under subsection (a) or, in the case of a
    list submitted in connection with a trade agreement, within 90
    days after receipt of such list, the Commission shall advise
    the President, with respect to each article or nontariff
    matter, of its judgment as to the probable economic effect of
    modification of the tariff or nontariff measure on industries
    producing like or directly competitive articles and on
    consumers, so as to assist the President in making an informed
    judgment as to the impact which might be caused by such
    modifications on United States interests, such as sectors
    involved in manufacturing, agriculture, mining, fishing,
    services, intellectual property, investment, labor, and
    consumers. Such advice may include in the case of any article
    the advice of the Commission as to whether any reduction in the
    rate of duty should take place over a longer period of time
    than the minimum period provided for in section 2103(a)(3)(A)
    of the Bipartisan Trade Promotion Authority Act of 2002.\52\
    ---------------------------------------------------------------------------
        \52\ Sec. 2110(a)(2) of the Bipartisan Trade Promotion Authority
    Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
    out ``section 1102(a)(3)(A)'' and inserted in lieu thereof ``section
    2103(a)(3)(A) of the Bipartisan Trade Promotion Authority Act of
    2002'',
    ---------------------------------------------------------------------------
      (c) Additional Investigations and Reports Requested by the
    President or the Trade Representative.--In addition, in order
    to assist the President in his determination whether to enter
    into any agreement under section 123 of this Act or section
    2103 of the Bipartisan Trade Promotion Authority Act of
    2002,\53\ or how to develop trade policy, priorities or other
    matters (such as priorities for actions to improve
    opportunities in foreign markets), the Commission shall make
    such investigations and reports as may be requested by the
    President or the United States Trade Representative on matters
    such as effects of modification of any barrier to (or other
    distortion of) international trade on domestic workers,
    industries or sectors, purchasers, prices and quantities of
    articles in the United States.
    ---------------------------------------------------------------------------
        \53\ Sec. 2110(a)(2) of the Bipartisan Trade Promotion Authority
    Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
    out ``section 1102 of the Omnibus Trade and Competitiveness Act of
    1988,'' and inserted in lieu thereof ``section 2103 of the Bipartisan
    Trade Promotion Authority Act of 2002,''.
    ---------------------------------------------------------------------------
      (d) Commission Steps in Preparing Its Advice to the
    President.--In preparing its advice to the President under this
    section, the Commission shall to the extent practicable--
              (1) investigate conditions, causes, and effects
            relating to competition between the foreign industries
            producing the articles or services in question and the
            domestic industries producing the like or directly
            competitive articles or services;
              (2) analyze the production, trade, and consumption of
            each like or directly competitive article or service,
            taking into consideration employment, profit levels,
            and use of productive facilities with respect to the
            domestic industries concerned, and such other economic
            factors in such industries as it considers relevant,
            including prices, wages, sales, inventories, patterns
            of demand, capital investment, obsolescence of
            equipment, and diversification of production;
              (3) describe the probable nature and extent of any
            significant change in employment, profit levels, and
            use of productive facilities; the overall impact of
            such or other possible changes on the competitiveness
            of relevant domestic industries or sectors; and such
            other conditions as it deems relevant in the domestic
            industries or sectors concerned which it believes such
            modifications would cause; and
              (4) make special studies (including studies of real
            wages paid in foreign supplying countries), whenever
            deemed to be warranted, of particular proposed
            modifications affecting United States manufacturing,
            agriculture, mining, fishing, labor, consumers,
            services, intellectual property and investment, using
            to the fullest extent practicable United States
            Government facilities abroad and appropriate personnel
            of the United States.
      (e) Public Hearing.--In preparing its advice to the President
    under this section, the Commission shall, after reasonable
    notice, hold public hearings.

    SEC. 132.\54\ ADVICE FROM EXECUTIVE DEPARTMENTS AND OTHER SOURCES.

      Before any trade agreement is entered into under section 123
    of this Act or section 2103 of the Bipartisan Trade Promotion
    Authority Act of 2002,\55\ the President shall seek information
    and advice with respect to such agreement from the Departments
    of Agriculture, Commerce, Defense, Interior, Labor, State and
    the Treasury, from the United States Trade Representative, and
    from such other sources as he may deem appropriate. Such advice
    shall be prepared and presented consistent with the provisions
    of Reorganization Plan Number 3 of 1979, Executive Order Number
    12188 and section 141(c).
    ---------------------------------------------------------------------------
        \54\ 19 U.S.C. 2152. Sec. 1111 of Public Law 100-418 (102 Stat.
    1135) amended and restated sec 132.
        \55\ Sec. 2110(a)(3) of the Bipartisan Trade Promotion Authority
    Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
    out ``section 1102 of the Omnibus Trade and Competitiveness Act of
    1988,'' and inserted in lieu thereof ``section 2103 of the Bipartisan
    Trade Promotion Authority Act of 2002,''.
    ---------------------------------------------------------------------------

    SEC. 133.\56\ PUBLIC HEARINGS.

      (a) Opportunity for Presentation of Views.--In connection
    with any proposed trade agreement under section 123 of this Act
    or section 2103 of the Bipartisan Trade Promotion Authority Act
    of 2002, \55\ the President shall afford an opportunity for any
    interested person to present his views concerning any article
    on a list published under section 131, any matter or article
    which should be so listed, any concession which should be
    sought by the United States, or any other matter relevant to
    such proposed trade agreement. For this purpose, the President
    shall designate an agency or an interagency committee which
    shall, after reasonable notice, hold public hearings and
    prescribe regulations governing the conduct of such hearings.
    When appropriate, such procedures shall apply to the
    development of trade policy and priorities.
    ---------------------------------------------------------------------------
        \56\ 19 U.S.C. 2153. Sec. 1111 of Public Law 100-418 (102 Stat.
    1135) amended and restated sec. 133.
    ---------------------------------------------------------------------------
      (b) Summary of Hearings.--The organization holding such
    hearing shall furnish the President with a summary thereof.

    SEC. 134.\57\ PREREQUISITES FOR OFFERS.

      (a) In any negotiation seeking an agreement under section 123
    of this Act or section 2103 of the Bipartisan Trade Promotion
    Authority Act of 2002,\55\ the President may make a formal
    offer for the modification or continuance of any United States
    duty, import restrictions, or barriers to (or other distortions
    of) international trade, the continuance of United States duty-
    free or excise treatment, or the imposition of additional
    duties, import restrictions, or other barrier to (or other
    distortion of) international trade including trade in services,
    foreign direct investment and intellectual property as covered
    by this title, with respect to any article or matter only after
    he has received a summary of the hearings at which an
    opportunity to be heard with respect to such article has been
    afforded under section 133. In addition, the President may make
    an offer for the modification or continuance of any United
    States duty, the continuance of United States duty-free or
    excise treatment, or the imposition of additional duties, with
    respect to any article included in a list published and
    furnished under section 131(a), only after he has received
    advice concerning such article from the Commission under
    section 131(b), or after the expiration of the 6-month or 90-
    day period provided for in that section, as appropriate,
    whichever first occurs.
    ---------------------------------------------------------------------------
        \57\ 19 U.S.C. 2154. Sec. 1111 of Public Law 100-418 (102 Stat.
    1135) amended and restated sec. 134.
    ---------------------------------------------------------------------------
      (b) In determining whether to make offers described in
    subsection (a) in the course of negotiating any trade agreement
    under section 2103 of the Bipartisan Trade Promotion Authority
    Act of 2002,\58\ and in determining the nature and scope of
    such offers, the President shall take into account any advice
    or information provided, or reports submitted, by--
    ---------------------------------------------------------------------------
        \58\ Sec. 2110(a)(4) of the Bipartisan Trade Promotion Authority
    Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
    out ``section 1102 of the Omnibus Trade and Competitiveness Act of
    1988,'' and inserted in lieu thereof ``section 2103 of the Bipartisan
    Trade Promotion Authority Act of 2002,''.
    ---------------------------------------------------------------------------
              (1) the Commission;
              (2) any advisory committee established under section
            135; or
              (3) any organization that holds public hearings under
            section 133;
    with respect to any article, or domestic industry, that is
    sensitive, or potentially sensitive, to imports.

    SEC. 135.\59\ INFORMATION AND ADVICE FROM PRIVATE AND PUBLIC SECTORS.

      (a) In General.--
    ---------------------------------------------------------------------------
        \59\ 19 U.S.C. 2155. Sec. 1631 of the Omnibus Trade and
    Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1264)
    comprehensively amended and restated sec. 135.
    ---------------------------------------------------------------------------
              (1) The President shall seek information and advice
            from representative elements of the private sector and
            the non-Federal governmental sector with respect to--
                      (A) negotiating objectives and bargaining
                    positions before entering into a trade
                    agreement under this title or section 2103 of
                    the Bipartisan Trade Promotion Authority Act of
                    2002; \60\
    ---------------------------------------------------------------------------
        \60\ Sec. 2110(a)(5) of the Bipartisan Trade Promotion Authority
    Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
    out ``section 1102 of the Omnibus Trade and Competitiveness Act of
    1988'' and inserted in lieu thereof ``section 2103 of the Bipartisan
    Trade Promotion Authority Act of 2002''.
    ---------------------------------------------------------------------------
                      (B) \61\ the operation of any trade agreement
                    once entered into, including preparation for
                    dispute settlement panel proceedings to which
                    the United States is a party; and
    ---------------------------------------------------------------------------
        \61\ Sec. 127(f) of Public Law 103-465 (108 Stat. 4836) amended and
    restated subpara. (B), which previously read as follows: ``(B) the
    operation of any trade agreement once entered into; and''.
    ---------------------------------------------------------------------------
                      (C) other matters arising in connection with
                    the development, implementation, and
                    administration of the trade policy of the
                    United States, including those matters referred
                    to in Reorganization Plan Number 3 of 1979 and
                    Executive Order Numbered 12188, and the
                    priorities for actions thereunder.
            To the maximum extent feasible, such information and
            advice on negotiating objectives shall be sought and
            considered before the commencement of negotiations.
              (2) The President shall consult with representative
            elements of the private sector and the non-Federal
            governmental sector on the overall current trade policy
            of the United States. The consultations shall include,
            but are not limited to, the following elements of such
            policy:
                      (A) The principal multilateral and bilateral
                    trade negotiating objectives and the progress
                    being made toward their achievement.
                      (B) The implementation, operation, and
                    effectiveness of recently concluded
                    multilateral and bilateral trade agreements and
                    resolution of trade disputes.
                      (C) The actions taken under the trade laws of
                    the United States and the effectiveness of such
                    actions in achieving trade policy objectives.
                      (D) Important developments in other areas of
                    trade for which there must be developed a
                    proper policy response.
              (3) The President shall take the advice received
            through consultation under paragraph (2) into account
            in determining the importance which should be placed on
            each major objective and negotiating position that
            should be adopted in order to achieve the overall trade
            policy of the United States.
      (b) Advisory Committee for Trade Policy and Negotiations.--
              (1) The President shall establish an Advisory
            Committee for Trade Policy and Negotiations to provide
            overall policy advice on matters referred to in
            subsection (a). The committee shall be composed of not
            more than 45 individuals and shall include
            representatives of non-Federal governments, labor,
            industry, agriculture, small business, service
            industries, retailers, nongovernmental environmental
            and conservation organizations,\62\ and consumer
            interests. The committee shall be broadly
            representative of the key sectors and groups of the
            economy, particularly with respect to those sectors and
            groups which are affected by trade. Members of the
            committee shall be recommended by the United States
            Trade Representative and appointed by the President for
            a term of 4 years or until the committee is scheduled
            to expire.\63\ An individual may be reappointed to
            committee for any number of terms. Appointments to the
            Committee shall be made without regard to political
            affiliation.
    ---------------------------------------------------------------------------
        \62\ Sec. 128 of Public Law 103-465 (108 Stat. 4836) inserted
    ``nongovernmental environmental and conservation organizations,'' after
    ``retailers,''.
        \63\ Sec. 2004(i)1)(2) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2595) struck out
    ``2 years''and inserted in lieu thereof ``4 years or until the
    committee is scheduled to expire''. Sec. 2204(i)(2) of that Act
    provided that this amendment would take effect on February 1, 2004.
    ---------------------------------------------------------------------------
              (2) The committee shall meet as needed at the call of
            the United States Trade Representative or at the call
            of two-thirds of the members of the committee. The
            chairman of the committee shall be elected by the
            committee from among its members.
              (3) The United States Trade Representative shall make
            available to the committee such staff, information,
            personnel, and administrative services and assistance
            as it may reasonably require to carry out its
            activities.
      (c) General Policy, Sectoral, or Functional Advisory
    Committees.--
              (1) The President may establish individual general
            policy advisory committees for industry, labor,
            agriculture, services, investment, defense, and other
            interests, as appropriate, to provide general policy
            advice on matters referred to in subsection (a). Such
            committees shall, insofar as is practicable, be
            representative of all industry, labor, agricultural,
            service, investment, defense, and other interests,
            respectively, including small business interests, and
            shall be organized by the United States Trade
            Representative and the Secretaries of Commerce,
            Defense, Labor, Agriculture, the Treasury, or other
            executive departments, as appropriate. The members of
            such committees shall be appointed by the United States
            Trade Representative in consultation with such
            Secretaries.
              (2) The President shall establish such sectoral or
            functional advisory committees as may be appropriate.
            Such committees shall, insofar as is practicable, be
            representative of all industry, labor, agricultural, or
            service interests (including small business interests)
            in the sector or functional areas concerned. In
            organizing such committees, the United States Trade
            Representative and the Secretaries of Commerce, Labor,
            Agriculture, the Treasury, or other executive
            departments, as appropriate, shall--
                      (A) consult with interested private
                    organizations; and
                      (B) take into account such factors as--
                              (i) patterns of actual and potential
                            competition between United States
                            industry and agriculture and foreign
                            enterprise in international trade,
                              (ii) the character of the nontariff
                            barriers and other distortions
                            affecting such competition,
                              (iii) the necessity for reasonable
                            limits on the number of such advisory
                            committees,
                              (iv) the necessity that each
                            committee be reasonably limited in
                            size, and
                              (v) in the case of each sectoral
                            committee, that the product lines
                            covered by each committee be reasonably
                            related.
              (3) The President--
                      (A) may, if necessary, establish policy
                    advisory committees representing non-Federal
                    governmental interests to provide policy
                    advice--
                              (i) on matters referred to in
                            subsection (a), and
                              (ii) with respect to implementation
                            of trade agreements, and
                      (B) shall include as members of committees
                    established under subparagraph (A)
                    representatives of non-Federal governmental
                    interests if he finds such inclusion
                    appropriate after consultation by the United
                    States Trade Representative with such
                    representatives.
              (4) Appointments to each committee established under
            paragraph (1), (2), or (3) shall be made without regard
            to political affiliation.
      (d) Policy, Technical, and Other Advice and Information.--
    Committees established under subsection (c) shall meet at the
    call of the United States Trade Representative and the
    Secretaries of Agriculture, Commerce, Labor, Defense, or other
    executive departments, as appropriate, to provide policy
    advice, technical advice and information, and advice on other
    factors relevant to the matters referred to in subsection (a).
      (e) Meeting of Advisory Committees at Conclusion of
    Negotiations.--
              (1) The Advisory Committee for Trade Policy and
            Negotiations, each appropriate policy advisory
            committee, and each sectoral or functional advisory
            committee, if the sector or area which such committee
            represents is affected, shall meet at the conclusion of
            negotiations for each trade agreement entered into
            under section 2103 of the Bipartisan Trade Promotion
            Authority Act of 2002,\58\ to provide to the President,
            to Congress, and to the United States Trade
            Representative a report on such agreement. Each report
            that applies to a trade agreement entered into under
            section 2103 of the Bipartisan Trade Promotion
            Authority Act of 2002 \58\ shall be provided under the
            preceding sentence not later than the date on which the
            President notifies the Congress under section
            2105(a)(1)(A) of the Bipartisan Trade Promotion
            Authority Act of 2002 \64\ of his intention to enter
            into that agreement.
    ---------------------------------------------------------------------------
        \64\ Sec. 2110(a)(5)(B)(ii) of the Bipartisan Trade Promotion
    Authority Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020)
    struck out ``section 1103(a)(1)(A) of such Act of 1988'' and inserted
    in lieu thereof ``section 2105(a)(1)A) of the Bipartisan Trade
    Promotion Authority Act of 2002''.
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              (2) The report of the Advisory Committee for Trade
            Policy and Negotiations and each appropriate policy
            advisory committee shall include an advisory opinion as
            to whether and to what extent the agreement promotes
            the economic interests of the United States and
            achieves the applicable overall and principal
            negotiating objectives set forth in section 2102 of the
            Bipartisan Trade Promotion Authority Act of 2002,\65\
            as appropriate.
    ---------------------------------------------------------------------------
        \65\ Sec. 2110(a)(5)(C) of the Bipartisan Trade Promotion Authority
    Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1020) struck
    out ``section 1101 of the Omnibus Trade and Competitiveness Act of
    1988'' and inserted in lieu thereof ``section 2102 of the Bipartisan
    Trade Promotion Authority Act of 2002''.
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              (3) The report of the appropriate sectoral or
            functional committee under paragraph (1) shall include
            an advisory opinion as to whether the agreement
            provides for equity and reciprocity within the sector
            or within the functional area.
      (f) Application of Federal Advisory Committee Act.--The
    provisions of the Federal Advisory Committee Act apply--
              (1) to the Advisory Committee for Trade Policy and
            Negotiations established under subsection (b); and
              (2) \66\ to all other advisory committees which may
            be established under subsection (c) of this section,
            except that--
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        \66\ Sec. 2204(i)(1) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2594) amended
    and restated para. (2). Sec. 2204(i)(2) of that Act provided that this
    amendment would take effect on February 1, 2004.
    ---------------------------------------------------------------------------
                      (A) the meetings of advisory committees
                    established under subsections (b) and (c) of
                    this section shall be exempt from the
                    requirements of subsections (a) and (b) of
                    sections 10 and 11 of the Federal Advisory
                    Committee Act (relating to open meetings,
                    public notice, public participation, and public
                    availability of documents), whenever and to the
                    extent it is determined by the President or the
                    President's designee that such meetings will be
                    concerned with matters the disclosure of which
                    would seriously compromise the development by
                    the United States Government of trade policy,
                    priorities, negotiating objectives, or
                    bargaining positions with respect to matters
                    referred to in subsection (a) of this section,
                    and that meetings may be called of such special
                    task forces, plenary meetings of chairmen, or
                    other such groups made up of members of the
                    committees established under subsections (b)
                    and (c) of this section; and
                      (B) notwithstanding subsection (a)(2) of
                    section 14 of the Federal Advisory Committee
                    Act, any committee established under subsection
                    (b) or (c) may, in the discretion of the
                    President or the President's designee,
                    terminate not later than the expiration of the
                    4-year period beginning on the date of their
                    establishment.
      (g) Trade Secrets and Confidential Information.--
              (1) Trade secrets and commercial or financial
            information which is privileged or confidential, and
            which is submitted in confidence by the private sector
            or non-Federal government to officers or employees of
            the United States in connection with trade
            negotiations, may be disclosed upon request to--
                      (A) officers and employees of the United
                    States designated by the United States Trade
                    Representative;
                      (B) members of the Committee on Ways and
                    Means of the House of Representatives and the
                    Committee on Finance of the Senate who are
                    designated as official advisers under section
                    161(a)(1) or are designated by the chairmen of
                    either such committee under section
                    161(b)(3)(A) and staff members of either such
                    committee designated by the chairmen under
                    section 161(b)(3)(A); and
                      (C) members of any committee of the House or
                    Senate or any joint committee of Congress who
                    are designated as advisers under section
                    161(a)(2) or designated by the chairman of such
                    committee under section 161(b)(3)(B) and staff
                    members of such committee designated under
                    section 161(b)(3)(B), but disclosure may be
                    made under this subparagraph only with respect
                    to trade secrets or commercial or financial
                    information that is relevant to trade policy
                    matters or negotiations that are within the
                    legislative jurisdiction of such committee;
            for use in connection with matters referred to in
            subsection (a).
              (2) Information other than that described in
            paragraph (1), and advice submitted in confidence by
            the private sector or non-Federal government to
            officers or employees of the United States, to the
            Advisory Committee for Trade Policy and Negotiations,
            or to any advisory committee established under
            subsection (c), in connection with matters referred to
            in subsection (a), may be disclosed upon request to--
                      (A) the individuals described in paragraph
                    (1); and
                      (B) the appropriate advisory committee
                    established under this section.
              (3) Information submitted in confidence by officers
            or employees of the United States to the Advisory
            Committee for Trade Policy and Negotiations, or to any
            advisory committee established under subsection (c),
            may be disclosed in accordance with rules issued by the
            United States Trade Representative and the Secretaries
            of Commerce, Labor, Defense, Agriculture, or other
            executive departments, as appropriate, after
            consultation with the relevant advisory committees
            established under subsection (c). Such rules shall
            define the categories of information which require
            restricted or confidential handling by such committee
            considering the extent to which public disclosure of
            such information can reasonably be expected to
            prejudice the development of trade policy, priorities,
            or United States negotiating objectives. Such rules
            shall, to the maximum extent feasible, permit
            meaningful consultations by advisory committee members
            with persons affected by matters referred to in
            subsection (a).
      (h) Advisory Committee Support.--The United States Trade
    Representative, and the Secretaries of Commerce, Labor,
    Defense, Agriculture, the Treasury, or other executive
    departments, as appropriate, shall provide such staff,
    information, personnel, and administrative services and
    assistance to advisory committees established under subsection
    (c) as such committees may reasonably require to carry out
    their activities.
      (i) Consultation With Advisory Committees; Procedures;
    Nonacceptance of Committee Advice or Recommendations.--It shall
    be the responsibility of the United States Trade
    Representative, in conjunction with the Secretaries of
    Commerce, Labor, Agriculture, the Treasury, or other executive
    departments, as appropriate, to adopt procedures for
    consultation with and obtaining information and advice from the
    advisory committees established under subsection (c) on a
    continuing and timely basis. Such consultation shall include
    the provision of information to each advisory committee as to--
              (1) significant issues and developments; and
              (2) overall negotiating objectives and positions of
            the United States and other parties;
    with respect to matters referred to in subsection (a). The
    United States Trade Representative shall not be bound by the
    advice or recommendations of such advisory committees, but
    shall inform the advisory committees of significant departures
    from such advice or recommendations made. In addition, in the
    course of consultations with the Congress under this title,
    information on the advice and information provided by advisory
    committees shall be made available to congressional advisers.
      (j) Private Organizations or Groups.--In addition to any
    advisory committee established under this section, the
    President shall provide adequate, timely and continuing
    opportunity for the submission on an informal basis (and, if
    such information is submitted under the provisions of
    subsection (g), on a confidential basis) by private
    organizations or groups, representing government, labor,
    industry, agriculture, small business, service industries,
    consumer interests, and others, of statistics, data and other
    trade information, as well as policy recommendations, pertinent
    to any matter referred to in subsection (a).
      (k) Scope of Participation by Members of Advisory
    Committees.--Nothing contained in this section shall be
    construed to authorize or permit any individual to participate
    directly in any negotiation of any matters referred to in
    subsection (a). To the maximum extent practicable, the members
    of the committees established under subsections (b) and (c),
    and other appropriate parties, shall be informed and consulted
    before and during any such negotiations. They may be designated
    as advisors to a negotiating delegation, and may be permitted
    to participate in international meetings to the extent the head
    of the United States delegation deems appropriate. However,
    they may not speak or negotiate for the United States.
      (l) Advisory Committees Established by Department of
    Agriculture.--The provisions of title XVIII of the Food and
    Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply
    to any advisory committee established under subsection (c).
      (m) Non-Federal Government Defined.--As used in this section,
    the term ``non-Federal government'' means--
              (1) any State, territory, or possession of the United
            States, or the District of Columbia, or any political
            subdivision thereof; or
              (2) any agency or instrumentality of any entity
            described in paragraph (1).

        Chapter 4--Office of the United States Trade Representative \67\

    SEC. 141.\68\ OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

        (a) There is established within the Executive Office of the
    President the Office of the United States Trade Representative
    \67\ (hereinafter in this section referred to as the
    ``Office'').
    ---------------------------------------------------------------------------
        \67\ Sec. 3(d)(3) of Public Law 97-456 (96 Stat. 2503) inserted
    this chapter designation in lieu thereof ``Office of the Special
    Representative for Trade Negotiations''. In addition, sec. 3(d)(2)(D)
    struck out ``Special Representative for Trade Negotiations'' and
    inserted in lieu thereof ``United States Trade Representative''.
        \68\ 19 U.S.C. 2171. The Department of Commerce Appropriations Act,
    1993 (Title II of Public Law 102-395; 106 Stat. 1852), provided that:
    ``Notwithstanding any other provision of law, upon the request of the
    Secretary of Commerce, the Secretary of State shall accord the
    diplomatic title of Minister-Counselor to the senior Commercial Officer
    assigned to any United States mission abroad: Provided further, That
    the number of Commercial Service officers accorded such diplomatic
    title at any time shall not exceed twelve''.
        Sec. 2004(a)(15) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) made a
    technical correction to sec. 141(b)(2).
    ---------------------------------------------------------------------------
        (b)(1) The Office shall be headed by the United States
    Trade Representative \67\ who shall be appointed by the
    President, by and with the advice and consent of the Senate. As
    an exercise of the rulemaking power of the Senate, any
    nomination of the United States Trade Representative \67\
    submitted to the Senate for confirmation, and referred to a
    committee, shall be referred to the Committee on Finance. The
    United States Trade Representative \67\ shall hold office at
    the pleasure of the President, shall be entitled to receive the
    same allowances as a chief of mission, and shall have the rank
    of Ambassador Extraordinary and Plenipotentiary.
        (2) There shall be in the Office three Deputy United States
    Trade Representatives \69\ and one Chief Agricultural
    Negotiator \70\ who shall be appointed by the President, by and
    with the advice and consent of the Senate. As an exercise of
    the rulemaking power of the Senate, any nomination of a Deputy
    United States Trade Representative or the Chief Agricultural
    Negotiator \70\ submitted to the Senate for confirmation, and
    referred to a committee, shall be referred to the Committee on
    Finance. Each Deputy United States Trade Representative and the
    Chief Agricultural Negotiator \70\ shall hold the office at the
    pleasure of the President and shall have the rank of
    Ambassador.
    ---------------------------------------------------------------------------
        \69\ Sec. 3 of Public Law 97-456 (96 Stat. 2503) inserted the
    reference to the Deputy United States Trade Representative in lieu of a
    reference to the Deputy Special Representatives for Trade Negotiations
    and increased the number of deputies in the office of the United States
    Trade Representative from two to three.
        \70\ Sec. 406 of Public Law 106-200 (114 Stat. 293) added the
    position of Chief Agricultural Negotiator and amended para. (2) by
    inserting references to the position.
    ---------------------------------------------------------------------------
        (3) \71\,\72\ A person who has directly
    represented, aided, or advised a foreign entity (as defined by
    section 207(f)(3) of title 18, United States Code) in any trade
    negotiation, or trade dispute, with the United States may not
    be appointed as United States Trade Representative or as a
    Deputy United States Trade Representative.
    ---------------------------------------------------------------------------
        \71\ Sec. 21(b) of Public Law 104-65 (109 Stat. 704) added para.
    (3). Subsec. (c) of that section made the amendment effective for
    appointments made on or after the date of enactment (December 19,
    1995).
        An earlier para. (3) was repealed by sec. 3(d)(1) of Public Law 97-
    456 (96 Stat. 2503).
        Para. (3) was waived with respect to the appointment of Charlene
    Barshefsky as United States Trade Representative. Public Law 105-5 (111
    Stat. 11, enacted March 17, 1997) stated as follows:
        ``Notwithstanding the provisions of paragraph (3) of section 141(b)
    of the Trade Act of 1974 (19 U.S.C. 2171(b)(3)) or any other provision
    of law, the President, acting by and with the advice and consent of the
    Senate, is authorized to appoint Charlene Barshefsy as the United
    States Trade Representative.''.
        \72\ Sec. 1001(a)(2) of Public Law 106-36 (113 Stat. 130) struck
    out ``Limitation on appointments.--'' and aligned the text of para. (3)
    with the text of para. (2).
    ---------------------------------------------------------------------------
      (c) \73\ (1) The United States Trade Representative shall--
    ---------------------------------------------------------------------------
        \73\ Sec. 1601(a) of Public Law 100-418 (102 Stat. 1260) amended
    and restated sec. 141(c).
    ---------------------------------------------------------------------------
              (A) have primary responsibility for developing, and
            for coordinating the implementation of, United States
            international trade policy, including commodity
            matters, and, to the extent they are related to
            international trade policy, direct investment matters;
              (B) serve as the principal advisor to the President
            on international trade policy and shall advise the
            President on the impact of other policies of the United
            States Government on international trade;
              (C) have lead responsibility for the conduct of, and
            shall be the chief representative of the United States
            for, international trade negotiations, including all
            negotiations on any matter considered under the
            auspices of the World Trade Organization,\74\ commodity
            and direct investment negotiations, in which the United
            States participates;
    ---------------------------------------------------------------------------
        \74\ Sec. 621(a)(8) of Public Law 103-465 (108 Stat. 4993) inserted
    ``all negotiations on any matter considered under the auspices of the
    World Trade Organization,'' after ``including'' in subpara. (C), and
    inserted ``, including any matter considered under the auspices of the
    World Trade Organization,'' after ``functions'' in subpara. (D)
    (resulting in a double comma). Sec. 20(f)(1) of Public Law 104-295 (110
    Stat. 3529) subsequently struck out the second comma.
    ---------------------------------------------------------------------------
              (D) issue and coordinate policy guidance to
            departments and agencies on basic issues of policy and
            interpretation arising in the exercise of international
            trade functions, including any matter considered under
            the auspices of the World Trade Organization,\74\ to
            the extent necessary to assure the coordination of
            international trade policy and consistent with any
            other law;
              (E) act as the principal spokesman of the President
            on international trade;
              (F) report directly to the President and the Congress
            regarding, and be responsible to the President and the
            Congress for the administration of, trade agreements
            programs;
              (G) advise the President and Congress with respect to
            nontariff barriers to international trade,
            international commodity agreements, and other matters
            which are related to the trade agreements programs;
              (H) be responsible for making reports to Congress
            with respect to matters referred to in subparagraphs
            (C) and (F);
              (I) be chairman of the interagency trade organization
            established under section 242(a) of the Trade Expansion
            Act of 1962, and shall consult with and be advised by
            such organization in the performance of his functions;
            and
              (J) in addition to those functions that are delegated
            to the United States Trade Representative as of the
            date of the enactment of the Omnibus Trade and
            Competitiveness Act of 1988, be responsible for such
            other functions as the President may direct.
        (2) \75\ It is the sense of Congress that the United States
    Trade Representative should--
    ---------------------------------------------------------------------------
        \75\ Sec. 3(b)(1) of Public Law 97-456 (96 Stat. 2503) redesignated
    existing para. (2) as para. (3) and added a new para. (2). Sec.
    1601(a)(2) of Public Law 100-418 (102 Stat. 1261) subsequently
    redesignated paras. (2) and (3) as paras. (3) and (4) and inserted a
    new para. (2).
    ---------------------------------------------------------------------------
              (A) be the senior representative on any body that the
            President may establish for the purpose of providing to
            the President advice on overall economic policies in
            which international trade matters predominate; and
              (B) be included as a participant in all economic
            summit and other international meetings at which
            international trade is a major topic.
        (3) \75\ The United States Trade Representative may--
              (A) delegate any of his functions, powers, and duties
            to such officers and employees of the Office as he may
            designate; and
              (B) authorize such successive redelegations of such
            functions, powers, and duties to such officers and
            employees of the Office as he may deem appropriate.
        (4) \75\ Each Deputy United States Trade Representative
    \76\ shall have as his principal function the conduct of trade
    negotiations under this Act and shall have such other functions
    as the United States Trade Representative \69\ may direct.
    ---------------------------------------------------------------------------
        \76\ Sec. 3(d)(2)(C) of Public Law 97-456 (96 Stat. 2503)
    substituted the reference to the Deputy United States Trade
    Representative in lieu of a reference to the Deputy Special
    Representative for Trade Negotiations.
    ---------------------------------------------------------------------------
        (5) \77\ The principal function of the Chief Agricultural
    Negotiator shall be to conduct trade negotiations and to
    enforce trade agreements relating to United States agricultural
    products and services. The Chief Agricultural Negotiator shall
    be a vigorous advocate on behalf of United States agricultural
    interests. The Chief Agricultural Negotiator shall perform such
    other functions as the United States Trade Representative may
    direct.
    ---------------------------------------------------------------------------
        \77\ Sec. 406 of Public Law 106-200 (114 Stat. 293) inserted para.
    (5).
    ---------------------------------------------------------------------------
      (d) \78\ (1) In carrying out subsection (c) with respect to
    unfair trade practices, the United States Trade Representative
    shall--
    ---------------------------------------------------------------------------
        \78\ Sec. 1601(b)(1) of Public Law 100-418 (102 Stat. 1261)
    redesignated subsecs. (d), (e), and (f) as subsecs. (e), (f), and (g),
    respectively, and inserted a new subsec. (d).
    ---------------------------------------------------------------------------
              (A) coordinate the application of interagency
            resources to specific unfair trade practice cases;
              (B) identify, and refer to the appropriate Federal
            department or agency for consideration with respect to
            action, each act, policy, or practice referred to in
            the report required under section 181(b), or otherwise
            known to the United States Trade Representative on the
            basis of other available information, that may be an
            unfair trade practice that either--
                      (i) is considered to be inconsistent with the
                    provisions of any trade agreement and has a
                    significant adverse impact on United States
                    commerce, or
                      (ii) has a significant adverse impact on
                    domestic firms or industries that are either
                    too small or financially weak to initiate
                    proceedings under the trade laws;
              (C) identify practices having a significant adverse
            impact on United States commerce that the attainment of
            United States negotiating objectives would eliminate;
            and
              (D) identify, on a biennial basis, those United
            States Government policies and practices that, if
            engaged in by a foreign government, might constitute
            unfair trade practices under United States law.
      (2) For purposes of carrying out paragraph (1), the United
    States Trade Representative shall be assisted by an interagency
    unfair trade practices advisory committee composed of the Trade
    Representative, who shall chair the committee, and senior
    representatives of the following agencies, appointed by the
    respective heads of those agencies:
              (A) The Bureau of Economics and Business Affairs of
            the Department of State.
              (B) The United States and Foreign Commercial Services
            of the Department of Commerce.
              (C) The International Trade Administration (other
            than the United States and Foreign Commercial Service)
            of the Department of Commerce.
              (D) The Foreign Agricultural Service of the
            Department of Agriculture.
    The United States Trade Representative may also request the
    advice of the United States International Trade Commission
    regarding the carrying out of paragraph (1).
      (3) For purposes of this subsection, the term ``unfair trade
    practice'' means any act, policy, or practice that--
              (A) may be a subsidy with respect to which
            countervailing duties may be imposed under subtitle A
            of title VII;
              (B) may result in the sale or likely sale of foreign
            merchandise with respect to which antidumping duties
            may be imposed under subtitle B of title VII;
              (C) may be either an unfair method of competition, or
            an unfair act in the importation of articles into the
            United States, that is unlawful under section 337; or
              (D) may be an act, policy, or practice of a kind with
            respect to which action may be taken under title III of
            the Trade Act of 1974.
        (e) \78\ The United States Trade Representative \56\ may,
    for the purpose of carrying out his functions under this
    section--
              (1) subject to the civil service and classification
            laws, select, appoint, employ, and fix the compensation
            of such officers and employees as are necessary and
            prescribe their authority and duties, except that not
            more than 20 individuals may be employed without regard
            to any provision of law regulating the employment or
            compensation at rates not to exceed the rate of pay for
            level IV of the Executive Schedule in section 5314 of
            title 5, United States Code; \79\
    ---------------------------------------------------------------------------
        \79\ The words to this point beginning with ``except that not more
    than 20'' were added by sec. 13023(1) of Public Law 99-272 (100 Stat.
    307).
    ---------------------------------------------------------------------------
              (2) employ experts and consultants in accordance with
            section 3109 of title 5, United States Code, and
            compensate individuals so employed for each day
            (including travel time) at rates not in excess of the
            maximum rate of pay for grade GS-18 as provided in
            section 5332 of title 5, United States Code, and while
            such experts and consultants are so serving away from
            their homes or regular place of business, to pay such
            employees travel expenses and per diem in lieu of
            subsistence at rates authorized by section 5703 of
            title 5, United States Code, for persons in Government
            service employed intermittently;
              (3) promulgate such rules and regulations as may be
            necessary to carry out the functions, powers and duties
            \80\ vested in him;
    ---------------------------------------------------------------------------
        \80\ Sec. 3(b)(2) of Public Law 97-456 (96 Stat. 2503) inserted
    ``powers and duties''.
    ---------------------------------------------------------------------------
              (4) utilize, with their consent, the services,
            personnel, and facilities of other Federal agencies;
              (5) enter into and perform such contracts, leases,
            cooperative agreements, or other transactions as may be
            necessary in the conduct of the work of the Office and
            on such terms as the United States Trade Representative
            \67\ may deem appropriate, with any agency or
            instrumentality of the United States, or with any
            public or private person, firm, association,
            corporation, or institution;
              (6) accept voluntary and uncompensated services,
            notwithstanding the provisions of section 1342 of Title
            31, United States Code; \81\
    ---------------------------------------------------------------------------
        \81\ Sec. 1887(a)(3) of Public Law 99-514 (100 Stat. 2923) inserted
    the reference to 31 U.S.C. 1342 in lieu of ``3679(b) of the Revised
    Statutes (31 U.S.C. 665(b))''.
    ---------------------------------------------------------------------------
              (7) adopt an official seal, which shall be judicially
            noticed;
              (8) \82\ pay for expenses approved by him for
            official travel without regard to the Federal Travel
            Regulations or to the provisions of subchapter I of
            chapter 57 of title 5, United States Code (relating to
            rates of per diem allowances in lieu of subsistence
            expenses);
    ---------------------------------------------------------------------------
        \82\ Sec. 3(b)(5) of Public Law 97-456 (96.Stat. 2503) added paras.
    (8) through (10).
    ---------------------------------------------------------------------------
              (9) \82\ accept, hold, administer, and utilize gifts,
            devises, and bequests of property, both real and
            personal, for the purpose of aiding or facilitating the
            work of the Office; and
              (10) \82\ acquire, by purchase or exchange, not more
            than two passenger motor vehicles for use abroad,
            except that no vehicle may be acquired at a cost
            exceeding $9,500.
              (11) \83\ provide, where authorized by law, copies of
            documents to persons at cost, except that any funds so
            received shall be credited to, and be available for use
            from, the account from which expenditures relating
            thereto were made.
    ---------------------------------------------------------------------------
        \83\ Sec. 304(d)(2)(A)(iii) of the International Trade and
    Investment Act (title III of Public Law 98-573; 98 Stat. 3004) inserted
    this paragraph as para. (8). It was later redesignated as para. (11) by
    sec. 1887(a)(4) of Public Law 99-514 (100 Stat. 2923).
    ---------------------------------------------------------------------------
        (f) \78\ The United States Trade Representative \67\ shall,
    to the extent he deems it necessary for the proper
    administration and execution of the trade agreements programs
    of the United States, draw upon the resources of, and consult
    with, Federal agencies in connection with the performance of
    his functions.
        (g) \78\ (1) \84\ (A) There are authorized to be
    appropriated to the Office for the purposes of carrying out its
    functions the following:
    ---------------------------------------------------------------------------
        \84\ Sec. 361(a)(1) of the Customs Border Security Act of 2002
    (title III of Public Law 107-210; 116 Stat. 991) struck out ``not to
    exceed'' following ``functions'' and added the authorizations for
    fiscal year 2003 and fiscal year 2004.
        Previous authorization levels have been as follows: fiscal year
    1992--$21,077,000 (Public Law 101-382; 104 Stat. 634); fiscal year
    1991--$23,250,000 (Public Law 101-382; 104 Stat. 634); fiscal year
    1990--$19,651,000 (Public Law 101-207; 103 Stat. 1833); fiscal year
    1988--$15,172,000 (Public Law 100-203; 101 Stat. 1330-382); fiscal year
    1986--$13,582,000 (Public Law 99-272; 100 Stat. 308); fiscal year
    1985--$14,179,000 (Public Law 98-573; 98 Stat. 3043); fiscal year
    1983--$11,100,000 (Public Law 97-456; 96 Stat. 2503).
    ---------------------------------------------------------------------------
              (i) $32,300,000 for fiscal year 2003.
              (ii) $33,108,000 for fiscal year 2004.
        (B) Of the amounts authorized to be appropriated under
    subparagraph (A) for any fiscal year--
              (i) \85\ not to exceed $98,000 may be used for
            entertainment and representation expenses of the
            Office; and
    ---------------------------------------------------------------------------
        \85\ Sec. 361(a)(2) of the Customs Border Security Act of 2002
    (title III of Public Law 107-210; 116 Stat. 991) added ``and'' at the
    end of clause (i), deleted clause (ii), and redesignated clause (iii)
    as clause (ii). Previously, clause (ii) had stipulated that not to
    exceed $2,050,000 may be used to pay the United States share of the
    expenses of binational panels and extraordinary challenge committees
    convened pursuant to chapter 19 of the United States-Canada Free Trade
    Agreement.
    ---------------------------------------------------------------------------
              (ii) not to exceed $1,000,000 shall remain available
            until expended.
        (2) \86\ For the fiscal year beginning October 1, 1982, and
    for each fiscal year thereafter, there are authorized to be
    appropriated to the Office for the salaries of its officers and
    employees such additional sums as may be provided by law to
    reflect pay rate changes made in accordance with the Federal
    Pay Comparability Act of 1970.
    ---------------------------------------------------------------------------
        \86\ Sec. 3(a) of Public Law 97-456 (96 Stat. 2503) amended and
    restated subsec. (g) (then subsec. (f)) by adding language in para. (2)
    concerning salaries. Prior to that amendment, subsec. (g) had
    authorized funds for the Office in ``such amounts as may be necessary''
    for fiscal years 1976 through 1980.
    ---------------------------------------------------------------------------
        (3) \87\ By not later than the date on which the President
    submits to Congress the budget of the United States Government
    for a fiscal year, the United States Trade Representative shall
    submit to the Committee on Ways and Means of the House of
    Representatives and the Committee on Finance of the Senate the
    projected amount of funds for the succeeding fiscal year that
    will be necessary for the Office to carry out its functions.
    ---------------------------------------------------------------------------
        \87\ Sec. 361(b) of the Customs Border Security Act of 2002 (title
    III of Public Law 107-210; 116 Stat. 991) added para. (3). Sec. 361(c)
    of Public Law 107-210 further provided the following:
        ``(c) Additional Staff for Office of Assistant U.S. Trade
    Representative for Congressional Affairs.--
    ---------------------------------------------------------------------------

      ``(1) In general.--There is authorized to be appropriated such sums as
    may be necessary for fiscal year 2003 for the salaries and expenses of two
    additional legislative specialist employee positions within the Office of
    the Assistant United States Trade Representative for Congressional Affairs.

      ``(2) Availability.--Amounts appropriated pursuant to the authorization
    of appropriations under paragraph (1) are authorized to remain available
    until expended.''.

    --------------------------------------------------------------------------------------------------------------------------------------------------------

    --------------------------------------------------------------------------------------------------------------------------------------------------------

                               Note.--Sec. 132 of the Customs and Trade Act of 1990 (Public Law 101-382; 104 Stat. 647; 19 U.S.C.

                               ``(d) Effective Dates.--
                                   ``(1) In general.--Except as provided in paragraph (2), the amendments made by this section take
                                effect on the date of the enactment of this Act. [August 20, 1990]
                                   ``(2) Extension of waiver authority.--
                                    ``(A) The amendments made by subsections (a) and (c) (4) and (5) apply with respect to
                                 recommendations made under section 402(d) of the Trade Act of 1974 by the President after May 23,
                                 1990.
                                    ``(B) Solely for purposes of applying the applicable provisions of the Trade Act of 1974 with
                                 respect to the recommendations made by the President to the House of Representatives and the Senate
                                 under subsection (d) of section 402 of the Trade Act of 1974 after May 23, 1990, and on or before
                                 the date of the enactment of this Act--
                                     ``(i) in paragraph (2)(A)(i) of subsection (d) of such section 402 (as amended by subsection
                                  (a)), the date on which the waiver authority granted under subsection (c) of such section 402
                                  would expire but for an extension under paragraph (1) of such subsection (d) is the date of the
                                  enactment of this Act;
                                     ``(ii) paragraph (2)(A)(ii) of subsection (d) of such section 402 (as amended by subsection
                                  (a)) shall be treated as reading as follows:
                                     `` `(ii) if the President vetoes the joint resolution, each House of Congress votes to override
                                  such veto on or before the last day of the 60-day period referred to in clause (i).';
                                     ``(iii) if the waiver authority granted under such subsection (c) is extended after application
                                  of clauses (i) and (ii), the expiration date for such authority is July 3, 1991; and
                                     ``(iv) only joint resolutions described in section 153(a) of the Trade Act of 1974 (as amended
                                  by subsection (a)) that are introduced in the House of Representatives or the Senate on or after
                                  the date of the enactment of this Act may be considered by either body.''.

    --------------------------------------------------------------------------------------------------------------------------------------------------------

       Chapter 5--Congressional Procedures With Respect to Presidential
                                    Actions

    SEC. 151.\88\ BILLS IMPLEMENTING TRADE AGREEMENTS OF NONTARIFF BARRIERS
                        AND RESOLUTIONS APPROVING COMMERCIAL AGREEMENTS
                        WITH COMMUNITY COUNTRIES.

        (a) Rules of House of Representatives and Senate.--This
    section and sections 152 and 153 are enacted by the Congress--
    ---------------------------------------------------------------------------
        \88\ 19 U.S.C. 2191.
    ---------------------------------------------------------------------------
              (1) as an exercise of the rulemaking power of the
            House of Representatives and the Senate, respectively,
            and as such they are deemed a part of the rules of each
            House, respectively, but applicable only with respect
            to the procedure to be followed in that House in the
            case of implementing bills described in subsection
            (b)(1), implementing revenue bills described in
            subsection (b)(2), approval resolutions described in
            subsection (b)(3), and resolutions described in
            subsections 152(a) and 153(a); and they supersede other
            rules only to the extent that they are inconsistent
            therewith; and
              (2) with full recognition of the constitutional right
            of either House to change the rules (so far as relating
            to the procedure of that House) at any time, in the
            same manner and to the same extent as in the case of
            any other rule of that House.
        (b) Definitions.--For purposes of this section--
              (1) The term ``implementing bill'' means only a bill
            of either House of Congress which is introduced as
            provided in subsection (c) with respect to one or more
            trade agreements, or with respect to an extension
            described in section 282(c)(3) of the Uruguay Round
            Agreements Act,\89\ submitted to the House of
            Representatives and the Senate under section 102 of
            this Act, section 282 of the Uruguay Round Agreements
            Act, or section 2105(a)(1) of the Bipartisan Trade
            Promotion Authority Act of 2002 \90\ and which
            contains--
    ---------------------------------------------------------------------------
        \89\ Sec. 282(c)(4)(A)(i) of Public Law 103-465 (108 Stat. 4929)
    inserted ``, or with respect to an extension described in section
    282(c)(3) of the Uruguay Round Agreements Act,'' after ``trade
    agreements''.
        \90\ Sec. 1107(b)(1) of Public Law 100-418 (102 Stat. 1135)
    inserted ``section 102 of this Act or section 1103(a)(1) of the Omnibus
    Trade and Competitiveness Act of 1988''. Sec. 282(c)(4)(A)(ii) of
    Public Law 103-465 (108 Stat. 4929) subsequently struck out ``or
    section 1103(a)(1) of the Omnibus Trade and Competitiveness Act of
    1988'' and inserted in lieu thereof ``, section 1103(a)(1) of the
    Omnibus Trade and Competitiveness Act of 1988, or section 282 of the
    Uruguay Round Agreements Act''. Sec. 2110(a)(1)(A) of the Bipartisan
    Trade Promotion Authority Act of 2002 (title XXI of Public Law 107-210;
    116 Stat. 1019) subsequently struck out ``section 1103(a)(1) of the
    Omnibus Trade and Competitiveness Act of 1988, or section 282 of the
    Uruguay Round Agreements Act'' and inserted in lieu thereof ``section
    282 of the Uruguay Round Agreements Act, or section 2105(a)(1) of the
    Bipartisan Trade Promotion Authority Act of 2002''.
    ---------------------------------------------------------------------------
                      (A) a provision approving such trade
                    agreement or agreements or such extension,\91\
    ---------------------------------------------------------------------------
        \91\ Sec. 282(c)(4)(A)(iii) of Public Law 103-465 (108 Stat. 4929)
    inserted ``or such extension'' after ``agreements'' in subparas. (A)
    and (C).
    ---------------------------------------------------------------------------
                      (B) a provision approving the statement of
                    administrative action (if any) proposed to
                    implement such trade agreement or agreements,
                    and
                      (C) if changes in existing laws or new
                    statutory authority is required to implement
                    such trade agreement or agreements or such
                    extension,\91\ provisions necessary or
                    appropriate to implement such trade agreement
                    or agreements or such extension,\91\ either
                    repealing or amending existing laws or
                    providing new statutory authority.
              (2) The term ``implementing revenue bill or
            resolution'' \92\ means an implementing bill, or
            approval resolution \93\ which contains one or more
            revenue measures by reason of which it must originate
            in the House of Representatives.
    ---------------------------------------------------------------------------
        \92\ Sec. 132(b)(2)(A) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 645) inserted ``or resolution''. See box note,
    page 291, relating to effective date of amendment.
        \93\ Sec. 132(b)(2)(B) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 645) inserted ``, or approval resolution''. See
    box note, page 291, relating to effective date of amendment.
    ---------------------------------------------------------------------------
              (3) The term ``approval resolution'' means only a
            joint \94\ resolution of the two Houses of the
            Congress, the matter after the resolving clause of
            which is as follows: ``That the Congress approves the
            extension of nondiscriminatory treatment with respect
            to the products of ........................ transmitted
            by the President to the Congress on
            ........................'', the first blank space being
            filled with the name of the country involved and the
            second blank space being filled with the appropriate
            date.
    ---------------------------------------------------------------------------
        \94\ Sec. 132(b)(2)(C) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 645) struck out ``concurrent'' and inserted in
    lieu thereof ``joint''. See box note, page 291, relating to effective
    date of amendment.
    ---------------------------------------------------------------------------
        (c) Introduction and Referral.--
              (1) On the day on which a trade agreement or
            extension \95\ is submitted to the House of
            Representatives and the Senate under section 102,
            section 282 of the Uruguay Round Agreements Act, or
            section 2105(a)(1) of the Bipartisan Trade Promotion
            Authority Act of 2002,\96\ the implementing bill
            submitted by the President with respect to such trade
            agreement or extension \95\ shall be introduced (by
            request) in the House by the majority leader of the
            House, for himself and the minority leader of the
            House, or by Members of the House designated by the
            majority leader and minority leader of the House; and
            shall be introduced (by request) in the Senate by the
            majority leader of the Senate, for himself and the
            minority leader of the Senate, or by Members of the
            Senate designated by the majority leader and minority
            leader of the Senate. If either House is not in session
            on the day on which such a trade agreement or extension
            \95\ is submitted, the implementing bill shall be
            introduced in that House, as provided in the preceding
            sentence, on the first day thereafter on which that
            House is in session. Such bills shall be referred by
            the Presiding Officers of the respective Houses to the
            appropriate committee, or, in the case of a bill
            containing provisions within the jurisdiction of two or
            more committees, jointly to such committees for
            consideration of those provisions within their
            respective jurisdictions.
    ---------------------------------------------------------------------------
        \95\ Sec. 282(c)(4)(B)(ii) of Public Law 103-465 (108 Stat. 4929)
    inserted ``or extension'' after ``agreement'' throughout subsec.
    (c)(1).
        \96\ Sec. 282(c)(4)(B)(i) of Public Law 103-465 (108 Stat. 4929)
    inserted ``or section 282 of the Uruguay Round Agreements Act'' after
    ``section 102''. Sec. 2110(a)(1)(B) of the Bipartisan Trade Promotion
    Authority Act of 2002 (title XXI of Public Law 107-210; 116 Stat. 1019)
    subsequently inserted ``, or section 2105(a)(1) of the Bipartisan Trade
    Promotion Authority Act of 2002''.
    ---------------------------------------------------------------------------
              (2) On the day on which a bilateral commercial
            agreement, entered into under title IV of this Act
            after the date of the enactment of this Act, is
            transmitted to the House of Representatives and the
            Senate, an approval resolution with respect to such
            agreement shall be introduced (by request) in the House
            by the majority leader of the House, for himself and
            the minority leader of the House, or by Members of the
            House designated by the majority leader of the House,
            for himself and the minority leader of the House, or by
            Members of the House designated by the majority leader
            and minority leader of the House; and shall be
            introduced (by request) in the Senate by the majority
            leader of the Senate, for himself and the minority
            leader of the Senate, or by Members of the Senate
            designated by the majority leader and minority leader
            of the Senate. If either House is not in session on the
            day on which such an agreement is transmitted, the
            approval resolution with respect to such agreement
            shall be introduced in the House, as provided in the
            preceding sentence, on the first day thereafter on
            which the House is in session. The approval resolution
            introduced in the House shall be referred to the
            Committee on Ways and Means and the approval resolution
            introduced in the Senate shall be referred to the
            Committee on Finance.
        (d) Amendments Prohibited.--No amendment to an implementing
    bill or approval resolution shall be in order in either the
    House of Representatives or the Senate; and no motion to
    suspend the application of this subsection shall be in order in
    either House, nor shall it be in order in either House for the
    Presiding Officer to entertain a request to suspend the
    application of this subsection by unanimous consent.
        (e) Period for Committee and Floor Consideration.--
              (1) Except as provided in paragraph (2), if the
            committee or committees of either House to which an
            implementing bill or approval resolution has been
            referred have not reported it at the close of the 45th
            day after its introduction, such committee or
            committees shall be automatically discharged from
            further consideration of the bill or resolution and it
            shall be placed on the appropriation calendar. A vote
            on final passage of the bill or resolution shall be
            taken in each House on or before the close of the 15th
            day after the bill or resolution is reported by the
            committees or committee of that House to which it was
            referred, or after such committee or committees have
            been discharged from further consideration of the bill
            or resolution. If prior to the passage by one House of
            an implementing bill or approval resolution of that
            House, that House receives the same implementing bill
            or approval resolution from the other House then--
                      (A) the procedure in that House shall be the
                    same as if no implementing bill or approval
                    resolution had been received from the other
                    House; but
                      (B) the vote on final passage shall be on the
                    implementing bill or approval resolution of the
                    other House.
              (2) The provisions of paragraph (1) shall not apply
            in the Senate to an implementing revenue bill or
            resolution.\97\ An implementing revenue bill or
            resolution \97\ received from the House shall be
            referred to the appropriate committee or committees of
            the Senate. If such committees have not reported such
            bill or resolution \98\ at the close of the 15th day
            after its receipt by the Senate (or, later, before the
            close of the 45th day after the corresponding
            implementing revenue bill or resolution \97\ was
            introduced in the Senate), such committee or committees
            shall be automatically discharged from further
            consideration of such bill or resolution \98\ and it
            shall be placed on the calendar. A vote on final
            passage of such bill or resolution \98\ shall be taken
            in the Senate on or before the close of the 15th day
            after such bill or resolution \98\ is reported by the
            committee or committees of the Senate to which it was
            referred, or after such committee or committees have
            been discharged from further consideration of such bill
            or resolution.\98\
    ---------------------------------------------------------------------------
        \97\ Sec. 132(b)(2)(D) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 645) struck out ``revenue bill'' and inserted in
    lieu thereof ``revenue bill or resolution''. See box note, page 291,
    relating to effective date of amendment.
        \98\ Sec. 132(b)(2)(E) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 645) struck out ``such bill'' and inserted in
    lieu thereof ``such bill or resolution''. See box note, page 291,
    relating to effective date of amendment.
    ---------------------------------------------------------------------------
              (3) For purposes of paragraphs (1) and (2), in
            computing a number of days in either House, there shall
            be excluded any day on which the House is not in
            session.
        (f) Floor Consideration in the House.--
              (1) A motion in the House of Representatives to
            proceed to the consideration of an implementing bill or
            approval resolution shall be highly privileged and not
            debatable. An amendment to the motion shall not be in
            order, nor shall it be in order to move to reconsider
            the vote by which the motion is agreed to or disagreed
            to.
              (2) Debate in the House of Representatives on an
            implementing bill or approval resolution shall be
            limited to not more than 20 hours, which shall be
            divided equally between those favoring and those
            opposing the bill or resolution. A motion further to
            limit debate shall not be debatable. It shall not be in
            order to move to recommit an implementing bill or
            approval resolution or to move to reconsider the vote
            by which an implementing bill or approval resolution is
            agreed to or disagreed to.
              (3) Motions to postpone, made in the House of
            Representatives with respect to the consideration of an
            implementing bill or approval resolution, and motions
            to proceed to the consideration of other business,
            shall be decided without debate.
              (4) All appeals from the decisions of the Chair
            relating to the application of the Rules of the House
            of Representatives to the procedure relating to an
            implementing bill or approval resolution shall be
            decided without debate.
              (5) Except to the extent specifically provided in the
            preceding provisions of this subsection, consideration
            of an implementing bill or approval resolution shall be
            governed by the Rules of the House of Representatives
            applicable to other bills and resolutions in similar
            circumstances.
        (g) Floor Consideration in the Senate.--
              (1) A motion in the Senate to proceed to the
            consideration of an implementing bill or approval
            resolution shall be privileged and not debatable. An
            amendment to the motion shall not be in order, nor
            shall it be in order to move to reconsider the vote by
            which the motion is agreed to or disagreed to.
              (2) Debate in the Senate on an implementing bill or
            approval resolution, and all debatable motions and
            appeals in connection therewith, shall be limited to
            not more than 20 hours. The time shall be equally
            divided between, and controlled by, the majority leader
            and the minority leader or their designees.
              (3) Debate in the Senate on any debatable motion or
            appeal in connection with an implementing bill or
            approval resolution shall be limited to not more than 1
            hour, to be equally divided between, and controlled by,
            the mover and the manager of the bill or resolution,
            except that in the event the manager of the bill or
            resolution is in favor of any such motion or appeal,
            the time in opposition thereto, shall be controlled by
            the minority leader or his designee. Such leaders, or
            either of them, may, from time under their control on
            the passage of an implementing bill or approval
            resolution, allot additional time to any Senator during
            the consideration of any debatable motion or appeal.
              (4) A motion in the Senate to further limit debate is
            not debatable. A motion to recommit an implementing
            bill or approval resolution is not in order.

    SEC. 152.\99\ RESOLUTIONS DISAPPROVING CERTAIN ACTIONS.

        (a) Contents of Resolutions.--
    ---------------------------------------------------------------------------
        \99\ 19 U.S.C. 2192.
    ---------------------------------------------------------------------------
              (1) For purposes of this section, the term
            ``resolution'' means only--
                      (A) \100\ a joint resolution \101\ of the two
                    Houses of the Congress, the matter after the
                    resolving clause of which is as follows: ``That
                    the Congress does not approve the action taken
                    by, or the determination of, the President
                    under section 203, of the Trade Act of 1974
                    transmitted to the Congress on ............,
                    the blank spaces being filled with the
                    appropriate date; and
    ---------------------------------------------------------------------------
        \100\ Sec. 902(a) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 299) amended and restated para. (1)(A).
        \101\ Sec. 248(b) of Public Law 98-573 (98 Stat. 2998) struck out
    ``concurrent resolution'' and inserted in lieu thereof ``joint
    resolution''.
    ---------------------------------------------------------------------------
                      (B) \102\ a joint resolution of the two
                    Houses of the Congress, the matter after the
                    resolving clause of which is as follows: ``That
                    the Congress does not approve ...........
                    transmitted to the Congress on ............'',
                    with the first blank space being filled in
                    accordance with paragraph (2), and the second
                    blank space being filled with the appropriate
                    date.
    ---------------------------------------------------------------------------
        \102\ Sec. 132(c)(2) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 646) amended and restated subpara. (B). Subpara.
    (B) formerly referred to simple resolutions from either House of the
    Congress. See box note, page 291, relating to effective date of
    amendment.
    ---------------------------------------------------------------------------
              (2) \103\ The first \104\ blank space referred to in
            paragraph (1)(B) shall be filled,\105\ in the case of a
            resolution referred to in section 407(c)(2),\106\ with
            the phrase ``the report of the President submitted
            under section ............ of the Trade Act of 1974
            with respect to ............ (with the first blank
            space being filled with ``402(b)'' or ``409(b)'', as
            appropriate, and the second blank space being filled
            with the name of the country involved).
    ---------------------------------------------------------------------------
        \103\ Sec. 902(a) of the Trade Agreements Act of 1979 (Public Law
    96-39, 93 Stat. 300) struck out para. (2) and redesignated para. (3) as
    para. (2).
        \104\ Sec. 132(c)(3)(A) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 646) struck out ``second'' and inserted
    in lieu thereof ``first''. See box note, page 291, relating to the
    effective date of the amendment.
        \105\ Sec. 261(d)(1)(A)(ii) of Public Law 103-465 (108 Stat. 4909),
    as amended by sec. 20(b)(1) of Public Law 104-295 (110 Stat. 3527),
    struck out subpara. designations (A) and (B), and struck out the
    reference to sec. 303(c) of the Tariff Act of 1930, which was repealed
    by the Trade Agreements Act of 1979.
        \106\ Sec. 132(c)(3)(C) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 646) struck out ``407(c)(3)'' and
    inserted in lieu thereof ``407(c)(2)''. See box note, page 291,
    relating to effective date of amendment.
    ---------------------------------------------------------------------------
        (b) References to Committees.--All resolutions introduced
    in the House of Representatives shall be referred to the
    Committee on Ways and Means and all resolutions introduced in
    the Senate shall be referred to the Committee on Finance.
        (c) Discharge of Committees.--
              (1) If the committee of either House to which a
            resolution has been referred has not reported it at the
            end of 30 days after its introduction, not counting any
            day which is excluded under section 154(b),\107\ it is
            in order to move either to discharge the committee from
            further consideration of the resolution or to discharge
            the committee from further consideration of any other
            resolution introduced with respect to the same
            matter,\108\ except that a motion to discharge--
    ---------------------------------------------------------------------------
        \107\ Sec. 1106(c)(5) of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 312) struck out the reference to sec. 153(b) and
    inserted in lieu thereof the reference to sec. 154(b).
        \108\ Sec. 132(c)(4) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 646) struck out ``except no motion to discharge
    shall be in order after the committee has reported a resolution with
    respect to the same matter.'' and inserted text in this paragraph,
    including the subparagraph following ``matter''. See box note, page
    291, relating to effective date of amendment.
    ---------------------------------------------------------------------------
                      (A) may only be made on the second
                    legislative day after the calendar day on which
                    the Member making the motion announces to the
                    House his intention to do so; and
                      (B) is not in order after the Committee has
                    reported a resolution with respect to the same
                    matter.
              (2) A motion to discharge under paragraph (1) may be
            made only by an individual favoring the resolution, and
            is highly privileged in the House and privileged in the
            Senate; and debate thereon shall be limited to not more
            than 1 hour, the time to be divided in the House
            equally between those favoring and those opposing the
            resolution, and to be divided in the Senate equally
            between, and controlled by, the majority leader and the
            minority leader or their designees. An amendment to the
            motion is not in order, and it is not in order to move
            to reconsider the vote by which the motion is agreed to
            or disagreed to.
        (d) Floor Consideration in the House.--
              (1) A motion in the House of Representatives to
            proceed to the consideration of a resolution shall be
            highly privileged and not debatable. An amendment to
            the motion shall not be in order, nor shall it be in
            order to move to reconsider the vote by which the
            motion is agreed to or disagreed to.
              (2) Debate in the House of Representatives on a
            resolution shall be limited to not more than 20 hours,
            which shall be divided equally between those favoring
            and those opposing the resolution. A motion further to
            limit debate shall not be debatable. No amendment to,
            or motion to recommit, the resolution shall be in
            order. It shall not be in order to move to reconsider
            the vote by which a resolution is agreed to or
            disagreed to.
              (3) Motions to postpone, made in the House of
            Representatives with respect to the consideration of a
            resolution, and motions to proceed to the consideration
            of other business, shall be decided without debate.
              (4) All appeals from the decisions of the Chair
            relating to the application of the Rules of the House
            of Representatives to the procedure relating to a
            resolution shall be decided without debate.
              (5) Except to the extent specifically provided in the
            preceding provisions of this subsection, consideration
            of a resolution in the House of Representatives shall
            be governed by the Rules of the House of
            Representatives applicable to other resolutions in
            similar circumstances.
        (e) Floor Consideration in the Senate.--
              (1) A motion in the Senate to proceed to the
            consideration of a resolution shall be privileged. An
            amendment to the motion shall not be in order, nor
            shall it be in order to move to reconsider the vote by
            which the motion is agreed to or disagreed to.
              (2) Debate in the Senate on a resolution, and all
            debatable motions and appeals in connection therewith,
            shall be limited to not more than 20 hours, to be
            equally divided between, and controlled by, the
            majority leader and the minority leader or their
            designees.
              (3) Debate in the Senate on any debatable motion or
            appeal in connection with a resolution shall be limited
            to not more than 1 hour, to be equally divided between,
            and controlled by, the mover and the manager of the
            resolution, except that in the event the manager of the
            resolution is in favor of any such motion or appeal,
            the time in opposition thereto, shall be controlled by
            the minority leader or his designee. Such leaders, or
            either of them, may, from time under their control on
            the passage of a resolution, allot additional time to
            any Senator during the consideration of any debatable
            motion or appeal.
              (4) A motion in the Senate to further limit debate on
            a resolution, debatable motion, or appeal is not
            debatable. No amendment to, or motion to recommend a
            resolution is in order in the Senate.
        (f) \109\ Procedures in the Senate.--
    ---------------------------------------------------------------------------
        \109\ Sec. 132(c)(5) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 647) amended and restated subsec. (f). See box
    note, page 291, relating to effective date of amendment.
    ---------------------------------------------------------------------------
              (1) Except as otherwise provided in this section, the
            following procedures shall apply in the Senate to a
            resolution to which this section applies:
                      (A)(i) Except as provided in clause (ii), a
                    resolution that has passed the House of
                    Representatives shall, when received in the
                    Senate, be referred to the Committee on Finance
                    for consideration in accordance with this
                    section.
                      (ii) If a resolution to which this section
                    applies was introduced in the Senate before
                    receipt of a resolution that has passed the
                    House of Representatives, the resolution from
                    the House of Representatives shall, when
                    received in the Senate, be placed on the
                    calendar. If this clause applies, the
                    procedures in the Senate with respect to a
                    resolution introduced in the Senate that
                    contains the identical matter as the resolution
                    that passed the House of Representatives shall
                    be the same as if no resolution had been
                    received from the House of Representatives,
                    except that the vote on passage in the Senate
                    shall be on the resolution that passed the
                    House of Representatives.
                      (B) If the Senate passes a resolution before
                    receiving from the House of Representatives a
                    joint resolution that contains the identical
                    matter, the joint resolution shall be held at
                    the desk pending receipt of the joint
                    resolution from the House of Representatives.
                    Upon receipt of the joint resolution from the
                    House of Representatives, such joint resolution
                    shall be deemed to be read twice, considered,
                    read the third time, and passed.
              (2) If the texts of joint resolutions described in
            section 152 or 153(a), whichever is applicable,
            concerning any matter are not identical--
                      (A) the Senate shall vote passage on the
                    resolution introduced in the Senate, and
                      (B) the text of the joint resolution passed
                    by the Senate shall, immediately upon its
                    passage (or, if later, upon receipt of the
                    joint resolution passed by the House), be
                    substituted for the text of the joint
                    resolution passed by the House of
                    Representatives, and such resolution, as
                    amended, shall be returned with a request for a
                    conference between the two Houses.
              (3) Consideration in the Senate of any veto message
            with respect to a joint resolution described in
            subsection (a)(2)(B) or section 153(a), including
            consideration therewith, shall be limited to 10 hours,
            to be equally divided between, and controlled by, the
            majority leader and the minority leader or their
            designees.

    SEC. 153.\110\ RESOLUTIONS RELATING TO EXTENSION OF WAIVER AUTHORITY
                        UNDER SECTION 402.

        (a) \111\ Contents of Resolutions.--For purposes of this
    section, the term ``resolution'' means only a joint resolution
    of the two Houses of Congress, the matter after the resolving
    clause of which is as follows: ``That the Congress does not
    approve the extension of the authority contained in section
    402(c) of the Trade Act of 1974 recommended by the President to
    the Congress on ........................ with respect to
    ........................'', with the first blank space being
    filled with the appropriate date, and the second blank space
    being filled with the names of those countries, if any, with
    respect to which such extension of authority is not approved,
    and with the clause beginning ``with respect to'' being omitted
    if the extension of the authority is not approved with respect
    to any country.
    ---------------------------------------------------------------------------
        \110\ 19 U.S.C. 2193.
        \111\ Sec. 132(a)(3) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 644) amended and restated subsec. (a). See box
    note, page 291, relating to effective date of amendment.
    ---------------------------------------------------------------------------
        (b) Application of Rules of Section 152; Exceptions.--
              (1) Except as provided in this section, the
            provisions of section 152 shall apply to resolutions
            described in subsection (a).
              (2) In applying section 152(c)(1), all calendar days
            shall be counted.\112\
    ---------------------------------------------------------------------------
        \112\ Sec. 132(a)(4)(A) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 644) struck out ``, and, in the case of
    a resolution related to section 402(d)(4), 20 calendar days shall be
    substituted for 30 days''. See box note, page 291, relating to
    effective date of amendment.
    ---------------------------------------------------------------------------
              (3) That part of section 152(d)(2) which provides
            that no amendment is in order shall not apply to any
            amendment to a resolution which is limited to striking
            out or inserting the names of one or more countries or
            to striking out or inserting \113\ a with-respect-to
            clause.\114\ Debate in the House of Representatives on
            any amendment to a resolution shall be limited to not
            more than 1 hour which shall be equally divided between
            those favoring and those opposing the amendment. A
            motion in the House to further limit debate on an
            amendment to a resolution is not debatable.
    ---------------------------------------------------------------------------
        \113\ Sec. 132(a)(4)(B) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 645) struck out ``an except clause, in
    the cause of a resolution described in subsection (a)(1), or''. See box
    note, page 291, relating to effective date of amendment.
        \114\ Sec. 132(a)(4)(C) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 645) struck out ``, in the case of a
    resolution described in subsection (a)(2)''. See box note, page 291,
    relating to effective date of amendment.
    ---------------------------------------------------------------------------
              (4) That part of section 152(e)(4) which provides
            that no amendment is in order shall not apply to any
            amendment to a resolution which is limited to striking
            out or inserting the names of one or more countries or
            to striking out or inserting \115\ a with-respect-to
            clause.\116\ The time limit on a debate on a resolution
            in the Senate under section 152(e)(2) shall include all
            amendments to a resolution. Debate in the Senate on any
            amendment to a resolution shall be limited to not more
            than 1 hour, to be equally divided between, and
            controlled by, the mover and the manager of the
            resolution, except that in the event the manager of the
            resolution is in favor of any such amendment, the time
            in opposition thereto shall be controlled by the
            minority leader or his designee. The majority leader
            and minority leader may, from time under their control
            on the passage of a resolution, allot additional time
            to any Senator during the consideration of any
            amendment. A motion in the Senate to further limit
            debate on an amendment to a resolution is not
            debatable.
    ---------------------------------------------------------------------------
        \115\ Sec. 132(a)(4)(D) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 645) struck out ``an except clause, in
    the case of a resolution described in subsection (a)(1), or''. See box
    note, page 291, relating to effective date of amendment.
        \116\ Sec. 132(a)(4)(E) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 645) struck out ``, in the case of a
    resolution described in subsection (a)(2)''. See box note, page 291,
    relating to effective date of amendment.
    ---------------------------------------------------------------------------
        (c) Consideration of Second Resolution Not in Order.--It
    shall not be in order in either the House of Representatives or
    the Senate to consider a resolution with respect to a
    recommendation of the President under section 402(d) (other
    than a resolution described in subsection (a) \117\ received
    from the other House), if that House had adopted a resolution
    with respect to the same recommendation.
    ---------------------------------------------------------------------------
        \117\ Sec. 132(a)(5) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 645) struck out ``in subsection (a)(1)'' and
    inserted in lieu thereof ``in subsection (a)''. See box note, page 291,
    relating to effective date of amendment.
    ---------------------------------------------------------------------------
        (d) \118\ Procedures Relating to Conference Reports in the
    Senate.--
    ---------------------------------------------------------------------------
        \118\ Sec. 132(a)(6) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 645) added subsec. (d). See box note, page 291,
    relating to effective date of amendment.
    ---------------------------------------------------------------------------
              (1) Consideration in the Senate of the conference
            report on any joint resolution described in subsection
            (a), including consideration of all amendments in
            disagreement (and all amendments thereto), and
            consideration of all debatable motions and appeals in
            connection therewith, shall be limited to 10 hours, to
            be equally divided between, and controlled by, the
            majority leader and the minority leader or their
            designees. Debate on any debatable motion or appeal
            related to the conference report shall be limited to 1
            hour, to be equally divided between, and controlled by,
            the mover and the manager of the conference report.
              (2) In any case in which there are amendments in
            disagreement, time on each amendment shall be limited
            to 30 minutes, to be equally divided between, and
            controlled by, the manager of the conference report and
            the minority leader or his designee. No amendment to
            any amendment in disagreement shall be received unless
            it is a germane amendment.

    SEC. 154.\119\ SPECIAL RULES RELATING TO CONGRESSIONAL PROCEDURES.

        (a) Whenever, pursuant to section 102(e), 203(b),\120\
    402(d), or 407(a) or (b),\121\ a document is required to be
    transmitted to the Congress, copies of such document shall be
    delivered to both Houses of Congress on the same day and shall
    be delivered to the Clerk of the House of Representatives if
    the House is not in session and to the Secretary of the Senate
    if the Senate is not in session.
    ---------------------------------------------------------------------------
        \119\ 19 U.S.C. 2194.
        \120\ Sec. 902(a) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 300) struck out a reference to sec. 302(d) which
    previously appeared at this point.
        \121\ Sec. 261(d)(1)(A)(iii) of Public Law 103-465 (108 Stat. 4909)
    struck out ``or section 303(e) of the Tariff Act of 1930,''.
    ---------------------------------------------------------------------------
        (b) For purposes of sections 203(c) and 407(c)(2), the 90-
    day period,\122\ and 2437(c)(2),\123\ referred to in such
    sections shall be computed by excluding--
    ---------------------------------------------------------------------------
        \122\ Sec. 902(a) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 300) struck out a reference to sec. 302(b) which
    previously appeared at this point. Sec. 1001(a)(5) of Public Law 106-36
    (113 Stat. 130) struck out ``For purposes of'' and all that followed,
    and inserted in lieu thereof ``For purposes of 203(c) and 407(c)(2),
    the 90-day period''.
        \123\ Sec. 132(c)(6) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 647) struck out ``407(c)(2) and 407(c)(3)'' and
    inserted in lieu thereof ``and 407(c)(2)''. See box note, page 291,
    relating to effective date of amendment. Sec. 1001(a)(5) of Public Law
    106-36 (113 Stat. 130), struck out a reference to sec. 407(c)(2) and
    inserted in lieu thereof ``2437(c)(2)''.
    ---------------------------------------------------------------------------
              (1) the days on which either House is not in session
            because of an adjournment of more than 3 days to a day
            certain or an adjournment of the Congress sine die, and
              (2) any Saturday and Sunday, not excluded under
            paragraph (1), when either House is not in session.

                  Chapter 6--Congressional Liaison and Reports

    SEC. 161.\124\ CONGRESSIONAL ADVISERS FOR TRADE POLICY AND
                        NEGOTIATIONS.

      (a) Selection.--
    ---------------------------------------------------------------------------
        \124\ 19 U.S.C. 2211. Sec. 1632 of the Omnibus Trade and
    Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1269)
    amended and restated sec. 161.
    ---------------------------------------------------------------------------
              (1) At the beginning of each regular session of
            Congress, the Speaker of the House of Representatives,
            upon the recommendation of the chairman of the
            Committee on Ways and Means, shall select 5 members
            (not more than 3 of whom are members of the same
            political party) of such committee, and the President
            pro tempore of the Senate, upon the recommendation of
            the chairman of the Committee on Finance, shall select
            5 members (not more than 3 of whom are members of the
            same political party) of such committee, who shall be
            designated congressional advisers on trade policy and
            negotiations. They shall provide advice on the
            development of trade policy and priorities for the
            implementation thereof. They shall also be accredited
            by the United States Trade Representative on behalf of
            the President as official advisers to the United States
            delegations to international conferences, meetings, and
            negotiating sessions relating to trade agreements.
              (2)(A) In addition to the advisers designated under
            paragraph (1) from the Committee on Ways and Means and
            the Committee on Finance--
                      (i) the Speaker of the House may select
                    additional members of the House, for
                    designation as congressional advisers regarding
                    specific trade policy matters or negotiations,
                    from any other committee of the House or joint
                    committee of Congress that has jurisdiction
                    over legislation likely to be affected by such
                    matters or negotiations; and
                      (ii) the President pro tempore of the Senate
                    may select additional members of the Senate,
                    for designation as congressional advisers
                    regarding specific trade policy matters or
                    negotiations, from any other committee of the
                    Senate or joint committee of Congress that has
                    jurisdiction over legislation likely to be
                    affected by such matters or negotiations.
            Members of the House and Senate selected as
            congressional advisers under this subparagraph shall be
            accredited by the United States Trade Representative.
              (B) Before designating any member under subparagraph
            (A), the Speaker or the President pro tempore shall
            consult with--
                      (i) the chairman and ranking member of the
                    Committee on Ways and Means or the Committee on
                    Finance, as appropriate; and
                      (ii) the chairman and ranking minority member
                    of the committee from which the member will be
                    selected.
              (C) Not more than 3 members (not more than 2 of whom
            are members of the same political party) may be
            selected under this paragraph as advisers from any
            committee of Congress.
      (b) Briefing.--
              (1) The United States Trade Representative shall keep
            each official adviser designated under subsection
            (a)(1) currently informed on matters affecting the
            trade policy of the United States and, with respect to
            possible agreements, negotiating objectives, the status
            of negotiations in progress, and the nature of any
            changes in domestic law or the administration thereof
            which may be recommended to Congress to carry out any
            trade agreement or any requirement of, amendment to, or
            recommendation under, such agreement.
              (2) The United States Trade Representative shall keep
            each official adviser designated under subsection
            (a)(2) currently informed regarding the trade policy
            matters and negotiations with respect to which the
            adviser is designated.
              (3)(A) The chairmen of the Committee on Ways and
            Means and the Committee on Finance may designate
            members (in addition to the official advisers under
            subsection (a)(1)) and staff members of their
            respective committees who shall have access to the
            information provided to official advisers under
            paragraph (1).
              (B) The Chairman of any committee of the House or
            Senate or any joint committee of Congress from which
            official advisers are selected under subsection (a)(2)
            may designate other members of such committee, and
            staff members of such committee, who shall have access
            to the information provided to official advisers under
            paragraph (2).
      (c) Committee Consultation.--The United States Trade
    Representative shall consult on a continuing basis with the
    Committee on Ways and Means of the House of Representatives,
    the Committee on Finance of the Senate, and the other
    appropriate committees of the House and Senate on the
    development, implementation, and administration of overall
    trade policy of the United States. Such consultations shall
    include, but are not limited to, the following elements of such
    policy:
              (1) The principal multilateral and bilateral
            negotiating objectives and the progress being made
            toward their achievement.
              (2) The implementation, administration, and
            effectiveness of recently concluded multilateral and
            bilateral trade agreements and resolution of trade
            disputes.
              (3) The actions taken, and proposed to be taken,
            under the trade laws of the United States and the
            effectiveness, or anticipated effectiveness, of such
            actions in achieving trade policy objectives.
              (4) The important developments and issues in other
            areas of trade for which there must be developed proper
            policy response.
    When necessary, meetings shall be held with each Committee in
    executive session to review matters under negotiation.

    SEC. 162.\125\ TRANSMISSION OF AGREEMENTS TO CONGRESS.

        (a) As soon as practicable after agreement entered into
    under \126\ section 123 or 124 or under section 2103 of the
    Bipartisan Trade Promotion Authority Act of 2002 \126\ has
    entered into force with respect to the United States, the
    President shall, if he has not previously done so, transmit a
    copy of such trade agreement to each House of the Congress
    together with a statement, in the light of the advice of the
    International Trade Commission under section 131(b), if any,
    and of the other relevant considerations, of his reasons for
    entering into the agreement.
    ---------------------------------------------------------------------------
        \125\ 19 U.S.C. 2212.
        \126\ Sec. 9001(a)(10) of the Technical and Miscellaneous Revenue
    Act of 1988 (Public Law 100-647; 102 Stat. 3342) amended subsec. (a) by
    striking ``chapter 1 or'' which previously appeared before ``sec 123'';
    and by inserting the text ``or under section 1102 of the Omnibus Trade
    and Competitiveness Act of 1988''. Sec. 2110(a)(6) of the Bipartisan
    Trade Promotion Authority Act of 2002 (title XXI of Public Law 107-210;
    116 Stat. 1020) subsequently struck ``section 1102 of the Omnibus Trade
    and Competitiveness Act of 1988'' and inserted in lieu thereof
    ``section 2103 of the Bipartisan Trade Promotion Authority Act of
    2002''.
    ---------------------------------------------------------------------------
        (b) The President shall transmit to each Member of the
    Congress a summary of the information required to be
    transmitted to each House under subsection (a). For purposes of
    this subsection, the term ``Member'' includes any Delegate or
    Resident Commissioner.

    SEC. 163.\127\ REPORTS.

      (a) Annual Report on Trade Agreements Program and National
    Trade Policy Agenda.--
    ---------------------------------------------------------------------------
        \127\ 19 U.S.C. 2213. Sec. 1641 of the Omnibus Trade and
    Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1271)
    amended and restated sec. 163.
    ---------------------------------------------------------------------------
              (1) The President shall submit to the Congress during
            each calendar year (but not later than March 1 of that
            year) a report on--
                      (A) the operation of the trade agreements
                    program, and the provision of import relief and
                    adjustment assistance to workers and firms,
                    under this Act during the preceding calendar
                    year; and
                      (B) the national trade policy agenda for the
                    year in which the report is submitted.
              (2) The report shall include, with respect to the
            matters referred to in paragraph (1)(A), information
            regarding--
                      (A) new trade negotiations;
                      (B) changes made in duties and nontariff
                    barriers and other distortions of trade of the
                    United States;
                      (C) reciprocal concessions obtained;
                      (D) changes in trade agreements (including
                    the incorporation therein of actions taken for
                    import relief and compensation provided
                    therefor);
                      (E) the extension or withdrawal of
                    nondiscriminatory treatment by the United
                    States with respect to the products of foreign
                    countries;
                      (F) the extension, modification, withdrawal,
                    suspension, or limitation of preferential
                    treatment to exports of developing countries;
                      (G) the results of actions to obtain the
                    removal of foreign trade restrictions
                    (including discriminatory restrictions) against
                    United States exports and the removal of
                    foreign practices which discriminate against
                    United States service industries (including
                    transportation and tourism) and investment;
                      (H) the measures being taken to seek the
                    removal of other significant foreign import
                    restrictions;
                      (I) each of the referrals made under section
                    141(d)(1)(B) and any action taken with respect
                    to such referral;
                      (J) other information relating to the trade
                    agreements program and to the agreements
                    entered into thereunder; and
                      (K) the number of applications filed for
                    adjustment assistance for workers and firms,
                    the number of such applications which were
                    approved, and the extent to which adjustment
                    assistance has been provided under such
                    approved applications.
              (3)(A) The national trade policy agenda required
            under paragraph (1)(B) for the year in which a report
            is submitted shall be in the form of a statement of--
                      (i) the trade policy objectives and
                    priorities of the United States for the year,
                    and the reasons therefor;
                      (ii) the actions proposed, or anticipated, to
                    be undertaken during the year to achieve such
                    objectives and priorities, including, but not
                    limited to, actions authorized under the trade
                    laws and negotiations with foreign countries;
                      (iii) any proposed legislation necessary or
                    appropriate to achieve any of such objectives
                    or priorities; and
                      (iv) the progress that was made during the
                    preceding year in achieving the trade policy
                    objectives and priorities included in the
                    statement provided for that year under this
                    paragraph.
              (B) The President may separately submit any
            information referred to in subparagraph (A) to the
            Congress in confidence if the President considers
            confidentiality appropriate.
              (C) Before submitting the national trade policy
            agenda for any year, the President shall seek advice
            from the appropriate advisory committees established
            under section 135 and shall consult with the
            appropriate committees of the Congress.
              (D) The United States Trade Representative (hereafter
            referred to in this section as the `Trade
            Representative') and other appropriate officials of the
            United States Government shall consult periodically
            with the appropriate committees of the Congress
            regarding the annual objectives and priorities set
            forth in each national trade policy agenda with respect
            to--
                      (i) the status and results of the actions
                    that have been undertaken to achieve the
                    objectives and priorities; and
                      (ii) any development which may require, or
                    result in, changes to any of such objectives or
                    priorities.
      (b) Annual Trade Projection Report.--
              (1) In order for the Congress to be informed of the
            impact of foreign trade barriers and macroeconomic
            factors on the balance of trade of the United States,
            the Trade Representative and the Secretary of the
            Treasury shall jointly prepare and submit to the
            Committee on Finance of the Senate and the Committee on
            Ways and Means of the House of Representatives
            (hereafter referred to in this subsection as the
            `Committees') on or before March 1 of each year a
            report which consists of--
                      (A) a review and analysis of--
                              (i) the merchandise balance of trade,
                              (ii) the goods and services balance
                            of trade,
                              (iii) the balance on the current
                            account,
                              (iv) the external debt position,
                              (v) the exchange rates,
                              (vi) the economic growth rates,
                              (vii) the deficit or surplus in the
                            fiscal budget, and
                              (viii) the impact on United States
                            trade of market barriers and other
                            unfair practices,
                    of countries that are major trading partners of
                    the United States, including, as appropriate,
                    groupings of such countries;
                      (B) projections for each of the economic
                    factors described in subparagraph (A) (except
                    those described in clauses (v) and (viii)) for
                    each of the countries and groups of countries
                    referred to in subparagraph (A) for the year in
                    which the report is submitted and for the
                    succeeding year; and
                      (C) conclusions and recommendations, based
                    upon the projections referred to in
                    subparagraph (B), for policy changes, including
                    trade policy, exchange rate policy, fiscal
                    policy, and other policies that should be
                    implemented to improve the outlook.
              (2) To the extent that subjects referred to in
            paragraph (1) (A), (B), or (C) are covered in the
            national trade policy agenda required under subsection
            (a)(1)(B) or in other reports required by this Act or
            other law, the Trade Representative and the Secretary
            of the Treasury may, as appropriate, draw on the
            information, analysis, and conclusions, if any, in
            those reports for the purposes of preparing the report
            required by this subsection.
              (3) The Trade Representative and the Secretary of the
            Treasury shall consult with the Chairman of the Board
            of Governors of the Federal Reserve System in the
            preparation of each report required under this
            subsection.
              (4) The Trade Representative and the Secretary of the
            Treasury may separately submit any information,
            analysis, or conclusion referred to in paragraph (1) to
            the Committees in confidence if the Trade
            Representative and the Secretary consider
            confidentiality appropriate.
              (5) After submission of each report required under
            paragraph (1), the Trade Representative and the
            Secretary of the Treasury shall consult with each of
            the Committees with respect to the report.
      (c) ITC Reports.--The United States International Trade
    Commission shall submit to the Congress, at least once a year,
    a factual report on the operation of the trade agreements
    program.

         Chapter 7--United States International Trade Commission \128\

    SEC. 171.\129\ CHANGE OF NAME OF TARIFF COMMISSION.

        (a) The United States Tariff Commission (established by
    section 330 of the Tariff Act of 1930) is renamed as the United
    States International Trade Commission.
    ---------------------------------------------------------------------------
        \128\ For the most part, ch. 7 contained amendments to secs. 330
    through 333 of the Tariff Act of 1930. For the text of these amendments
    and other material relating to the U.S. International Trade Commission,
    see page 423.
        \129\ 19 U.S.C. 2231.
    ---------------------------------------------------------------------------
        (b) Any reference in any law of the United States, or in
    any order, rule, regulation, or other document, to the United
    States Tariff Commission (or the Tariff Commission) shall be
    considered to refer to the United States International Trade
    Commission.
              * * * * * * *

    SEC. 175.\130\ INDEPENDENT BUDGET AND AUTHORIZATION OF APPROPRIATIONS.

        (a)(1) Effective with respect to the fiscal year beginning
    October 1, 1976, for purposes of the Budget and Accounting Act,
    1921 (31 U.S.C. 1 et seq.), estimated expenditures and proposed
    appropriations for the United States International Trade
    Commission shall be transmitted to the President on or before
    October 15 of the year preceding the beginning of each fiscal
    year and shall be included by him in the Budget without
    revision, and the Commission shall not be considered to be a
    department or establishment for purposes of such Act.
    ---------------------------------------------------------------------------
        \130\ 19 U.S.C. 2232.
    ---------------------------------------------------------------------------
        (2) * * *
        (b) * * *
        (c)(1) Paragraph (2) is enacted as an exercise of the
    rulemaking power of the Senate and with full recognition of the
    constitutional right of the Senate to change its rules at any
    time.
        (2) Paragraph 6(a) of rule XVI of the Standing Rules of the
    Senate is amended by adding at the end of the table contained
    therein the following:

    ``COMMITTEE ON FINANCE .................... FOR THE INTERNATIONAL TRADE
                        COMMISSION.''.

     Chapter 8--Identification of Market Barriers and Certain Unfair Trade
                                 Actions \131\

    SEC. 181.\132\,\133\ ESTIMATES OF \134\ BARRIERS TO MARKET
                        ACCESS.
    ---------------------------------------------------------------------------

        \131\ Sec. 1303(c)(1) of Public Law 100-418 (102 Stat. 1181)
    amended the heading for ch. 8 which formerly read ``Barriers to Market
    Access''.
    ---------------------------------------------------------------------------
        (a) National Trade Estimates.--
    ---------------------------------------------------------------------------
        \132\ 19 U.S.C. 2241. Sec. 303(a) of Public Law 98-573 (98 Stat.
    3001) added sec. 181.
        Sec. 302 of the United States-Hong Kong Policy Act of 1992 (Public
    Law 102-383; 106 Stat. 1454) required the report mandated by this
    section to meet the following condition: ``Whenever a report is
    transmitted to the Congress on a country-by-country basis there shall
    be included in such report, where applicable, a separate subreport on
    Hong Kong under the heading of the state that exercises sovereignty
    over Hong Kong.''.
        \133\ See secs. 1203 through 1206 of Public Law 105-277 (19 U.S.C.
    2241 note) relating to trade barriers and the Internet on page 667.
        \134\ Sec. 1304(a)(10) of Public Law 100-418 (102 Stat. 1182)
    struck out ``actions concerning'' in the section heading and inserted
    in lieu thereof ``estimates of''.
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              (1) In general.--For calendar year 1988, and for each
            succeeding calendar year,\135\ the United States Trade
            Representative, through the interagency trade
            organization established pursuant to section 242(a) of
            the Trade Expansion Act of 1962, and with the
            assistance of the interagency advisory committee
            established under section 141(d)(2),\135\ shall--
    ---------------------------------------------------------------------------
        \135\ Sec. 1304(a)(1) of Public Law 100-418 (102 Stat. 1181) struck
    out ``Not later than the date on which the initial report is required
    under subsection (b)(1),'' and inserted in lieu thereof ``For each
    calendar year 1988, and for each succeeding calendar year,''. Sec.
    1304(a)(9) of that Act added the phrase ``and with the assistance of
    the interagency advisory committee established under section
    141(d)(2),''.
    ---------------------------------------------------------------------------
                      (A) identify and analyze acts, polices, or
                    practices of each foreign country \136\ which
                    constitute significant barriers to, or
                    distortions of--
    ---------------------------------------------------------------------------
        \136\ Sec. 1304(a)(2) of Public Law 100-418 (102 Stat. 1181)
    inserted ``of each foreign country''. Sec. 1304(a) also amended sec.
    181(a) by striking out ``and'' at the end of subsec. (a)(1)(A)(ii); by
    striking out the period at the end of subsec. (a)(1)(B) and inserting
    in lieu thereof ``; and''; and by adding at the end of subsec. (a)(1) a
    new subpara. (C).
    ---------------------------------------------------------------------------
                              (i) United States exports of goods or
                            services (including agricultural
                            commodities; and property protected by
                            trademarks, patents, and copyrights
                            exported or licensed by United States
                            persons),\137\
    ---------------------------------------------------------------------------
        \137\ Sec. 1202(1)(A)(i) of Public Law 105-277 (112 Stat 2681-726)
    struck out ``and'' at the end of clause (i).
    ---------------------------------------------------------------------------
                              (ii) foreign direct investment by
                            United States persons, especially if
                            such investment has implications for
                            trade in goods or services; and \138\
    ---------------------------------------------------------------------------
        \138\ Sec. 1202(1)(A)(ii) of Public Law 105-277 (112 Stat 2681-726)
    inserted ``and'' at the end of clause (ii).
    ---------------------------------------------------------------------------
                              (iii) United States electronic
                            commerce,\139\
    ---------------------------------------------------------------------------
        \139\ Sec. 1202(1)(A)(iii) of Public Law 105-277 (112 Stat 2681-
    727) inserted clause (iii).
    ---------------------------------------------------------------------------
                      (B) make an estimate of the trade-distorting
                    impact on United States commerce of any act,
                    policy, or practice identified under
                    subparagraph (A); and \124\
                      (C) \124\ make an estimate, if feasible, of--
                              (i) the value of additional goods and
                            services of the United States,
                              (ii) the value of additional foreign
                            direct investment by United States
                            persons, and
                              (iii) the value of additional United
                            States electronic commerce,
                    that would have been exported to, or invested
                    in, or transacted with,\140\ each foreign
                    country during such calendar year if each of
                    such acts, policies, and practices of such
                    country did not exist.
    ---------------------------------------------------------------------------
        \140\ Sec. 1202 of Public Law 105-277 (112 Stat. 2681-726) inserted
    ``or transacted with'' after ``or invested in''.
    ---------------------------------------------------------------------------
              (2) Certain factors taken into account in making
            analysis and estimate.--In making any analysis or
            estimate under paragraph (1), the Trade Representative
            shall take into account--
                      (A) the relative impact of the act, policy,
                    or practice on United States commerce;
                      (B) the availability of information to
                    document prices, market shares, and other
                    matters necessary to demonstrate the effects of
                    the act, policy, or practice;
                      (C) the extent to which such act, policy, or
                    practice is subject to international agreements
                    to which the United States is a party; \141\
    ---------------------------------------------------------------------------
        \141\ Sec. 1304(a) of Public Law 100-418 (102 Stat. 1181) struck
    out ``and'' at the end of subsec. (a)(2)(C); struck out the period at
    the end of subsec. (a)(2)(D) and inserted in lieu thereof ``; and'';
    and added a new subpara. (E) at the end of subsec. (a)(2).
    ---------------------------------------------------------------------------
                      (D) any advice given through appropriate
                    committees established pursuant to section 135;
                    and \129\
                      (E) \129\ the actual increase in--
                              (i) the value of goods and services
                            of the United States exported to,
                              (ii) the value of foreign direct
                            investment made in, the foreign country
                            during the calendar year for which the
                            estimate under paragraph (1)(C) is
                            made, and
                              (iii) the value of electronic
                            commerce transacted with,\142\
    ---------------------------------------------------------------------------
        \142\ Sec. 1202 of Public Law 105-277 (112 Stat. 2681-726) struck
    out ``and'' at the end of clause (i), inserted ``and'' at the end of
    clause (ii), and inserted clause (iii).
    ---------------------------------------------------------------------------
              (3) Annual revisions and updates.--The Trade
            Representative shall annually revise and update the
            analysis and estimate under paragraph (1).
        (b) Report to Congress.--
              (1) \143\ On or before April 30, 1989, and on or
            before March 31 of each succeeding calendar year, the
            Trade Representative shall submit a report on the
            analysis and estimates made under subsection (a) for
            the calendar year preceding such calendar year (which
            shall be known as the ``National Trade Estimate'') to
            the President, the Committee on Finance of the Senate,
            and appropriate committees of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \143\ Sec. 1304(b) of Public Law 100-418 (102 Stat. 1182) amended
    para. (1), which previously read as follows:
        ``(1) In general.--On or before the date which is one year after
    the date of the enactment of the International Trade and Investment
    Act, and each year thereafter, the Trade Representative shall submit
    the analysis and estimate under subsection (a) to the Committee on Ways
    and Means of the House of Representatives.''.
    ---------------------------------------------------------------------------
              (2) Reports to include information with respect to
            action being taken.--The Trade Representative shall
            include in each report submitted under paragraph (1)
            information with respect to any action taken (or the
            reasons for no action taken) to eliminate any act,
            policy, or practice identified under subsection (a),
            including, but not limited to--
                      (A) any action under section 301,\144\
    ---------------------------------------------------------------------------
        \144\ Sec. 311(a)(1) of Public Law 103-465 (108 Stat. 4938) struck
    out ``or'' at the end of subpara. (A), inserted ``, or'' in lieu of a
    period at the end of subpara. (B), and added a new subpara. (C).
    ---------------------------------------------------------------------------
                      (B) negotiations or consultations with
                    foreign governments, or
                      (C) \144\ a section on foreign
                    anticompetitive practices, the toleration of
                    which by foreign governments is adversely
                    affecting exports of United States goods and
                    services.
              (3) Consultation with congress on trade policy
            priorities.--The Trade Representative shall keep the
            committees described in paragraph (1) currently
            informed with respect to trade policy priorities for
            the purposes of expanding market opportunities. After
            the submission of the report required by paragraph (1),
            the Trade Representative shall also consult
            periodically with, and take into account the views of,
            the committees described in that paragraph regarding
            mans to address the foreign trade barriers identified
            in the report, including the possible initiation of
            investigations under section 302 or other trade
            actions.\145\
    ---------------------------------------------------------------------------
        \145\ Sec. 312 of Public Law 103-465 (108 Stat. 4938) added this
    sentence.
    ---------------------------------------------------------------------------
        (c) Assistance of Other Agencies.--
              (1) Furnishing of information.--The head of each
            department or agency of the executive branch of the
            Government, including any independent agency, is
            authorized and directed to furnish to the Trade
            Representative or to the appropriate agency, upon
            request, such data, reports, and other information as
            is necessary for the Trade Representative to carry out
            his functions under this section. In preparing the
            section of the report required by subsection (b)(2)(C),
            the Trade Representative shall consult in particular
            with the Attorney General.\146\
    ---------------------------------------------------------------------------
        \146\ Sec. 311(a)(2) of Public Law 103-465 (108 Stat. 4938) added
    this sentence.
    ---------------------------------------------------------------------------
              (2) Restrictions on release or use of information.--
            Nothing in this subsection shall authorize the release
            of information to, or the use of information by, the
            Trade Representative in a manner inconsistent with law
            or any procedure established pursuant thereto.
              (3) Personnel and services.--The head of any
            department, agency, or instrumentality of the United
            States may detail such personnel and may furnish such
            services, with or without reimbursement, as the Trade
            Representative may request to assist in carrying out
            his functions.
        (d) \147\ Electronic Commerce.--For purposes of this
    section, the term ``electronic commerce'' has the meaning given
    that term in section 1104(3) of the Internet Tax Freedom Act.
    ---------------------------------------------------------------------------
        \147\ Sec. 1202 of Public Law 105-277 (112 Stat. 2681-727) inserted
    subsec. (d).
    ---------------------------------------------------------------------------

    SEC. 182.\148\ IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE
                        PROTECTION, OR MARKET ACCESS, FOR INTELLECTUAL
                        PROPERTY RIGHTS.

      (a) In General.--By no later than the date that is 30 days
    after the date on which the annual report is submitted to
    Congressional committees under section 181(b), the United
    States Trade Representative (hereafter in this section referred
    to as the ``Trade Representative'') shall identify--
    ---------------------------------------------------------------------------
        \148\ 19 U.S.C. 2242. Sec. 1303(b) of Public Law 100-418 (102 Stat.
    1179) added sec. 182.
        Sec. 852 of the National Defense Authorization Act for Fiscal Years
    1990 and 1991 (Public Law 101-189; 103 Stat. 1517), as amended by
    Public Law 101-510 (104 Stat. 1668), provided the following:
    ---------------------------------------------------------------------------

    ``procurement from countries that deny adequate and effective protection of
    intellectual property rights
    ---------------------------------------------------------------------------

        ``(a) Sense of Congress.--It is the sense of Congress that it
    should be a very important consideration in the procurement of
    property, services, or technology by the Department of Defense whether
    such procurement is from any person or any country which has been
    identified by the United States Trade Representative, on the advice of
    the Commissioner of Patents and Trademarks in the Department of
    Commerce and the Register of Copyrights, pursuant to section 182(a)(2)
    of the Trade Act of 1974 (19 U.S.C. 2242) as denying adequate and
    effective market access to United States persons that rely upon
    intellectual property protection.''.
    ---------------------------------------------------------------------------
              (1) those foreign countries that--
                      (A) deny adequate and effective protection of
                    intellectual property rights, or
                      (B) deny fair and equitable market access to
                    United States persons that rely upon
                    intellectual property protection, and
              (2) those foreign countries identified under
            paragraph (1) that are determined by the Trade
            Representative to be priority foreign countries.\149\
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        \149\ In an annual notice published on May 13, 2005 (70 F.R.
    25645), the United States Trade Representative identified 52 trading
    partners that as of April 29, 2005 denied ``adequate and effective
    protection of intellectual property or deny fair and equitable market
    access to United States artists and industries that rely upon
    intellectual property protection.'' In addition, the notice announced
    the results of the out-of-cycle review for China, stating that a
    multiple element determination had been made. Ukraine was identified as
    a ``Priority Foreign Country'', and Paraguay was designated for
    ``Section 306 monitoring'' under the 2004 Memorandum of Understanding
    regarding intellectual property agreements.
        Fourteen trading partners were placed on the ``Priority Watch
    List'': Argentina, Brazil, China, Egypt, India, Indonesia, Israel,
    Kuwait, Lebanon, Pakistan, the Philippines, Russia, Turkey, and
    Venezuela. Thirty-six countries were placed on the special 301 ``Watch
    List'': Azerbaijan, Bahamas, Belarus, Belize, Bolivia, Bulgaria,
    Canada, Chile, Colombia, Costa Rica, Croatia, Dominican Republic,
    Ecuador, European Union, Guatemala, Hungary, Italy, Jamaica,
    Kazakhstan, Republic of Korea, Latvia, Lithuania, Malaysia, Mexico,
    Peru, Poland, Romania, Saudi Arabia, Slovakia, Taiwan, Tajikistan,
    Thailand, Turkmenistan, Uruguay, Uzbekistan, and Vietnam. Out-of-cycle
    reviews will also be conducted for Canada, Indonesia, the Philippines,
    Russia, Saudi Arabia, and Ukraine.
    ---------------------------------------------------------------------------
      (b) Special Rules for Identifications.--
              (1) In identifying priority foreign countries under
            subsection (a)(2), the Trade Representative shall only
            identify those foreign countries--
                      (A) that have the most onerous or egregious
                    acts, policies, or practices that--
                              (i) deny adequate and effective
                            intellectual property rights, or
                              (ii) deny fair and equitable market
                            access to United States persons that
                            rely upon intellectual property
                            protection,
                      (B) whose acts, policies, or practices
                    described in subparagraph (A) have the greatest
                    adverse impact (actual or potential) on the
                    relevant United States products, and
                      (C) that are not--
                              (i) entering into good faith
                            negotiations, or
                              (ii) making significant progress in
                            bilateral or multilateral negotiations,
                    to provide adequate and effective protection of
                    intellectual property rights.
              (2) In identifying priority foreign countries under
            subsection (a)(2), the Trade Representative shall--
                      (A) consult with the Register of Copyrights,
                    the Under Secretary of Commerce for
                    Intellectual Property and Director of the
                    United States Patent and Trademark Office,\150\
                    other appropriate officers of the Federal
                    Government, and
    ---------------------------------------------------------------------------
        \150\ Sec. 4732(b)(8) of Public Law 106-113 (113 Stat. 1501A-584)
    struck out ``Commissioner of Patents and Trademarks'' in sec.
    182(b)(2)(A) and inserted in lieu thereof ``Under Secretary of Commerce
    for Intellectual Property and Director of the United States Patent and
    Trademark Office''.
    ---------------------------------------------------------------------------
                      (B) take into account information from such
                    sources as may be available to the Trade
                    Representative and such information as may be
                    submitted to the Trade Representative by
                    interested persons, including information
                    contained in reports submitted under section
                    181(b) and petitions submitted under section
                    302.
              (3) The Trade Representative may identify a foreign
            country under subsection (a)(1)(B) only if the Trade
            Representative finds that there is a factual basis for
            the denial of fair and equitable market access as a
            result of the violation of international law or
            agreement, or the existence of barriers, referred to in
            subsection (d)(3).
              (4) \151\ In identifying foreign countries under
            paragraphs (1) and (2) of subsection (a), the Trade
            Representative shall take into account--
    ---------------------------------------------------------------------------
        \151\ Sec. 313(1) of Public Law 103-465 (108 Stat. 4938) added
    para. (4).
    ---------------------------------------------------------------------------
                      (A) the history of intellectual property laws
                    and practices of the foreign country, including
                    any previous identifications under subsection
                    (a)(2), and
                      (B) the history of efforts of the United
                    States, and the response of the foreign
                    country, to achieve adequate and effective
                    protection and enforcement of intellectual
                    property rights.
      (c) Revocations and Additional Identifications.--
              (1) The Trade Representative may at any time--
                      (A) revoke the identification of any foreign
                    country as a priority foreign country under
                    this section, or
                      (B) identify any foreign country as a
                    priority foreign country under this section,
            if information available to the Trade Representative
            indicates that such action is appropriate.
              (2) The Trade Representative shall include in the
            semiannual report submitted to the Congress under
            section 309(3) a detailed explanation of the reasons
            for the revocation under paragraph (1) of the
            identification of any foreign country as a priority
            foreign country under this section.
      (d) Definitions.--For purposes of this section--
              (1) The term ``persons that rely upon intellectual
            property protection'' means persons involved in--
                      (A) the creation, production or licensing of
                    works of authorship (within the meaning of
                    sections 102 and 103 of title 17, United States
                    Code) that are copyrighted, or
                      (B) the manufacture of products that are
                    patented or for which there are process
                    patents.
              (2) A foreign country denies adequate and effective
            protection of intellectual property rights if the
            foreign country denies adequate and effective means
            under the laws of the foreign country for persons who
            are not citizens or nationals of such foreign country
            to secure, exercise, and enforce rights relating to
            patents, process patents, registered trademarks,
            copyrights and mask works.
              (3) \152\ A foreign country denies fair and equitable
            market access if the foreign country effectively denies
            access to a market for a product protected by a
            copyright or related right, patent, trademark, mask
            work, trade secret, or plant breeder's right, through
            the use of laws, procedures, practices, or regulations
            which--
    ---------------------------------------------------------------------------
        \152\ Sec. 313(2)(A) of Public Law 103-465 (108 Stat. 4939) amended
    and restated para. (3), which previously read as follows:
        ``(3) A foreign country denies fair and equitable market access if
    the foreign country effectively denies access to a market for a product
    protected by a copyright, patent, or process patent through the use of
    laws, procedures, practices, or regulations which--''.
    ---------------------------------------------------------------------------
                      (A) violate provisions of international law
                    or international agreements to which both the
                    United States and the foreign country are
                    parties, or
                      (B) constitute discriminatory nontariff trade
                    barriers.
              (4) \153\ A foreign country may be determined to deny
            adequate and effective protection of intellectual
            property rights, notwithstanding the fact that the
            foreign country may be in compliance with the specific
            obligations of the Agreement on Trade-Related Aspects
            of Intellectual Property Rights referred to in section
            101(d)(15) of the Uruguay Round Agreements Act.
    ---------------------------------------------------------------------------
        \153\ Sec. 313(2)(B) of Public Law 103-465 (108 Stat. 4939) added
    para. (4).
    ---------------------------------------------------------------------------
      (e) Publication.--The Trade Representative shall publish in
    the Federal Register a list of foreign countries identified
    under subsection (a) and shall make such revisions to the list
    as may be required by reason of action under subsection (c).
        (f) \154\ Special Rule for Actions Affecting United States
    Cultural Industries.--
    ---------------------------------------------------------------------------
        \154\ Sec. 513 of the NAFTA Implementation Act (Public Law 103-182;
    107 Stat. 2156) added subsec. (f).
    ---------------------------------------------------------------------------
              (1) In general.--By no later than the date that is 30
            days after the date on which the annual report is
            submitted to Congressional committees under section
            181(b), the Trade Representative shall identify any
            act, policy, or practice of Canada which--
                      (A) affects cultural industries,
                      (B) is adopted or expanded after December 17,
                    1992, and
                      (C) is actionable under article 2106 of the
                    North American Free Trade Agreement.
              (2) Special rules for identifications.--For purposes
            of section 302(b)(2)(A), an act, policy, or practice
            identified under this subsection shall be treated as an
            act, policy, or practice that is the basis for
            identification of a country under subsection (a)(2),
            unless the United States has already taken action
            pursuant to article 2106 of the North American Free
            Trade Agreement in response to such act, policy, or
            practice. In deciding whether to identify an act,
            policy, or practice under paragraph (1), the Trade
            Representative shall--
                      (A) consult with and take into account the
                    views of representatives of the relevant
                    domestic industries, appropriate committees
                    established pursuant to section 135, and
                    appropriate officers of the Federal Government,
                    and
                      (B) take into account the information from
                    such sources as may be available to the Trade
                    Representative and such information as may be
                    submitted to the Trade Representative by
                    interested persons, including information
                    contained in reports submitted under section
                    181(b).
              (3) Cultural industries.--For purposes of this
            subsection, the term `cultural industries' means
            persons engaged in any of the following activities:
                      (A) The publication, distribution, or sale of
                    books, magazines, periodicals, or newspapers in
                    print or machine readable form but not
                    including the sole activity of printing or
                    typesetting any of the foregoing.
                      (B) The production, distribution, sale, or
                    exhibition of film or video recordings.
                      (C) The production, distribution, sale, or
                    exhibition of audio or video music recordings.
                      (D) The publication, distribution, or sale of
                    music in print or machine readable form.
                      (E) Radio communications in which the
                    transmissions are intended for direct reception
                    by the general public, and all radio,
                    television, and cable broadcasting undertakings
                    and all satellite programming and broadcast
                    network services.
        (g) \155\ Annual Report.--The Trade Representative shall,
    by not later than the date by which countries are identified
    under subsection (a), transmit to the Committee on Ways and
    Means of the House of Representatives and the Committee on
    Finance of the Senate, a report on actions taken under this
    section during the 12 months preceding such report, and the
    reasons for such actions, including a description of progress
    made in achieving improved intellectual property protection and
    market access for persons relying on intellectual property
    rights.
    ---------------------------------------------------------------------------
        \155\ Sec. 313(3) of Public Law 103-465 (108 Stat. 4939) added
    subsec. (g).
    ---------------------------------------------------------------------------

           TITLE II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

     Chapter 1--Positive Adjustment by Industries Injured by Imports \156\

    SEC. 201.\157\ ACTION TO FACILITATE POSITIVE ADJUSTMENT TO IMPORT
                        COMPETITION.

      (a) Presidential Action.--If the United States International
    Trade Commission (hereinafter referred to in this chapter as
    the ``Commission'') determines under section 202(b) that an
    article is being imported into the United States in such
    increased quantities as to be a substantial cause of serious
    injury, or the threat thereof, to the domestic industry
    producing an article like or directly competitive with the
    imported article, the President, in accordance with this
    chapter, shall take all appropriate and feasible action within
    his power which the President determines will facilitate
    efforts by the domestic industry to make a positive adjustment
    to import competition and provide greater economic and social
    benefits than costs.
    ---------------------------------------------------------------------------
        \156\ Sec. 1401(a) of Public Law 100-418 (102 Stat. 1225) amended
    and restated ch. 1 of title II and added new secs. 201 through 204. In
    addition, sec. 1401(c) of that Act stated the following:
        ``(c) Effective Date.--The amendments made by subsections (a) and
    (b) shall take effect on the date of the enactment of this Act and
    shall apply with respect to investigations initiated under chapter 1 of
    title II of the Trade Act of 1974 on or after that date. Any petition
    filed under section 201 of such chapter before such date of enactment,
    and with respect to which the United States International Trade
    Commission did not make a finding before such date with respect to
    serious injury or the threat thereof, may be withdrawn and refiled,
    without prejudice, by the petitioner under section 202(a) of such
    chapter (as amended by this section).''.
        \157\ 19 U.S.C. 2251.
    ---------------------------------------------------------------------------
      (b) Positive Adjustment to Import Competition.--
              (1) For purposes of this chapter, a positive
            adjustment to import competition occurs when--
                      (A) the domestic industry--
                              (i) is able to compete successfully
                            with imports after actions taken under
                            section 204 terminate, or
                              (ii) the domestic industry
                            experiences an orderly transfer of
                            resources to other productive pursuits;
                            and
                      (B) dislocated workers in the industry
                    experience an orderly transition to productive
                    pursuits.
              (2) The domestic industry may be considered to have
            made a positive adjustment to import competition even
            though the industry is not of the same size and
            composition as the industry at the time the
            investigation was initiated under section 202(b).

    SEC. 202.\158\ INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDATIONS BY
                        COMMISSION.

      (a) Petitions and Adjustment Plans.--
    ---------------------------------------------------------------------------
        \158\ 19 U.S.C. 2252.
    ---------------------------------------------------------------------------
              (1) A petition requesting action under this chapter
            for the purpose of facilitating positive adjustment to
            import competition may be filed with the Commission by
            an entity, including a trade association, firm,
            certified or recognized union, or group of workers,
            which is representative of an industry.
              (2) A petition under paragraph (1)--
                      (A) shall include a statement describing the
                    specific purposes for which action is being
                    sought, which may include facilitating the
                    orderly transfer of resources to more
                    productive pursuits, enhancing competitiveness,
                    or other means of adjustment to new conditions
                    of competition; and
                      (B) may--
                              (i) subject to subsection
                            (d)(1)(C)(i), request provisional
                            relief under subsection (d)(1); or
                              (ii) request \159\ provisional relief
                            under subsection (d)(2).
    ---------------------------------------------------------------------------
        \159\ Sec. 303(1) of Public Law 103-465 (108 Stat. 4937) struck out
    ``, or at any time before the 150th day after the date of filing be
    amended to request,'' after ``request''.
    ---------------------------------------------------------------------------
              (3) Whenever a petition is filed under paragraph (1),
            the Commission shall promptly transmit copies of the
            petition to the Office of the United States Trade
            Representative and other Federal agencies directly
            concerned.
              (4) A petitioner under paragraph (1) may submit to
            the Commission and the United States Trade
            Representative (hereafter in this chapter referred to
            as the ``Trade Representative''), either with the
            petition, or at any time within 120 days after the date
            of filing of the petition, a plan to facilitate
            positive adjustment to import competition.
              (5)(A) Before submitting an adjustment plan under
            paragraph (4), the petitioner and other entities
            referred to in paragraph (1) that wish to participate
            may consult with the Trade Representative and the
            officers and employees of any Federal agency that is
            considered appropriate by the Trade Representative, for
            purposes of evaluating the adequacy of the proposals
            being considered for inclusion in the plan in relation
            to specific actions that may be taken under this
            chapter.
              (B) A request for any consultation under subparagraph
            (A) must be made to the Trade Representative. Upon
            receiving such a request, the Trade Representative
            shall confer with the petitioner and provide such
            assistance, including publication of appropriate notice
            in the Federal Register, as may be practicable in
            obtaining other participants in the consultation. No
            consultation may occur under subparagraph (A) unless
            the Trade Representative, or his delegate, is in
            attendance.
              (6)(A) In the course of any investigation under
            subsection (b), the Commission shall seek information
            (on a confidential basis, to the extent appropriate) on
            actions being taken, or planned to be taken, or both,
            by firms and workers in the industry to make a positive
            adjustment to import competition.
              (B) Regardless whether an adjustment plan is
            submitted under paragraph (4) by the petitioner, if the
            Commission makes an affirmative determination under
            subsection (b), any--
                      (i) firm in the domestic industry;
                      (ii) certified or recognized union or group
                    of workers in the domestic industry;
                      (iii) State or local community;
                      (iv) trade association representing the
                    domestic industry; or
                      (v) any other person or group of persons,
            may, individually, submit to the Commission commitments
            regarding actions such persons and entities intend to
            take to facilitate positive adjustment to import
            competition.
              (7) Nothing in paragraphs (5) and (6) may be
            construed to provide immunity under the antitrust laws.
              (8) \160\ The procedures concerning the release of
            confidential business information set forth in section
            332(g) of the Tariff Act of 1930 shall apply with
            respect to information received by the Commission in
            the course of investigations conducted under this
            chapter, part 1 of title III of the North American Free
            Trade Agreement Implementation Act, title II of the
            United States-Jordan Free Trade Area Implementation
            Act, title III of the United States-Chile Free Trade
            Agreement Implementation Act, title III of the United
            States-Singapore Free Trade Agreement Implementation
            Act, title III of the United States-Australia Free
            Trade Agreement Implementation Act, title III of the
            United States-Morocco Free Trade Agreement
            Implementation Act, title III of the Dominican
            Republic-Central America-United States Free Trade
            Agreement Implementation Act, and title III of the
            United States-Bahrain Free Trade Agreement
            Implementation Act.\161\ The Commission may request
            that parties providing confidential business
            information furnish nonconfidential summaries thereof
            or, if such parties indicate that the information in
            the submission cannot be summarized, the reasons why a
            summary cannot be provided. If the Commission finds
            that a request for confidentiality is not warranted and
            if the party concerned is either unwilling to make the
            information public or to authorize its disclosure in
            generalized or summarized form, the Commission may
            disregard the submission.\162\
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        \160\ Sec. 317(b) of the NAFTA Implementation Act (Public Law 103-
    182; 107 Stat. 2108) added para. (8).
        \161\ Sec. 222 of the United States-Jordan Free Trade Area
    Implementation Act (Public Law 107-43; 115 Stat. 250) inserted the
    reference to title II of the United States-Jordan Free Trade Area
    Implementation Act. Sec. 316 of the United States-Chile Free Trade
    Agreement Implementation Act (Public Law 108-77; 117 Stat. 937)
    inserted the reference to title III of the United States-Chile Free
    Trade Agreement Implementation Act. Sec. 316 of the United States-
    Singapore Free Trade Agreement Implementation Act (Public Law 108-78;
    117 Stat. 967) inserted the reference to title III of the United
    States-Singapore Free Trade Agreement Implementation Act. Sec. 316 of
    the United States-Australia Free Trade Agreement Implementation Act
    (Public Law 108-286; 118 Stat. 945) inserted the reference to title III
    of the United States-Australia Free Trade Agreement Implementation Act.
    Sec. 316 of the United States-Morocco Free Trade Agreement
    Implementation Act (Public Law 108-302; 118 Stat. 1121) inserted the
    reference to title III of the United States-Morocco Free Trade
    Agreement Implementation Act. Sec. 316 of the Dominican Republic-
    Central America-United States Free Trade Agreement Implementation Act
    (Public Law 109-53; 119 Stat. 492) inserted the reference to title III
    of the Dominican Republic-Central America-United States Free Trade
    Agreement Implementation Act. Sec. 316 of the United States-Bahrain
    Free Trade Agreement Implementation Act (Public Law 109-169; 119 Stat.
    3597) inserted the reference to title III of the United States-Bahrain
    Free Trade Agreement Implementation Act.
        \162\ Sec. 301(a) of Public Law 103-465 (108 Stat. 4932) added the
    latter two sentences to para. (8).
    ---------------------------------------------------------------------------
      (b) Investigations and Determinations by Commission.--
              (1)(A) Upon the filing of a petition under subsection
            (a),\163\ the request of the President or the Trade
            Representative, the resolution of either the Committee
            on Ways and Means of the House of Representatives or
            the Committee on Finance of the Senate, or on its own
            motion, the Commission shall promptly make an
            investigation to determine whether an article is being
            imported into the United States in such increased
            quantities as to be a substantial cause of serious
            injury, or the threat thereof, to the domestic industry
            producing an article like or directly competitive with
            the imported article.
    ---------------------------------------------------------------------------
        \163\ Sec. 303(2) of Public Law 103-465 (108 Stat. 4937) struck out
    ``(b)'' and inserted in lieu thereof ``(a)''.
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              (B) For purposes of this section, the term
            ``substantial cause'' means a cause which is important
            and not less than any other cause.
              (2)(A) Except as provided in subparagraph (B), the
            Commission shall make the determination under paragraph
            (1) within 120 days (180 days if the petition alleges
            that critical circumstances exist) \164\ after the date
            on which the petition is filed, the request or
            resolution is received, or the motion is adopted, as
            the case may be.
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        \164\ Sec. 301(d)(2)(A)(i) of Public Law 103-465 (108 Stat. 4933)
    inserted ``(180 days if the petition alleges that critical
    circumstances exist)'' after ``120 days''.
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              (B) If before the 100th day after a petition is filed
            under subsection (a)(1) the Commission determines that
            the investigation is extraordinarily complicated, the
            Commission shall make the determination under paragraph
            (1) within 150 days (210 days if the petition alleges
            that critical circumstances exist) \165\ after the date
            referred to in subparagraph (A).
    ---------------------------------------------------------------------------
        \165\ Sec. 301(d)(2)(A)(ii) of Public Law 103-465 (108 Stat. 4933)
    inserted ``(210 days if the petition alleges that critical
    circumstances exist)'' after ``150 days''.
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              (3) \166\ The Commission shall publish notice of the
            commencement of any proceeding under this subsection in
            the Federal Register and shall, within a reasonable
            time thereafter, hold public hearings at which the
            Commission shall afford interested parties and
            consumers an opportunity to be present, to present
            evidence, to comment on the adjustment plan, if any,
            submitted under subsection (a), to respond to the
            presentations of other parties and consumers, and
            otherwise to be heard.
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        \166\ Sec. 301(c) of Public Law 103-465 (108 Stat. 4933) struck out
    paras. (3) and (4) and inserted in lieu thereof a new para. (3).
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      (c) Factors Applied in Making Determinations.--
              (1) In making determinations under subsection (b),
            the Commission shall take into account all economic
            factors which it considers relevant, including (but not
            limited to)--
                      (A) with respect to serious injury--
                              (i) the significant idling of
                            productive facilities in the domestic
                            industry,
                              (ii) the inability of a significant
                            number of firms to carry out domestic
                            production operations at a reasonable
                            level of profit, and
                              (iii) significant unemployment or
                            underemployment within the domestic
                            industry;
                      (B) with respect to threat of serious
                    injury--
                              (i) a decline in sales or market
                            share, a higher and growing inventory
                            (whether maintained by domestic
                            producers, importers, wholesalers, or
                            retailers), and a downward trend in
                            production, profits, wages,
                            productivity,\167\ or employment (or
                            increasing underemployment) in the
                            domestic industry,
    ---------------------------------------------------------------------------
        \167\ Sec. 301(e)(1) of Public Law 103-465 (108 Stat. 4934)
    inserted ``productivity'' after ``wages''.
    ---------------------------------------------------------------------------
                              (ii) the extent to which firms in the
                            domestic industry are unable to
                            generate adequate capital to finance
                            the modernization of their domestic
                            plants and equipment, or are unable to
                            maintain existing levels of
                            expenditures for research and
                            development,
                              (iii) the extent to which the United
                            States market is the focal point for
                            the diversion of exports of the article
                            concerned by reason of restraints on
                            exports of such article to, or on
                            imports of such article into, third
                            country markets; and
                      (C) with respect to substantial cause, an
                    increase in imports (either actual or relative
                    to domestic production) and a decline in the
                    proportion of the domestic market supplied by
                    domestic producers.
              (2) In making determinations under subsection (b),
            the Commission shall--
                      (A) consider the condition of the domestic
                    industry over the course of the relevant
                    business cycle, but may not aggregate the
                    causes of declining demand associated with a
                    recession or economic downturn in the United
                    States economy into a single cause of serious
                    injury or threat of injury; and
                      (B) examine factors other than imports which
                    may be a cause of serious injury, or threat of
                    serious injury, to the domestic industry.
            The Commission shall include the results of its
            examination under subparagraph (B) in the report
            submitted by the Commission to the President under
            subsection (e).
              (3) The presence or absence of any factor which the
            Commission is required to evaluate in subparagraphs (A)
            and (B) of paragraph (1) is not necessarily dispositive
            of whether an article is being imported into the United
            States in such increased quantities as to be a
            substantial cause of serious injury, or the threat
            thereof, to the domestic industry.
              (4) For purposes of subsection (b), in determining
            the domestic industry producing an article like or
            directly competitive with an imported article, the
            Commission--
                      (A) to the extent information is available,
                    shall, in the case of a domestic producer which
                    also imports, treat as part of such domestic
                    industry only its domestic production;
                      (B) may, in the case of a domestic producer
                    which produces more than one article, treat as
                    part of such domestic industry only that
                    portion or subdivision of the producer which
                    produces the like or directly competitive
                    article; and
                      (C) may, in the case of one or more domestic
                    producers which produce a like or directly
                    competitive article in a major geographic area
                    of the United States and whose production
                    facilities in such area for such article
                    constitute a substantial portion of the
                    domestic industry in the United States and
                    primarily serve the market in such area, and
                    where the imports are concentrated in such
                    area, treat as such domestic industry only that
                    segment of the production located in such area.
              (5) In the course of any proceeding under this
            subsection, the Commission shall investigate any factor
            which in its judgment may be contributing to increased
            imports of the article under investigation. Whenever in
            the course of its investigation the Commission has
            reason to believe that the increased imports are
            attributable in part to circumstances which come within
            the purview of subtitles A and B of title VII or
            section 337 of the Tariff Act of 1930, or other
            remedial provisions of law, the Commission shall
            promptly notify the appropriate agency so that such
            action may be taken as is otherwise authorized by such
            provisions of law.
              (6) For purposes of this section: \168\
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        \168\ Sec. 303(5) of Public Law 103-465 (108 Stat. 4937) struck out
    ``subsection'' and inserted in lieu thereof ``section''.
    ---------------------------------------------------------------------------
                      (A) \169\ (i) The term ``domestic industry''
                    means, with respect to an article, the
                    producers as a whole of the like or directly
                    competitive article or those producers whose
                    collective production of the like or directly
                    competitive article constitutes a major
                    proportion of the total domestic production of
                    such article.
    ---------------------------------------------------------------------------
        \169\ Sec. 301(e)(2)(A) of Public Law 103-465 (108 Stat. 4934)
    amended and restated subpara. (A), which formerly read as follows:
         ``(A) The term ``domestic industry'' includes producers located in
    the United States insular possession.''.
    ---------------------------------------------------------------------------
                      (ii) The term ``domestic industry'' includes
                    producers located in the United States insular
                    possessions.
                      (B) The term ``significant idling of
                    productive facilities'' includes the closing of
                    plants or the underutilization of production
                    capacity.
                      (C) \170\ The term ``serious injury'' means a
                    significant overall impairment in the position
                    of a domestic industry.
    ---------------------------------------------------------------------------
        \170\ Sec. 301(e)(2)(B) of Public Law 103-465 (108 Stat. 4934)
    added subparas. (C) and (D).
    ---------------------------------------------------------------------------
                      (D) \152\ The term ``threat of serious
                    injury'' means serious injury that is clearly
                    imminent.
      (d) Provisional Relief.--
              (1)(A) An entity representing a domestic industry
            that produces a perishable agricultural product or
            citrus product \158\ that is like or directly
            competitive with an imported perishable agricultural
            product or citrus product \171\ may file a request with
            the Trade Representative for the monitoring of imports
            of that product under subparagraph (B). Within 21 days
            after receiving the request, the Trade Representative
            shall determine if--
    ---------------------------------------------------------------------------
        \171\ Sec. 315(1) of the NAFTA Implementation Act (Public Law 103-
    182; 107 Stat. 2107) inserted ``or citrus product'' after
    ``agricultural product'' each place it appears in para. (1)(A).
    ---------------------------------------------------------------------------
                      (i) the imported product is a perishable
                    agricultural product or citrus product; \158\
                    and
                      (ii) there is a reasonable indication that
                    such product is being imported into the United
                    States in such increased quantities as to be,
                    or likely to be, a substantial cause of serious
                    injury, or the threat thereof, to such domestic
                    industry.
              (B) If the determinations under subparagraph (A) (i)
            and (ii) are affirmative, the Trade Representative
            shall request, under section 332(g) of the Tariff Act
            of 1930, the Commission to monitor and investigate the
            imports concerned for a period not to exceed 2 years.
            The monitoring and investigation may include the
            collection and analysis of information that would
            expedite an investigation under subsection (b).
              (C) If a petition filed under subsection (a)--
                      (i) alleges injury from imports of a
                    perishable agricultural product or citrus
                    product \172\ that has been, on the date the
                    allegation is included in the petition, subject
                    to monitoring by the Commission under
                    subparagraph (B) \173\ for not less than 90
                    days; and
    ---------------------------------------------------------------------------
        \172\ Sec. 315(2) of the NAFTA Implementation Act (Public Law 103-
    182; 107 Stat. 2108) inserted ``or citrus product''.
        \173\ Sec. 303(3)(A) of Public Law 103-465 (108 Stat. 4937) struck
    out ``paragraph (2)'' and inserted in lieu thereof ``subparagraph
    (B)''.
    ---------------------------------------------------------------------------
                      (ii) requests that provisional relief be
                    provided under this subsection with respect to
                    such imports;
            the Commission shall, not later than the 21st day after
            the day on which the request was filed, make a
            determination, on the basis of available information,
            whether increased imports (either actual or relative to
            domestic production) of the perishable agricultural
            product or citrus product \172\ are a substantial cause
            of serious injury, or the threat thereof, to the
            domestic industry producing a like or directly
            competitive perishable product or citrus product,\172\
            and whether either--
                              (I) the serious injury is likely to
                            be difficult to repair by reason of
                            perishability of the like or directly
                            competitive agricultural product; or
                            citrus product \172\ or
                              (II) the serious injury cannot be
                            timely prevented through investigation
                            under subsection (b) and action under
                            section 203.
              (D) At the request of the Commission, the Secretary
            of Agriculture shall promptly provide to the Commission
            any relevant information that the Department of
            Agriculture may have for purposes of making
            determinations and findings under this subsection.
              (E) Whenever the Commission makes an affirmative
            preliminary determination under subparagraph (C), the
            Commission shall find the amount or extent of
            provisional relief that is necessary to prevent or
            remedy the serious injury.\174\ In carrying out this
            subparagraph, the Commission shall give preference to
            increasing or imposing a duty on imports, if such form
            of relief is feasible and would prevent or remedy the
            serious injury.\174\
    ---------------------------------------------------------------------------
        \174\ Sec. 303(3)(B) of Public Law 103-465 (108 Stat. 4937) struck
    out ``or threat thereof'' in subparas. (E) and (G).
    ---------------------------------------------------------------------------
              (F) The Commission shall immediately report to the
            President its determination under subparagraph (C) and,
            if the determination is affirmative, the finding under
            subparagraph (E).
              (G) Within 7 days after receiving a report from the
            Commission under subparagraph (F) containing an
            affirmative determination, the President, if he
            considers provisional relief to be warranted and after
            taking into account the finding of the Commission under
            subparagraph (E), shall proclaim such provisional
            relief that the President considers necessary to
            prevent or remedy the serious injury.\174\
              (2) \175\ (A) When a petition filed under subsection
            (a) alleges that critical circumstances exist and
            requests that provisional relief be provided under this
            subsection with respect to imports of the article
            identified in the petition, the Commission shall, not
            later than 60 days after the petition containing the
            request was filed, determine, on the basis of available
            information, whether--
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        \175\ Sec. 301(d)(1) of Public Law 103-465 (108 Stat. 4932) amended
    and restated para. (2).
    ---------------------------------------------------------------------------
                      (i) there is clear evidence that increased
                    imports (either actual or relative to domestic
                    production) of the article are a substantial
                    cause of serious injury, or the threat thereof,
                    to the domestic industry producing an article
                    like or directly competitive with the imported
                    article; and
                      (ii) delay in taking action under this
                    chapter would cause damage to that industry
                    that would be difficult to repair.
              (B) If the determinations under subparagraph (A)(i)
            and (ii) are affirmative, the Commission shall find the
            amount or extent of provisional relief that is
            necessary to prevent or remedy the serious injury. In
            carrying out this subparagraph, the Commission shall
            give preference to increasing or imposing a duty on
            imports, if such form of relief is feasible and would
            prevent or remedy the serious injury.
              (C) The Commission shall immediately report to the
            President its determinations under subparagraph (A)(i)
            and (ii) and, if the determinations are affirmative,
            the finding under subparagraph (B).
              (D) Within 30 days after receiving a report from the
            Commission under subparagraph (C) containing an
            affirmative determination under subparagraph (A)(i) and
            (ii), the President, if he considers provisional relief
            to be warranted and after taking into account the
            finding of the Commission under subparagraph (B), shall
            proclaim, for a period not to exceed 200 days, such
            provisional relief that the President considers
            necessary to prevent or remedy the serious injury. Such
            relief shall take the form of an increase in, or the
            imposition of, a duty on imports, if such form of
            relief is feasible and would prevent or remedy the
            serious injury.
              (3) If provisional relief is proclaimed under
            paragraph (1)(G) or (2)(D) \176\ in the form of an
            increase, or the imposition of, a duty, the President
            shall order the suspension of liquidation of all
            imported articles subject to the affirmative
            determination under paragraph (1)(C) or paragraph
            (2)(A),\177\ as the case may be, that are entered, or
            withdrawn from warehouse for consumption, on or after
            the date of the determination.
    ---------------------------------------------------------------------------
        \176\ Sec. 301(d)(4)(A)(i) of Public Law 103-465 (108 Stat. 4934)
    struck out ``(2)(B)'' and inserted in lieu thereof ``(2)(D)''.
        \177\ Sec. 301(d)(4)(A)(ii) of Public Law 103-465 (108 Stat. 4934)
    struck out ``subsection (b)(1),'' and inserted in lieu thereof
    ``paragraph (2)(A)''.
    ---------------------------------------------------------------------------
              (4)(A) Any provisional relief implemented under this
            subsection with respect to an imported article shall
            terminate on the day on which--
                      (i) if such relief was proclaimed under
                    paragraph (1)(G) or (2)(D),\178\ the Commission
                    makes a negative determination under subsection
                    (b) \179\ regarding injury or the threat
                    thereof by imports of such article;
    ---------------------------------------------------------------------------
        \178\ Sec. 301(d)(4)(B) of Public Law 103-465 (108 Stat. 4934)
    inserted ``or (2)(D)'' after ``(1)(G)''.
        \179\ Sec. 303(4) of Public Law 103-465 (108 Stat. 4937) struck out
    ``203(a)'' and inserted in lieu thereof ``202(b)''. Sec. 20(c)(5) of
    Public Law 104-295 (110 Stat. 3528) subsequently struck out ``section
    202(b)'' and inserted in lieu thereof ``subsection (b)''.
    ---------------------------------------------------------------------------
                      (ii) action described in section 203(a)(3)
                    (A) or (C) takes effect under section 203 with
                    respect to such article;
                      (iii) a decision by the President not to take
                    any action under section 203(a) with respect to
                    such article becomes final; or
                      (iv) whenever the President determines that,
                    because of changed circumstances, such relief
                    is no longer warranted.
              (B) Any suspension of liquidation ordered under
            paragraph (3) with respect to an imported article shall
            terminate on the day on which provisional relief is
            terminated under subparagraph (A) with respect to the
            article.
              (C) If an increase in, or the imposition of, a duty
            that is proclaimed under section 203 on an imported
            article is different from a duty increase or imposition
            that was proclaimed for such an article under this
            section, then the entry of any such article for which
            liquidation was suspended under paragraph (3) shall be
            liquidated at whichever of such rates of duty is lower.
              (D) If provisional relief in the form of an increase
            in, or the imposition of, a duty is proclaimed under
            this section with respect to an imported article and
            neither a duty increase nor a duty imposition is
            proclaimed under section 203 regarding such article,
            the entry of any such article for which liquidation was
            suspended under paragraph (3) may be liquidated at the
            rate of duty that applied before provisional relief was
            provided.
              (5) For purposes of this subsection:
                      (A) \180\ The term ``citrus product'' means
                    any processed oranges or grapefruit, or any
                    orange or grapefruit juice including
                    concentrate.
    ---------------------------------------------------------------------------
        \180\ Sec. 315 of the NAFTA Implementation Act (Public Law 103-182;
    107 Stat. 2108) redesignated subparas. (A) and (B) as (B) and (C), and
    inserted a new subpara. (A).
    ---------------------------------------------------------------------------
                      (B) \180\ A perishable agricultural product
                    is any agricultural article, including
                    livestock, regarding which the Trade
                    Representative considers action under this
                    section to be appropriate after taking into
                    account--
                              (i) whether the article has--
                                      (I) a short shelf life,
                                      (II) a short growing season,
                                    or
                                      (III) a short marketing
                                    period,
                              (ii) whether the article is treated
                            as a perishable product under any other
                            Federal law or regulation; and
                              (iii) any other factor considered
                            appropriate by the Trade
                            Representative.
                    The presence or absence of any factor which the
                    Trade Representative is required to take into
                    account under clause (i), (ii), or (iii) is not
                    necessarily dispositive of whether an article
                    is a perishable agricultural product.
                      (C) \180\ The term ``provisional relief''
                    means--
                              (i) any increase in, or imposition
                            of, any duty;
                              (ii) any modification or imposition
                            of any quantitative restriction on the
                            importation of an article into the
                            United States; or
                              (iii) any combination of actions
                            under clauses (i) and (ii).
      (e) Commission Recommendations.--
              (1) If the Commission makes an affirmative
            determination under subsection (b)(1), the Commission
            shall also recommend the action that would address the
            serious injury, or threat thereof, to the domestic
            industry and be most effective in facilitating the
            efforts of the domestic industry to make a positive
            adjustment to import competition.
              (2) The Commission is authorized to recommend under
            paragraph (1)--
                      (A) an increase in, or the imposition of, any
                    duty on the imported article;
                      (B) a tariff-rate quota on the article;
                      (C) a modification or imposition of any
                    quantitative restriction on the importation of
                    the article into the United States;
                      (D) one or more appropriate adjustment
                    measures, including the provision of trade
                    adjustment assistance under chapter 2; or
                      (E) any combination of the actions described
                    in subparagraphs (A) through (D).
              (3) The Commission shall specify the type, amount,
            and duration of the action recommended by it under
            paragraph (1). The limitations set forth in section
            203(e) are applicable to the action recommended by the
            Commission.
              (4) In addition to the recommendation made under
            paragraph (1), the Commission may also recommend that
            the President--
                      (A) initiate international negotiations to
                    address the underlying cause of the increase in
                    imports of the article or otherwise to
                    alleviate the injury or threat; or
                      (B) implement any other action authorized
                    under law that is likely to facilitate positive
                    adjustment to import competition.
              (5) For purposes of making its recommendation under
            this subsection, the Commission shall--
                      (A) after reasonable notice, hold a public
                    hearing at which all interested parties shall
                    be provided an opportunity to present testimony
                    and evidence; and
                      (B) take into account--
                              (i) the form and amount of action
                            described in paragraph (2) (A), (B),
                            and (C) that would prevent or remedy
                            the injury or threat thereof,
                              (ii) the objectives and actions
                            specified in the adjustment plan, if
                            any, submitted under subsection (a)(4),
                              (iii) any individual commitment that
                            was submitted to the Commission under
                            subsection (a)(6),
                              (iv) any information available to the
                            Commission concerning the conditions of
                            competition in domestic and world
                            markets, and likely developments
                            affecting such conditions during the
                            period for which action is being
                            requested, and
                              (v) whether international
                            negotiations may be constructive to
                            address the injury or threat thereof or
                            to facilitate adjustment.
              (6) Only those members of the Commission who agreed
            to the affirmative determination under subsection (b)
            are eligible to vote on the recommendation required to
            be made under paragraph (1) or that may be made under
            paragraph (3). Members of the Commission who did not
            agree to the affirmative determination may submit, in
            the report required under subsection (f), separate
            views regarding what action, if any, should be taken
            under section 203.
      (f) Report by Commission.--
              (1) The Commission shall submit to the President a
            report on each investigation undertaken under
            subsection (b). The report shall be submitted at the
            earliest practicable time, but not later than 180 days
            (240 days if the petition alleges that critical
            circumstances exist) \181\ after the date on which the
            petition is filed, the request or resolution is
            received, or the motion is adopted, as the case may be.
    ---------------------------------------------------------------------------
        \181\ Sec. 301(d)(2)(B) of Public Law 103-465 (108 Stat. 4933)
    inserted ``(240 days if the petition alleges that critical
    circumstances exist)'' after ``180 days''.
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              (2) The Commission shall include in the report
            required under paragraph (1) the following:
                      (A) The determination made under subsection
                    (b) and an explanation of the basis for the
                    determination.
                      (B) If the determination under subsection (b)
                    is affirmative, the recommendations for action
                    made under subsection (e) and an explanation of
                    the basis for each recommendation.
                      (C) Any dissenting or separate views by
                    members of the Commission regarding the
                    determination and any recommendation referred
                    to in subparagraphs (A) and (B).
                      (D) The findings required to be included in
                    the report under subsection (c)(2).
                      (E) A copy of the adjustment plan, if any,
                    submitted under section 201(b)(4).
                      (F) Commitments submitted, and information
                    obtained, by the Commission regarding steps
                    that firms and workers in the domestic industry
                    are taking, or plan to take, to facilitate
                    positive adjustment to import competition.
                      (G) A description of--
                              (i) the short- and long-term effects
                            that implementation of the action
                            recommended under subsection (e) is
                            likely to have on the petitioning
                            domestic industry, on other domestic
                            industries, and on consumers, and
                              (ii) the short- and long-term effects
                            of not taking the recommended action on
                            the petitioning domestic industry, its
                            workers and the communities where
                            production facilities of such industry
                            are \182\ located, and on other
                            domestic industries.
    ---------------------------------------------------------------------------
        \182\ Sec. 303(6) of Public Law 103-465 (108 Stat. 4937) struck out
    ``is'' and inserted in lieu thereof ``are''.
    ---------------------------------------------------------------------------
              (3) The Commission, after submitting a report to the
            President under paragraph (1), shall promptly make it
            available to the public (with the exception of the
            confidential information obtained under section
            202(a)(6)(B) and any other information which the
            Commission determines to be confidential) and cause a
            summary thereof to be published in the Federal
            Register.
      (g) Expedited Consideration of Adjustment Assistance
    Petitions.--If the Commission makes an affirmative
    determination under subsection (b)(1), the Commission shall
    promptly notify the Secretary of Labor and the Secretary of
    Commerce of the determination. After receiving such
    notification--
              (1) the Secretary of Labor shall give expedited
            consideration to petitions by workers in the domestic
            industry for certification for eligibility to apply for
            adjustment assistance under chapter 2; and
              (2) the Secretary of Commerce shall give expedited
            consideration to petitions by firms in the domestic
            industry for certification of eligibility to apply for
            adjustment assistance under chapter 3.
      (h) Limitations on Investigations.--
              (1) Except for good cause determined by the
            Commission to exist, no investigation for the purposes
            of this section shall be made with respect to the same
            subject matter as a previous investigation under this
            chapter, unless 1 year has elapsed since the Commission
            made its report to the President of the results of such
            previous investigation.
              (2) \183\ No new investigation shall be conducted
            with respect to an article that is or has been the
            subject of an action under section 203(a)(3)(A), (B),
            (C), or (E) if the last day on which the President
            could take action under section 203 in the new
            investigation is a date earlier than that permitted
            under section 203(e)(7).
    ---------------------------------------------------------------------------
        \183\ Sec. 302(b)(4)(B) of Public Law 103-465 (108 Stat. 4936)
    amended and restated subsec. (h)(2).
    ---------------------------------------------------------------------------
              (3) \184\ (A) Not later than the date on which the
            Textiles Agreement enters into force with respect to
            the United States, the Secretary of Commerce shall
            publish in the Federal Register a list of all articles
            that are subject to the Textiles Agreement. An
            investigation may be conducted under this section
            concerning imports of any article that is subject to
            the Textiles Agreement only if the United States has
            integrated that article into GATT 1994 pursuant to the
            Textiles Agreement, as set forth in notices published
            in the Federal Register by the Secretary of Commerce,
            including the notice published under section 331 of the
            Uruguay Round Agreements Act.
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        \184\ Sec. 301(f) of Public Law 103-465 (108 Stat. 4934) added
    para. (3).
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              (B) For purposes of this paragraph:
                      (i) The term ``Textiles Agreement'' means the
                    Agreement on Textiles and Clothing referred to
                    in section 101(d)(4) of the Uruguay Round
                    Agreements Act.
                      (ii) The term ``GATT 1994'' has the meaning
                    given that term in section 2(1)(B) of the
                    Uruguay Round Agreements Act.
        (i) \185\ Limited Disclosure of Confidential Business
    Information Under Protective Order.--The Commission shall
    promulgate regulations to provide access to confidential
    business information under protective order to authorized
    representatives of interested parties who are parties to an
    investigation under this section.
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        \185\ Sec. 301(b) of Public Law 103-465 (108 Stat. 4932) added
    subsec. (i).
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    SEC. 203.\186\ ACTION BY PRESIDENT AFTER DETERMINATION OF IMPORT
                        INJURY.

      (a) In General.--
    ---------------------------------------------------------------------------
        \186\ 19 U.S.C. 2253.
    ---------------------------------------------------------------------------
              (1)(A) After receiving a report under section 202(f)
            containing an affirmative finding regarding serious
            injury, or the threat thereof, to a domestic industry,
            the President shall take all appropriate and feasible
            action within his power which the President determines
            will facilitate efforts by the domestic industry to
            make a positive adjustment to import competition and
            provide greater economic and social benefits than
            costs.
              (B) The action taken by the President under
            subparagraph (A) shall be to such extent, and for such
            duration, subject to subsection (e)(1), that the
            President determines to be appropriate and feasible
            under such subparagraph.
              (C) The interagency trade organization established
            under section 242(a) of the Trade Expansion Act of 1962
            shall, with respect to each affirmative determination
            reported under section 202(f), make a recommendation to
            the President as to what action the President should
            take under subparagraph (A).
              (2) In determining what action to take under
            paragraph (1), the President shall take into account--
                      (A) the recommendation and report of the
                    Commission;
                      (B) 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;
                      (C) the efforts being made, or to be
                    implemented, by the domestic industry
                    (including the efforts included in any
                    adjustment plan or commitment submitted to the
                    Commission under section 202(a)) \187\ to make
                    a positive adjustment to import competition;
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        \187\ Sec. 303(7) of Public Law 103-465 (108 Stat. 4937) struck out
    ``201(b)'' and inserted in lieu thereof ``202(a)''.
    ---------------------------------------------------------------------------
                      (D) the probable effectiveness of the actions
                    authorized under paragraph (3) to facilitate
                    positive adjustment to import competition;
                      (E) the short- and long-term economic and
                    social costs of the actions authorized under
                    paragraph (3) relative to their short- and
                    long-term economic and social benefits and
                    other considerations relative to the position
                    of the domestic industry in the United States
                    economy;
                      (F) other factors related to the national
                    economic interest of the United States,
                    including, but not limited to--
                              (i) the economic and social costs
                            which would be incurred by taxpayers,
                            communities, and workers if import
                            relief were not provided under this
                            chapter,
                              (ii) the effect of the implementation
                            of actions under this section on
                            consumers and on competition in
                            domestic markets for articles, and
                              (iii) the impact on United States
                            industries and firms as a result of
                            international obligations regarding
                            compensation;
                      (G) the extent to which there is diversion of
                    foreign exports to the United States market by
                    reason of foreign restraints;
                      (H) the potential for circumvention of any
                    action taken under this section;
                      (I) the national security interests of the
                    United States; and
                      (J) the factors required to be considered by
                    the Commission under section 202(e)(5).
              (3) The President may, for purposes of taking action
            under paragraph (1)--
                      (A) proclaim an increase in, or the
                    imposition of, any duty on the imported
                    article;
                      (B) proclaim a tariff-rate quota on the
                    article;
                      (C) proclaim a modification or imposition of
                    any quantitative restriction on the importation
                    of the article into the United States;
                      (D) implement one or more appropriate
                    adjustment measures, including the provision of
                    trade adjustment assistance under chapter 2;
                      (E) negotiate, conclude, and carry out \188\
                    agreements with foreign countries limiting the
                    export from foreign countries and the import
                    into the United States of such article;
    ---------------------------------------------------------------------------
        \188\ Sec. 302(a)(1) of Public Law 103-465 (108 Stat. 4934) struck
    out ``orderly marketing'' after ``carry out''.
    ---------------------------------------------------------------------------
                      (F) proclaim procedures necessary to allocate
                    among importers by the auction of import
                    licenses quantities of the article that are
                    permitted to be imported into the United
                    States;
                      (G) initiate international negotiations to
                    address the underlying cause of the increase in
                    imports of the article or otherwise to
                    alleviate the injury or threat thereof;
                      (H) submit to Congress legislative proposals
                    to facilitate the efforts of the domestic
                    industry to make a positive adjustment to
                    import competition;
                      (I) take any other action which may be taken
                    by the President under the authority of law and
                    which the President considers appropriate and
                    feasible for purposes of paragraph (1); and
                      (J) take any combination of actions listed in
                    subparagraphs (A) through (I).
              (4)(A) Subject to subparagraph (B), the \189\
            President shall take action under paragraph (1) within
            60 days (50 days if the President has proclaimed
            provisional relief under section 202(d)(2)(D) with
            respect to the article concerned) \190\ after receiving
            a report from the Commission containing an affirmative
            determination under section 202(b)(1) (or a
            determination under such section which he considers to
            be an affirmative determination by reason of section
            330(d) of the Tariff Act of 1930).\191\
    ---------------------------------------------------------------------------
        \189\ Sec. 301(d)(3)(A) of Public Law 103-465 (108 Stat. 4933)
    struck out ``The'' and inserted in lieu thereof ``(A) Subject to
    subparagraph (B), the''.
        \190\ Sec. 301(d)(3)(B) of Public Law 103-465 (108 Stat. 4933)
    inserted ``(50 days if the President has proclaimed provisional relief
    under section 202(d)(2)(D) with respect to the article concerned)''
    after ``60 days''.
        \191\ Sec. 301(d)(3)(C) of Public Law 103-465 (108 Stat. 4933)
    struck out ``; except that if a supplemental report is requested under
    paragraph (5), the President shall take action under paragraph (1)
    within 30 days after the supplemental report is received.'', closed the
    sentence with a period, and added subpara. (B).
    ---------------------------------------------------------------------------
              (B) \191\ If a supplemental report is requested under
            paragraph (5), the President shall take action under
            paragraph (1) within 30 days after the supplemental
            report is received, except that, in a case in which the
            President has proclaimed provisional relief under
            section 202(d)(2)(D) with respect to the article
            concerned, action by the President under paragraph (1)
            may not be taken later than the 200th day after the
            provisional relief was proclaimed.
              (5) The President may, within 15 days after the date
            on which he receives a report from the Commission
            containing an affirmative determination under section
            202(b)(1), request additional information from the
            Commission. The Commission shall, as soon as
            practicable but in no event more than 30 days after the
            date on which it receives the President's request,
            furnish additional information with respect to the
            industry in a supplemental report.
      (b) Reports to Congress.--
              (1) On the day the President takes action under
            subsection (a)(1), the President shall transmit to
            Congress a document describing the action and the
            reasons for taking the action. If the action taken by
            the President differs from the action required to be
            recommended by the Commission under section 202(e)(1),
            the President shall state in detail the reasons for the
            difference.
              (2) On the day on which the President decides that
            there is no appropriate and feasible action to take
            under subsection (a)(1) with respect to a domestic
            industry, the President shall transmit to Congress a
            document that sets forth in detail the reasons for the
            decision.
              (3) On the day on which the President takes any
            action under subsection (a)(1) that is not reported
            under paragraph (1), the President shall transmit to
            Congress a document setting forth the action being
            taken and the reasons therefor.
      (c) Implementation of Action Recommended by Commission.--If
    the President reports under subsection (b)(1) or (2) that--
              (1) the action taken under subsection (a)(1) differs
            from the action recommended by the Commission under
            section 202(e)(1); or
              (2) no action will be taken under subsection (a)(1)
            with respect to the domestic industry;
    the action recommended by the Commission shall take effect (as
    provided in subsection (d)(2)) \192\ upon the enactment of a
    joint resolution described in section 152(a)(1)(A) within the
    90-day period beginning on the date on which the document
    referred to in subsection (b)(1) or (2) is transmitted to the
    Congress.
    ---------------------------------------------------------------------------
        \192\ Sec. 303(8) of Public Law 103-465 (108 Stat. 4937) struck out
    ``(c)(2)'' and inserted in lieu thereof ``(d)(2)''.
    ---------------------------------------------------------------------------
      (d) Time for Taking Effect of Certain Relief.--
              (1) Except as provided in paragraph (2), any action
            described in subsection (a)(3)(A), (B), or (C), that is
            taken under subsection (a)(1) shall take effect within
            15 days after the day on which the President proclaims
            the action, unless the President announces, on the date
            he decides to take such action, his intention to
            negotiate one or more agreements described in
            subsection (a)(3)(E) \193\ in which case the action
            under subsection (a)(3)(A), (B), or (C) shall be
            proclaimed and take effect within 90 days after the
            date of such decision.
    ---------------------------------------------------------------------------
        \193\ Sec. 302(a)(2) of Public Law 103-465 (108 Stat. 4934) struck
    out ``orderly marketing agreements'' and inserted in lieu thereof
    ``agreements described in subsection (a)(3)(E)''.
    ---------------------------------------------------------------------------
              (2) If the contingency set forth in subsection (c)
            occurs, the President shall, within 30 days after the
            date of the enactment of the joint resolution referred
            to in such subsection, proclaim the action recommended
            by the Commission under section 202(e)(1).
      (e) Limitations on Actions.--
              (1) \194\ (A) Subject to subparagraph (B), the
            duration of the period in which an action taken under
            this section may be in effect shall not exceed 4 years.
            Such period shall include the period, if any, in which
            provisional relief under section 202(d) was in effect.
    ---------------------------------------------------------------------------
        \194\ Sec. 302(b)(1) of Public Law 103-465 (108 Stat. 4935) amended
    and restated subsec. (e)(1).
    ---------------------------------------------------------------------------
              (B)(i) Subject to clause (ii), the President, after
            receiving an affirmative determination from the
            Commission under section 204(c) (or, if the Commission
            is equally divided in its determination, a
            determination which the President considers to be an
            affirmative determination of the Commission), may
            extend the effective period of any action under this
            section if the President determines that--
                      (I) the action continues to be necessary to
                    prevent or remedy the serious injury; and
                      (II) there is evidence that the domestic
                    industry is making a positive adjustment to
                    import competition.
              (ii) The effective period of any action under this
            section, including any extensions thereof, may not, in
            the aggregate, exceed 8 years.
              (2) Action of a type described in subsection
            (a)(3)(A), (B), or (C) may be taken under subsection
            (a)(1), under section 202(d)(1)(G), or under section
            202(d)(2)(D) \195\ only to the extent the cumulative
            impact of such action does not exceed the amount
            necessary to prevent or remedy the serious injury.\196\
    ---------------------------------------------------------------------------
        \195\ Sec. 303(9)(A) of Public Law 103-465 (108 Stat. 4937) struck
    out ``may be taken under subsection (a)(1)(A), (B), or (C) or under
    section 202(d)(2)(B)'' and inserted in lieu thereof ``of a type
    described in subsection (a)(3)(A), (B), or (C) may be taken under
    subsection (a)(1), under section 202(d)(1)(G), or under section
    202(d)(2)(D)''.
        \196\ Sec. 303(9)(B) of Public Law 103-465 (108 Stat. 4937) struck
    out ``or threat thereof''.
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              (3) No action may be taken under this section which
            would increase a rate of duty to (or impose a rate)
            which is more than 50 percent ad valorem above the rate
            (if any) existing at the time the action is taken.
              (4) \197\ Any action taken under this section
            proclaiming a quantitative restriction shall permit the
            importation of a quantity or value of the article which
            is not less than the average quantity or value of such
            article entered into the United States in the most
            recent 3 years that are representative of imports of
            such article and for which data are available, unless
            the President finds that the importation of a different
            quantity or value is clearly justified in order to
            prevent or remedy the serious injury.
    ---------------------------------------------------------------------------
        \197\ Sec. 302(b)(2) of Public Law 103-465 (108 Stat. 4935) amended
    and restated subsec. (e)(4).
    ---------------------------------------------------------------------------
              (5) \198\ An action described in subsection
            (a)(3)(A), (B), or (C) that has an effective period of
            more than 1 year shall be phased down at regular
            intervals during the period in which the action is in
            effect.
    ---------------------------------------------------------------------------
        \198\ Sec. 302(b)(3) of Public Law 103-465 (108 Stat. 4936) amended
    and restated subsec. (e)(5).
    ---------------------------------------------------------------------------
              (6)(A) The suspension, pursuant to any action taken
            under this section, of--
                      (i) subheadings 9802.00.60 or subheadings
                    9802.00.80 of the Harmonized Tariff Schedule of
                    the United States \199\ with respect to an
                    article; and
    ---------------------------------------------------------------------------
        \199\ The text to this point beginning with ``subheadings . . .''
    was inserted in lieu of ``item 806.30 or 807.00 of the Tariff Schedules
    of the United States'', by sec. 1214(j)(2) of Public Law 100-418 (102
    Stat. 1158), as amended by sec. 9001(a)(2)(B) of Public Law 100-647
    (102 Stat. 3342).
    ---------------------------------------------------------------------------
                      (ii) the designation of any article as an
                    eligible article for purposes of title V;
            shall be treated as an increase in duty.
              (B) No proclamation providing for a suspension
            referred to in subparagraph (A) with respect to any
            article may be made by the President, nor may any such
            suspension be recommended by the Commission under
            section 202(e),\187\ unless the Commission, in addition
            to making an affirmative determination under section
            202(b)(1), determines in the course of its
            investigation under section 202(b) \200\ that the
            serious injury, or threat thereof, substantially caused
            by imports to the domestic industry producing a like or
            directly competitive article results from, as the case
            may be--
    ---------------------------------------------------------------------------
        \200\ Sec. 303(10) of Public Law 103-465 (108 Stat. 4937) struck
    out ``203(c)'' and inserted in lieu thereof ``202(e)''; and struck out
    ``203(a)'' and inserted in lieu thereof ``202(b)''.
    ---------------------------------------------------------------------------
                      (i) \201\ the application of subheading
                    9802.00.60 or subheading 9802.00.80 of the
                    Harmonized Tariff Schedule of the United
                    States; \202\ or
    ---------------------------------------------------------------------------
        \201\ Sec. 9001(a) of Public Law 100-647 (102 Stat. 3342)
    substituted ``(i)'' and ``(ii)'' in lieu of ``(A)'' and ``(B)'' which
    previously appeared at these points.
        \202\ The text to this point beginning with ``subheading . . .''
    was inserted in lieu of ``item 806.30 or 807.00'', by sec. 1214(j)(2)
    of Public Law 100-418 (102 Stat. 1158), as amended by sec.
    9001(a)(12(B) of Public Law 100-647 (102 Stat. 3342).
    ---------------------------------------------------------------------------
                      (ii) \201\ the designation of the article as
                    an eligible article for the purposes of title
                    V.
              (7) \203\ (A) If an article was the subject of an
            action under subparagraph (A), (B), (C), or (E) of
            subsection (a)(3), no new action may be taken under any
            of those subparagraphs with respect to such article
            for--
    ---------------------------------------------------------------------------
        \203\ Sec. 302(b)(4)(A) of Public Law 103-465 (108 Stat. 4936)
    added a new para. (7).
    ---------------------------------------------------------------------------
                      (i) a period beginning on the date on which
                    the previous action terminates that is equal to
                    the period in which the previous action was in
                    effect, or
                      (ii) a period of 2 years beginning on the
                    date on which the previous action terminates,
            whichever is greater.
              (B) Notwithstanding subparagraph (A), if the previous
            action under subparagraph (A), (B), (C), or (E) of
            subsection (a)(3) with respect to an article was in
            effect for a period of 180 days or less, the President
            may take a new action under any of those subparagraphs
            with respect to such article if--
                      (i) at least 1 year has elapsed since the
                    previous action went into effect; and
                      (ii) an action described in any of those
                    subparagraphs has not been taken with respect
                    to such article more than twice in the 5-year
                    period immediately preceding the date on which
                    the new action with respect to such article
                    first becomes effective.
      (f) \204\ Certain Agreements.--
    ---------------------------------------------------------------------------
        \204\ Sec. 302(a)(3)(A) of Public Law 103-465 (108 Stat. 4935)
    struck out ``Orderly Marketing and Other'' in the subsection heading
    and inserted in lieu thereof ``Certain''.
    ---------------------------------------------------------------------------
              (1) If the President takes action under this section
            other than the implementation of agreements of the type
            described in subsection (a)(3)(E),\205\ the President
            may, after such action takes effect, negotiate
            agreements of the type described in subsection
            (a)(3)(E),\206\ and may, after such agreements take
            effect, suspend or terminate, in whole or in part, any
            action previously taken.
    ---------------------------------------------------------------------------
        \205\ Sec. 302(a)(3)(B)(i) of Public Law 103-465 (108 Stat. 4935)
    struck out ``orderly marketing agreements'' and inserted in lieu
    thereof ``agreements of the type described in subsection (a)(3)(E)''.
        \206\ Sec. 302(a)(3)(B)(ii) of Public Law 103-465 (108 Stat. 4935)
    struck out ``orderly marketing agreements with foreign countries'' and
    inserted in lieu thereof ``agreements of the type described in
    subsection (a)(3)(E)''.
    ---------------------------------------------------------------------------
              (2) If an agreement implemented under subsection
            (a)(3)(E) \207\ is not effective, the President may,
            consistent with the limitations contained in subsection
            (e), take additional action under subsection (a).
    ---------------------------------------------------------------------------
        \207\ Sec. 302(a)(3)(C) of Public Law 103-465 (108 Stat. 4935)
    struck out ``orderly marketing agreement implemented under subsection
    (a)'' and inserted in lieu thereof ``agreement implemented under
    subsection (a)(3)(E)''.
    ---------------------------------------------------------------------------
      (g) Regulations.--
              (1) The President shall by regulation provide for the
            efficient and fair administration of all actions taken
            for the purpose of providing import relief under this
            chapter.
              (2) In order to carry out an \208\ international
            agreement concluded under this chapter, the President
            may prescribe regulations governing the entry or
            withdrawal from warehouse of articles covered by such
            agreement. In addition, in order to carry out any
            agreement of the type described in subsection (a)(3)(E)
            that is \209\ concluded under this chapter with one or
            more countries accounting for a major part of United
            States imports of the article covered by such
            agreement,\210\ including imports into a major
            geographic area of the United States, the President may
            issue regulations governing the entry or withdrawal
            from warehouse of like articles which are the product
            of countries not parties to such agreement.
    ---------------------------------------------------------------------------
        \208\ Sec. 302(a)(4)(A) of Public Law 103-465 (108 Stat. 4935)
    struck out ``orderly marketing or other'' after ``carry out an''.
        \209\ Sec. 302(a)(4)(B)(i) of Public Law 103-465 (108 Stat. 4935)
    struck out ``orderly marketing agreement'' and inserted in lieu thereof
    ``agreement of the type described in subsection (a)(3)(E) that is''.
        \210\ Sec. 302(a)(4)(B)(ii) of Public Law 103-465 (108 Stat. 4935)
    struck out ``agreements'' and inserted in lieu thereof ``agreement''.
    ---------------------------------------------------------------------------
              (3) Regulations prescribed under this subsection
            shall, to the extent practicable and consistent with
            efficient and fair administration, insure against
            inequitable sharing of imports by a relatively small
            number of the larger importers.

    SEC. 204.\211\ MONITORING, MODIFICATION, AND TERMINATION OF ACTION.

      (a) Monitoring.--
    ---------------------------------------------------------------------------
        \211\ 19 U.S.C. 2254.
    ---------------------------------------------------------------------------
              (1) So long as any action taken under section 203
            remains in effect, the Commission shall monitor
            developments with respect to the domestic industry,
            including the progress and specific efforts made by
            workers and firms in the domestic industry to make a
            positive adjustment to import competition.
              (2) \212\ If the initial period during which the
            action taken under section 203 is in effect exceeds 3
            years, or if an extension of such action exceeds 3
            years, the Commission shall submit a report on the
            results of the monitoring under paragraph (1) to the
            President and to the Congress not later than the date
            that is the mid-point of the initial period, and of
            each such extension, during which the action is in
            effect.
    ---------------------------------------------------------------------------
        \212\ Sec. 302(c)(1) of Public Law 103-465 (108 Stat. 4936) amended
    and restated para. (2).
    ---------------------------------------------------------------------------
              (3) In the course of preparing each report under
            paragraph (2), the Commission shall hold a hearing at
            which interested persons shall be given a reasonable
            opportunity to be present, to produce evidence, and to
            be heard.
              (4) Upon request of the President, the Commission
            shall advise the President of its judgment as to the
            probable economic effect on the industry concerned of
            any \213\ reduction, modification, or termination of
            the action taken under section 203 which is under
            consideration.
    ---------------------------------------------------------------------------
        \213\ Sec. 302(c)(2) of Public Law 103-465 (108 Stat. 4936) struck
    out ``extension'' after ``of any''.
    ---------------------------------------------------------------------------
      (b) Reduction, Modification, and Termination of Action.--
              (1) Action taken under section 203 may be reduced,
            modified, or terminated by the President (but not
            before the President receives the report required under
            subsection (a)(2)(A)) if the President--
                      (A) after taking into account any report or
                    advice submitted by the Commission under
                    subsection (a) and after seeking the advice of
                    the Secretary of Commerce and the Secretary of
                    Labor, determines, on the basis that either--
                              (i) the domestic industry has not
                            made adequate efforts to make a
                            positive adjustment to import
                            competition, or
                              (ii) the effectiveness of the action
                            taken under section 203 has been
                            impaired by changed economic
                            circumstances,
                    that changed circumstances warrant such
                    reduction, or termination; or
                      (B) determines, after a majority of the
                    representatives of the domestic industry
                    submits to the President a petition requesting
                    such reduction, modification, or termination on
                    such basis, that the domestic industry has made
                    a positive adjustment to import competition.
              (2) Notwithstanding paragraph (1), the President is
            authorized to take such additional action under section
            203 as may be necessary to eliminate any circumvention
            of any action previously taken under such section.
              (3) \214\ Notwithstanding paragraph (1), the
            President may, after receipt of a Commission
            determination under section 129(a)(4) of the Uruguay
            Round Agreements Act and consulting with the Committee
            on Ways and Means of the House of Representatives and
            the Committee on Finance of the Senate, reduce, modify,
            or terminate action taken under section 203.
    ---------------------------------------------------------------------------
        \214\ Sec. 129(a)(7) of Public Law 103-465 (108 Stat. 4837) added a
    new para. (3).
    ---------------------------------------------------------------------------
        (c) \215\ Extension of Action.--
    ---------------------------------------------------------------------------
        \215\ Sec. 302(d)(1) and (2) of Public Law 103-465 (108 Stat. 4936)
    redesignated subsecs. (c) and (d) as subsecs. (d) and (e),
    respectively, and added a new subsec. (c). These subsections were
    originally redesignated as subsecs. (c) and (d) by sec. 9001(a)(8) of
    the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-
    647; 102 Stat. 3342).
    ---------------------------------------------------------------------------
              (1) Upon request of the President, or upon petition
            on behalf of the industry concerned filed with the
            Commission not earlier than the date which is 9 months,
            and not later than the date which is 6 months, before
            the date any action taken under section 203 is to
            terminate, the Commission shall investigate to
            determine whether action under section 203 continues to
            be necessary to prevent or remedy serious injury and
            whether there is evidence that the industry is making a
            positive adjustment to import competition.
              (2) The Commission shall publish notice of the
            commencement of any proceeding under this subsection in
            the Federal Register and shall, within a reasonable
            time thereafter, hold a public hearing at which the
            Commission shall afford interested parties and
            consumers an opportunity to be present, to present
            evidence, and to respond to the presentations of other
            parties and consumers, and otherwise to be heard.
              (3) The Commission shall transmit to the President a
            report on its investigation and determination under
            this subsection not later than 60 days before the
            action under section 203 is to terminate, unless the
            President specifies a different date.
      (d) \215\ Evaluation of Effectiveness of Action.--
              (1) After any action taken under section 203 has
            terminated, the Commission shall evaluate the
            effectiveness of the actions in facilitating positive
            adjustment by the domestic industry to import
            competition, consistent with the reasons set out by the
            President in the report submitted to the Congress under
            section 203(b).
              (2) During the course of the evaluation conducted
            under paragraph (1), the Commission shall, after
            reasonable public notice, hold a hearing on the
            effectiveness of the action. All interested persons
            shall have the opportunity to attend such hearing and
            to present evidence or testimony at such hearing.
              (3) A report on the evaluation made under paragraph
            (1) and the hearings held under paragraph (2) shall be
            submitted by the Commission to the President and to the
            Congress by no later than the 180th day after the day
            on which the actions taken under section 203
            terminated.
      (e) \215\ Other Provisions.--
              (1) Action by the President under this chapter may be
            taken without regard to the provisions of section
            126(a) of this Act but only after consideration of the
            relation of such actions to the international
            obligations of the United States.
              (2) If the Commission treats as the domestic industry
            production located in a major geographic area of the
            United States under section 202(c)(4)(C), then the
            President shall take into account the geographic
            concentration of domestic production and of imports in
            that area in taking any action authorized under
            paragraph (1).

                  Chapter 2--Adjustment Assistance for Workers

                   subchapter a--petitions and determinations

    SEC. 221.\216\ PETITIONS.

        (a) \217\ (1) A petition for certification of eligibility
    to apply for adjustment assistance for a group of workers under
    this chapter may be filed simultaneously with the Secretary and
    with the Governor of the State in which such workers' firm or
    subdivision is located by any of the following:
    ---------------------------------------------------------------------------
        \216\ 19 U.S.C. 2271.
        \217\ Sec. 112(a) of the Trade Adjustment Assistance Reform Act of
    2002 (division A of Public Law 107-210; 116 Stat. 937) amended and
    restated subsec. (a). Sec. 151(a) of that Act further provided that
    this amendment shall apply to petitions for certification filed under
    chapter 2 or 3 of title II of the Trade Act of 1974 on or after the
    date that is 90 days after the date of enactment of this amendment.
    Public Law 107-210 was enacted on August 6, 2002. Previously, sec.
    503(a) of the NAFTA Implementation Act (Public Law 103-182; 107 Stat.
    2151) and sec. 13002(a) of Public Law 99-272 (100 Stat. 300) amended
    subsec. (a).
    ---------------------------------------------------------------------------
              (A) The group of workers (including workers in an
            agricultural firm or subdivision of any agricultural
            firm).
              (B) The certified or recognized union or other duly
            authorized representative of such workers.
              (C) Employers of such workers, one-stop operators or
            one-stop partners (as defined in section 101 of the
            Workforce Investment Act of 1998 (29 U.S.C. 2801)),
            including State employment security agencies, or the
            State dislocated worker unit established under title I
            of such Act, on behalf of such workers.
        (2) Upon receipt of a petition filed under paragraph (1),
    the Governor shall--
              (A) ensure that rapid response assistance \218\ and
            appropriate core and intensive services (as described
            in section 134 of the Workforce Investment Act of 1998
            (29 U.S.C. 2864)) authorized under other Federal laws
            are made available to the workers covered by the
            petition to the extent authorized under such laws; and
    ---------------------------------------------------------------------------
        \218\ Sec. 2004(a)(4) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2590) struck out
    a comma that appeared at this point.
    ---------------------------------------------------------------------------
              (B) assist the Secretary in the review of the
            petition by verifying such information and providing
            such other assistance as the Secretary may request.
        (3) Upon receipt of the petition, the Secretary shall
    promptly publish notice in the Federal Register that the
    Secretary has received the petition and initiated an
    investigation.
        (b) If the petitioner, or any other person found by the
    Secretary to have a substantial interest in the proceedings,
    submits not later than 10 days after the date of the
    Secretary's publication under subsection (a) a request for a
    hearing, the Secretary shall provide for a public hearing and
    afford such interested persons an opportunity to be present, to
    produce evidence, and to be heard.

    SEC. 222.\219\ GROUP ELIGIBILITY REQUIREMENTS.

        (a) \220\ In General.--A group of workers (including
    workers in any agricultural firm or subdivision of an
    agricultural firm) shall be certified by the Secretary as
    eligible to apply for adjustment assistance under this chapter
    pursuant to a petition filed under section 221 if the Secretary
    determines that--
    ---------------------------------------------------------------------------
        \219\ 19 U.S.C. 2272.
        \220\ Sec. 113(a)(1)(A) of the Trade Adjustment Assistance Reform
    Act of 2002 (division A of Public Law 107-210; 116 Stat. 937) amended
    and restated subsec. (a). Sec. 151(a) of that Act further provided that
    this amendment shall apply to petitions for certification filed under
    chapter 2 or 3 of title II of the Trade Act of 1974 on or after the
    date that is 90 days after the date of enactment of this amendment.
    Public Law 107-210 was enacted on August 6, 2002. Previously, sec.
    1421(a) of Public Law 100-418 (102 Stat. 1244) and sec. 1421(b) of
    Public Law 100-418 (102 Stat. 1242) had amended subsec. (a).
    ---------------------------------------------------------------------------
              (1) a significant number or proportion of the workers
            in such workers' firm, or an appropriate subdivision of
            the firm, have become totally or partially separated,
            or are threatened to become totally or partially
            separated; and
              (2)(A)(i) the sales or production, or both, of such
            firm or subdivision have decreased absolutely;
              (ii) imports of articles like or directly competitive
            with articles produced by such firm or subdivision have
            increased; and
              (iii) the increase in imports described in clause
            (ii) contributed importantly to such workers'
            separation or threat of separation and to the decline
            in the sales or production of such firm or subdivision;
            or
              (B)(i) there has been a shift in production by such
            workers' firm or subdivision to a foreign country of
            articles like or directly competitive with articles
            which are produced by such firm or subdivision; and
              (ii)(I) the country to which the workers' firm has
            shifted production of the articles is a party to a free
            trade agreement with the United States;
              (II) the country to which the workers' firm has
            shifted production of the articles is a beneficiary
            country under the Andean Trade Preference Act, African
            Growth and Opportunity Act, or the Caribbean Basin
            Economic Recovery Act; or
              (III) there has been or is likely to be an increase
            in imports of articles that are like or directly
            competitive with articles which are or were produced by
            such firm or subdivision.
        (b) \221\ Adversely Affected Secondary Workers.--A group of
    workers (including workers in any agricultural firm or
    subdivision of an agricultural firm) shall be certified by the
    Secretary as eligible to apply for trade adjustment assistance
    benefits under this chapter pursuant to a petition filed under
    section 221 \222\ if the Secretary determines that--
    ---------------------------------------------------------------------------
        \221\ Sec. 113(a)(1)(C) of the Trade Adjustment Assistance Reform
    Act of 2002 (division A of Public Law 107-210; 116 Stat. 938)
    redesignated subsec. (b) as subsec. (c) and inserted a new subsec. (b).
    Sec. 151(a) of that Act further provided that this amendment shall
    apply to petitions for certification filed under chapter 2 or 3 of
    title II of the Trade Act of 1974 on or after the date that is 90 days
    after the date of enactment of this amendment. Public Law 107-210 was
    enacted on August 6, 2002. Sec. 1421(a)(1) of Public Law 100-418 (102
    Stat. 1244) added the original subsec. (b), as redesignated as subsec.
    (c), and deleted the text ``For purposes of paragraph (3), the term
    `contributed importantly' means a cause which is important, but not
    necessarily more important than any other cause.'' which previously
    appeared as the final sentence in subsec. (a).
        \222\ Sec. 2004(a)(5) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2590) made a
    technical correction to the heading of subsec. (b) and inserted
    ``pursuant to a petition filed under section 221''.
    ---------------------------------------------------------------------------
              (1) a significant number or proportion of the workers
            in the workers' firm or an appropriate subdivision of
            the firm have become totally or partially separated, or
            are threatened to become totally or partially
            separated;
              (2) the workers' firm (or subdivision) is a supplier
            or downstream producer to a firm (or subdivision) that
            employed a group of workers who received a
            certification of eligibility under subsection (a), and
            such supply or production is related to the article
            that was the basis for such certification (as defined
            in subsection (c) (3) and (4)); and
              (3) either--
                      (A) the workers' firm is a supplier and the
                    component parts it supplied to the firm (or
                    subdivision) described in paragraph (2)
                    accounted for at least 20 percent of the
                    production or sales of the workers' firm; or
                      (B) a loss of business by the workers' firm
                    with the firm (or subdivision) described in
                    paragraph (2) contributed importantly to the
                    workers' separation or threat of separation
                    determined under paragraph (1).
      (c) \221\ For purposes of this section-- \223\
    ---------------------------------------------------------------------------
        \223\ Sec. 113(b) of the Trade Adjustment Assistance Reform Act of
    2002 (division A of Public Law 107-210; 116 Stat. 938) struck out
    ``subsection (a)(3)'' and inserted in lieu thereof ``this section'',
    and added paras. (3) and (4). Sec. 151(a) of that Act further provided
    that this amendment shall apply to petitions for certification filed
    under ch. 2 or 3 of title II of the Trade Act of 1974 on or after the
    date that is 90 days after the date of enactment of this amendment.
    Public Law 107-210 was enacted on August 6, 2002.
    ---------------------------------------------------------------------------
              (1) The term ``contributed importantly'' means a
            cause which is important but not necessarily more
            important than any other cause.
              (2)(A) Any firm, or appropriate subdivision of a
            firm, that engages in exploration or drilling for oil
            or natural gas shall be considered to be a firm
            producing oil or natural gas.
              (B) Any firm, or appropriate subdivision of a firm,
            that engages in exploration or drilling for oil or
            natural gas, or otherwise produces oil or natural gas,
            shall be considered to be producing articles directly
            competitive with imports of oil and with imports of
            natural gas.
              (3) \223\ Downstream producer.--The term ``downstream
            producer'' means a firm that performs additional,
            value-added production processes for a firm or
            subdivision, including a firm that performs final
            assembly or finishing, directly for another firm (or
            subdivision), for articles that were the basis for a
            certification of eligibility under subsection (a) of a
            group of workers employed by such other firm, if the
            certification of eligibility under subsection (a) is
            based on an increase in imports from, or a shift in
            production to, Canada or Mexico.
              (4) \223\ Supplier.--The term ``supplier'' means a
            firm that produces and supplies directly to another
            firm (or subdivision) component parts for articles that
            were the basis for a certification of eligibility under
            subsection (a) of a group of workers employed by such
            other firm.

    SEC. 223.\224\ DETERMINATIONS BY SECRETARY OF LABOR.

        (a) As soon as possible after the date on which a petition
    is filed under section 221, but in any event not later than 40
    days \225\ after that date, the Secretary shall determine
    whether the petitioning group meets the requirements of section
    222 and shall issue a certification of eligibility to apply
    assistance under this subchapter \226\ covering workers in any
    group which meets such requirements. Each certification shall
    specify the date on which the total or partial separation began
    or threatened to begin.
    ---------------------------------------------------------------------------
        \224\ 19 U.S.C. 2273.
        \225\ Sec. 112(b) of the Trade Adjustment Assistance Reform Act of
    2002 (division A of Public Law 107-210; 116 Stat. 937) struck out ``60
    days'' and inserted in lieu thereof ``40 days''. Sec. 151(a) of that
    Act further provided that this amendment shall apply to petitions for
    certification filed under chapter 2 or 3 of title II of the Trade Act
    of 1974 on or after the date that is 90 days after the date of
    enactment of this amendment. Public Law 107-210 was enacted on August
    6, 2002.
        \226\ Sec. 503(a) of the NAFTA Implementation Act (Public Law 103-
    182; 107 Stat. 2151) struck out ``assistance under this chapter'' and
    inserted in lieu thereof ``assistance under this subchapter''.
    ---------------------------------------------------------------------------
        (b) \227\ A certification under this section shall not
    apply to any worker whose last total or partial separation from
    the firm or appropriate subdivision of the firm before his
    application under section 231 occurred--
    ---------------------------------------------------------------------------
        \227\ Sec. 1421(a)(1)(B) of Public Law 100-418 (102 Stat. 1242)
    stated the following:
        ``(B) Notwithstanding section 223(b) of the Trade Act of 1974, or
    any other provision of law, any certification made under subchapter A
    of chapter 2 of title II of such Act which--
    ---------------------------------------------------------------------------

      ``(i) is made with respect to a petition filed before the date that is 90
    days after the date of enactment of this Act, and

      ``(ii) would not have been made if the amendments made by subparagraph
    (A) had not been enacted into law,

    shall apply to any worker whose most recent total or partial separation
    from the firm, or appropriate subdivision of the firm, described in section
    222(a) of such Act occurs after September 30, 1985.''.

              (1) more than one year before the date of the
            petition on which such certification was granted, or
              (2) more than 6 months before the effective date of
            this chapter.
        (c) Upon reaching his determination on a petition, the
    Secretary shall promptly publish a summary of the determination
    in the Federal Register together with his reasons for making
    such determination.
        (d) Whenever the Secretary determines, with respect to any
    certification of eligibility of the workers of a firm or
    subdivision of the firm, that total or partial separations from
    such firm or subdivision are no longer attributable to the
    conditions specified in section 222, he shall terminate such
    certification and promptly have notice of such termination
    published in the Federal Register together with his reasons for
    making such determination. Such termination shall apply only
    with respect to total or partial separations occurring after
    the termination date specified by the Secretary.

    SEC. 224.\228\ STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE
                        COMMISSION BEGINS INVESTIGATION.

        (a) Whenever the International Trade Commission (hereafter
    referred to in this chapter as the ``Commission'') begins an
    investigation under section 202 \229\ with respect to an
    industry, the Commission shall immediately notify the Secretary
    of such investigation, and the Secretary shall immediately
    begin a study of--
    ---------------------------------------------------------------------------
        \228\ 19 U.S.C. 2274. Sec. 2513(a)(2) of Public Law 97-35 (95 Stat.
    889) struck out ``; action where there is affirmative finding'' from
    the section heading.
        Subsec. (c) of this section, relating to benefit information to
    workers now covered in sec. 225, was repealed by sec. 2513(a)(1) of
    Public Law 97-35 (95 Stat. 889).
        \229\ Sec. 1401(b)(1)(B) of Public Law 100-418 (102 Stat. 1239)
    inserted ``202'' in lieu thereof ``201''.
    ---------------------------------------------------------------------------
              (1) the number of workers in the domestic industry
            producing the like or directly competitive article who
            have been or are likely to be certified as eligible for
            adjustment assistance, and
              (2) the extent to which the adjustment of such
            workers to the import competition may be facilitated
            through the use of existing programs.
        (b) The report of the Secretary of the study under
    subsection (a) shall be made to the President not later than 15
    days after the day on which the Commission makes its report
    under section 202(f).\208\ Upon making his report to the
    President, the Secretary shall also promptly make it public
    (with the exception of information which the Secretary
    determines to be confidential) and shall have a summary of it
    published in the Federal Register.

    SEC. 225.\230\ BENEFIT INFORMATION TO WORKERS.

        (a) The Secretary \231\ shall provide full information to
    workers about the benefit allowances, training, and other
    employment services available under this chapter and about the
    petition and application procedures, and the appropriate filing
    dates, for such allowances, training and services. The
    Secretary shall provide whatever assistance is necessary to
    enable groups of workers to prepare petitions or applications
    for program benefits. The Secretary shall make every effort to
    insure that cooperating State agencies fully comply with the
    agreements entered into under section 239(a) and shall
    periodically review such compliance. The Secretary shall inform
    the State Board for Vocational Education or equivalent agency
    and other public or private agencies, institutions, and
    employers, as appropriate, of each certification issued under
    section 223 and of projections, if available, of the needs for
    training under section 236 as a result of such certification.
    ---------------------------------------------------------------------------
        \230\ 19 U.S.C. 2275. Sec. 2502 of Public Law 97-35 (95 Stat. 881)
    added sec. 225.
        Sec. 125 of the Trade Adjustment Assistance Reform Act of 2002
    (division A of Public Law 107-210; 116 Stat. 946) provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 125. declaration of policy; sense of congress.
    ---------------------------------------------------------------------------

        ``(a) Declaration of Policy.--Congress reiterates that, under the
    trade adjustment assistance program under chapter 2 of title II of the
    Trade Act of 1974, workers are eligible for transportation, childcare,
    and healthcare assistance, as well as other related assistance under
    programs administered by the Department of Labor.
        ``(b) Sense of Congress.--It is the sense of Congress that the
    Secretary of Labor, working independently and in conjunction with the
    States, should, in accordance with section 225 of the Trade Act of
    1974, provide more specific information about benefit allowances,
    training, and other employment services, and the petition and
    application procedures (including appropriate filing dates) for such
    allowances, training, and services, under the trade adjustment
    assistance program under chapter 2 of title II of the Trade Act of 1974
    to workers who are applying for, or are certified to receive,
    assistance under that program, including information on all other
    Federal assistance available to such workers.''.
        \231\ Sec. 1422(1) of Public Law 100-418 (102 Stat. 1244) inserted
    ``(a)'' before ``The Secretary'' and added a new subsec. (b).
        Sec. 1430(e) of Public Law 100-418 (102 Stat. 1257) further stated
    that ``The amendments made by section 1422 shall take effect on the
    date that is 30 days after the date of enactment of this Act.''.
    ---------------------------------------------------------------------------
      (b) \231\ (1) The Secretary shall provide written notice
    through the mail of the benefits available under this chapter
    to each worker whom the Secretary has reason to believe is
    covered by a certification made under subchapter A or
    subchapter D \232\ of this chapter--
    ---------------------------------------------------------------------------
        \232\ Sec. 123(b)(1) of the Trade Adjustment Assistance Reform Act
    of 2002 (division A of Public Law 107-210; 116 Stat. 944) struck out
    ``or subchapter D'' that appeared at this point. Previously, sec.
    503(b) of the NAFTA Implementation Act (Public Law 103-182; 107 Stat.
    2151) had inserted ``or subchapter D'' after ``subchapter A''.
    ---------------------------------------------------------------------------
              (A) at the time such certification is made, if the
            worker was partially or totally separated from the
            adversely affected employment before such
            certification, or
              (B) at the time of the total or partial separation of
            the worker from the adversely affected employment, if
            subparagraph (A) does not apply.
      (2) The Secretary shall publish notice of the benefits
    available under this chapter to workers covered by each
    certification made under subchapter A \231\ in newspapers of
    general circulation in the areas in which such workers reside.

                         subchapter b--program benefits

        [Sections 231-238; 19 U.S.C. 2291-2298]
              * * * * * * *

                        subchapter c--general provisions

        [Sections 239-249; 19 U.S.C. 2311-2321]
              * * * * * * *

         subchapter d--nafta transitional adjustment assistance program

        [Section 250; 19 U.S.C. 2331--repealed 2002] \233\
    ---------------------------------------------------------------------------
        \233\ Sec. 123(a) of the Trade Adjustment Assistance Reform Act of
    2002 (division A of Public Law 107-210; 116 Stat. 944) repealed subch.
    D of ch. 2 of title II.
    ---------------------------------------------------------------------------
              * * * * * * *

                   Chapter 3--Adjustment Assistance for Firms

    SEC. 251.\234\ PETITIONS AND DETERMINATIONS.

        (a) A petition for a certification of eligibility to apply
    for adjustment assistance under this chapter may be filed with
    the Secretary of Commerce (hereinafter in this chapter referred
    to as the ``Secretary'') by a firm (including any agricultural
    firm) \235\ or its representative. Upon receipt of the
    petition, the Secretary shall promptly publish notice in the
    Federal Register that he has received the petition and
    initiated an investigation.
    ---------------------------------------------------------------------------
        \234\ 19 U.S.C. 2341.
        \235\ Sec. 13002(b) of Public Law 99-272 (100 Stat. 300) added
    ``(including any agricultural firm)''.
    ---------------------------------------------------------------------------
        (b) If the petitioner, or any other person, organization,
    or group found by the Secretary to have a substantial interest
    in the proceedings, submits not later than 10 days after the
    date of the Secretary's publication under subsection (a) a
    request for a hearing, the Secretary shall provide for a public
    hearing and afford such interested persons an opportunity to be
    present, to produce evidence, and to be heard.
      (c)(1) \236\ The Secretary shall certify a firm (including
    any agricultural firm) \235\ as eligible to apply for
    adjustment assistance under this chapter if the Secretary
    determines--
    ---------------------------------------------------------------------------
        \236\ Sec. 1421(a)(2) of Public Law 100-418 (102 Stat. 1243)
    amended subsec. (c).
    ---------------------------------------------------------------------------
              (A) that a significant number or proportion of the
            workers in such firm have become totally or partially
            separated, or are threatened to become totally or
            partially separated,
              (B) that--
                      (i) sales or production, or both, of such
                    firm have decreased absolutely, or
                      (ii) sales or production, or both, of an
                    article that accounted for not less than 25
                    percent of the total production or sales of the
                    firm during the 12-month period preceding the
                    most recent 12-month period for which data are
                    available have decreased absolutely, and
              (C) \237\ increases of imports of articles like or
            directly competitive with articles--
    ---------------------------------------------------------------------------
        \237\ Sec. 1421(a)(2) of Public Law 100-418 (102 Stat. 1243) added
    subpara. (C). Sec. 1421(b)(2) of that Act further amended subpara. (C).
    ---------------------------------------------------------------------------
                      (i) which are produced by such firm, or
                      (ii) for which such firm provides essential
                    goods or essential services,
            contributed importantly to such total or partial
            separation, or threat thereof, and to such decline in
            sales or production.
      (2) For purposes of paragraph (1)(C)--
              (A) The term ``contributed importantly'' means a
            cause which is important but not necessarily more
            important than any other cause.
              (B)(i) Any firm which engages in exploration or
            drilling for oil or natural gas shall be considered to
            be a firm producing oil or natural gas.
              (ii) Any firm that engages in exploration or drilling
            for oil or natural gas, or otherwise produces oil or
            natural gas, shall be considered to be producing
            articles directly competitive with imports of oil and
            with imports of natural gas.
        (d) A determination shall be made by the Secretary as soon
    as possible after the date on which the petition is filed under
    this section, but in any event not later than 60 days after
    that date.
              * * * * * * *

    SEC. 264.\238\ STUDY BY SECRETARY OF COMMERCE WHEN INTERNATIONAL TRADE
                        COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE
                        IS AFFIRMATIVE FINDING.

        (a) Whenever the Commission begins an investigation under
    section 202 \239\ with respect to an industry, the Commission
    shall immediately notify the Secretary of such investigation,
    and the Secretary shall immediately begin a study of--
    ---------------------------------------------------------------------------
        \238\ 19 U.S.C. 2354.
        \239\ Sec. 1401(b)(1)(B) of the Omnibus Trade and Competitiveness
    Act of 1988 (Public Law 100-418; 102 Stat. 1239) inserted ``202'' in
    lieu thereof ``201'' in subsec. (a); inserted ``202(f)'' in lieu
    thereof ``201'' in subsec. (b); and inserted ``202(b)'' in lieu thereof
    ``201(b)'' in subsec. (c).
    ---------------------------------------------------------------------------
              (1) the number of firms in the domestic industry
            producing the like or directly competitive article
            which have been or are likely to be certified as
            eligible for adjustment assistance, and
              (2) the extent to which the orderly adjustment of
            such firms to the import competition may be facilitated
            through the use of existing programs.
        (b) The report of the Secretary of the study under
    subsection (a) shall be made to the President not later than 15
    days after the day on which the Commission makes its report
    under section 202(f).\239\ Upon making its report to the
    President, the Secretary shall also promptly make it public
    (with the exception of information which the Secretary
    determines to be confidential) and shall have a summary of it
    published in the Federal Register.
        (c) Whenever the Commission makes an affirmative finding
    under section 202(b) \239\ that increased imports are a
    substantial cause of serious injury or threat thereof with
    respect to an industry, the Secretary shall make available, to
    the extent feasible, full information to the firms in such
    industry about programs which may facilitate the orderly
    adjustment to import competition of such firms, and he shall
    provide assistance in the preparation and processing of
    petitions and applications of such firms for program benefits.

    SEC. 265.\240\ ASSISTANCE TO INDUSTRIES.

        (a) The Secretary may provide technical assistance, on such
    terms and conditions as the Secretary deems appropriate, for
    the establishment of industrywide programs for new product
    development, new process development, export development, or
    other uses consistent with the purposes of this chapter. Such
    technical assistance may be provided through existing agencies,
    private individuals, firms, universities and institutions, and
    by grants, contracts, or cooperative agreements to
    associations, unions, or other nonprofit industry organizations
    in which a substantial number of firms or workers \241\ have
    been certified as eligible to apply for technical assistance
    under section 223 \241\ or 251.
    ---------------------------------------------------------------------------
        \240\ 19 U.S.C. 2355. Added by sec. 2527 of Public Law 97-35 (95
    Stat. 893).
        \241\ Sec. 2673(1) of Public Law 98-369 inserted ``or workers'' and
    ``223 or''.
    ---------------------------------------------------------------------------
        (b) Expenditures for technical assistance under this
    section may be up to $10,000,000 \242\ annually per industry
    and shall be made under such terms and conditions as the
    Secretary deems appropriate.
    ---------------------------------------------------------------------------
        \242\ Sec. 2673(2) of Public Law 98-369 struck out ``$2,000,000''
    and inserted in lieu thereof ``$10,000,000''.
    ---------------------------------------------------------------------------
              * * * * * * *

                      Chapter 5--Miscellaneous Provisions

    SEC. 280.\243\ GENERAL ACCOUNTING OFFICE REPORT.

        (a) The Comptroller General of the United States shall
    conduct a study of the adjustment assistance programs
    established under chapters 2, 3, and 4 of this title and shall
    report the results of such study to the Congress no later than
    January 31, 1983. Such report shall include an evaluation of--
    ---------------------------------------------------------------------------
        \243\ 19 U.S.C. 2391.
    ---------------------------------------------------------------------------
              (1) the effectiveness of such programs in aiding
            workers, firms, and communities to adjust to changed
            economic conditions resulting from changes in the
            patterns of international trade; and
              (2) the coordination of the administration of such
            programs and other Government programs which provide
            unemployment compensation and relief to depressed
            areas.
        (b) In carrying out his responsibilities under this
    section, the Comptroller General shall, to the extent
    practical, avail himself of the assistance of the Departments
    of Labor and Commerce. The Secretaries of Labor and Commerce
    shall make available to the Comptroller General any assistance
    necessary for an effective evaluation of the adjustment
    assistance programs established under this title.

    SEC. 281.\244\ COORDINATION.

        There is established the Adjustment Assistance Coordinating
    Committee to consist of a Deputy Special Trade Representative
    as Chairman, and the officials charged with adjustment
    assistance responsibilities of the Departments of Labor and
    Commerce and the Small Business Administration. It shall be the
    function of the Committee to coordinate the adjustment
    assistance policies, studies, and programs of the various
    agencies involved and to promote the efficient and effective
    delivery of adjustment assistance benefits.
    ---------------------------------------------------------------------------
        \244\ 19 U.S.C. 2392. The position of Deputy Special Trade
    Representative referred to in this section was redesignated as the
    Deputy United States Trade Representative pursuant to sec. 1(c) of
    Reorganization Plan No. 3 of 1979.
    ---------------------------------------------------------------------------

    SEC. 282.\245\ TRADE MONITORING SYSTEM.

        The Secretary of Commerce and the Secretary of Labor shall
    establish and maintain a program to monitor imports of articles
    into the United States which will reflect changes in the volume
    of such imports, the relation of such imports to changes in
    domestic production, changes in employment within domestic
    industries producing articles like or directly competitive with
    such imports, and the extent to which such changes in
    production and employment are concentrated in specific
    geographic regions of the United States. A summary of the
    information gathered under this section shall be published
    regularly and provided to the Adjustment Assistance
    Coordinating Committee, the International Trade Commission, and
    to the Congress.
    ---------------------------------------------------------------------------
        \245\ 19 U.S.C. 2393.
    ---------------------------------------------------------------------------

    SEC. 283.\246\ FIRMS RELOCATING IN FOREIGN COUNTRIES.

        (a) Before moving productive facilities from the United
    States to a foreign country, every firm should--
    ---------------------------------------------------------------------------
        \246\ 19 U.S.C. 2394.
    ---------------------------------------------------------------------------
              (1) provide notice of the move to its employees who
            are likely to be totally or partially separated as a
            result of the move at least 60 days before the date of
            such move, and
              (2) provide notice of the move to the Secretary of
            Labor, and the Secretary of Commerce on the same day it
            notifies employees under paragraph (1).
        (b) It is the sense of the Congress that every such firm
    should--
              (1) apply for and use all adjustment assistance for
            which it is eligible under this title,
              (2) offer employment opportunities in the United
            States, if any exist, to its employees who are totally
            or partially separated workers as a result of the move,
            and
              (3) assist in relocating employees to other locations
            in the United States where employment opportunities
            exist.

    SEC. 284.\247\ JUDICIAL REVIEW.

        (a) A worker, group of workers, certified or recognized
    union, or authorized representative of such worker or group
    aggrieved by a final determination of the Secretary of Labor
    under section 223 \248\ of this title, a firm or its
    representative or any other interested domestic party aggrieved
    by a final determination of the Secretary of Commerce under
    section 251 of this title, an agricultural commodity producer
    (as defined in section 291(2)) aggrieved by a determination of
    the Secretary of Agriculture under section 293,\249\ or a
    community or any other interested domestic party aggrieved by a
    final determination of the Secretary of Commerce under section
    271 of this title may, within sixty days after notice of such
    determination, commence a civil action in the United States
    Court of International Trade for review of such determination.
    The clerk of such court shall send a copy of the summons and
    the complaint in such action to the Secretary of Labor, the
    Secretary of Commerce, or the Secretary of Agriculture,\250\ as
    the case may be. Upon receiving a copy of such summons and
    complaint, such Secretary shall promptly certify and file in
    such court the record on which he based such determination.
    ---------------------------------------------------------------------------
        \247\ 19 U.S.C. 2395. Sec. 613(a) of Public Law 96-417 redesignated
    sec. 284 as sec. 285 and added a new sec. 284. Sec. 285, previously
    entitled ``effective date'', was retitled ``termination'' by sec. 13007
    of Public Law 99-272 (100 Stat. 304).
        \248\ Sec. 123(b)(4) of the Trade Adjustment Assistance Reform Act
    of 2002 (division A of Public Law 107-210; 116 Stat. 944) struck out
    ``or section 250(c)'' which had appeared at this point. Sec. 123(c) of
    that Act further provided that this amendment and other amendments to
    subsec. (a) shall apply to petitions filed under chapter 2 of title II
    of the Trade Act of 1974 on or after the date that is 90 days after the
    date of enactment of this amendment. Public Law 107-210 was enacted on
    August 6, 2002. Previously, sec. 503(d) of the NAFTA Implementation Act
    (Public Law 103-182; 107 Stat. 2151) added ``or section 250(c)'' after
    ``section 223''.
        \249\ Sec. 142(a) of the Trade Adjustment Assistance Reform Act of
    2002 (division A of Public Law 107-210; 116 Stat. 953) inserted ``an
    agricultural commodity producer (as defined in section 291(2))
    aggrieved by a determination of the Secretary of Agriculture under
    section 293,''.
        \250\ Sec. 142(a) of the Trade Adjustment Assistance Reform Act of
    2002 (division A of Public Law 107-210; 116 Stat. 953) inserted the
    reference to the Secretary of Agriculture.
    ---------------------------------------------------------------------------
        (b) The findings of fact by the Secretary of Labor, the
    Secretary of Commerce, or the Secretary of Agriculture,\250\ as
    the case may be, if supported by substantial evidence, shall be
    conclusive; but the court, for good cause shown, may remand the
    case to such Secretary to take further evidence, and such
    Secretary may thereupon make new or modified findings of fact
    and may modify his previous action, and shall certify to the
    court the record of the further proceedings. Such new or
    modified findings of fact shall likewise be conclusive if
    supported by substantial evidence.
        (c) The Court of International Trade shall have
    jurisdiction to affirm the action of the Secretary of Labor,
    the Secretary of Commerce, or the Secretary of Agriculture,
    \250\ as the case may be, or to set such action aside, in whole
    or in part. The judgment of the Court of International Trade
    shall be subject to review by the United States Court of
    Appeals for the Federal Circuit \251\ as prescribed by the
    rules of such court. The judgment of the Court of Appeals for
    the Federal Circuit \251\ shall be subject to review by the
    Supreme Court of the United States upon certiorari as provided
    in section 1256 of title 28.
    ---------------------------------------------------------------------------
        \251\ Sec. 163(a)(5) of the Federal Courts Improvement Act (Public
    Law 97-164; 96 Stat. 49) struck out ``Court of Customs and Patent
    Appeals'' and inserted in lieu thereof ``Court of Appeals for the
    Federal Circuit''.
    ---------------------------------------------------------------------------

    SEC. 285.\252\ TERMINATION.

        (a) Assistance for Workers.--
    ---------------------------------------------------------------------------
        \252\ 19 U.S.C. 2271, preceding note. Sec. 111(c) of the Trade
    Adjustment Assistance Reform Act of 2002 (division A of Public Law 107-
    210; 116 Stat. 936 amended and restated sec. 285. Sec. 151(a) of that
    Act further provided that this amendment shall apply to petitions for
    certification filed under ch. 2 or 3 of title II of the Trade Act of
    1974 on or after the date that is 90 days after the date of enactment
    of this amendment. Public Law 107-210 was enacted on August 6, 2002.
        Previously, sec. 285 had been amended by sec. 13007 of Public Law
    99-272 (100 Stat. 304), sec. 1426(a) of Public Law 100-418 (102 Stat.
    1251), sec. 13803(a)(1)(A) of Public Law 103-66 (107 Stat. 668), and by
    sec. 505 of the NAFTA Implementation Act (Public Law 103-182; 107 Stat.
    2152). The original termination date of September 30, 1982, had been
    amended as follows: to September 30, 1983 (Public Law 97-35; 95 Stat.
    888); to September 30, 1985 (Public Law 98-120; 97 Stat. 809); to
    November 14, 1985 (Public Law 99-107; 99 Stat. 479); to December 14,
    1985 (Public Law 99-155; 99 Stat. 814); to December 18, 1985 (Public
    Law 99-181; 99 Stat. 1172); and to December 19, 1985 (Public Law 99-
    189; 99 Stat. 1184).
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (2),
            trade adjustment assistance, vouchers, allowances, and
            other payments or benefits may not be provided under
            chapter 2 after September 30, 2007.
              (2) Exception.--Notwithstanding paragraph (1), a
            worker shall continue to receive trade adjustment
            assistance benefits and other benefits under chapter 2
            for any week for which the worker meets the eligibility
            requirements of that chapter, if on or before September
            30, 2007, the worker is--
                      (A) certified as eligible for trade
                    adjustment assistance benefits under chapter 2
                    of this title; and
                      (B) otherwise eligible to receive trade
                    adjustment assistance benefits under chapter 2.
        (b) Other Assistance.--
              (1) Assistance for firms.--Technical assistance may
            not be provided under chapter 3 after September 30,
            2007.
              (2) Assistance for farmers.--
                      (A) In general.--Except as provided in
                    subparagraph (B), adjustment assistance,
                    vouchers, allowances, and other payments or
                    benefits may not be provided under chapter 6
                    after September 30, 2007.
                      (B) Exception.--Notwithstanding subparagraph
                    (A), an agricultural commodity producer (as
                    defined in section 291(2)) shall continue to
                    receive adjustment assistance benefits and
                    other benefits under chapter 6, for any week
                    for which the agricultural commodity producer
                    meets the eligibility requirements of chapter
                    6, if on or before September 30, 2007, the
                    agricultural commodity producer is--
                              (i) certified as eligible for
                            adjustment assistance benefits under
                            chapter 6; and
                              (ii) is otherwise eligible to receive
                            adjustment assistance benefits under
                            such chapter 6.

    SEC. 286.\253\ TRADE ADJUSTMENT ASSISTANCE TRUST FUND.

      (a) There is hereby established within the Treasury of the
    United States a trust fund to be known as the Trade Adjustment
    Assistance Trust Fund (hereinafter in this section referred to
    as the ``Trust Fund''), consisting of such amounts as may be
    transferred or credited to the Trust Fund as provided in this
    section or appropriated to the Trust Fund under subsection (e).
    ---------------------------------------------------------------------------
        \253\ 19 U.S.C. 2396. Sec. 1427(a) of Public Law 100-418 (102 Stat.
    1251) added sec. 286. Sec. 1430(c) of Public Law 100-418 (102 Stat.
    1257) further stated that ``the amendments made by section 1427 shall
    take effect on the first date on which the amendment made by section
    1428(b) applies with respect to any articles.''.
    ---------------------------------------------------------------------------
      (b)(1) The Secretary of the Treasury shall transfer to the
    Trust Fund out of the general fund of the Treasury of the
    United States amounts determined by the Secretary of the
    Treasury to be equivalent to the amounts received into such
    general fund that are attributable to the duty imposed by
    section 287.
      (2) The amounts which are required to be transferred under
    paragraph (1) shall be transferred at least quarterly from the
    general fund of the Treasury of the United States to the Trust
    Fund on the basis of estimates made by the Secretary of the
    Treasury of the amounts referred to in paragraph (1) that are
    received into the Treasury. Proper adjustments shall be made in
    the amounts subsequently transferred to the extent prior
    estimates were in excess of, or less than, the amounts required
    to be transferred.
      (c)(1) The Secretary of the Treasury shall be the trustee of
    the Trust Fund, and shall submit an annual report to the
    Committee on Finance of the Senate and the Committee on Ways
    and Means of the House of Representatives on the financial
    condition and the results of the operations of the Trust Fund
    during the fiscal year preceding the fiscal year in which such
    report is submitted and on the expected condition and
    operations of the Trust Fund during the fiscal year in which
    such report is submitted and the 5 fiscal years succeeding such
    fiscal year. Such report shall be printed as a House document
    of the session of the Congress to which the report is made.
      (2)(A) The Secretary of the Treasury shall invest such
    portion of the Trust Fund as is not, in his judgment, required
    to meet current withdrawals. Such investments may be made only
    in interestbearing obligations of the United States. For such
    purpose, such obligations may be acquired--
              (i) on original issue at the issue price, or
              (ii) by purchase of outstanding obligations at the
            market price.
      (B) Any obligation acquired by the Trust Fund may be sold by
    the Secretary of the Treasury at the market price.
      (C) The interest on, and the proceeds from the sale or
    redemption of, any obligations held in the Trust Fund shall be
    credited to and form a part of the Trust Fund.
      (d)(1) Amounts in the Trust Fund shall be available--
              (A) for the payment of drawbacks and refunds of the
            duty imposed by section 287 that are allowable under
            any other provision of Federal law,
              (B) as provided in appropriation Acts--
                      (i) for expenditures that are required to
                    carry out the provisions of chapters 2 and 3,
                    including administrative costs, and
                      (ii) for payments required under subsection
                    (e)(2).
      (2) None of the amounts in the Trust Fund shall be available
    for the payment of loans guaranteed under chapter 3 or for any
    other expenses relating to financial assistance provided under
    chapter 3.
      (3)(A) If the total amount of funds expended in any fiscal
    year to carry out chapters 2 and 3 (including administrative
    costs) exceeds an amount equal to 0.15 percent of the total
    value of all articles upon which a duty was imposed by section
    287 during the preceding 1-year period, the Secretary of Labor
    and the Secretary of Commerce (in consultation with the
    Secretary of the Treasury) shall, notwithstanding any provision
    of chapter 2 or 3, make a pro rata reduction in--
              (i) the amounts of the trade readjustment allowances
            that are paid under part I of subchapter B of chapter
            2, and
              (ii) the assistance provided under chapter 3,
    to ensure (based on estimates of the amount of funds that will
    be necessary to carry out chapters 2 and 3, and of the amount
    of revenue that will be raised by section 287, during the
    remainder of such fiscal year and for the fiscal year
    succeeding such fiscal year) that all workers and firms
    eligible for assistance under chapter 2 or 3 receive some
    assistance under chapter 2 or 3 and that the expenditures made
    in providing such assistance during the remainder of such
    fiscal year and the fiscal year succeeding such fiscal year do
    not exceed the amount of funds available in the Trust Fund to
    pay for such expenditures.
      (B) No reduction may be made under this paragraph in the
    amount of any trade readjustment allowance payable under part I
    of subchapter B of chapter 2 to any worker who received such
    trade readjustment allowance under such part for the week
    preceding the first week for which such reduction is otherwise
    being made under this paragraph.
      (C) If a pro rata reduction made under subparagraph (A) is in
    effect at the close of a fiscal year, the Secretary of Labor
    and the Secretary of Commerce, in consultation with the
    Secretary of the Treasury, may adjust or modify such reduction
    at the beginning of the fiscal year succeeding such fiscal
    year, based on estimates of the amount of funds that will be
    necessary to carry out chapters 2 and 3, and of the amount of
    revenue that will be raised by section 287, during that
    succeeding fiscal year.
      (D) Any pro rata reduction made under subparagraph (A), and
    any pro rata reduction adjusted or modified under subparagraph
    (C), shall cease to apply after the week in which--
              (i) a 1-year period ends during which the total
            amount of funds that would have been expended to carry
            out chapters 2 and 3, including administrative costs,
            if such reduction were not in effect did not exceed an
            amount equal to 0.15 percent of the total value of all
            articles upon which a duty was imposed during such 1-
            year period, or
              (ii) the Secretary of Labor and the Secretary of
            Commerce, in consultation with the Secretary of the
            Treasury, determine that the amount of funds available
            in the Trust Fund are sufficient to carry out chapters
            2 and 3 without such reduction.
      (e)(1)(A) There are authorized to be appropriated to the
    Trust Fund, as repayable advances, such sums as may from time
    to time be necessary to make the expenditures described in
    subsection (d)(1)(B).
      (B) Any advance appropriated to the Trust Fund under the
    authority of subparagraph (A) may be paid to the Trust Fund
    only to the extent that the total amount of advances paid
    during the fiscal year to the Trust Fund from any appropriation
    authorized under subparagraph (A) that are outstanding after
    such advance is paid to the Trust Fund does not exceed the
    lesser of--
              (i) the excess of--
                      (I) the total amount of funds that the
                    Secretary of the Treasury (in consultation with
                    the Secretary of Labor and the Secretary of
                    Commerce) estimates will be necessary for the
                    payments and expenditures described in
                    subparagraphs (A) and (B) of subsection (d)(1)
                    for such fiscal year, over
                      (II) the total amount of funds that the
                    Secretary of the Treasury estimates will be
                    available in the Trust Fund during the fiscal
                    year (determined without regard to any advances
                    made under this subsection during such fiscal
                    year), or
              (ii) the excess of--
                      (I) an amount equal to 0.15 percent of the
                    total value of all articles upon which the
                    Secretary of the Treasury estimates a duty will
                    be imposed by section 287 during such fiscal
                    year, over
                      (II) the amount described in clause (i)(II).
      (2) Advances made to the Trust Fund from appropriations
    authorized under paragraph (1)(A) shall be repaid, and interest
    on such advances shall be paid, to the general fund of the
    Treasury of the United States when the Secretary of the
    Treasury determines that sufficient funds are available in the
    Trust Fund for such purposes.
      (3) Interest on advances made from appropriations authorized
    under paragraph (1)(A) shall be at a rate determined by the
    Secretary of the Treasury (as of the close of the calendar
    month preceding the month in which the advance is made) to be
    equal to the current average market yield on outstanding
    marketable obligations of the United States with remaining
    periods to maturity comparable to the anticipated period during
    which the advance will be outstanding.

    SEC. 287.\254\ IMPOSITION OF ADDITIONAL FEE.

      (a) In addition to any other fee imposed by law, there is
    hereby imposed a fee on all articles entered, or withdrawn from
    warehouse, for consumption in the customs territory of the
    United States during any fiscal year.
    ---------------------------------------------------------------------------
        \254\ 19 U.S.C. 2397. Sec. 1428(b) of Public Law 100-418 (102 Stat.
    1255) added sec. 287.
        Sec. 1430(b) of Public Law 100-418 stated the following regarding
    additional fee:
        ``(b) Additional Fee.--
    ---------------------------------------------------------------------------

      ``(1) Except as otherwise provided in this subsection, the amendment made
    by section 1428(b) shall apply (if at all) to any article entered, or
    withdrawn from warehouse for consumption, after the date that is 30 days
    after the earlier of--

      ``(A) the date on which the President submits to the Congress the written
    statement described in section 1428(a)(3)(A),

      ``(B) the date that is 2 years after the date of enactment of this Act,
    or

      ``(C) the date of the enactment of a disapproval resolution that passes
    both Houses of the Congress within the 90-day period beginning on the date
    that is 2 years after the date of enactment of this Act.

      ``(2) If the President determines on the date that is 2 years after the
    date of enactment of this Act that the fee imposed by the amendment made by
    section 1428(b) is not in the national economic interest, subparagraph (B)
    of paragraph (1) shall not be taken into account in applying the provisions
    of paragraph (1).

      ``(3) The amendment made by section 1428(b) shall apply (if at all) to
    the products of any foreign country described in section 1428(a)(1)(B) that
    are entered, or withdrawn from warehouse for consumption, after the later
    of--

      ``(A) the first date on which the fee imposed by such amendment applies
    with respect to products of foreign countries that are not described in
    section 1428(a)(1)(B), or

      ``(B) the date on which the President submits to the Congress the written
    statement described in section 1428(a)(3)(B) certifying the consent of such
    foreign country to the imposition of the fee.''.

      (b)(1) The rate of the fee imposed by subsection (a) shall be
    a uniform ad valorem rate proclaimed by the President that is
    equal to the lesser of--
              (A) 0.15 percent, or
              (B) the percentage that is sufficient to provide the
            funding necessary to--
                      (i) carry out the provisions of chapters 2
                    and 3, and
                      (ii) repay any advances made under section
                    286(e).
      (2) The President shall issue a proclamation setting forth
    the rate of the fee imposed by subsection (a) by no later than
    the date that is 15 days before the first date on which a fee
    is imposed under subsection (a).
      (3)(A) For each fiscal year succeeding the first fiscal year
    in which a fee is imposed under subsection (a), the President
    shall issue a proclamation adjusting the rate of the fee
    imposed by subsection (a) during such fiscal year to the ad
    valorem rate that meets the requirements of paragraph (1) for
    such fiscal year.
      (B) Any proclamation issued under subparagraph (A) for a
    fiscal year shall be issued at least 30 days before the
    beginning of such fiscal year.
      (c)(1) Except as otherwise provided in this subsection, duty-
    free treatment provided with respect to any article under any
    other provision of law shall not prevent the imposition of a
    fee with respect to such article by subsection (a).
      (2) No fee shall be imposed by subsection (a) with respect
    to--
              (A) any article (other than an article provided for
            in item 870.40, 870.45, 870.50, 870.55, or 870.60 of
            the Tariff Schedules of the United States) that is
            treated as duty-free under schedule 8 of the Tariff
            Schedules of the United States, or
              (B) any article which has a value of less than
            $1,000.

                  Chapter 6--Adjustment Assistance for Farmers

    SEC. 291.\255\ DEFINITIONS.

        In this chapter:
    ---------------------------------------------------------------------------
        \255\ 19 U.S.C. 2401. Sec. 141(a) of the Trade Adjustment
    Assistance Reform Act of 2002 (division A of Public Law 107-210; 116
    Stat. 947) added sec. 291. Sec. 141(b) of Public Law 107-210, enacted
    on August 6, 2006, provided that this amendment would take effect 180
    days after enactment of the Act.
    ---------------------------------------------------------------------------
              (1) Agricultural commodity.--The term ``agricultural
            commodity'' means any agricultural commodity (including
            livestock) in its raw or natural state.
              (2) Agricultural commodity producer.--The term
            ``agricultural commodity producer'' has the same
            meaning as the term ``person'' as prescribed by
            regulations promulgated under section 1001(5) of the
            Food Security Act of 1985 (7 U.S.C. 1308(5)).
              (3) Contributed importantly.--
                      (A) In general.--The term ``contributed
                    importantly'' means a cause which is important
                    but not necessarily more important than any
                    other cause.
                      (B) Determination of contributed
                    importantly.--The determination of whether
                    imports of articles like or directly
                    competitive with an agricultural commodity with
                    respect to which a petition under this chapter
                    was filed contributed importantly to a decline
                    in the price of the agricultural commodity
                    shall be made by the Secretary.
              (4) Duly authorized representative.--The term ``duly
            authorized representative'' means an association of
            agricultural commodity producers.
              (5) National average price.--The term ``national
            average price'' means the national average price paid
            to an agricultural commodity producer for an
            agricultural commodity in a marketing year as
            determined by the Secretary.
              (6) Secretary.--The term ``Secretary'' means the
            Secretary of Agriculture.

    SEC. 292.\256\ PETITIONS; GROUP ELIGIBILITY.

        (a) In General.--A petition for a certification of
    eligibility to apply for adjustment assistance under this
    chapter may be filed with the Secretary by a group of
    agricultural commodity producers or by their duly authorized
    representative. Upon receipt of the petition, the Secretary
    shall promptly publish notice in the Federal Register that the
    Secretary has received the petition and initiated an
    investigation.
    ---------------------------------------------------------------------------
        \256\ 19 U.S.C. 2401a. Sec. 141(a) of the Trade Adjustment
    Assistance Reform Act of 2002 (division A of Public Law 107-210; 116
    Stat. 947) added sec. 292. Sec. 141(b) of Public Law 107-210, enacted
    on August 6, 2006, provided that this amendment would take effect 180
    days after enactment of the Act.
    ---------------------------------------------------------------------------
        (b) Hearings.--If the petitioner, or any other person found
    by the Secretary to have a substantial interest in the
    proceedings, submits not later than 10 days after the date of
    the Secretary's publication under subsection (a) a request for
    a hearing, the Secretary shall provide for a public hearing and
    afford such interested person an opportunity to be present, to
    produce evidence, and to be heard.
        (c) Group Eligibility Requirements.--The Secretary shall
    certify a group of agricultural commodity producers as eligible
    to apply for adjustment assistance under this chapter if the
    Secretary determines--
              (1) that the national average price for the
            agricultural commodity, or a class of goods within the
            agricultural commodity, produced by the group for the
            most recent marketing year for which the national
            average price is available is less than 80 percent of
            the average of the national average price for such
            agricultural commodity, or such class of goods, for the
            5 marketing years preceding the most recent marketing
            year; and
              (2) that increases in imports of articles like or
            directly competitive with the agricultural commodity,
            or class of goods within the agricultural commodity,
            produced by the group contributed importantly to the
            decline in price described in paragraph (1).
        (d) Special Rule for Qualified Subsequent Years.--A group
    of agricultural commodity producers certified as eligible under
    section 293 shall be eligible to apply for assistance under
    this chapter in any qualified year after the year the group is
    first certified, if the Secretary determines that--
              (1) the national average price for the agricultural
            commodity, or class of goods within the agricultural
            commodity, produced by the group for the most recent
            marketing year for which the national average price is
            available is equal to or less than the price determined
            under subsection (c)(1); and
              (2) the requirements of subsection (c)(2) are met.
        (e) Determination of Qualified Year and Commodity.--In this
    chapter:
              (1) Qualified year.--The term ``qualified year'',
            with respect to a group of agricultural commodity
            producers certified as eligible under section 293,
            means each consecutive year after the year in which the
            group is certified and in which the Secretary makes the
            determination under subsection (c) or (d), as the case
            may be.
              (2) Classes of goods within a commodity.--In any case
            in which there are separate classes of goods within an
            agricultural commodity, the Secretary shall treat each
            class as a separate commodity in determining group
            eligibility, the national average price, and level of
            imports under this section and section 296.

    SEC. 293.\257\ DETERMINATIONS BY SECRETARY OF AGRICULTURE.

        (a) In General.--As soon as practicable after the date on
    which a petition is filed under section 292, but in any event
    not later than 40 days after that date, the Secretary shall
    determine whether the petitioning group meets the requirements
    of section 292 (c) or (d), as the case may be, and shall, if
    the group meets the requirements, issue a certification of
    eligibility to apply for assistance under this chapter covering
    agricultural commodity producers in any group that meets the
    requirements. Each certification shall specify the date on
    which eligibility under this chapter begins.
    ---------------------------------------------------------------------------
        \257\ 19 U.S.C. 2401b. Sec. 141(a) of the Trade Adjustment
    Assistance Reform Act of 2002 (division A of Public Law 107-210; 116
    Stat. 948) added sec. 293. Sec. 141(b) of Public Law 107-210, enacted
    on August 6, 2006, provided that this amendment would take effect 180
    days after enactment of the Act.
    ---------------------------------------------------------------------------
        (b) Notice.--Upon making a determination on a petition, the
    Secretary shall promptly publish a summary of the determination
    in the Federal Register, together with the Secretary's reasons
    for making the determination.
        (c) Termination of Certification.--Whenever the Secretary
    determines, with respect to any certification of eligibility
    under this chapter, that the decline in price for the
    agricultural commodity covered by the certification is no
    longer attributable to the conditions described in section 292,
    the Secretary shall terminate such certification and promptly
    cause notice of such termination to be published in the Federal
    Register, together with the Secretary's reasons for making such
    determination.

    SEC. 294.\258\ STUDY BY SECRETARY OF AGRICULTURE WHEN INTERNATIONAL
                        TRADE COMMISSION BEGINS INVESTIGATION.

        (a) In General.--Whenever the International Trade
    Commission (in this chapter referred to as the ``Commission'')
    begins an investigation under section 202 with respect to an
    agricultural commodity, the Commission shall immediately notify
    the Secretary of the investigation. Upon receipt of the
    notification, the Secretary shall immediately conduct a study
    of--
    ---------------------------------------------------------------------------
        \258\ 19 U.S.C. 2401c. Sec. 141(a) of the Trade Adjustment
    Assistance Reform Act of 2002 (division A of Public Law 107-210; 116
    Stat. 949) added sec. 294. Sec. 141(b) of Public Law 107-210, enacted
    on August 6, 2006, provided that this amendment would take effect 180
    days after enactment of the Act.
    ---------------------------------------------------------------------------
              (1) the number of agricultural commodity producers
            producing a like or directly competitive agricultural
            commodity who have been or are likely to be certified
            as eligible for adjustment assistance under this
            chapter, and
              (2) the extent to which the adjustment of such
            producers to the import competition may be facilitated
            through the use of existing programs.
        (b) Report.--Not later than 15 days after the day on which
    the Commission makes its report under section 202(f), the
    Secretary shall submit a report to the President setting forth
    the findings of the study described in subsection (a). Upon
    making the report to the President, the Secretary shall also
    promptly make the report public (with the exception of
    information which the Secretary determines to be confidential)
    and shall have a summary of the report published in the Federal
    Register.
              * * * * * * *

                 TITLE III--RELIEF FROM UNFAIR TRADE PRACTICES

     Chapter 1--Enforcement of United States Rights Under Trade Agreements
             and Response to Certain Foreign Trade Practices \259\

    ---------------------------------------------------------------------------
        \259\ Sec. 901 of the Trade Agreements Act of 1979 (Public Law 96-
    39; 93 Stat. 295) amended and restated ch. 1. Former secs. 301 and 302,
    entitled ``responses to certain trade practices of foreign
    governments'' and ``procedures for congressional disapproval of certain
    actions taken under section 301,'' respectively, were replaced and new
    secs. 303 through 306 were added.
        Sec. 1301(a) of the Omnibus Trade and Competitiveness Act of 1988
    (Public Law 100-418; 102 Stat. 1164) comprehensively amended ch. 1.
    Sec. 1301(c) of that Act stated the following:
        ``(c) Effective Date.--The amendments made by this section shall
    apply to--
    ---------------------------------------------------------------------------

      ``(1) petitions filed, and investigations initiated, under section 302 of
    the Trade Act of 1974 on or after the date of the enactment of this Act;
    and

      ``(2) petitions filed, and investigations initiated, before the date of
    enactment of this Act, if by that date no decision had been made under
    section 304 regarding the petition or investigation.''.

    SEC. 301.\260\ ACTIONS BY UNITED STATES TRADE REPRESENTATIVE.

      (a) Mandatory Action.--
    ---------------------------------------------------------------------------
        \260\ 19 U.S.C. 2411.
    ---------------------------------------------------------------------------
              (1) If the United States Trade Representative
            determines under section 304(a)(1) that--
                      (A) the rights of the United States under any
                    trade agreement are being denied; or
                      (B) an act, policy, or practice of a foreign
                    country--
                              (i) violates, or is inconsistent
                            with, the provisions of, or otherwise
                            denies benefits to the United States
                            under, any trade agreement, or
                              (ii) is unjustifiable and burdens or
                            restricts United States commerce;
            the Trade Representative shall take action authorized
            in subsection (c), subject to the specific direction,
            if any, of the President regarding any such action, and
            shall take all other appropriate and feasible action
            within the power of the President that the President
            may direct the Trade Representative to take under this
            subsection, to enforce such rights or to obtain the
            elimination of such act, policy, or practice. Actions
            may be taken that are within the power of the President
            with respect to trade in any goods or services, or with
            respect to any other area of pertinent relations with
            the foreign country.\261\
    ---------------------------------------------------------------------------
        \261\ Sec. 314(a)(1) of Public Law 103-465 (108 Stat. 4939)
    inserted the sentence ``Actions may be taken that are within the power
    of the President with respect to trade in any goods or services, or
    with respect to any other area of pertinent relations with the foreign
    country.''.
    ---------------------------------------------------------------------------
              (2) The Trade Representative is not required to take
            action under paragraph (1) in any case in which-- \262\
    ---------------------------------------------------------------------------
        \262\ Executive Order 13155 of May 10, 2000 (65 F.R. 30521) stated,
    in part:
        ``the United States shall not seek, through negotiations or
    otherwise, the revocation or revision of any intellectual property law
    or policy of a beneficiary sub-Saharan African country, as determined
    by the President, that regulates HIV/AIDS or medical technologies if
    the law or policy of the country:
    ---------------------------------------------------------------------------

      ``(1) promotes access to HIV/AIDS pharmaceuticals or medical technologies
    for affected populations in that country; and

      ``(2) provides adequate and effective intellectual property protection
    consistent with the Agreement on Trade-Related Aspects of Intellectual
    Property Rights (TRIPS Agreement) referred to in section 101(d)(15) of the
    Uruguay Round Agreements Act (19 U.S.C. 3511(d)15).''.
    ---------------------------------------------------------------------------

        The full text of Executive Order 13155 can be found on page 925.
    ---------------------------------------------------------------------------
                      (A) the Dispute Settlement Body (as defined
                    in section 121(5) of the Uruguay Round
                    Agreements Act) has adopted a report,\263\ or a
                    ruling issued under the formal dispute
                    settlement proceeding provided under any other
                    trade agreement finds, that--
    ---------------------------------------------------------------------------
        \263\ Sec. 621(a)(9) of Public Law 103-465 (108 Stat. 4993) struck
    out ``the Contracting Parties to the General Agreement on Tariffs and
    Trade have determined, a panel of experts has reported to the
    Contracting Parties,'' and inserted in lieu thereof ``the Dispute
    Settlement Body (as defined in section 121(5) of the Uruguay Round
    Agreements Act) has adopted a report,''.
    ---------------------------------------------------------------------------
                              (i) the rights of the United States
                            under a trade agreement are not being
                            denied, or
                              (ii) the act, policy, or practice--
                                      (I) is not a violation of, or
                                    inconsistent with, the rights
                                    of the United States, or
                                      (II) does not deny, nullify,
                                    or impair benefits to the
                                    United States under any trade
                                    agreement; or
                      (B) the Trade Representative finds that--
                              (i) the foreign country is taking
                            satisfactory measures to grant the
                            rights of the United States under a
                            trade agreement,
                              (ii) the foreign country has--
                                      (I) agreed to eliminate or
                                    phase out the act, policy, or
                                    practice, or
                                      (II) agreed to an imminent
                                    solution to the burden or
                                    restriction on United States
                                    commerce that is satisfactory
                                    to the Trade Representative,
                              (iii) it is impossible for the
                            foreign country to achieve the results
                            described in clause (i) or (ii), as
                            appropriate, but the foreign country
                            agrees to provide to the United States
                            compensatory trade benefits that are
                            satisfactory to the Trade
                            Representative,
                              (iv) in extraordinary cases, where
                            the taking of action under this
                            subsection would have an adverse impact
                            on the United States economy
                            substantially out of proportion to the
                            benefits of such action, taking into
                            account the impact of not taking such
                            action on the credibility of the
                            provisions of this chapter, or
                              (v) the taking of action under this
                            subsection would cause serious harm to
                            the national security of the United
                            States.
              (3) Any action taken under paragraph (1) to eliminate
            an act, policy, or practice shall be devised so as to
            affect goods or services of the foreign country in an
            amount that is equivalent in value to the burden or
            restriction being imposed by that country on United
            States commerce.
      (b) Discretionary Action.--If the Trade Representative
    determines under section 304(a)(1) that--
              (1) an act, policy, or practice of a foreign country
            is unreasonable or discriminatory and burdens or
            restricts United States commerce, and
              (2) action by the United States is appropriate, the
            Trade Representative shall take all appropriate and
            feasible action authorized under subsection (c),
            subject to the specific direction, if any, of the
            President regarding any such action, and all other
            appropriate and feasible action within the power of the
            President that the President may direct the Trade
            Representative to take under this subsection, to obtain
            the elimination of that act, policy, or practice.
            Actions may be taken that are within the power of the
            President with respect to trade in any goods or
            services, or with respect to any other area of
            pertinent relations with the foreign country.\264\
    ---------------------------------------------------------------------------
        \264\ Sec. 314(a)(1) of Public Law 103-465 (108 Stat. 4939)
    inserted the sentence ``Actions may be taken that are within the power
    of the President with respect to trade in any goods or services, or
    with respect to any other area of pertinent relations with the foreign
    country.''.
    ---------------------------------------------------------------------------
      (c) Scope of Authority.--
              (1) For purposes of carrying out the provisions of
            subsection (a) or (b), the Trade Representative is
            authorized to--
                      (A) suspend, withdraw, or prevent the
                    application of, benefits of trade agreement
                    concessions to carry out a trade agreement with
                    the foreign country referred to in such
                    subsection;
                      (B) impose duties or other import
                    restrictions on the goods of, and,
                    notwithstanding any other provision of law,
                    fees or restrictions on the services of, such
                    foreign country for such time as the Trade
                    Representative determines appropriate; \265\
    ---------------------------------------------------------------------------
        \265\ Sec. 314(b)(1) of Public Law 103-465 (108 Stat. 4939) struck
    out ``or'' at the end of subpara. (B).
    ---------------------------------------------------------------------------
                      (C) \266\ in a case in which the act, policy,
                    or practice also fails to meet the eligibility
                    criteria for receiving duty-free treatment
                    under subsections (b) and (c) of section 502 of
                    this Act, subsections (b) and (c) of section
                    212 of the Caribbean Basin Economic Recovery
                    Act (19 U.S.C. 2702(b) and (c)), or subsections
                    (c) and (d) of section 203 of the Andean Trade
                    Preference Act (19 U.S.C. 3202(c) and (d)),
                    withdraw, limit, or suspend such treatment
                    under such provisions, notwithstanding the
                    provisions of subsection (a)(3) of this
                    section; or
    ---------------------------------------------------------------------------
        \266\ Sec. 314(b)(1) of Public Law 103-465 (108 Stat. 4939)
    redesignated subpara. (C) as subpara. (D), and added a new subpara.
    (C).
    ---------------------------------------------------------------------------
                      (D) \266\ enter into binding agreements with
                    such foreign country that commit such foreign
                    country to--
                              (i) eliminate, or phase out, the act,
                            policy, or practice that is the subject
                            of the action to be taken under
                            subsection (a) or (b),
                              (ii) eliminate any burden or
                            restriction on United States commerce
                            resulting from such act, policy, or
                            practice, or
                              (iii) provide the United States with
                            compensatory trade benefits that--
                                      (I) are satisfactory to the
                                    Trade Representative, and
                                      (II) meet the requirements of
                                    paragraph (4).
              (2)(A) Notwithstanding any other provision of law
            governing any service sector access authorization, and
            in addition to the authority conferred in paragraph
            (1), the Trade Representative may, for purposes of
            carrying out the provisions of subsection (a) or (b)--
                      (i) restrict, in the manner and to the extent
                    the Trade Representative determines
                    appropriate, the terms and conditions of any
                    such authorization, or
                      (ii) deny the issuance of any such
                    authorization.
              (B) Actions described in subparagraph (A) may only be
            taken under this section with respect to service sector
            access authorizations granted, or applications therefor
            pending, on or after the date on which--
                      (i) a petition is filed under section 302(a),
                    or
                      (ii) a determination to initiate an
                    investigation is made by the Trade
                    Representative under section 302(b).
              (C) Before the Trade Representative takes any action
            under this section involving the imposition of fees or
            other restrictions on the services of a foreign
            country, the Trade Representative shall, if the
            services involved are subject to regulation by any
            agency of the Federal Government or of any State,
            consult, as appropriate, with the head of the agency
            concerned.
              (3) The actions the Trade Representative is
            authorized to take under subsection (a) or (b) may be
            taken against any goods or economic sector--
                      (A) on a nondiscriminatory basis or solely
                    against the foreign country described in such
                    subsection, and
                      (B) without regard to whether or not such
                    goods or economic sector were involved in the
                    act, policy, or practice that is the subject of
                    such action.
              (4) Any trade agreement described in paragraph
            (1)(D)(iii) \267\ shall provide compensatory trade
            benefits that benefit the economic sector which
            includes the domestic industry that would benefit from
            the elimination of the act, policy, or practice that is
            the subject of the action to be taken under subsection
            (a) or (b), or benefit the economic sector as closely
            related as possible to such economic sector, unless--
    ---------------------------------------------------------------------------
        \267\ Sec. 20(c)(4) of Public Law 104-295 (110 Stat. 3528) struck
    out ``paragraph (1)(C)(iii)'' and inserted in lieu thereof ``paragraph
    (1)(D)(iii)''.
    ---------------------------------------------------------------------------
                      (A) the provision of such trade benefits is
                    not feasible, or
                      (B) trade benefits that benefit any other
                    economic sector would be more satisfactory than
                    such trade benefits.
              (5) \268\ If the Trade Representative determines that
            actions to be taken under subsection (a) or (b) are to
            be in the form of import restrictions, the Trade
            Representative shall--
    ---------------------------------------------------------------------------
        \268\ Sec. 314(a)(2) of Public Law 103-465 (108 Stat. 4939) amended
    para. (5) through subpara. (A).
    ---------------------------------------------------------------------------
                      (A) \268\ give preference to the imposition
                    of duties over the imposition of other import
                    restrictions, and
                      (B) if an import restriction other than a
                    duty is imposed, consider substituting, on an
                    incremental basis, an equivalent duty for such
                    other import restriction.
              (6) Any action taken by the Trade Representative
            under this section with respect to export targeting
            shall, to the extent possible, reflect the full benefit
            level of the export targeting to the beneficiary over
            the period during which the action taken has an effect.
      (d) Definitions and Special Rules.--For purposes of this
    chapter--
              (1) The term ``commerce'' includes, but is not
            limited to--
                      (A) services (including transfers of
                    information) associated with international
                    trade, whether or not such services are related
                    to specific goods, and
                      (B) foreign direct investment by United
                    States persons with implications for trade in
                    goods or services.
              (2) An act, policy, or practice of a foreign country
            that burdens or restricts United States commerce may
            include the provision, directly or indirectly, by that
            foreign country of subsidies for the construction of
            vessels used in the commercial transportation by water
            of goods between foreign countries and the United
            States.
              (3)(A) An act, policy, or practice is unreasonable if
            the act, policy, or practice, while not necessarily in
            violation of, or inconsistent with, the international
            legal rights of the United States, is otherwise unfair
            and inequitable.
              (B) Acts, policies, and practices that are
            unreasonable include, but are not limited to, any act,
            policy, or practice, or any combination of acts,
            policies, or practices, which--
                      (i) denies fair and equitable--
                              (I) opportunities for the
                            establishment of an enterprise,
                              (II) \269\ provision of adequate and
                            effective protection of intellectual
                            property rights notwithstanding the
                            fact that the foreign country may be in
                            compliance with the specific
                            obligations of the Agreement on Trade-
                            Related Aspects of Intellectual
                            Property Rights referred to in section
                            101(d)(15) of the Uruguay Round
                            Agreements Act,
    ---------------------------------------------------------------------------
        \269\ Sec. 314(c)(I) of Public Law 103-465 (108 Stat. 4940) amended
    subclauses (II) and (III), and added a new subclause (IV).
    ---------------------------------------------------------------------------
                              (III) \269\ nondiscriminatory market
                            access opportunities for United States
                            persons that rely upon intellectual
                            property protection, or
                              (IV) \269\ market opportunities,
                            including the toleration by a foreign
                            government of systematic
                            anticompetitive activities by
                            enterprises or among enterprises in the
                            foreign country that have the effect of
                            restricting, on a basis that is
                            inconsistent with commercial
                            considerations, access of United States
                            goods or services to a foreign market,
                      (ii) constitutes export targeting, or
                      (iii) constitutes a persistent pattern of
                    conduct that--
                              (I) denies workers the right of
                            association,
                              (II) denies workers the right to
                            organize and bargain collectively,
                              (III) permits any form of forced or
                            compulsory labor,
                              (IV) fails to provide a minimum age
                            for the employment of children, or
                              (V) fails to provide standards for
                            minimum wages, hours of work, and
                            occupational safety and health of
                            workers.
              (C)(i) Acts, policies, and practices of a foreign
            country described in subparagraph (B)(iii) shall not be
            treated as being unreasonable if the Trade
            Representative determines that--
                      (I) the foreign country has taken, or is
                    taking, actions that demonstrate a significant
                    and tangible overall advancement in providing
                    throughout the foreign country (including any
                    designated zone within the foreign country) the
                    rights and other standards described in the
                    subclauses of subparagraph (B)(iii), or
                      (II) such acts, policies, and practices are
                    not inconsistent with the level of economic
                    development of the foreign country.
              (ii) The Trade Representative shall publish in the
            Federal Register any determination made under clause
            (i), together with a description of the facts on which
            such determination is based.
              (D) For purposes of determining whether any act,
            policy, or practice is unreasonable, reciprocal
            opportunities in the United States for foreign
            nationals and firms shall be taken into account, to the
            extent appropriate.
              (E) The term ``export targeting'' means any
            government plan or scheme consisting of a combination
            of coordinated actions (whether carried out severally
            or jointly) that are bestowed on a specific enterprise,
            industry, or group thereof, the effect of which is to
            assist the enterprise, industry, or group to become
            more competitive in the export of a class or kind of
            merchandise.
              (F) \270\ (i) For the purposes of subparagraph
            (B)(i)(II), adequate and effective protection of
            intellectual property rights includes adequate and
            effective means under the laws of the foreign country
            for persons who are not citizens or nationals of such
            country to secure, exercise, and enforce rights and
            enjoy commercial benefits relating to patents,
            trademarks, copyrights and related rights, mask works,
            trade secrets, and plant breeder's rights.
    ---------------------------------------------------------------------------
        \270\ Sec. 314(c)(2) of Public Law 103-465 (108 Stat. 4940) added
    subpara. (F).
    ---------------------------------------------------------------------------
              (ii) For purposes of subparagraph (B)(i)(IV), the
            denial of fair and equitable nondiscriminatory market
            access opportunities includes restrictions on market
            access related to the use, exploitation, or enjoyment
            of commercial benefits derived from exercising
            intellectual property rights in protected works or
            fixations or products embodying protected works.
              (4)(A) An act, policy, or practice is unjustifiable
            if the act, policy, or practice is in violation of, or
            inconsistent with, the international legal rights of
            the United States.
              (B) Acts, policies, and practices that are
            unjustifiable include, but are not limited to, any act,
            policy, or practice described in subparagraph (A) which
            denies national or most-favored-nation treatment or the
            right of establishment or protection of intellectual
            property rights.
              (5) Acts, policies, and practices that are
            discriminatory include, when appropriate, any act,
            policy, and practice which denies national or most-
            favored-nation treatment to United States goods,
            services, or investment.
              (6) The term ``service sector access authorization''
            means any license, permit, order, or other
            authorization, issued under the authority of Federal
            law, that permits a foreign supplier of services access
            to the United States market in a service sector
            concerned.
              (7) 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.
              (8) The term ``Trade Representative'' means the
            United States Trade Representative.
              (9) The term ``interested persons'', only for
            purposes of sections 302(a)(4)(B), 304(b)(1)(A),
            306(c)(2), and 307(a)(2), includes, but is not limited
            to, domestic firms and workers, representatives of
            consumer interests, United States product exporters,
            and any industrial user of any goods or services that
            may be affected by actions taken under subsection (a)
            or (b).

    SEC. 302.\271\ INITIATION OF INVESTIGATIONS.

      (a) Petitions.--
    ---------------------------------------------------------------------------
        \271\ 19 U.S.C. 2412.
    ---------------------------------------------------------------------------
              (1) Any interested person may file a petition with
            the Trade Representative requesting that action be
            taken under section 301 and setting forth the
            allegations in support of the request.
              (2) The Trade Representative shall review the
            allegations in any petition filed under paragraph (1)
            and, not later than 45 days after the date on which the
            Trade Representative received the petition, shall
            determine whether to initiate an investigation.
              (3) If the Trade Representative determines not to
            initiate an investigation with respect to a petition,
            the Trade Representative shall inform the petitioner of
            the reasons therefor and shall publish notice of the
            determination, together with a summary of such reasons,
            in the Federal Register.
              (4) If the Trade Representative makes an affirmative
            determination under paragraph (2) with respect to a
            petition, the Trade Representative shall initiate an
            investigation regarding the issues raised in the
            petition. The Trade Representative shall publish a
            summary of the petition in the Federal Register and
            shall, as soon as possible, provide opportunity for the
            presentation of views concerning the issues, including
            a public hearing--
                      (A) within the 30-day period beginning on the
                    date of the affirmative determination (or on a
                    date after such period if agreed to by the
                    petitioner) if a public hearing within such
                    period is requested in the petition, or
                      (B) at such other time if a timely request
                    therefor is made by the petitioner or by any
                    interested person.
      (b) Initiation of Investigation by Means Other Than
    Petition.--
              (1)(A) \272\ If the Trade Representative determines
            that an investigation should be initiated under this
            chapter with respect to any matter in order to
            determine whether the matter is actionable under
            section 301, the Trade Representative shall publish
            such determination in the Federal Register and shall
            initiate such investigation.
    ---------------------------------------------------------------------------
        \272\ The U.S. Trade Representative initiated such an investigation
    with respect to certain acts, policies and practices of the People's
    Republic of China on October 10, 1991 (56 F.R. 51943; October 16,
    1991).
    ---------------------------------------------------------------------------
              (B) The Trade Representative shall, before making any
            determination under subparagraph (A), consult with
            appropriate committees established pursuant to section
            135.
              (2)(A) By no later than the date that is 30 days
            after the date on which a country is identified under
            section 182(a)(2), the Trade Representative shall
            initiate an investigation under this chapter with
            respect to any act, policy, or practice of that country
            that--
                      (i) was the basis for such identification,
                    and
                      (ii) is not at that time the subject of any
                    other investigation or action under this
                    chapter.
              (B) The Trade Representative is not required under
            subparagraph (A) to initiate an investigation under
            this chapter with respect to any act, policy, or
            practice of a foreign country if the Trade
            Representative determines that the initiation of the
            investigation would be detrimental to United States
            economic interests.
              (C) If the Trade Representative makes a determination
            under subparagraph (B) not to initiate an
            investigation, the Trade Representative shall submit to
            the Congress a written report setting forth, in
            detail--
                      (i) the reasons for the determination, and
                      (ii) the United States economic interests
                    that would be adversely affected by the
                    investigation.
              (D) The Trade Representative shall, from time to
            time, consult with the Register of Copyrights, the
            Under Secretary of Commerce for Intellectual Property
            and Director of the United States Patent and Trademark
            Office,\273\ and other appropriate officers of the
            Federal Government, during any investigation initiated
            under this chapter by reason of subparagraph (A).
    ---------------------------------------------------------------------------
        \273\ Sec. 4732(b)(9) of Public Law 106-113 (113 Stat. 1501A-584)
    struck out ``Commissioner of Patents and Trademarks'' and inserted in
    lieu thereof ``Under Secretary of Commerce for Intellectual Property
    and Director of the United States Patent and Trademark Office''.
    ---------------------------------------------------------------------------
      (c) Discretion.--In determining whether to initiate an
    investigation under subsection (a) or (b) of any act, policy,
    or practice that is enumerated in any provision of section
    301(d), the Trade Representative shall have discretion to
    determine whether action under section 301 would be effective
    in addressing such act, policy, or practice.

    SEC. 303.\274\ CONSULTATION UPON INITIATION OF INVESTIGATION.

      (a) In General.--
    ---------------------------------------------------------------------------
        \274\ 19 U.S.C. 2413.
    ---------------------------------------------------------------------------
              (1) On the date on which an investigation is
            initiated under section 302, the Trade Representative,
            on behalf of the United States, shall request
            consultations with the foreign country concerned
            regarding the issues involved in such investigation.
              (2) If the investigation initiated under section 302
            involves a trade agreement and a mutually acceptable
            resolution is not reached before the earlier of--
                      (A) the close of the consultation period, if
                    any, specified in the trade agreement, or
                      (B) the 150th day after the day on which
                    consultation was commenced,
            the Trade Representative shall promptly request
            proceedings on the matter under the formal dispute
            settlement procedures provided under such agreement.
              (3) The Trade Representative shall seek information
            and advice from the petitioner (if any) and the
            appropriate committees established pursuant to section
            135 in preparing United States presentations for
            consultations and dispute settlement proceedings.
      (b) Delay of Request for Consultations.--
              (1) Notwithstanding the provisions of subsection
            (a)--
                      (A) the United States Trade Representative
                    may, after consulting with the petitioner (if
                    any), delay for up to 90 days any request for
                    consultations under subsection (a) for the
                    purpose of verifying or improving the petition
                    to ensure an adequate basis for consultation,
                    and
                      (B) if such consultations are delayed by
                    reason of subparagraph (A), each time
                    limitation under section 304 shall be extended
                    for the period of such delay.
              (2) The Trade Representative shall--
                      (A) publish notice of any delay under
                    paragraph (1) in the Federal Register, and
                      (B) report to Congress on the reasons for
                    such delay in the report required under section
                    309(a)(3).

    SEC. 304.\275\ DETERMINATIONS BY THE TRADE REPRESENTATIVE.

      (a) In General.--
    ---------------------------------------------------------------------------
        \275\ 19 U.S.C. 2414.
    ---------------------------------------------------------------------------
              (1) On the basis of the investigation initiated under
            section 302 and the consultations (and the proceedings,
            if applicable) under section 303, the Trade
            Representative shall--
                      (A) determine whether--
                              (i) the rights to which the United
                            States is entitled under any trade
                            agreement are being denied, or
                              (ii) any act, policy, or practice
                            described in subsection (a)(1)(B) or
                            (b)(1) of section 301 exists, and
                      (B) if the determination made under
                    subparagraph (A) is affirmative, determine what
                    action, if any, the Trade Representative should
                    take under subsection (a) or (b) of section
                    301.
              (2) The Trade Representative shall make the
            determinations required under paragraph (1) on or
            before--
                      (A) in the case of an investigation involving
                    a trade agreement,\276\ except an investigation
                    initiated pursuant to section 302(b)(2)(A)
                    involving rights under the Agreement on Trade-
                    Related Aspects of Intellectual Property Rights
                    (referred to in section 101(d)(15) of the
                    Uruguay Round Agreements Act) or the GATT 1994
                    (as defined in section 2(1)(B) of that Act)
                    relating to products subject to intellectual
                    property protection,\277\ the earlier of--
    ---------------------------------------------------------------------------
        \276\ Sec. 314(d)(1) of Public Law 103-465 (108 Stat. 4940) struck
    out ``(other than the agreement on subsidies and countervailing
    measures described in section 2(c)(5) of the Trade Agreements Act of
    1979)'' after ``a trade agreement''.
        \277\ Sec. 2201(a) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2598) inserted
    ``except an investigation initiated pursuant to section 302(b)(2)(A)
    involving rights under the Agreement on Trade-Related Aspects of
    Intellectual Property Rights (referred to in section 101(d)(15) of the
    Uruguay Round Agreements Act) or the GATT 1994 (as defined in section
    2(1)(B) of that Act) relating to products subject to intellectual
    property protection,''.
    ---------------------------------------------------------------------------
                              (i) the date that is 30 days after
                            the date on which the dispute
                            settlement procedure is concluded, or
                              (ii) the date that is 18 months after
                            the date on which the investigation is
                            initiated, or
                      (B) in all cases not described in
                    subparagraph (A) or paragraph (3), the date
                    that is 12 months after the date on which the
                    investigation is initiated.
              (3)(A) \278\ If an investigation is initiated under
            this chapter by reason of section 302(b)(2) and--
                      (i) the Trade Representative considers that
                    rights under the Agreement on Trade-Related
                    Aspects of Intellectual Property Rights or the
                    GATT 1994 relating to products subject to
                    intellectual property protection are involved,
                    the Trade Representative shall make the
                    determination required under paragraph (1) not
                    later than 30 days after the date on which the
                    dispute settlement procedure is concluded; or
    ---------------------------------------------------------------------------
        \278\ Sec. 2201(b) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2599) amended
    and restated para. (3)(A). Previously, sec. 20(c)(6) of Public Law 104-
    295 (110 Stat. 3528) and sec. 314(d)(2)(A) of Public Law 103-465 (108
    Stat. 4940) had amended para. (3)(A).
    ---------------------------------------------------------------------------
                      (ii) the Trade Representative does not
                    consider that a trade agreement, including the
                    Agreement on Trade-Related Aspects of
                    Intellectual Property Rights, is involved or
                    does not make a determination described in
                    subparagraph (B) with respect to such
                    investigation, the Trade Representative shall
                    make the determinations required under
                    paragraph (1) with respect to such
                    investigation not later than the date that is 6
                    months after the date on which such
                    investigation is initiated.
              (B) If the Trade Representative determines with
            respect to an investigation initiated by reason of
            section 302(b)(2) (other than an investigation
            involving a trade agreement) \279\ that--
    ---------------------------------------------------------------------------
        \279\ Sec. 314(d)(2)(B) of Public Law 103-465 (108 Stat. 4940)
    struck out ``any investigation initiated by reason of section
    302(b)(2)'' and inserted in lieu thereof ``an investigation initiated
    by reason of section 302(b)(2) (other than an investigation involving a
    trade agreement)''.
    ---------------------------------------------------------------------------
                      (i) complex or complicated issues are
                    involved in the investigation that require
                    additional time,
                      (ii) the foreign country involved in the
                    investigation is making substantial progress in
                    drafting or implementing legislative or
                    administrative measures that will provide
                    adequate and effective protection of
                    intellectual property rights, or
                      (iii) such foreign country is undertaking
                    enforcement measures to provide adequate and
                    effective protection of intellectual property
                    rights,
            the Trade Representative shall publish in the Federal
            Register notice of such determination and shall make
            the determinations required under paragraph (1) with
            respect to such investigation by no later than the date
            that is 9 months after the date on which such
            investigation is initiated.
              (4) In any case in which a dispute is not resolved
            before the close of the minimum dispute settlement
            period provided for in a trade agreement,\280\ the
            Trade Representative, within 15 days after the close of
            such dispute settlement period, shall submit a report
            to Congress setting forth the reasons why the dispute
            was not resolved within the minimum dispute settlement
            period, the status of the case at the close of the
            period, and the prospects for resolution. For purposes
            of this paragraph, the minimum dispute settlement
            period provided for under any such trade agreement is
            the total period of time that results if all stages of
            the formal dispute settlement procedures are carried
            out within the time limitations specified in the
            agreement, but computed without regard to any extension
            authorized under the agreement at any stage.
    ---------------------------------------------------------------------------
        \280\ Sec. 314(d)(3) of Public Law 103-465 (108 Stat. 4941) struck
    out ``(other than the agreement on subsidies and countervailing
    measures described in section 2(c)(5) of the Trade Agreements Act of
    1979)'' after ``in a trade agreement''.
    ---------------------------------------------------------------------------
      (b) Consultation Before Determinations.--
              (1) Before making the determinations required under
            subsection (a)(1), the Trade Representative, unless
            expeditious action is required--
                      (A) shall provide an opportunity (after
                    giving not less than 30 days notice thereof)
                    for the presentation of views by interested
                    persons, including a public hearing if
                    requested by any interested person,
                      (B) shall obtain advice from the appropriate
                    committees established pursuant to section 135,
                    and
                      (C) may request the views of the United
                    States International Trade Commission regarding
                    the probable impact on the economy of the
                    United States of the taking of action with
                    respect to any goods or service.
              (2) If the Trade Representative does not comply with
            the requirements of subparagraphs (A) and (B) of
            paragraph (1) because expeditious action is required,
            the Trade Representative shall, after making the
            determinations under subsection (a)(1), comply with
            such subparagraphs.
      (c) Publication.--The Trade Representative shall publish in
    the Federal Register any determination made under subsection
    (a)(1), together with a description of the facts on which such
    determination is based.

    SEC. 305.\281\ IMPLEMENTATION OF ACTIONS.

      (a) Actions To Be Taken Under Section 301.--
    ---------------------------------------------------------------------------
        \281\ 19 U.S.C. 2415.
    ---------------------------------------------------------------------------
              (1) Except as provided in paragraph (2), the Trade
            Representative shall implement the action the Trade
            Representative determines under section 304(a)(1)(B) to
            take under section 301, subject to the specific
            direction, if any, of the President regarding any such
            action, by no later than the date that is 30 days after
            the date on which such determination is made.
              (2)(A) Except as otherwise provided in this
            paragraph, the Trade Representative may delay, by not
            more than 180 days, the implementation of any action
            that is to be taken under section 301--
                      (i) if--
                              (I) in the case of an investigation
                            initiated under section 302(a), the
                            petitioner requests a delay, or
                              (II) in the case of an investigation
                            initiated under section 302(b)(1) or to
                            which section 304(a)(3)(B) applies, a
                            delay is requested by a majority of the
                            representatives of the domestic
                            industry that would benefit from the
                            action, or
                      (ii) if the Trade Representative determines
                    that substantial progress is being made, or
                    that a delay is necessary or desirable, to
                    obtain United States rights or a satisfactory
                    solution with respect to the acts, policies, or
                    practices that are the subject of the action.
              (B) The Trade Representative may not delay under
            subparagraph (A) the implementation of any action that
            is to be taken under section 301 with respect to any
            investigation to which section 304(a)(3)(A)(ii) \282\
            applies.
    ---------------------------------------------------------------------------
        \282\ Sec. 2201(c) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2599) struck out
    ``section 304(a)(3)(A)'' and inserted in lieu thereof ``section
    304(a)(3)(A)(ii)''.
    ---------------------------------------------------------------------------
              (C) The Trade Representative may not delay under
            subparagraph (A) the implementation of any action that
            is to be taken under section 301 with respect to any
            investigation to which section 304(a)(3)(B) applies by
            more than 90 days.
      (b) Alternative Actions in Certain Cases of Export
    Targeting.--
              (1) If the Trade Representative makes an affirmative
            determination under section 304(a)(1)(A) involving
            export targeting by a foreign country and determines to
            take no action under section 301 with respect to such
            affirmation determination, the Trade Representative--
                      (A) shall establish an advisory panel to
                    recommend measures which will promote the
                    competitiveness of the domestic industry
                    affected by the export targeting,
                      (B) on the basis of the report of such panel
                    submitted under paragraph (2)(B) and subject to
                    the specific direction, if any, of the
                    President, may take any administrative actions
                    authorized under any other provision of law,
                    and, if necessary, propose legislation to
                    implement any other actions, that would restore
                    or improve the international competitiveness of
                    the domestic industry affected by the export
                    targeting, and
                      (C) shall, by no later than the date that is
                    30 days after the date on which the report of
                    such panel is submitted under paragraph (2)(B),
                    submit a report to the Congress on the
                    administrative actions taken, and legislative
                    proposals made, under subparagraph (B) with
                    respect to the domestic industry affected by
                    the export targeting.
              (2)(A) The advisory panels established under
            paragraph (1)(A) shall consist of individuals appointed
            by the Trade Representative who--
                      (i) earn their livelihood in the private
                    sector of the economy, including individuals
                    who represent management and labor in the
                    domestic industry affected by export targeting
                    that is the subject of the affirmative
                    determination made under section 304(a)(1)(A),
                    and
                      (ii) by education or experience, are
                    qualified to serve on the advisory panel.
              (B) By no later than the date that is 6 months after
            the date on which an advisory panel is established
            under paragraph (1)(A), the advisory panel shall submit
            to the Trade Representative and to the Congress a
            report on measures that the advisory panel recommends
            be taken by the United States to promote the
            competitiveness of the domestic industry affected by
            the export targeting that is the subject of the
            affirmative determination made under section
            304(a)(1)(A).

    SEC. 306.\283\ MONITORING OF FOREIGN COMPLIANCE.

      (a) \284\ In General.--The Trade Representative shall monitor
    the implementation of each measure undertaken, or agreement
    that is entered into, by a foreign country to provide a
    satisfactory resolution of a matter subject to investigation
    under this chapter or subject to dispute settlement proceedings
    to enforce the rights of the United States under a trade
    agreement providing for such proceedings.
    ---------------------------------------------------------------------------
        \283\ 19 U.S.C. 2416. Sec. 901 of Public Law 96-39 inserted sec.
    306 (93 Stat. 299).
        \284\ Sec. 314(e) of Public Law 103-465 (108 Stat. 4941) amended
    subsecs. (a) and (b).
    ---------------------------------------------------------------------------
        (b) \284\ Further Action.--
              (1) In general.--If, on the basis of the monitoring
            carried out under subsection (a), the Trade
            Representative considers that a foreign country is not
            satisfactorily implementing a measure or agreement
            referred to in subsection (a), the Trade Representative
            shall determine what further action the Trade
            Representative shall take under section 301(a). For
            purposes of section 301, any such determination shall
            be treated as a determination made under section
            304(a)(1).
              (2) \285\ WTO dispute settlement recommendations.--
    ---------------------------------------------------------------------------
        \285\ Sec. 407 of Public Law 106-200 (114 Stat. 293) struck out
    ``If the'' at the beginning of para. (2), inserted in lieu thereof
    ``(A) Failure to implement recommendation.--If the'', and added new
    subparas. (B) through (F).
    ---------------------------------------------------------------------------
                      (A) Failure to implement recommendation.--If
                    the measure or agreement referred to in
                    subsection (a) concerns the implementation of a
                    recommendation made pursuant to dispute
                    settlement proceedings under the World Trade
                    Organization, and the Trade Representative
                    considers that the foreign country has failed
                    to implement it, the Trade Representative shall
                    make the determination in paragraph (1) no
                    later than 30 days after the expiration of the
                    reasonable period of time provided for such
                    implementation under paragraph 21 of the
                    Understanding on Rules and Procedures Governing
                    the Settlement of Disputes that is referred to
                    in section 101(d)(16) of the Uruguay Round
                    Agreements Act.
                      (B) \285\ Revision of retaliation list and
                    action.--
                              (i) In general.--Except as provided
                            in clause (ii), in the event that the
                            United States initiates a retaliation
                            list or takes any other action
                            described in section 301(c)(1)(A) or
                            (B) against the goods of a foreign
                            country or countries to implement the
                            recommendation made pursuant to a
                            dispute settlement proceeding under the
                            World Trade Organization, the Trade
                            Representative shall periodically
                            revise the list or action to affect
                            other goods of the country or countries
                            that have failed to implement the
                            recommendation.
                              (ii) Exception.--The Trade
                            Representative is not required to
                            revise the retaliation list or the
                            action described in clause (i) with
                            respect to a country if--
                                      (I) the Trade Representative
                                    determines that implementation
                                    of a recommendation made
                                    pursuant to a dispute
                                    settlement proceeding described
                                    in clause (i) by the country is
                                    imminent; or
                                      (II) the Trade Representative
                                    together with the petitioner
                                    involved in the initial
                                    investigation under this
                                    chapter (or if no petition was
                                    filed, the affected United
                                    States industry) agree that it
                                    is unnecessary to revise the
                                    retaliation list.
                      (C) Schedule for revising list or action.--
                    The Trade Representative shall, 120 days after
                    the date the retaliation list or other section
                    301(a) action is first taken, and every 180
                    days thereafter, review the list or action
                    taken and revise, in whole or in part, the list
                    or action to affect other goods of the subject
                    country or countries.
                      (D) Standards for revising list or action.--
                    In revising any list or action against a
                    country or countries under this subsection, the
                    Trade Representative shall act in a manner that
                    is most likely to result in the country or
                    countries implementing the recommendations
                    adopted in the dispute settlement proceeding or
                    in achieving a mutually satisfactory solution
                    to the issue that gave rise to the dispute
                    settlement proceeding. The Trade Representative
                    shall consult with the petitioner, if any,
                    involved in the initial investigation under
                    this chapter.
                      (E) Retaliation list.--The term ``retaliation
                    list'' means the list of products of a foreign
                    country or countries that have failed to comply
                    with the report of the panel or Appellate Body
                    of the WTO and with respect to which the Trade
                    Representative is imposing duties above the
                    level that would otherwise be imposed under the
                    Harmonized Tariff Schedule of the United
                    States.
                      (F) Requirement to include reciprocal goods
                    on retaliation list.--The Trade Representative
                    shall include on the retaliation list, and on
                    any revised lists, reciprocal goods of the
                    industries affected by the failure of the
                    foreign country or countries to implement the
                    recommendation made pursuant to a dispute
                    settlement proceeding under the World Trade
                    Organization, except in cases where existing
                    retaliation and its corresponding preliminary
                    retaliation list do not already meet this
                    requirement.
      (c) Consultations.--Before making any determination under
    subsection (b), the Trade Representative shall--
              (1) consult with the petitioner, if any, involved in
            the initial investigation under this chapter and with
            representatives of the domestic industry concerned; and
              (2) provide an opportunity for the presentation of
            views by interested persons.

    SEC. 307.\286\ MODIFICATION AND TERMINATION OF ACTIONS.

      (a) In General.--
    ---------------------------------------------------------------------------
        \286\ 19 U.S.C. 2417.
    ---------------------------------------------------------------------------
              (1) The Trade Representative may modify or terminate
            any action, subject to the specific direction, if any,
            of the President with respect to such action, that is
            being taken under section 301 if--
                      (A) any of the conditions described in
                    section 301(a)(2) exist,
                      (B) the burden or restriction on United
                    States commerce of the denial rights, or of the
                    acts, policies, and practices, that are the
                    subject of such action has increased or
                    decreased, or
                      (C) such action is being taken under section
                    301(b) and is no longer appropriate.
              (2) Before taking any action under paragraph (1) to
            modify or terminate any action taken under section 301,
            the Trade Representative shall consult with the
            petitioner, if any, and with representatives of the
            domestic industry concerned, and shall provide
            opportunity for the presentation of views by other
            interested persons affected by the proposed
            modification or termination concerning the effects of
            the modification or termination and whether any
            modification or termination of the action is
            appropriate.
      (b) Notice; Report to Congress.--The Trade Representative
    shall promptly publish in the Federal Register notice of, and
    report in writing to the Congress with respect to, any
    modification or termination of any action taken under section
    301 and the reasons therefor.\264\
      (c) Review of Necessity.--
              (1) If--
                      (A) a particular action has been taken under
                    section 301 during any 4-year period, and
                      (B) neither the petitioner nor any
                    representative of the domestic industry which
                    benefits from such action has submitted to the
                    Trade Representative during the last 60 days of
                    such 4-year period a written request for the
                    continuation of such action,
            such action shall terminate at the close of such 4-year
            period.
              (2) The Trade Representative shall notify by mail the
            petitioner and representatives of the domestic industry
            described in paragraph (1)(B) of any termination of
            action by reason of paragraph (1) at least 60 days
            before the date of such termination.
              (3) If a request is submitted to the Trade
            Representative under paragraph (1)(B) to continue
            taking a particular action under section 301, the Trade
            Representative shall conduct a review of--
                      (A) the effectiveness in achieving the
                    objectives of section 301 of--
                              (i) such action, and
                              (ii) other actions that could be
                            taken (including actions against other
                            products or services), and
                      (B) the effects of such actions on the United
                    States economy, including consumers.

    SEC. 308.\287\ REQUEST FOR INFORMATION.

      (a) In General.--Upon receipt of written request therefor
    from any person, the Trade Representative shall make available
    to that person information (other than that to which
    confidentiality applies) concerning--
    ---------------------------------------------------------------------------
        \287\ 19 U.S.C. 2418.
    ---------------------------------------------------------------------------
              (1) the nature and extent of a specific trade policy
            or practice of a foreign country with respect to
            particular goods, services, investment, or intellectual
            property rights, to the extent that such information is
            available to the Trade Representative or other Federal
            agencies;
              (2) United States rights under any trade agreement
            and the remedies which may be available under that
            agreement and under the laws of the United States; and
              (3) past and present domestic and international
            proceedings or actions with respect to the policy or
            practice concerned.
      (b) If Information Not Available.--If information that is
    requested by a person under subsection (a) is not available to
    the Trade Representative or other Federal agencies, the Trade
    Representative shall, within 30 days after receipt of the
    request--
              (1) request the information from the foreign
            government; or
              (2) decline to request the information and inform the
            person in writing of the reasons for refusal.
      (c) Certain Business Information Not Made Available.--
              (1) Except as provided in paragraph (2), and
            notwithstanding any other provision of law (including
            section 552 of title 5, United States Code), no
            information requested and received by the Trade
            Representative in aid of any investigation under this
            chapter shall be made available to any person if--
                      (A) the person providing such information
                    certifies that--
                              (i) such information is business
                            confidential,
                              (ii) the disclosure of such
                            information would endanger trade
                            secrets or profitability, and
                              (iii) such information is not
                            generally available;
                      (B) the Trade Representative determines that
                    such certification is well-founded; and
                      (C) to the extent required in regulations
                    prescribed by the Trade Representative, the
                    person providing such information provides an
                    adequate nonconfidential summary of such
                    information.
              (2) The Trade Representative may--
                      (A) use such information, or make such
                    information available (in his own discretion)
                    to any employee of the Federal Government for
                    use, in any investigation under this chapter,
                    or
                      (B) may make such information available to
                    any other person in a form which cannot be
                    associated with, or otherwise identify, the
                    person providing the information.

    SEC. 309.\288\ ADMINISTRATION.

      The Trade Representative shall--
    ---------------------------------------------------------------------------
        \288\ 19 U.S.C. 2419.
    ---------------------------------------------------------------------------
              (1) issue regulations concerning the filing of
            petitions and the conduct of investigations and
            hearings under this subchapter,
              (2) keep the petitioner regularly informed of all
            determinations and developments regarding the
            investigation conducted with respect to the petition
            under this chapter, including the reasons for any undue
            delays, and
              (3) submit a report to the House of Representatives
            and the Senate semiannually describing--
                      (A) the petitions filed and the
                    determinations made (and reasons therefor)
                    under section 302,
                      (B) developments in, and the current status
                    of, each investigation or proceeding under this
                    chapter,
                      (C) the actions taken, or the reasons for no
                    action, by the Trade Representative under
                    section 301 with respect to investigations
                    conducted under this chapter, and
                      (D) the commercial effects of actions taken
                    under section 301.''.

    SEC. 310.\289\ IDENTIFICATION OF TRADE EXPANSION PRIORITIES.

      (a) Identification.--
    ---------------------------------------------------------------------------
        \289\ 19 U.S.C. 2420. Sec. 314(f) of Public Law 103-465 (108 Stat.
    4941) amended and restated sec. 310, which was originally added by sec.
    1302 of Public Law 100-418 (102 Stat. 1176).
    ---------------------------------------------------------------------------
              (1) Within 180 days after the submission in calendar
            year 1995 of the report required by section 181(b), the
            Trade Representative shall--
                      (A) review United States trade expansion
                    priorities,
                      (B) identify priority foreign country
                    practices, the elimination of which is likely
                    to have the most significant potential to
                    increase United States exports, either directly
                    or through the establishment of a beneficial
                    precedent, and
                      (C) submit to the Committee on Finance of the
                    Senate and the Committee on Ways and Means of
                    the House of Representatives and publish in the
                    Federal Register a report on the priority
                    foreign country practices identified.
              (2) In identifying priority foreign country practices
            under paragraph (1) of this section, the Trade
            Representative shall take into account all relevant
            factors, including--
                      (A) the major barriers and trade distorting
                    practices described in the National Trade
                    Estimate Report required under section 181(b);
                      (B) the trade agreements to which a foreign
                    country is a party and its compliance with
                    those agreements;
                      (C) the medium- and long-term implications of
                    foreign government procurement plans; and
                      (D) the international competitive position
                    and export potential of United States products
                    and services.
              (3) The Trade Representative may include in the
            report, if appropriate--
                      (A) a description of foreign country
                    practices that may in the future warrant
                    identification as priority foreign country
                    practices; and
                      (B) a statement about other foreign country
                    practices that were not identified because they
                    are already being addressed by provisions of
                    United States trade law, by existing bilateral
                    trade agreements, or as part of trade
                    negotiations with other countries and progress
                    is being made toward the elimination of such
                    practices.
        (b) Initiation of Investigations.--By no later than the
    date which is 21 days after the date on which a report is
    submitted to the appropriate congressional committees under
    subsection (a)(1), the Trade Representative shall initiate
    under section 302(b)(1) investigations under this chapter with
    respect to all of the priority foreign country practices
    identified.
        (c) Agreements for the Elimination of Barriers.--In the
    consultations with a foreign country that the Trade
    Representative is required to request under section 303(a) with
    respect to an investigation initiated by reason of subsection
    (b), the Trade Representative shall seek to negotiate an
    agreement that provides for the elimination of the practices
    that are the subject of the investigation as quickly as
    possible or, if elimination of the practices is not feasible,
    an agreement that provides for compensatory trade benefits.
        (d) Reports.--The Trade Representative shall include in the
    semiannual report required by section 309 a report on the
    status of any investigations initiated pursuant to subsection
    (b) and, where appropriate, the extent to which such
    investigations have led to increased opportunities for the
    export of products and services of the United States.

            TITLE IV--TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                       NONDISCRIMINATORY TREATMENT \290\

    ---------------------------------------------------------------------------
        \290\ Sec. 103(a)(1) of Public Law 106-286 (114 Stat. 882) struck
    out ``CURRENTLY'' from the title IV heading, which previously read
    ``TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY RECEIVING
    NONDISCRIMINATORY TREATMENT''. See also section on MFN extensions,
    suspensions, and terminations, this volume, beginning on page 1170.
        On October 7, 1992, the President determined that furnishing
    assistance, restoring nondiscriminatory trade treatment, and lifting
    the ban on Export-Import Bank loans for Afghanistan was in the national
    interest of the United States (Presidential Determination No. 93-3; 57
    F.R. 47557; October 19, 1992). The application of Title IV of the Trade
    Act of 1974 has been terminated with respect to the following
    countries:
        Czech and Slovak Federal Republics and Hungary: On April 10, 1992,
    the President determined that title IV of this Act should no longer
    apply to the Czech and Slovak Federal Republic or to the Republic of
    Hungary, pursuant to secs. 2(a)(1) and 2 of Public Law 102-182
    (Presidential Determination No. 92-21; 57 F.R. 12863; April 14, 1992;
    and Proclamation 6419 of April 10, 1992; 57 F.R. 12865).
        Prior to Public Law 102-182, Presidential Determination No. 90-3 of
    October 26, 1989 (54 F.R. 46591), stated that the Republic of Hungary
    was not in violation of paras. (1), (2), or (3) of subsec. 402(a) or
    paras. (1), (2), or (3) of subsec. 409(a). See also note at 409(a).
        Also prior to the passage of Public Law 102-182, in Executive Order
    12702 of February 29, 1990 (55 F.R. 6231), the President waived the
    application of subsecs. 402(a) and (b) with respect to Czechoslovakia.
    Subsequently, the President determined that the Czech and Slovak
    Federal Republic was not in violation of paras. (1), (2), or (3) of
    subsec. 402(a), or of paras. (1), (2), or (3) of subsec. 409(a)
    (Presidential Determination No. 92-3 of October 16, 1991; 56 F.R.
    55203; October 25, 1991).
        Mongolia: On July 1, 1996, the President determined that Title IV
    of this Act should no longer apply to Mongolia, pursuant to sec. 2414
    of Public Law 106-36 (113 Stat. 180) (Presidential Determination No.
    7207 (64 F.R. 36549). Prior to that date, Executive Order 12746 of
    January 21, 1991 (56 F.R. 2837) waived the application of secs. 402 (a)
    and (b) with respect to Mongolia.
        Bulgaria: On September 27, 1996, the President determined that
    Title IV of this Act should no longer apply to Bulgaria (Proclamation
    No. 6922 of September 27, 1996; 61 F.R. 51205), pursuant to Public Law
    104-162 (110 Stat. 1414). Subsequently, the President determined that
    Bulgaria was not in violation of paras. (1), (2), or (3) of subsec.
    402(a) or of paras. (1), (2), or (3) of subsec. 409(a) (Presidential
    Determination No. 93-26 of June 3, 1993; 58 F.R. 33007).
        Prior to that date, Executive Order 12745 waived the application of
    secs. 402 (a) and (b) with respect to Mongolia (January 22, 1991; 56
    F.R. 2835).
        Romania: On November 12, 1996, the President determined that Title
    IV should no longer apply to Romania (Proclamation No. 6951; 61 F.R.
    58127), pursuant to sec. 2 of Public Law 104-171 (110 Stat. 1539).
    Subsequently, the President determined that Romania was not in
    violation of paras. (1), (2), or (3) of subsec. 402(a) or of paras.
    (1), (2), or (3) of subsec. 409(a) (Presidential Determination No. 95-
    22 of May 19, 1995; 60 F.R. 29463).
        Prior to that date, Executive Order 12772 (August 17, 1991; 56 F.R.
    41621) waived the application of secs. 402 (a) and (b) with respect to
    Romania.
        Albania and Kyrgyzstan: On June 29, 2000, the President determined
    that title IV of this Act should no longer apply to Albania and
    Kyrgyzstan, pursuant to secs. 301(b) and 302(b) of Public Law 106-200,
    respectively (Presidential Proclamation No. 7326 of June 29, 2000; 65
    F.R. 41547).
        Prior to Public Law 106-200, the President had waived the
    application of secs. 402 (a) and (b) with respect to Albania (Executive
    Order 12809, June 3, 1992, 57 F.R. 23925; Presidential Determination
    No. 92-26; 57 F.R. 48711) and Kyrgyzstan (Executive Order 12802, April
    16, 1992, 57 F.R. 14321; Presidential Determination No. 92-20, 57 F.R.
    13623).
        Georgia: On December 29, 2000, the President determined that title
    IV of this Act should no longer apply to the Republic of Georgia,
    pursuant to sec. 3002 of Public Law 106-476 (Presidential Proclamation
    No. 7389 of December 29, 2000, 66 F.R. 703, January 3, 2001).
        Prior to Public Law 106-476, the President had waived the
    application of subsecs. 402 (a) and (b) with respect to Georgia
    (Executive Order No. 12809, June 3, 1992, 57 F.R. 23925; Presidential
    Determination No. 92-25, 57 F.R. 22147).
        China: On December 27, 2001, the President determined that chapter
    1 of title IV of the Act should no longer apply to the People's
    Republic of China (Proclamation 7516; 67 F.R. 479), pursuant to Public
    Law 106-286 (114 Stat. 882).
        Prior to Public Law 106-286, the President waived the application
    of subsecs. 402 (a) and (b) of the Act with respect to China (Executive
    Order 12167, October 23, 1979, 44 F.R. 61167).
    ---------------------------------------------------------------------------

            CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES \291\

    SEC. 401.\292\ EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR AREAS.

        Except as otherwise provided in this title, the President
    shall continue to deny nondiscriminatory treatment to the
    products of any country, the products of which were not
    eligible for the rates set forth in rate column numbered 1 of
    the Tariff Schedules of the United States on the date of the
    enactment of this Act.
    ---------------------------------------------------------------------------
        \291\ Sec. 103(a)(2) of Public Law 106-286 (114 Stat. 882) inserted
    ``CHAPTER 1--TRADE RELATIONS WITH CERTAIN COUNTRIES''.
        \292\ 19 U.S.C. 2431. Secs. 101 and 102 of Public Law 106-286 (114
    Stat. 881) provided:
    ---------------------------------------------------------------------------

    ``sec. 101. termination of application of chapter 1 of title iv of the
    trade act of 1974 to the people's republic of china
    ---------------------------------------------------------------------------

        ``(a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment.--Notwithstanding any provision of chapter
    1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), as
    designated by section 3(a)(2) of this Act, the President may--
    ---------------------------------------------------------------------------

      ``(1) determine that such chapter should no longer apply to the People's
    Republic of China; and

      ``(2) after making a determination under paragraph (1) with respect to
    the People's Republic of China, proclaim the extension of nondiscriminatory
    treatment (normal trade relations treatment) to the products of that
    country.
    ---------------------------------------------------------------------------

        ``(b) Accession of the People's Republic of China to the World
    Trade Organization.--Prior to making the determination provided for in
    subsection (a)(1) and pursuant to the provisions of section 122 of the
    Uruguay Round Agreements Act (19 U.S.C. 3532), the President shall
    transmit a report to Congress certifying that the terms and conditions
    for the accession of the People's Republic of China to the World Trade
    Organization are at least equivalent to those agreed between the United
    States and the People's Republic of China on November 15, 1999.
    ---------------------------------------------------------------------------

    ``sec. 102. effective date.
    ---------------------------------------------------------------------------

        ``(a) Effective Date of Nondiscriminatory Treatment.--The extension
    of nondiscriminatory treatment pursuant to section 101(a) shall be
    effective no earlier than the effective date of the accession of the
    People's Republic of China to the World Trade Organization.
        ``(b) Termination of Applicability of Title IV.--On and after the
    effective date under subsection (a) of the extension of
    nondiscriminatory treatment to the products of the People's Republic of
    China, chapter 1 of title IV of the Trade Act of 1974 (as designated by
    section 103(a)(2) of this Act) shall cease to apply to that country.''.
    ---------------------------------------------------------------------------

    SEC. 402.\293\ FREEDOM OF EMIGRATION IN EAST-WEST TRADE.

        (a) To assure the continued dedication of the United States
    to fundamental human rights, and notwithstanding any other
    provision of law, on or after the date of the enactment of this
    Act products from any nonmarket economy country shall not be
    eligible to receive nondiscriminatory treatment (normal trade
    relations),\294\ such country shall not participate in any
    program of the Government of the United States which extends
    credits or credit guarantees or investment guarantees, directly
    or indirectly, and the President of the United States shall not
    conclude any commercial agreement with any such country, during
    the period beginning with the date on which the President
    determines that such country--
    ---------------------------------------------------------------------------
        \293\ 19 U.S.C. 2432. Popularly referred to as the Jackson-Vanik
    amendment.
        Public Law 102-420 (106 Stat. 2149; 19 U.S.C. 2432 note) withdrew
    MFN status from Serbia and Montenegro.
        \294\ Sec. 5003(b)(2) of Public Law 105-206 (112 Stat. 789) struck
    out ``most-favored-nation treatment'' each place it appears in sec.
    402, and inserted in lieu thereof ``normal trade relations''.
    ---------------------------------------------------------------------------
              (1) denies its citizens the right or opportunity to
            emigrate;
              (2) imposes more than a nominal tax on emigration or
            on the visas or other documents required for
            emigration, for any purpose of cause whatsoever; or
              (3) imposes more than a nominal tax, levy, fine, fee,
            or other charge on any citizen as a consequence of the
            desire of such citizen to emigrate to the country of
            his choice,
    and ending on the date on which the President determines that
    such country is no longer in violation of paragraph (1), (2),
    or (3).
        (b) \295\ After the date of the enactment of this Act, (A)
    products of a nonmarket economy country may be eligible to
    receive nondiscriminatory treatment (normal trade relations),
    (B) such country may participate in any program of the
    Government of the United States which extends credit guarantees
    or investment guarantees, and (C) the President may conclude a
    commercial agreement with such country, only after the
    President has submitted to the Congress a report indicating
    that such country is not in violation of paragraph (1), (2), or
    (3) of subsection (a). Such report with respect to such country
    shall include information as to the nature and implementation
    of emigration laws and policies and restrictions or
    discrimination applied to or against persons wishing to
    emigrate. The report required by this subsection shall be
    submitted initially as provided herein and, with current
    information, on or before each June 30 and December 31
    thereafter so long as such treatment is received, such credits
    or guarantees are extended, or such agreement is in effect.
    ---------------------------------------------------------------------------
        \295\ The President, in Executive Order 13313 (July 31, 2003; 68
    F.R. 46073), delegated the congressional reporting function required
    under sec. 402(b) to the Secretary of the State.
        Presidential determinations of ``no violation'' pursuant to subsec.
    (b) have been made for the following countries: Hungary, October 26,
    1989 (Presidential Determination No. 89-14; 54 F.R. 46591); Czech and
    Slovak Federal Republics, October 16, 1991 (Presidential Determination
    No. 92-3; 56 F.R. 52203); Bulgaria, June 3, 1993 (Presidential
    Determination No. 93-26; 58 F.R. 33007); Russian Federation, September
    21, 1994 (Presidential Determination No. 94-51; 59 F.R. 49783),
    September 24, 1994; Romania, May 19, 1995 (Presidential Determination
    No. 95-22; 60 F.R. 29463); Mongolia, September 4, 1996 (Presidential
    Determination No. 96-51, 61 F.R. 48603); Armenia, Azerbaijan, Georgia,
    Moldova, and Ukraine, June 3, 1997 (Presidential Determination No. 97-
    27; 62 F.R. 32017); Albania, Kazakhstan, Kyrgyzstan, Tajikistan,
    Turkmenistan, and Uzbekistan, December 5, 1997 (Presidential
    Determination No. 98-7, 62 F.R. 66253).
        On April 7, 1998, the President waived the application of secs.
    402(a) and (b) with respect to Vietnam (Presidential Determination No.
    98-17, 57 F.R. 14329; Executive Order 13079, 63 F.R. 17309).
        On August 8, 2003, the President waived the application of secs.
    402(a) and (b) with respect to Turkmenistan (Presidential Determination
    No. 2003-31, 68 F.R. 49325; Executive Order 13314, 68 F.R. 48249.
    ---------------------------------------------------------------------------
        (c)(1) During the 18-month period beginning on the date of
    the enactment of this Act, the President is authorized to waive
    by Executive order the application of subsections (a) and (b)
    with respect to any country, if he reports to the Congress
    that--
              (A) he has determined that such waiver will
            substantially promote the objectives of this section;
            and
              (B) he has received assurances that the emigration
            practices of that country will henceforth lead
            substantially to the achievement of the objectives of
            this section.
        (2) During any period subsequent to the 18-month period
    referred to in paragraph (1), the President is authorized to
    waive by Executive order the application of subsections (a) and
    (b) with respect to any country, if the waiver authority
    granted by this subsection continues to apply to such country
    pursuant to subjection (d), and if he reports to the Congress
    that--
              (A) \296\ he has determined that such waiver will
            substantially promote the objectives of this section;
            and
    ---------------------------------------------------------------------------
        \296\ The Presidential waiver by Executive order provision pursuant
    to sec. (c)(2)(A) has been applied with respect to the following
    countries:
        Romania: April 24, 1975 (Presidential Determination No. 75-15, 40
    F.R. 2060; Executive Order No. 11854, 40 F. R. 18391); in effect until
    1988. Hungary: April 7, 1978 (Presidential Determination No. 78-10, 43
    F.R. 16691; Executive Order No. 12501, 43 F. R. 15131). People's
    Republic of China: October 23, 1979 (Presidential Determination No. 80-
    2, 44 F.R. 64059; Executive Order No. 12167, 44 F. R. 61167).
    Czechoslovakia: February 20, 1990 (Presidential Determination No. 90-
    10, 55 F.R. 8889; Executive Order No. 12702, 55 F. R. 6231). German
    Democratic Republic: (Presidential Determination No. 90-30 of August
    15, 1990; 55 F.R. 35421; Executive Order 12726, 55 F.R. 33637). Soviet
    Union: December 29, 1990 (Presidential Determination No. 91-11, 56 F.R.
    1561; Executive Order 12740, 56 F.R. 355). Bulgaria: January 22, 1991
    (Presidential Determination No. 91-18, 56 F.R. 4169; Executive Order
    12745, 56 F.R. 2835). Mongolia: January 23, 1991 (Presidential
    Determination No. 91-19, 56 F.R. 4171; Executive Order 12746, 56 F.R.
    2837). Romania: August 17, 1991 (second waiver) (Presidential
    Determination No. 91-48, 56 F.R. 43861; Executive Order 12772, 56 F.R.
    41621). Armenia: April 3, 1992 (Presidential Determination No. 92-20,
    57 F.R. 13623; Executive Order 12798, 57 F.R. 12175). Belarus [Republic
    of Byelarus]: Kyrgyzstan, and Russian Federation: April 6, 1992
    (Presidential Determination No. 92-20, 57 F.R. 13623; Executive Order
    12802, 57 F.R. 14321). Azerbaijan, Georgia, Kazakhstan, Moldova,
    Ukraine, and Uzbekistan: June 3, 1992 (Presidential Determination No.
    92-25, 57 F.R. 22147; Executive Order 12809, 57 F.R. 23925); Albania:
    June 3, 1992 (Presidential Determination No. 92-26, 57 F.R. 48711;
    Executive Order 12809, 57 F.R. 23925). Tajikistan and Turkmenistan:
    June 24, 1992 (Presidential Determination No. 92-31, 57 F.R. 24931;
    Executive Order 12811, 57 F.R. 28585); Belarus: (second waiver)
    (Executive Order No. 13220, 66 F.R. 35525, July 5, 2000); Belarus:
    (third waiver) (Executive Order No. 13220, 66 F.R. 35527, July 5,
    2001).
    ---------------------------------------------------------------------------
              (B) he has received assurances that the emigration
            practices of that country will henceforth lead
            substantially to the achievement of the objectives of
            this section.
        (3) A waiver with respect to any country shall terminate on
    the day after the waiver authority granted by this subsection
    ceases to be effective with respect to such country pursuant to
    subsection (d). The President may, at any time, terminate by
    Executive order any waiver granted under this subsection.
        (d)(1) \297\ If \298\ the President determines that the
    further extension of the waiver authority granted under
    subsection (c) of this section will substantially promote the
    objectives of this section, he may recommend further extensions
    of such authority for successive 12-month periods. Any such
    recommendations shall--
    ---------------------------------------------------------------------------
        \297\ Sec. 132(a)(2) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 644) struck out paras. (1) through (4),
    redesignated para. (5) as para. (1), and added a new para. (2). See box
    note, page 291, relating to effective date of amendment.
        Prior to this amendment, in Presidential Determination 89-14 of May
    31, 1989 (54 F.R. 26943), the President determined ``pursuant to
    Subsection 402(d)(5) of the Act, that the further extension of the
    waiver authority granted by Subsection 402(c) of the Act will
    substantially promote the objectives of Section 402 of the Act. I
    further determine that the continuation of the waivers applicable to
    the Hungarian People's Republic and the People's Republic of China will
    substantially promote the objectives of Section 402 of the Act.''.
        The waiver applicable to the People's Republic of China was
    extended on May 24, 1990 (Presidential Determination No. 90-21, 55 F.R.
    23183); on May 29, 1991 (Presidential Determination No. 91-36, 56 F.R.
    26757), on June 2, 1992 (Presidential Determination No. 92-29, 57 F.R.
    24539); on May 28, 1993 (Presidential Determination No. 93-23, 58 F.R.
    31329); on June 2, 1994 (Presidential Determination No. 94-26, 59 F.R.
    31103); on June 2, 1995 (Presidential Determination No. 95-23, 60 F.R.
    31047); on May 31, 1996 (Presidential Determination No. 96-29, 61 F.R.
    29455); on May 29, 1997 (Presidential Determination No. 97-25, 62 F.R.
    31313); on June 3, 1998 (Presidential Determination No. 98-25, 63 F.R.
    32705); on June 3, 1999 (Presidential Determination No. 99-28, 64 F.R.
    31113); on June 2, 2000 (Presidential Determination No. 2000-23; 65
    F.R. 36313); and on June 1, 2001 (Presidential Determination No. 2001-
    16, 66 F.R. 30631).
        See also Executive Order 12850 of May 28, 1993 (58 F.R. 31327).
        Similar waivers were extended to Albania, Armenia, Azerbaijan,
    Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Romania,
    Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan
    on June 2, 1994 (Presidential Determination No. 94-27, 59 F.R. 31105).
    These waivers were continued for the same countries except Romania and
    Russian Federation on June 2, 1995 (Presidential Determination No. 95-
    24, 60 F.R. 31049), on June 3, 1996 (Presidential Determination No. 96-
    30, 61 F.R. 29457); and on June 3, 1997 for Albania, Belarus,
    Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan
    (Presidential Determination No. 97-28, 62 F.R. 32019).
        The Presidential waiver for Belarus was extended on June 3, 1998
    (Presidential Determination No. 98-28, 63 F.R. 32709, June 16, 1998);
    on June 3, 1999 (Presidential Determination No. 99-26, 64 F.R. 31109,
    June 11, 1999); on June 2, 2000 (Presidential Determination No. 2000-
    22, 65 F.R. 36311, June 8, 2000); on June 3, 2002 (Presidential
    Determination No. 02-21, 67 F.R. 40833, June 14, 2002); on May 29, 2003
    (Presidential Determination No. 2003-25, 68 F.R. 35527, June 16, 2003);
    and on June 3, 2004 (Presidential Determination No. 2004-33, 69 F.R.
    32431, June 9, 2004).
        The Presidential waiver for Turkmenistan was extended on June 3,
    2004 (Presidential Determination No. 2004-32, 69 F.R. 32429, June 9,
    2004).
        The Presidential waiver for Vietnam was extended on June 3, 1998
    (Presidential Determination No. 98-27, 63 F.R. 32707); on June 3, 1999
    (Presidential Determination No. 99-27, 64 F.R. 31111); on June 2, 2000
    (Presidential Determination No. 2000-21, 65 F.R. 36309); on June 1,
    2001 (Presidential Determination No. 2001-17, 66 F.R. 30633, June 7,
    2001); on June 3, 2002 (Presidential Determination No. 02-22, 67 F.R.
    40835, June 14, 2002); on May 29, 2003 (Presidential Determination
    2003-24, 68 F.R. 35525, June 16, 2003); on June 3, 2004 (Presidential
    Determination 2004-34, 69 F.R. 32433, June 9, 2004); and on June 27,
    2005 (Secretary of State Determination, unnumbered, 70 F.R. 36998, June
    27, 2005).
        The President, in Executive Order 13346 (July 8, 2004; 69 F.R.
    41905), delegated the reporting functions under sec. 401(d)(1) to the
    Secretary of State.
        \298\ Sec. 132(a)(1) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 643) struck out ``If the waiver authority
    granted by subsection (c) of this section has been extended under
    paragraph (3) or (4) for any country for the 12-month period referred
    to in such paragraphs, and the President determines that the further
    extension of such authority will'' and inserted in lieu thereof ``If
    the President determines that the further extension of the waiver
    authority granted under subsection (c) of this section will''. See box
    note, page 291, relating to effective date of amendment.
    ---------------------------------------------------------------------------
              (A) be made not later than 30 days before the
            expiration of such authority;
              (B) be made in a document transmitted to the House of
            Representatives and the Senate setting forth his
            reasons for recommending the extension of such
            authority; and
              (C) include, for each country with respect to which a
            waiver granted under subsection (c) is in effect, a
            determination that continuation of the waiver
            applicable to that country will substantially promote
            the objectives of this section, and a statement setting
            forth his reasons for such determination.
    If the President recommends the further extension of such
    authority, such authority shall continue in effect until the
    end of the 12-month period following the end of the previous
    12-month extension with respect to any country (except for any
    country with respect to which such authority has not been
    extended under this subsection), unless a joint resolution
    described in section 153(a) is enacted into law pursuant to the
    provisions of paragraph (2).\299\
    ---------------------------------------------------------------------------
        \299\ Sec. 132(a)(1)(C) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 644) struck out ``, unless before the
    end of the 60-day period following such previous 12-month extension,
    either the House of Representatives or the Senate adopts, by an
    affirmative vote of a majority of the Members present and voting in the
    House and under the procedures set forth in section 153, a resolution
    disapproving the extension of such authority generally or with respect
    to such country specifically. Such authority shall cease to be
    effective with respect to all countries on the date of the adoption by
    either House before the end of such 60-day period of a resolution
    disapproving the extension of such authority, and shall cease to be
    effective with respect to any country on the date of the adoption by
    either House before the end of such 90-day period of a resolution
    disapproving the extension of such authority with respect to such
    country'' and inserted text beginning at ``, unless * * *''. See box
    note, page 291, relating to effective date of amendment.
    ---------------------------------------------------------------------------
        (2) \299\ (A) The requirements of this paragraph are met if
    the joint resolution is enacted under the procedures set forth
    in section 153, and--
              (i) the Congress adopts and transmits the joint
            resolution to the President before the end of the 60-
            day period beginning on the date the waiver authority
            would expire but for an extension under paragraph (1),
            and
              (ii) if the President vetoes the joint resolution,
            each House of Congress votes to override such veto on
            or before the later of the last day of the 60-day
            period referred to in clause (i) or the last day of the
            15-day period (excluding any day described in section
            154(b)) beginning on the date the Congress receives the
            veto message from the President.
        (B) If a joint resolution is enacted into law under the
    provisions of this paragraph, the waiver authority applicable
    to any country with respect to which the joint resolution
    disapproves of the extension of such authority shall cease to
    be effective as of the day after the 60-day period beginning on
    the date of the enactment of the joint resolution.
        (C) A joint resolution to which this subsection and section
    153 apply may be introduced at any time on or after the date
    the President transmits to the Congress the document described
    in paragraph (1)(B).
        (e) This section shall not apply to any country the
    products of which are eligible for the rates set forth in rate
    column numbered 1 of the Tariff Schedules of the United States
    on the date of the enactment of this Act.

    SEC. 403.\300\ UNITED STATES PERSONNEL MISSING IN ACTION IN SOUTHEAST
                        ASIA.

        (a) Notwithstanding any other provision of law, if the
    President determines that a nonmarket economy country is not
    cooperating with the United States--
    ---------------------------------------------------------------------------
        \300\ 19 U.S.C. 2433.
    ---------------------------------------------------------------------------
              (1) to achieve a complete accounting of all United
            States military and civilian personnel who are missing
            in action in Southeast Asia,
              (2) to repatriate such personnel who are alive, and
              (3) to return the remains of such personnel who are
            dead to the United States,
    then, during the period beginning with the date of such
    determination and ending on the date on which the President
    determines such country is cooperating with the United States,
    he may provide that--
              (A) the products of such country may not receive
            nondiscriminatory treatment,
              (B) such country may not participate, directly or
            indirectly, in any program under which the United
            States extends credit, credit guarantees or investment
            guarantees, and
              (C) no commercial agreement entered into under this
            title between such country and the United States will
            take effect.
        (b) This section shall not apply to any country the
    products of which are eligible for the rates set forth in rate
    column numbered 1 of the Tariff Schedules of the United States
    on the date of the enactment of this Act.

    SEC. 404.\301\ EXTENSION OF NONDISCRIMINATORY TREATMENT.

        (a) Subject to the provisions of section 405(c), the
    President may by proclamation extend nondiscriminatory
    treatment to the products of a foreign country which has
    entered into a bilateral commercial agreement referred to in
    section 405.
    ---------------------------------------------------------------------------
        \301\ 19 U.S.C. 2434. See also Public Law 102-157 (105 Stat. 1040),
    relating to Mongolia; Public Law 102-158 (105 Stat. 1041), relating to
    Bulgaria; Public Law 102-197 (105 Stat. 1622), relating to the Union of
    Soviet Socialist Republics; Public Law 102-363 (106 Stat. 969),
    relating to Albania, Public Law 104-162 (110 Stat. 1414), relating to
    Bulgaria, and Public Law 104-171 (110 Stat. 1539), relating to Romania.
        See also Public Law 102-182 (105 Stat. 1233) as it relates to
    Czechoslovakia, Estonia, Hungary, Latvia, and Lithuania; Public Law
    102-420 (106 Stat. 2149) relating to Serbia and Montenegro; Public Law
    106-36 (113 Stat. 180) relating to Mongolia; Public Law 106-200 (114
    Stat. 257) relating to Albania and Kyrgyzstan; Public Law 106-286 (114
    Stat. 880) relating to China; Public Law 106-476 (114 Stat. 2175)
    relating to Georgia; Public Law 107-52 (115 Stat. 268) relating to
    Vietnam; and Public Law 108-429 (118 Stat. 2434) relating to Armenia.
    ---------------------------------------------------------------------------
        (b) The application of nondiscriminatory treatment shall be
    limited to the period of effectiveness of the obligations of
    the United States to such country under such bilateral
    commercial agreement. In addition, in the case of any foreign
    country receiving nondiscriminatory treatment pursuant to this
    title which has entered into an agreement with the United
    States regarding the settlement of lend-lease reciprocal aid
    and claims, the application of such nondiscriminatory treatment
    shall be limited to periods during which such country is not in
    arrears on its obligations under such agreement.
        (c) The President may at any time suspend or withdraw any
    extension of nondiscriminatory treatment to any country
    pursuant to subsection (a) and thereby cause all products of
    such country to be dutiable at the rates set forth in rate
    column numbered 2 of the Harmonized Tariff Schedule \302\ of
    the United States.
    ---------------------------------------------------------------------------
        \302\ Sec. 1214(j)(3) of Public Law 100-418 (102 Stat. 1158) struck
    out ``Tariff Schedules for'' and inserted in lieu thereof ``Harmonized
    Tariff Schedule''.
    ---------------------------------------------------------------------------

    SEC. 405.\303\ AUTHORITY TO ENTER INTO COMMERCIAL AGREEMENTS.

        (a) Subject to the provisions of subsections (b) and (c) of
    this section, the President may authorize the entry into force
    of bilateral commercial agreements providing nondiscriminatory
    treatment to the products of countries heretofore denied such
    treatment whenever he determines that such agreements with such
    countries will promote the purposes of this Act and are in the
    national interest.\304\
    ---------------------------------------------------------------------------
        \303\ 19 U.S.C. 2435.
        \304\ Bilateral agreements pursuant to sec. 405 were entered into
    with Romania on April 24, 1975 (Presidential Proclamation No. 4369, 40
    F.R. 18389); Hungary on April 7, 1978 (Presidential Proclamation No.
    4560, 43 F.R. 15125); China on October 23, 1979 (Presidential
    Proclamation No. 4697, 44 F.R. 61161); Czech and Slovak Federal
    Republic on September 6, 1990 (Presidential Proclamation No. 6175, 55
    F.R. 37643); Bulgaria on June 24, 1991 (Presidential Proclamation No.
    6307, 56 F.R. 29787); Mongolia on June 24, 1991 (Presidential
    Proclamation No. 6308, 56 F.R. 29834); Union of Soviet Socialist
    Republics on August 2, 1991 (Presidential Proclamation No. 6320, 56
    F.R. 37407); Albania on June 15, 1992 (Presidential Proclamation No.
    6445, 57 F.R. 26921); Romania (second agreement) on June 22, 1992
    (Presidential Proclamation No. 6449, 57 F.R. 28033); Vietnam on June 8,
    2001 (Presidential Proclamation No. 7449, 66 F.R. 31375).
        Pursuant to sec. 405, on September 6, 1990, the President
    determined ``that the `Agreement on Trade Relations Between the
    Government of the United States of America and the Government of the
    Czechoslovak Federative Republic' will promote the purposes of the
    Trade Act and is in the national interest.'' (Presidential Memorandum
    of September 6, 1990; 55 F.R. 39259).
        Similar determinations were made relating to the Republic of
    Bulgaria on June 24, 1991 (Presidential Determination No. 91-43; 56
    F.R. 31037; July 8, 1991); Mongolian People's Republic on June 24, 1991
    (Presidential Determination No. 91-44; 56 F.R. 31039; July 8, 1991);
    Union of Soviet Socialist Republics on August 2, 1991 (Presidential
    Determination No. 91-47; 56 F.R. 40741; August 15, 1991); Republic of
    Albania on June 15, 1992 (Presidential Determination No. 92-33; 57 F.R.
    28583; June 26, 1992; and Proclamation 6445 of June 15, 1992; 57 F.R.
    26921).
    ---------------------------------------------------------------------------
        (b) Any such bilateral commercial agreement shall--
              (1) \305\ be limited to an initial period specified
            in the agreement which shall be no more than 3 years
            from the date the agreement enters into force; except
            that it may be renewable for additional periods, each
            not to exceed 3 years; if--
    ---------------------------------------------------------------------------
        \305\ On June 22, 1990, the President determined ``that actual or
    foreseeable reductions in U.S. tariffs and non-tariff trade barriers
    resulting from multilateral negotiations are satisfactorily
    reciprocated by the Republic of Hungary. I have further found that a
    satisfactory balance of concessions in trade and services has been
    maintained during the life of the Agreement on Trade Relations between
    the United States of America and the Republic of Hungary.''
    (Presidential Determination No. 90-27 of June 22, 1990; 55 F.R. 25945).
        A similar determination was made for the People's Republic of China
    on January 31, 1992 (Presidential Determination No. 92-12; 57 F.R.
    19077); and reconfirmed on June 21, 1996 (Presidential Determination
    No. 96-33; 61 F.R. 32631).
        Similar determinations were made relating to Belarus on March 7,
    1996 (Presidential Determination No. 96-15; 61 F.R. 49935); Kazakhstan
    on March 7, 1996 (Presidential Determination No. 96-16; 61 F.R. 49937);
    Albania on August 27, 1996 (Presidential Determination No. 96-44; 61
    F.R. 45849); Kyrgyzstan on August 27, 1996 (Presidential Determination
    No. 96-45; 61 F.R. 45861); Ukraine on August 27, 1996 (Presidential
    Determination No. 96-46; 61 F.R. 45863); Armenia on August 27, 1996
    (Presidential Determination No. 96-47; 61 F.R. 45865); Moldova on
    August 27, 1996 (Presidential Determination No. 96-48; 61 F.R. 45867);
    Georgia on August 27, 1997 (Presidential Determination No. 96-49; 61
    F.R. 45869); Turkmenistan on November 20, 1996 (Presidential
    Determination No. 97-5; 61 F.R. 59303); Uzbekistan on November 26, 1996
    (Presidential Determination No. 97-6; 61 F.R. 63693); and Tajikistan on
    November 26, 1996 (Presidential Determination No. 97-7; 61 F.R. 63695).
    ---------------------------------------------------------------------------
                      (A) a satisfactory balance of concessions in
                    trade and services has been maintained during
                    the life of such agreement, and
                      (B) the President determines that actual or
                    foreseeable reductions in United States tariffs
                    and nontariff barriers to trade resulting from
                    multilateral negotiations are satisfactorily
                    reciprocated by the other party to the
                    bilateral agreement;
              (2) provide that it is subject to suspension or
            termination at any time for national security reasons,
            or that the other provisions of such agreement shall
            not limit the rights of any party to take any action
            for the protection of its security interests;
              (3) include safeguard arrangements (A) providing for
            prompt consultations whenever either actual or
            prospective imports cause or threaten to cause, or
            significantly contribute to, market disruption and (B)
            authorizing the imposition of such import restrictions
            as may be appropriate to prevent such market
            disruption;
              (4) if the other party to the bilateral agreement is
            not a party to the Paris Convention for the Protection
            of Industrial Property, provide rights for United
            States nationals with respect to patents and trademarks
            in such country not less than the rights specified in
            such convention;
              (5) if the other party to the bilateral agreement is
            not a party to the Universal Copyright Convention,
            provide rights for United States nationals with respect
            to copyrights in such country not less than the rights
            specified in such convention;
              (6) in the case of an agreement entered into or
            renewed after the date of the enactment of this Act,
            provide arrangements for the protection of industrial
            rights and processes;
              (7) provide arrangements for the settlement of
            commercial differences and disputes;
              (8) in the case of an agreement entered into or
            renewed after the date of the enactment of this Act,
            provide arrangements for the promotion of trade, which
            may include arrangements \306\ for the establishment of
            expansion of trade and tourist promotion offices, for
            facilitation of activities of governmental commercial
            officers, participation in trade fairs and exhibits,
            and the sending of trade missions, and for facilitation
            of entry, establishment, and travel of commercial
            representatives;
    ---------------------------------------------------------------------------
        \306\ Sec. 1106(f)(3) of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 312) struck out ``those'' and inserted in lieu
    thereof ``arrangement''.
    ---------------------------------------------------------------------------
              (9) provide for consultations for the purpose of
            reviewing the operation of the agreement and relevant
            aspects of relations between the United States and the
            other party; and
              (10) provide such other arrangements of a commercial
            nature as will promote the purposes of this Act.
        (c) \307\ An agreement referred to in subsection (a), and a
    proclamation referred to in section 404(a) implementing such
    agreement, shall take effect only if a joint resolution
    described in section 151(b)(3) that approves of the agreement
    referred to in subsection (a) is enacted into law.
    ---------------------------------------------------------------------------
        \307\ Sec. 132(b)(1) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 645) amended and restated subsec. (c). See box
    note, page 291, relating to effective date of amendment.
    ---------------------------------------------------------------------------

    SEC. 406.\308\ MARKET DISRUPTION.

        (a)(1) Upon the filing of a petition by an entity described
    in section 202(a),\309\ upon request of the President or the
    United States Trade Representative,\310\ upon resolution of
    either the Committee on Ways and Means of the House of
    Representatives or the Committee on Finance of the Senate, or
    on its own motion, the International Trade Commission
    (hereafter in this section referred to as the ``Commission'')
    shall promptly make an investigation to determine, with respect
    to imports of an article which is the product of a Communist
    country, whether market disruption exists with respect to an
    article produced by a domestic industry.
    ---------------------------------------------------------------------------
        \308\ 19 U.S.C. 2436. The President issued a memorandum for the
    USTR on April 21, 1994 in which he ``determined that import relief for
    honey is not in the national economic interest of the United States.
    However, I am directing the USTR, in consultation with the appropriate
    agencies, to develop a plan to monitor imports of honey from China . .
    .'' (59 F.R. 19627).
        \309\ Sec. 406 was amended by sec. 1411(b) of the Omnibus Trade and
    Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1242) which
    substituted ``202(a)'' in lieu of ``201(a)(1)'' in subsecs. (a)(1) and
    (d); and inserted ``subsections (a)(3), (b)(4), and (c)(4) of section
    202'' in lieu of ``subsections (a)(2), (b)(3), and (c) of section 201''
    in subsec. (a)(2).
        Sec. 1411(c) of that Act further stated the following:
        ``(c) Effective Date.--The amendments made by subsections (a) and
    (b) apply with respect to investigations initiated under section 406(a)
    of the Trade Act of 1974 on or after the date of the enactment of this
    Act.''.
        \310\ This position, formerly entitled the Special Representative
    for Trade Negotiations, was redesignated as the United States Trade
    Representative pursuant to sec. 1(b)(1) of Reorganization Plan No. 3 of
    1979.
    ---------------------------------------------------------------------------
        (2) The provisions of subsections (a)(3), (b)(4), and
    (c)(4) of section 202 \309\ shall apply with respect to
    investigations by the Commission under paragraph (1).
        (3) The Commission shall report to the President its
    determination with respect to each investigation under
    paragraph (1) and the basis therefor and shall include in each
    report any dissenting or separate views. If the Commission
    finds, as a result of its investigation, that market disruption
    exists with respect to an article produced by a domestic
    industry, it shall find the amount of the increase in, or
    imposition of, any duty or other import restriction on such
    article which is necessary to prevent or remedy such market
    disruption and shall include such finding in its report to the
    President. The Commission shall furnish to the President a
    transcript of the hearings and any briefs which may have been
    submitted in connection with each investigation.
        (4) The report of the Commission of its determination with
    respect to an investigation under paragraph (1) shall be made
    at the earliest practicable time, but not later than 3 months
    after the date on which the petition is filed (or the date on
    which the request or resolution is received or the motion is
    adopted, as the case may be). Upon making such report to the
    President, the Commission shall also promptly make public such
    report (with exception of information which the Commission
    determines to be confidential) and shall cause a summary
    thereof to be published in the Federal Register.
      (b) \311\ With respect to any affirmative determination of
    the Commission under subsection (a)--
    ---------------------------------------------------------------------------
        \311\ Sec. 1411(a) of Public Law 100-418 (102 Stat. 1241) amended
    and restated subsec. (b).
    ---------------------------------------------------------------------------
              (1) such determination shall be treated as an
            affirmative determination made under section 201(b) of
            this Act (as in effect on the day before the date of
            the enactment of the Omnibus Trade and Competitiveness
            Act of 1988); and
              (2) sections 202 and 203 of this Act (as in effect on
            the day before the date of the enactment of such Act of
            1988), rather than the provisions of chapter 1 of title
            II of this Act as amended by section 1401 of such Act
            of 1988, shall apply with respect to the taking of
            subsequent action, if any, by the President in response
            to such affirmative determination;
    except that--
                      (A) the President may take action under such
                    sections 202 and 203 only with respect to
                    imports from the country or countries involved
                    of the article with respect to which the
                    affirmative determination was made; and
                      (B) if such action consists of, or includes,
                    an orderly marketing agreement, such agreement
                    shall be entered into within 60 days after the
                    import relief determination date.
        (c) If, at any time, the President finds that there are
    reasonable grounds to believe, with respect to imports of an
    article which is the product of a Communist country, that
    market disruption exists with respect to an article produced by
    a domestic industry, he shall request the Commission to
    initiate an investigation under subsection (a). If the
    President further finds that emergency action is necessary, he
    may take action under sections 202 and 203 referred to in
    subsection (b) \312\ as if an affirmative determination of the
    Commission had been made under subsection (a). Any action taken
    by the President under the preceding sentence shall cease to
    apply (1) if a negative determination is made by the Commission
    under subsection (a) with respect to imports of such article,
    on the day on which the Commission's report of such
    determination is submitted to the President, or (2) if an
    affirmative determination is made by the Commission under
    subsection (a) with respect to imports of such article, on the
    day on which the action taken by the President pursuant to such
    determination becomes effective.
    ---------------------------------------------------------------------------
        \312\ Sec. 1411(a)(2) of Public Law 100-418 (102 Stat. 1242) added
    the words ``referred to in subsection (b)''.
    ---------------------------------------------------------------------------
        (d)(1) A petition may be filed with the President by an
    entity described in section 202(a) \309\ requesting the
    President to initiate consultations provided for by the
    safeguard arrangements of any agreement entered into under
    section 405 with respect to imports of an article which is the
    product of the country which is the other party to such
    agreement.
        (2) If the President determines that there are reasonable
    grounds to believe, with respect to imports of such article,
    that market disruption exists with respect to an article
    produced by a domestic industry, he shall initiate
    consultations with such country with respect to such imports.
        (e) For purposes of this section--
              (1) The term ``Communist country'' means any country
            dominated or controlled by communism.
              (2)(A) \313\ Market disruption exists within a
            domestic industry whenever imports of an article, like
            or directly competitive with an article produced by
            such domestic industry, are increasing rapidly, either
            absolutely or relatively, so as to be a significant
            cause of material injury, or threat thereof, to such
            domestic industry.
    ---------------------------------------------------------------------------
        \313\ Sec. 1411(a) of Public Law 100-418 (102 Stat. 1241) inserted
    ``(A)'' after ``(2)'' and added new subparas. ``(B)'' and ``(C)''.
    Previously, sec. 1001(a)(4) of Public Law 106-36 (113 Stat. 130) made
    technical corrections to subparas. (B) and (C).
    ---------------------------------------------------------------------------
              (B) For purposes of subparagraph (A):
                      (i) Imports of an article shall be considered
                    to be increasing rapidly if there has been a
                    significant increase in such imports (either
                    actual or relative to domestic production)
                    during a recent period of time.
                      (ii) The term ``significant cause'' refers to
                    a cause which contributes significantly to the
                    material injury of the domestic industry, but
                    need not be equal to or greater than any other
                    cause.
              (C) The Commission, in determining whether market
            disruption exists, shall consider, among other
            factors--
                      (i) the volume of imports of the merchandise
                    which is the subject of the investigation;
                      (ii) the effect of imports of the merchandise
                    on prices in the United States for like or
                    directly competitive articles;
                      (iii) the impact of imports of such
                    merchandise on domestic producers of like or
                    directly competitive articles; and
                      (iv) evidence of disruptive pricing
                    practices, or other efforts to unfairly manage
                    trade patterns.

    SEC. 407.\314\ PROCEDURE FOR CONGRESSIONAL APPROVAL OR DISAPPROVAL OF
                        EXTENSION OF NONDISCRIMINATORY TREATMENT AND
                        PRESIDENTIAL REPORTS.

        (a) Whenever the President issues a proclamation under
    section 404 extending nondiscriminatory treatment to the
    products of any foreign country, he shall promptly transmit to
    the House of Representatives and to the Senate a document
    setting forth the proclamation and the agreement the
    proclamation proposes to implement, together with his reasons
    therefor.
    ---------------------------------------------------------------------------
        \314\ 19 U.S.C. 2437.
    ---------------------------------------------------------------------------
        (b) The President shall transmit to the House of
    Representatives and the Senate a document containing the
    initial report submitted by him under section 402(b) or 409(b)
    with respect to a nonmarket economy country. On or before
    December 31 of each year, the President shall transmit to the
    House of Representatives and the Senate, a document containing
    the report required by section 402(b) or 409(b) as the case may
    be, to be submitted on or before such December 31.
        (c) \315\ (1) In the case of a document referred to in
    subsection (a), the proclamation set forth in the document may
    become effective and the agreement set forth in the document
    may enter into force and effect only if a joint resolution
    described in section 151(b)(3) that approves of the extension
    of nondiscriminatory treatment to the products of the country
    concerned is enacted into law.
    ---------------------------------------------------------------------------
        \315\ Sec. 132(b)(3) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 646) struck out paras. (1) and (2) of subsec.
    (c), inserted new text for para. (1), and redesignated para. (3) as
    para. (2). See box note, page 291, relating to effective date of
    amendment.
    ---------------------------------------------------------------------------
        (2) In the case of a document referred to in subsection (b)
    which contains a report submitted by the President under
    section 402(b) or 409(b) with respect to a nonmarket economy
    country, if, before the close of the 90-day period beginning on
    the day on which such document is delivered to the House of
    Representatives and to the Senate, a joint resolution described
    in section 152(a)(1)(B) is enacted into law that disapproves
    \316\ of the report submitted by the President with respect to
    such country, then beginning with the day after the end of the
    60-day period beginning with the date of the enactment \317\ of
    such resolution of disapproval, (A) nondiscriminatory treatment
    shall not be in force with respect to the products of such
    country, and the products of such country shall be dutiable at
    the rates set forth in rate column numbered 2 of the Harmonized
    Tariff Schedule \318\ of the United States, (B) such country
    may not participate in any program of the Government of the
    United States which extends credit or credit guarantees or
    investment guarantees, and (C) no commercial agreement may
    thereafter be concluded with such country under this title. If
    the President vetoes the joint resolution, the joint resolution
    shall be treated as enacted into law before the end of the 90-
    day period under this paragraph if both Houses of Congress vote
    to override such veto on or before the later of the last day of
    such 90-day period or the last day of the 15-day period
    (excluding any day described in section 154(b)) beginning on
    the date the Congress receives the veto message from the
    President.\319\
    ---------------------------------------------------------------------------
        \316\ Sec. 132(c)(1)(A) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 646) struck out ``either the House of
    Representatives or the Senate adopts, by an affirmative vote of a
    majority of those present and voting in that House, a resolution of
    disapproval (under the procedures set forth in section 152)'' and
    inserted in lieu thereof ``a joint resolution described in section
    152(a)(1)(B) is enacted into law that disapproves''. See box note, page
    291, relating to effective date of amendment.
        \317\ Sec. 132(c)(1)(B) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 646) struck out ``the date of the
    adoption'' and inserted in lieu thereof ``the end of the 60-day period
    beginning with the date of the enactment''. See box note, page 291,
    relating to effective date of amendment.
        \318\ Sec. 1214(j)(4) of Public Law 100-418 (102 Stat. 1158) struck
    out ``Tariff Schedules of'' and inserted in lieu thereof ``Harmonized
    Tariff Schedule of''.
        \319\ Sec. 132(c)(1)(C) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 646) added the last sentence. See box
    note, page 291, relating to effective date of amendment.
    ---------------------------------------------------------------------------

    SEC. 408.\320\ PAYMENT BY CZECHOSLOVAKIA OF AMOUNTS OWED UNITED STATES
                        CITIZENS AND NATIONALS.

        (a) The arrangement initiated on July 5, 1974, with respect
    to the settlement of the claims of citizens and nationals of
    the United States against the Government of Czechoslovakia
    shall be renegotiated and shall be submitted to the Congress as
    part of any agreement entered into under this title with
    Czechoslovakia.
    ---------------------------------------------------------------------------
        \320\ 19 U.S.C. 2438.
    ---------------------------------------------------------------------------
        (b) The United States shall not release any gold belonging
    to Czechoslovakia and controlled directly or indirectly by the
    United States pursuant to the provisions of the Paris
    Reparations Agreement of January 24, 1946, or otherwise, until
    such agreement has been approved by the Congress.

    SEC. 409.\321\ FREEDOM TO EMIGRATE TO JOIN A VERY CLOSE RELATIVE IN THE
                        UNITED STATES.

        (a) \322\ To assure the continued dedication of the United
    States to the fundamental human rights and welfare of its own
    citizens, and notwithstanding any other provision of law, on or
    after the date of the enactment of this Act, no nonmarket
    economy country shall participate in any program of the
    Government of the United States which extends credits or credit
    guarantees or investment guarantees, directly or indirectly,
    and the President of the United States shall not conclude any
    commercial agreement with any such country, during the period
    beginning with the date on which the President determines that
    such country--
    ---------------------------------------------------------------------------
        \321\ 19 U.S.C. 2439.
        \322\ A Presidential Determination of January 22, 1991 (unnumbered)
    stated that the Republic of Hungary continued ``to meet the emigration
    criteria of the Jackson-Vanik amendment to, and section 409 of, the
    Trade Act of 1974. This determination allowed for Hungary to retain
    most favored nation (MFN) status without an annual waiver.''. The
    President extended this determination on August 5, 1991 (letter to
    Speaker of the House and President of the Senate).
    ---------------------------------------------------------------------------
              (1) denies its citizens the right or opportunity to
            join permanently through emigration, a very close
            relative in the United States, such as a spouse,
            parent, child, brother, or sister;
              (2) imposes more than a nominal tax on the visas or
            other documents required for emigration described in
            paragraph (1); or
              (3) imposes more than a nominal tax, levy, fine, fee,
            or other charge on any citizen as a consequence of the
            desire of such citizen to emigrate as described in
            paragraph (1),
    and ending on the date on which the President determines that
    such country is no longer in violation of paragraph (1), (2),
    or (3).
        (b) After the date of the enactment of this Act, (A) a
    nonmarket economy country may participate in any program of the
    Government of the United States which extends credits or credit
    guarantees or investment guarantees, and (B) the President may
    conclude a commercial agreement with such country, only after
    the President has submitted to the Congress a report indicating
    that such country is not in violation of paragraph (1), (2), or
    (3) of subsection (a). Such report with respect to such country
    shall include information as to the nature and implementation
    of its laws and policies and restrictions or discrimination
    applied to or against persons wishing to emigrate to the United
    States to join close relatives. The report required by this
    subsection shall be submitted initially as provided herein and,
    with current information, on or before each June 30 and
    December 31 thereafter, so long as such credits or guarantees
    are extended or such agreement is in effect.
        (c) This section shall not apply to any country the
    products of which are eligible for the rates set forth in rate
    column numbered 1 of the Tariff Schedules of the United States
    on the date of enactment of this Act.
        (d) During any period that a waiver is in effect with
    respect to any nonmarket economy country under section 402(c),
    the provisions of subsections (a) and (b) shall not apply with
    respect to such country.

    SEC. 410.\323\ * * * [REPEALED--1996]

    SEC. 411.\324\ * * * [REPEALED--1998]

    CHAPTER 2--RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION OF
                    TRADE TO THE UNITED STATES MARKET \325\

    SEC. 421.\326\ ACTION TO ADDRESS MARKET DISRUPTION.

        (a) Presidential Action.--If a product of the People's
    Republic of China is being imported into the United States in
    such increased quantities or under such conditions as to cause
    or threaten to cause market disruption to the domestic
    producers of a like or directly competitive product, the
    President shall, in accordance with the provisions of this
    section, proclaim increased duties or other import restrictions
    with respect to such product, to the extent and for such period
    as the President considers necessary to prevent or remedy the
    market disruption.
    ---------------------------------------------------------------------------
        \323\ Formerly at 19 U.S.C. 2440. Sec. 17 of Public Law 104-295
    (110 Stat. 3524) repealed sec. 410, which had provided for an ``East-
    West trade statistics monitoring system''.
        \324\ Formerly at 19 U.S.C. 2441. Sec. 1401(b)(2) of Public Law
    105-362 (112 Stat. 3294) repealed sec. 411, which had established an
    ``East-West Foreign Trade Board''. Sec. 1001(a)(4) Public Law 106-36
    (113 Stat. 130) repealed the section (and the item relating to it in
    the table of contents) as well, failing to take into account its
    earlier repeal.
        \325\ Sec. 103(a)(3) of Public Law 106-286 (114 Stat. 882) added
    this chapter heading and secs. 421 through 423.
        \326\ 19 U.S.C. 2451a.
    ---------------------------------------------------------------------------
        (b) Initiation of an Investigation.--(1) Upon the filing of
    a petition by an entity described in section 2252(c) of this
    title, upon request of the President or the United States Trade
    Representative (in this part referred to as the ``Trade
    Representative''), upon resolution of either the Committee on
    and Means of the House of Representatives, or the Committee on
    Finance of the Senate (in this chapter \327\ referred to as the
    `Committees') or on this chapter \327\ referred to as the
    `Commission') shall promptly make an investigation to determine
    whether products of the People's Republic of China are being
    imported into the United States in such increased quantities or
    under such conditions as to cause or threaten to cause market
    disruption to the domestic producers of like or directly
    competitive products.
    ---------------------------------------------------------------------------
        \327\ Sec. 2204(d)(3) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
    ``subtitle'' and inserted in lieu thereof ``chapter''.
    ---------------------------------------------------------------------------
        (2) The limitations on investigations set forth in section
    202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall
    apply to investigations conducted under this section.
        (3) The provisions of subsections (a)(8) and (i) of section
    202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)),
    relating to treatment of confidential business information,
    shall apply to investigations conducted under this section.
        (4) Whenever a petition is filed, or a request or
    resolution is received, under this subsection, the Commission
    shall transmit a copy thereof to the President, the Trade
    Representative, the Committee on Ways and Means of the House of
    Representatives, and the Committee on Finance of the Senate,
    except that in the case of confidential business information,
    the copy may include only nonconfidential summaries of such
    information.
        (5) The Commission shall publish notice of the commencement
    of any proceeding under this subsection in the Federal Register
    and shall, within a reasonable time thereafter, hold public
    hearings at which the Commission shall afford interested
    parties an opportunity to be present, to present evidence, to
    respond to the presentations of other parties, and otherwise to
    be heard.
        (c) Market Disruption.--(1) For purposes of this section,
    market disruption exists whenever imports of an article like or
    directly competitive with an article produced by a domestic
    industry are increasing rapidly, either absolutely or
    relatively, so as to be a significant cause of material injury,
    or threat of material injury, to the domestic industry.
        (2) For purposes of paragraph (1) the term ``significant
    cause'' refers to a cause which contributes significantly to
    the material injury of the domestic industry, but need not be
    equal to or greater than any other cause.
        (d) Factors in Determination.--In determining whether
    market disruption exists, the Commission shall consider
    objective factors, including--
              (1) the volume of imports of the product which is the
            subject of the investigation;
              (2) the effect of imports of such product on prices
            in the United States for like or directly competitive
            articles; and
              (3) the effect of imports of such product on the
            domestic industry producing like or directly
            competitive articles.
    The presence or absence of any factor under paragraph (1), (2),
    or (3) is not necessarily dispositive of whether market
    disruption exists.
        (e) Time for Commission Determinations.--The Commission
    shall make and transmit to the President and the Trade
    Representative its determination under subsection (b)(1) at the
    earliest practicable time, but in no case later than 60 days
    (or 90 days in the case of a petition requesting relief under
    subsection (i)) after the date on which the petition is filed,
    the request or resolution is received, or the motion is
    adopted, under subsection (b). If the Commissioners voting are
    equally divided with respect to its determination, then the
    determination agreed upon by either group of Commissioners may
    be considered by the President and the Trade Representative as
    the determination of the Commission.
        (f) Recommendations of Commission on Proposed Remedies.--If
    the Commission makes an affirmative determination under
    subsection (b), or a determination which the President or the
    Trade Representative may consider as affirmative under
    subsection (e), the Commission shall propose the amount of
    increase in, or imposition of, any duty or other import
    restrictions necessary to prevent or remedy the market
    disruption. Only those members of the Commission who agreed to
    the affirmative determination under subsection (b) are eligible
    to vote on the proposed action to prevent or remedy market
    disruption. Members of the Commission who did not agree to the
    affirmative determination may submit, in the report required
    under subsection (g), separate views regarding what action, if
    any, should be taken to prevent or remedy market disruption.
        (g) Report by Commission.--(1) Not later than 20 days after
    a determination under subsection (b) is made, the Commission
    shall submit a report to the President and the Trade
    Representative.
        (2) The Commission shall include in the report required
    under paragraph (1) the following:
              (A) The determination made under subsection (b) and
            an explanation of the basis for the determination.
              (B) If the determination under subsection (b) is
            affirmative, or may be considered by the President or
            the Trade Representative as affirmative under
            subsection (e), the recommendations of the Commission
            on proposed remedies under subsection (f ) and an
            explanation of the basis for each recommendation.
              (C) Any dissenting or separate views by members of
            the Commission regarding the determination and any
            recommendation referred to in subparagraphs (A) and
            (B).
              (D) A description of--
                      (i) the short- and long-term effects that
                    implementation of the action recommended under
                    subsection (f) is likely to have on the
                    petitioning domestic industry, on other
                    domestic industries, and on consumers; and
                      (ii) the short- and long-term effects of not
                    taking the recommended action on the
                    petitioning domestic industry, its workers, and
                    the communities where production facilities of
                    such industry are located, and on other
                    domestic industries.
        (3) The Commission, after submitting a report to the
    President under paragraph (1), shall promptly make it available
    to the public (but shall not include confidential business
    information) and cause a summary thereof to be published in the
    Federal Register.
        (h) Opportunity to Present Views and Evidence on Proposed
    Measure and Recommendation to the President.--(1) Within 20
    days after receipt of the Commission's report under subsection
    (g) (or 15 days in the case of an affirmative preliminary
    determination under subsection (i)(1)(B)), the Trade
    Representative shall publish in the Federal Register notice of
    any measure proposed by the Trade Representative to be taken
    pursuant to subsection (a) and of the opportunity, including a
    public hearing, if requested, for importers, exporters, and
    other interested parties to submit their views and evidence on
    the appropriateness of the proposed measure and whether it
    would be in the public interest.
        (2) Within 55 days after receipt of the report under
    subsection (g) (or 35 days in the case of an affirmative
    preliminary determination under subsection (i)(1)(B)), the
    Trade Representative, taking into account the views and
    evidence received under paragraph (1) on the measure proposed
    by the Trade Representative, shall make a recommendation to the
    President concerning what action, if any, to take to prevent or
    remedy the market disruption.
        (i) Critical Circumstances.--(1) When a petition filed
    under subsection (b) alleges that critical circumstances exist
    and requests that provisional relief be provided under this
    subsection with respect to the product identified in the
    petition, the Commission shall, not later than 45 days after
    the petition containing the request is filed--
              (A) determine whether delay in taking action under
            this section would cause damage to the relevant
            domestic industry which would be difficult to repair;
            and
              (B) if the determination under subparagraph (A) is
            affirmative, make a preliminary determination of
            whether imports of the product which is the subject of
            the investigation have caused or threatened to cause
            market disruption.
    If the Commissioners voting are equally divided with respect to
    either of its determinations, then the determination agreed
    upon by either group of Commissioners may be considered by the
    President and the Trade Representative as the determination of
    the Commission.
      (2) On the date on which the Commission completes its
    determinations under paragraph (1), the Commission shall
    transmit a report on the determinations to the President and
    the Trade Representative, including the reasons for its
    determinations. If the determinations under paragraph (1) are
    affirmative, or may be considered by the President or the Trade
    Representative as affirmative under paragraph (1), the
    Commission shall include in its report its recommendations on
    proposed provisional measures to be taken to prevent or remedy
    the market disruption. Only those members of the Commission who
    agreed to the affirmative determinations under paragraph (1)
    are eligible to vote on the proposed provisional measures to
    prevent or remedy market disruption. Members of the Commission
    who did not agree to the affirmative determinations may submit,
    in the report, dissenting or separate views regarding the
    determination and any recommendation of provisional measures
    referred to in this paragraph.
      (3) If the determinations under paragraph (1) are
    affirmative, or may be considered by the President or the Trade
    Representative as affirmative under paragraph (1), the Trade
    Representative shall, within 10 days after receipt of the
    Commission's report, determine the amount or extent of
    provisional relief that is necessary to prevent or remedy the
    market disruption and shall provide a recommendation to the
    President on what provisional measures, if any, to take.
      (4)(A) The President shall determine whether to provide
    provisional relief and proclaim such relief, if any, within 10
    days after receipt of the recommendation from the Trade
    Representative.
      (B) Such relief may take the form of--
              (i) the imposition of or increase in any duty;
              (ii) any modification, or imposition of any
            quantitative restriction on the importation of an
            article into the United States; or
              (iii) any combination of actions under clauses (i)
            and (ii).
      (C) Any provisional action proclaimed by the President
    pursuant to a determination of critical circumstances shall
    remain in effect not more than 200 days.
      (D) Provisional relief shall cease to apply upon the
    effective date of relief proclaimed under subsection (a), upon
    a decision by the President not to provide such relief, or upon
    a negative determination by the Commission under subsection
    (b).
        (j) Agreements with the People's Republic of China.--(1)
    The Trade Representative is authorized to enter into agreements
    for the People's Republic of China to take such action as
    necessary to prevent or remedy market disruption, and should
    seek to conclude such agreements before the expiration of the
    60-day consultation period provided for under the product-
    specific safeguard provision of the Protocol of Accession of
    the People's Republic of China to the WTO, which shall commence
    not later than 5 days after the Trade Representative receives
    an affirmative determination provided for in subsection (e) or
    a determination which the Trade Representative considers to be
    an affirmative determination pursuant to subsection (e).
      (2) If no agreement is reached with the People's Republic of
    China pursuant to consultations under paragraph (1), or if the
    President determines than an agreement reached pursuant to such
    consultations is not preventing or remedying the market
    disruption at issue, the President shall provide import relief
    in accordance with subsection (a).
        (k) Standard for Presidential Action.--(1) Within 15 days
    after receipt of a recommendation from the Trade Representative
    under subsection (h) on the appropriate action, if any, to take
    to prevent or remedy the market disruption, the President shall
    provide import relief for such industry pursuant to subsection
    (a), unless the President determines that provision of such
    relief is not in the national economic interest of the United
    States or, in extraordinary cases, that the taking of action
    pursuant to subsection (a) would cause serious harm to the
    national security of the United States.
      (2) The President may determine under paragraph (1) that
    providing import relief is not in the national economic
    interest of the United States only if the President finds that
    the taking of such action would have an adverse impact on the
    United States economy clearly greater than the benefits of such
    action.
        (l) Publication of Decision and Reports.--(1) The
    President's decision, including the reasons therefor and the
    scope and duration of any action taken, shall be published in
    the Federal Register.
      (2) The Commission shall promptly make public any report
    transmitted under this section, but shall not make public any
    information which the Commission determines to be confidential,
    and shall publish notice of such report in the Federal
    Register.
        (m) Effective Date of Relief.--Import relief under this
    section shall take effect not later than 15 days after the
    President's determination to provide such relief.
        (n) Modifications of Relief.--(1) At any time after the end
    of the 6-month period beginning on the date on which relief
    under subsection (m) first takes effect, the President may
    request that the Commission provide a report on the probable
    effect of the modification, reduction, or termination of the
    relief provided on the relevant industry. The Commission shall
    transmit such report to the President within 60 days of the
    request.
      (2) The President may, after receiving a report from the
    Commission under paragraph (1), take such action to modify,
    reduce, or terminate relief that the President determines is
    necessary to continue to prevent or remedy the market
    disruption at issue.
      (3) Upon the granting of relief under subsection (k), the
    Commission shall collect such data as is necessary to allow it
    to respond rapidly to a request by the President under
    paragraph (1).
        (o) Extension of Action.--(1) Upon request of the
    President, or upon petition on behalf of the industry concerned
    filed with the Commission not earlier than the date which is 9
    months, and not later than the date which is 6 months, before
    the date any relief provided under subsection (k) is to
    terminate, the Commission shall investigate to determine
    whether action under this section continues to be necessary to
    prevent or remedy market disruption.
      (2) The Commission shall publish notice of the commencement
    of any proceeding under this subsection in the Federal Register
    and shall, within a reasonable time thereafter, hold a public
    hearing at which the Commission shall afford interested parties
    and consumers an opportunity to be present, to present
    evidence, and to respond to the presentations of other parties
    and consumers, and otherwise to be heard.
      (3) The Commission shall transmit to the President a report
    on its investigation and determination under this subsection
    not later than 60 days before the action under subsection (m)
    is to terminate.
      (4) The President, after receiving an affirmative
    determination from the Commission under paragraph (3), may
    extend the effective period of any action under this section if
    the President determines that the action continues to be
    necessary to prevent or remedy the market disruption.

    SEC. 422.\328\ ACTION IN RESPONSE TO TRADE DIVERSION.
    ---------------------------------------------------------------------------

        \328\ 19 U.S.C. 2451a. Sec. 103(a)(3) of Public Law 106-286 (114
    Stat. 887) added sec. 422.
    ---------------------------------------------------------------------------
        (a) Monitoring by Customs Service.--In any case in which a
    WTO member other than the United States requests consultations
    with the People's Republic of China under the product-specific
    safeguard provision of the Protocol of Accession of the
    People's Republic of China to the World Trade Organization, the
    Trade Representative shall inform the United States Customs
    Service, which shall monitor imports into the United States of
    those products of Chinese origin that are the subject of the
    consultation request. Data from such monitoring shall promptly
    be made available to the Commission upon request by the
    Commission.
        (b) Initiation of Investigation.--(1) Upon the filing of a
    petition by an entity described in section 202(a) of the Trade
    Act of 1974, upon the request of the President or the Trade
    Representative, upon resolution of either of the Committees, or
    on its own motion, the Commission shall promptly make an
    investigation to determine whether an action described in
    subsection (c) has caused, or threatens to cause, a significant
    diversion of trade into the domestic market of the United
    States.
      (2) The Commission shall publish notice of the commencement
    of any proceeding under this subsection in the Federal Register
    and shall, within a reasonable time thereafter, hold public
    hearings at which the Commission shall afford interested
    parties an opportunity to be present, to present evidence, to
    respond to the presentations of other parties, and otherwise to
    be heard.
      (3) The provisions of subsections (a)(8) and (i) of section
    202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)),
    relating to treatment of confidential business information,
    shall apply to investigations conducted under this section.
        (c) Actions Described.--An action is described in this
    subsection if it is an action--
              (1) by the People's Republic of China to prevent or
            remedy market disruption in a WTO member other than the
            United States;
              (2) by a WTO member other than the United States to
            withdraw concessions under the WTO Agreement or
            otherwise to limit imports to prevent or remedy market
            disruption;
              (3) by a WTO member other than the United States to
            apply a provisional safeguard within the meaning of the
            product-specific safeguard provision of the Protocol of
            Accession of the People's Republic of China to the WTO;
            or
              (4) any combination of actions described in
            paragraphs (1) through (3).
        (d) Basis for Determination of Significant Diversion.--(1)
    In determining whether significant diversion or the threat
    thereof exists for purposes of this section, the Commission
    shall take into account, to the extent such evidence is
    reasonably available--
              (A) the monitoring conducted under subsection (a);
              (B) the actual or imminent increase in United States
            market share held by such imports from the People's
            Republic of China;
              (C) the actual or imminent increase in volume of such
            imports into the United States;
              (D) the nature and extent of the action taken or
            proposed by the WTO member concerned;
              (E) the extent of exports from the People's Republic
            of China to that WTO member and to the United States;
              (F) the actual or imminent changes in exports to that
            WTO member due to the action taken or proposed;
              (G) the actual or imminent diversion of exports from
            the People's Republic of China to countries other than
            the United States;
              (H) cyclical or seasonal trends in import volumes
            into the United States of the products at issue; and
              (I) conditions of demand and supply in the United
            States market for the products at issue.
    The presence or absence of any factor under any of
    subparagraphs (A) through (I) is not necessarily dispositive of
    whether a significant diversion of trade or the threat thereof
    exists.
      (2) For purposes of making its determination, the Commission
    shall examine changes in imports into the United States from
    the People's Republic of China since the time that the WTO
    member commenced the investigation that led to a request for
    consultations described in subsection (a).
      (3) If more than one action by a WTO member or WTO members
    against a particular product is identified in the petition,
    request, or resolution under subsection (b) or during the
    investigation, the Commission may cumulatively assess the
    actual or likely effects of such actions jointly in determining
    whether a significant diversion of trade or threat thereof
    exists.
        (e) Commission Determination; Agreement Authority.--(1) The
    Commission shall make and transmit to the President and the
    Trade Representative its determination under subsection (b) at
    the earliest practicable time, but in no case later than 45
    days after the date on which the petition is filed, the request
    or resolution is received, or the motion is adopted, under
    subsection (b). If the Commissioners voting are equally divided
    with respect to its determination, then the determination
    agreed upon by either group of Commissioners may be considered
    by the President and the Trade Representative as the
    determination of the Commission.
      (2) The Trade Representative is authorized to enter into
    agreements with the People's Republic of China or the other WTO
    members concerned to take such action as necessary to prevent
    or remedy significant trade diversion or threat thereof into
    the domestic market of the United States, and should seek to
    conclude such agreements before the expiration of the 60-day
    consultation period provided for under the product-specific
    safeguard provision of the Protocol of Accession of the
    People's Republic of China to the WTO, which shall commence not
    later than 5 days after the Trade Representative receives an
    affirmative determination provided for in paragraph (1) or a
    determination which the Trade Representative considers to be an
    affirmative determination pursuant to paragraph (1).
      (3) Report by Commission.--
              (A) Not later than 10 days after a determination
            under subsection (b), is made, the Commission shall
            transmit a report to the President and the Trade
            Representative.
              (B) The Commission shall include in the report
            required under subparagraph (A) the following:
                      (i) The determination made under subsection
                    (b) and an explanation of the basis for the
                    determination.
                      (ii) If the determination under subsection
                    (b) is affirmative, or may be considered by the
                    President or the Trade Representative as
                    affirmative under subsection (e)(1), the
                    recommendations of the Commission on increased
                    tariffs or other import restrictions to be
                    imposed to prevent or remedy the trade
                    diversion or threat thereof, and explanations
                    of the bases for such recommendations. Only
                    those members of the Commission who agreed to
                    the affirmative determination under subsection
                    (b) are eligible to vote on the proposed action
                    to prevent or remedy the trade diversion or
                    threat thereof.
                      (iii) Any dissenting or separate views by
                    members of the Commission regarding the
                    determination and any recommendation referred
                    to in clauses (i) and (ii).
                      (iv) A description of--
                              (I) the short- and long-term effects
                            that implementation of the action
                            recommended under clause (ii) is likely
                            to have on the petitioning domestic
                            industry, on other domestic industries,
                            and on consumers; and
                              (II) the short- and long-term effects
                            of not taking the recommended action on
                            the petitioning domestic industry, its
                            workers and the communities where
                            production facilities of such industry
                            are located, and on other domestic
                            industries.
              (C) The Commission, after submitting a report to the
            President under subparagraph (A), shall promptly make
            it available to the public (with the exception of
            confidential business information) and cause a summary
            thereof to be published in the Federal Register.
        (f) Public Comment.--If consultations fail to lead to an
    agreement with the People's Republic of China or the WTO member
    concerned within 60 days, the Trade Representative shall
    promptly publish notice in the Federal Register of any proposed
    action to prevent or remedy the trade diversion, and provide an
    opportunity for interested persons to present views and
    evidence on whether the proposed action is in the public
    interest.
        (g) Recommendation to the President.--Within 20 days after
    the end of consultations pursuant to subsection (e), the Trade
    Representative shall make a recommendation to the President on
    what action, if any, should be taken to prevent or remedy the
    trade diversion or threat thereof.
        (h) Presidential Action.--Within 20 days after receipt of
    the recommendation from the Trade Representative, the President
    shall determine what action to take to prevent or remedy the
    trade diversion or threat thereof.
        (i) Duration of Action.--Action taken under subsection (h)
    shall be terminated not later than 30 days after expiration of
    the action taken by the WTO member or members involved against
    imports from the People's Republic of China.
        (j) Review of Circumstances.-- \329\ The Commission shall
    review the continued need for action taken under subsection (h)
    if the WTO member or members involved notify the Committee on
    Safeguards of the WTO of any modification in the action taken
    by them against the People's Republic of China pursuant to
    consultation referred to in subsection (a). The Commission
    shall, not later than 60 days after such notification,
    determine whether a significant diversion of trade continues to
    exist and report its determination to the President. The
    President shall determine, within 15 days after receiving the
    Commission's report, whether to modify, withdraw, or keep in
    place the action taken under subsection (h).
    ---------------------------------------------------------------------------
        \329\ Sec. 2204(d)(4) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
    ``(1)'' which had appeared at this point.
    ---------------------------------------------------------------------------

    SEC. 423.\330\ REGULATIONS; TERMINATION OF PROVISION.
    ---------------------------------------------------------------------------

        \330\ 19 U.S.C. 2451b. Sec. 103(a)(3) of Public Law 106-286 (114
    Stat. 890) inserted sec. 423.
    ---------------------------------------------------------------------------
        (a) To Carry Out Restrictions and Monitoring.--The
    President shall by regulation provide for the efficient and
    fair administration of any restriction proclaimed pursuant to
    the subtitle and to provide for effective monitoring of imports
    under section 422(a).
        (b) To Carry Out Agreements.--To carry out an agreement
    concluded pursuant to consultations under section 421(j) or
    422(e)(2), the President is authorized to prescribe regulations
    governing the entry or withdrawal from warehouse of articles
    covered by such agreement.
        (c) Termination Date.--This subtitle and any regulations
    issued under this subtitle shall cease to be effective 12 years
    after the date of entry into force of the Protocol of Accession
    of the People's Republic of China to the WTO.

                TITLE V--GENERALIZED SYSTEM OF PREFERENCES \331\

    SEC. 501.\332\ AUTHORITY TO EXTEND PREFERENCES.

        The President may provide duty-free treatment for any
    eligible article from any beneficiary developing country in
    accordance with the provisions of this title. In taking any
    such action, the President shall have due regard for--
    ---------------------------------------------------------------------------
        \331\ Sec. 1952(a) of the GSP Renewal Act of 1996 (in subtitle J of
    title I of the Small Business Job Protection Act of 1996; Public Law
    104-188; 110 Stat. 1917) amended and restated title V in its entirety,
    effective October 1, 1996.
        For amendment history and related executive actions before
    enactment of the amendment see page 879.
        \332\ 19 U.S.C. 2461.
    ---------------------------------------------------------------------------
              (1) the effect such action will have on furthering
            the economic development of developing countries
            through the expansion of their exports;
              (2) the extent to which other major developed
            countries are undertaking a comparable effort to assist
            developing countries by granting generalized
            preferences with respect to imports of products of such
            countries;
              (3) the anticipated impact of such action on United
            States producers of like or directly competitive
            products; and
              (4) the extent of the beneficiary developing
            country's competitiveness with respect to eligible
            articles.

    SEC. 502.\333\ DESIGNATION OF BENEFICIARY DEVELOPING COUNTRIES.

        (a) Authority To Designate Countries.--
    ---------------------------------------------------------------------------
        \333\ 19 U.S.C. 2462.
    ---------------------------------------------------------------------------
              (1) Beneficiary developing countries.--The President
            is authorized to designate countries as beneficiary
            developing countries for purposes of this title.
              (2) Least-developed beneficiary developing
            countries.--The President is authorized to designate
            any beneficiary developing country as a least-developed
            beneficiary developing country for purposes of this
            title, based on the considerations in section 501 and
            subsection (c) of this section.
        (b) Countries Ineligible for Designation.--
              (1) Specific countries.--The following countries may
            not be designated as beneficiary developing countries
            for purposes of this title:
                      (A) Australia.
                      (B) Canada.
                      (C) European Union member states.
                      (D) Iceland.
                      (E) Japan.
                      (F) Monaco.
                      (G) New Zealand.
                      (H) Norway.
                      (I) Switzerland.
              (2) Other bases for ineligibility.--The President
            shall not designate any country a beneficiary
            developing country under this title if any of the
            following applies:
                      (A) Such country is a Communist country,
                    unless--
                              (i) the products of such country
                            receive nondiscriminatory treatment,
                              (ii) such country is a WTO Member (as
                            such term is defined in section 2(10)
                            of the Uruguay Round Agreements Act)
                            (19 U.S.C. 3501(10)) and a member of
                            the International Monetary Fund, and
                              (iii) such country is not dominated
                            or controlled by international
                            communism.
                      (B) Such country is a party to an arrangement
                    of countries and participates in any action
                    pursuant to such arrangement, the effect of
                    which is--
                              (i) to withhold supplies of vital
                            commodity resources from international
                            trade or to raise the price of such
                            commodities to an unreasonable level,
                            and
                              (ii) to cause serious disruption of
                            the world economy.
                      (C) Such country affords preferential
                    treatment to the products of a developed
                    country, other than the United States, which
                    has, or is likely to have, a significant
                    adverse effect on United States commerce.
                      (D)(i) Such country--
                              (I) has nationalized, expropriated,
                            or otherwise seized ownership or
                            control of property, including patents,
                            trademarks, or copyrights, owned by a
                            United States citizen or by a
                            corporation, partnership, or
                            association which is 50 percent or more
                            beneficially owned by United States
                            citizens,
                              (II) has taken steps to repudiate or
                            nullify an existing contract or
                            agreement with a United States citizen
                            or a corporation, partnership, or
                            association which is 50 percent or more
                            beneficially owned by United States
                            citizens, the effect of which is to
                            nationalize, expropriate, or otherwise
                            seize ownership or control of property,
                            including patents, trademarks, or
                            copyrights, so owned, or
                              (III) has imposed or enforced taxes
                            or other exactions, restrictive
                            maintenance or operational conditions,
                            or other measures with respect to
                            property, including patents,
                            trademarks, or copyrights, so owned,
                            the effect of which is to nationalize,
                            expropriate, or otherwise seize
                            ownership or control of such property,
                            unless clause (ii) applies.
                      (ii) This clause applies if the President
                    determines that--
                              (I) prompt, adequate, and effective
                            compensation has been or is being made
                            to the citizen, corporation,
                            partnership, or association referred to
                            in clause (i),
                              (II) good faith negotiations to
                            provide prompt, adequate, and effective
                            compensation under the applicable
                            provisions of international law are in
                            progress, or the country described in
                            clause (i) is otherwise taking steps to
                            discharge its obligations under
                            international law with respect to such
                            citizen, corporation, partnership, or
                            association, or
                              (III) a dispute involving such
                            citizen, corporation, partnership, or
                            association over compensation for such
                            a seizure has been submitted to
                            arbitration under the provisions of the
                            Convention for the Settlement of
                            Investment Disputes, or in another
                            mutually agreed upon forum,
                    and the President promptly furnishes a copy of
                    such determination to the Senate and House of
                    Representatives.
                      (E) Such country fails to act in good faith
                    in recognizing as binding or in enforcing
                    arbitral awards in favor of United States
                    citizens or a corporation, partnership, or
                    association which is 50 percent or more
                    beneficially owned by United States citizens,
                    which have been made by arbitrators appointed
                    for each case or by permanent arbitral bodies
                    to which the parties involved have submitted
                    their dispute.
                      (F) \334\ Such country aids or abets, by
                    granting sanctuary from prosecution to, any
                    individual or group which has committed an act
                    of international terrorism or the Secretary of
                    State makes a determination with respect to
                    such country under section 6(j)(1)(A) of the
                    Export Administration Act of 1979 or such
                    country has not taken steps to support the
                    efforts of the United States to combat
                    terrorism. \335\
    ---------------------------------------------------------------------------
        \334\ Sec. 35(a) of Public Law 104-295 (110 Stat. 3538) amended and
    restated subpara. (F), effective October 1, 1996. It formerly read as
    follows: ``Such country aids or abets, by granting sanctuary from
    prosecution to, any individual or group which has committed an act of
    international terrorism.''.
        \335\ Sec. 4102(a) of the Trade Act of 2002 (Public Law 107-210;
    116 Stat. 1040) inserted ``or such country has not taken steps to
    support the efforts of the United States to combat terrorism''.
    ---------------------------------------------------------------------------
                      (G) Such country has not taken or is not
                    taking steps to afford internationally
                    recognized worker rights to workers in the
                    country (including any designated zone in that
                    country).
                      (H) \336\ Such country has not implemented
                    its commitments to eliminate the worst forms of
                    child labor.
    ---------------------------------------------------------------------------
        \336\ Sec. 412(a)(1) of Public Law 106-200 (114 Stat. 298) added
    subpara. (H).
    ---------------------------------------------------------------------------
            Subparagraphs (D), (E), (F), (G), and (H) (to the
            extent described in section 507(6)(D)) \337\ shall not
            prevent the designation of any country as a beneficiary
            developing country under this title if the President
            determines that such designation will be in the
            national economic interest of the United States and
            reports such determination to the Congress with the
            reasons therefor.
    ---------------------------------------------------------------------------
        \337\ Sec. 412(a)(2) of Public Law 106-200 (114 Stat. 298) struck
    out ``and (G)'' and inserted in lieu thereof ``(G), and (H) (to the
    extent described in section 507(6)(D))''.
    ---------------------------------------------------------------------------
        (c) Factors Affecting Country Designation.--In determining
    whether to designate any country as a beneficiary developing
    country under this title, the President shall take into
    account--
              (1) an expression by such country of its desire to be
            so designated;
              (2) the level of economic development of such
            country, including its per capita gross national
            product, the living standards of its inhabitants, and
            any other economic factors which the President deems
            appropriate;
              (3) whether or not other major developed countries
            are extending generalized preferential tariff treatment
            to such country;
              (4) the extent to which such country has assured the
            United States that it will provide equitable and
            reasonable access to the markets and basic commodity
            resources of such country and the extent to which such
            country has assured the United States that it will
            refrain from engaging in unreasonable export practices;
              (5) the extent to which such country is providing
            adequate and effective protection of intellectual
            property rights;
              (6) the extent to which such country has taken action
            to--
                      (A) reduce trade distorting investment
                    practices and policies (including export
                    performance requirements); and
                      (B) reduce or eliminate barriers to trade in
                    services; and
              (7) whether or not such country has taken or is
            taking steps to afford to workers in that country
            (including any designated zone in that country)
            internationally recognized worker rights.
        (d) Withdrawal, Suspension, or Limitation of Country
    Designation.--
              (1) In general.--The President may withdraw, suspend,
            or limit the application of the duty-free treatment
            accorded under this title with respect to any country.
            In taking any action under this subsection, the
            President shall consider the factors set forth in
            section 501 and subsection (c) of this section.
              (2) Changed circumstances.--The President shall,
            after complying with the requirements of subsection
            (f)(2), withdraw or suspend the designation of any
            country as a beneficiary developing country if, after
            such designation, the President determines that as the
            result of changed circumstances such country would be
            barred from designation as a beneficiary developing
            country under subsection (b)(2). Such country shall
            cease to be a beneficiary developing country on the day
            on which the President issues an Executive order or
            Presidential proclamation revoking the designation of
            such country under this title.
              (3) Advice to congress.--The President shall, as
            necessary, advise the Congress on the application of
            section 501 and subsection (c) of this section, and the
            actions the President has taken to withdraw, to
            suspend, or to limit the application of duty-free
            treatment with respect to any country which has failed
            to adequately take the actions described in subsection
            (c).
        (e) Mandatory Graduation of Beneficiary Developing
    Countries.--If the President determines that a beneficiary
    developing country has become a ``high income'' country, as
    defined by the official statistics of the International Bank
    for Reconstruction and Development, then the President shall
    terminate the designation of such country as a beneficiary
    developing country for purposes of this title, effective on
    January 1 of the second year following the year in which such
    determination is made.
        (f) Congressional Notification.--
              (1) Notification of designation.--
                      (A) In general.--Before the President
                    designates any country as a beneficiary
                    developing country under this title, the
                    President shall notify the Congress of the
                    President's intention to make such designation,
                    together with the considerations entering into
                    such decision.
                      (B) Designation as least-developed
                    beneficiary developing country.--At least 60
                    days before the President designates any
                    country as a least-developed beneficiary
                    developing country, the President shall notify
                    the Congress of the President's intention to
                    make such designation.
              (2) Notification of termination.--If the President
            has designated any country as a beneficiary developing
            country under this title, the President shall not
            terminate such designation unless, at least 60 days
            before such termination, the President has notified the
            Congress and has notified such country of the
            President's intention to terminate such designation,
            together with the considerations entering into such
            decision.

    SEC. 503.\338\ DESIGNATION OF ELIGIBLE ARTICLES.

        (a) Eligible Articles.--
    ---------------------------------------------------------------------------
        \338\ 19 U.S.C. 2463.
    ---------------------------------------------------------------------------
              (1) Designation.--
                      (A) In general.--Except as provided in
                    subsection (b), the President is authorized to
                    designate articles as eligible articles from
                    all beneficiary developing countries for
                    purposes of this title by Executive order or
                    Presidential proclamation after receiving the
                    advice of the International Trade Commission in
                    accordance with subsection (e).
                      (B) Least-developed beneficiary developing
                    countries.--Except for articles described in
                    subparagraphs (A), (B), and (E) of subsection
                    (b)(1) and articles described in paragraphs (2)
                    and (3) of subsection (b), the President may,
                    in carrying out section 502(d)(1) and
                    subsection (c)(1) of this section, designate
                    articles as eligible articles only for
                    countries designated as least-developed
                    beneficiary developing countries under section
                    502(a)(2) if, after receiving the advice of the
                    International Trade Commission in accordance
                    with subsection (e) of this section, the
                    President determines that such articles are not
                    import-sensitive in the context of imports from
                    least-developed beneficiary developing
                    countries.
                      (C) Three-year rule.--If, after receiving the
                    advice of the International Trade Commission
                    under subsection (e), an article has been
                    formally considered for designation as an
                    eligible article under this title and denied
                    such designation, such article may not be
                    reconsidered for such designation for a period
                    of 3 years after such denial.
              (2) Rule of origin.--
                      (A) General rule.--The duty-free treatment
                    provided under this title shall apply to any
                    eligible article which is the growth, product,
                    or manufacture of a beneficiary developing
                    country if--
                              (i) that article is imported directly
                            from a beneficiary developing country
                            into the customs territory of the
                            United States; and
                              (ii) the sum of--
                                      (I) the cost or value of the
                                    materials produced in the
                                    beneficiary developing country
                                    or any two or more such
                                    countries that are members of
                                    the same association of
                                    countries and are treated as
                                    one country under section
                                    507(2), plus
                                      (II) \339\ the direct costs
                                    of processing operations
                                    performed in such beneficiary
                                    developing country or such
                                    member countries, is not less
                                    than 35 percent of the
                                    appraised value of such article
                                    at the time it is entered.
    ---------------------------------------------------------------------------
        \339\ Sec. 1001(a)(7) of Public Law 106-36 (113 Stat. 130) struck
    out subclause (II) and inserted in lieu thereof a new subclause (II).
    The subclause formerly read as follows: ``(II) the direct costs of
    processing operations performed in such beneficiary developing country
    or such member countries, is not less than 35 percent of the appraised
    value of such article at the time it is entered.''.
    ---------------------------------------------------------------------------
                      (B) Exclusions.--An article shall not be
                    treated as the growth, product, or manufacture
                    of a beneficiary developing country by virtue
                    of having merely undergone--
                              (i) simple combining or packaging
                            operations, or
                              (ii) mere dilution with water or mere
                            dilution with another substance that
                            does not materially alter the
                            characteristics of the article.
              (3) Regulations.--The Secretary of the Treasury,
            after consulting with the United States Trade
            Representative, shall prescribe such regulations as may
            be necessary to carry out paragraph (2), including, but
            not limited to, regulations providing that, in order to
            be eligible for duty-free treatment under this title,
            an article--
                      (A) must be wholly the growth, product, or
                    manufacture of a beneficiary developing
                    country, or
                      (B) must be a new or different article of
                    commerce which has been grown, produced, or
                    manufactured in the beneficiary developing
                    country.
        (b) Articles That May Not Be Designated As Eligible
    Articles.--
              (1) Import sensitive articles.--The President may not
            designate any article as an eligible article under
            subsection (a) if such article is within one of the
            following categories of import-sensitive articles:
                      (A) Except as provided in paragraph (4),\340\
                    textile and apparel articles which were not
                    eligible articles for purposes of this title on
                    January 1, 1994, as this title was in effect on
                    such date.
    ---------------------------------------------------------------------------
        \340\ Sec. 1555(a) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2578) inserted
    ``Except as provided in paragraph (4),'' and added a new para. (4).
    Sec. 1555(c) of Public Law 108-429 further provided that these
    amendments ``shall apply to any article entered, or withdrawn from
    warehouse for consumption, on or after the date on which the President
    makes a designation with respect to the article under section 503(b)(4)
    of the Trade Act of 1974, as added by subsection (a).''.
    ---------------------------------------------------------------------------
                      (B) Watches, except those watches entered
                    after June 30, 1989, that the President
                    specifically determines, after public notice
                    and comment, will not cause material injury to
                    watch or watch band, strap, or bracelet
                    manufacturing and assembly operations in the
                    United States or the United States insular
                    possessions.
                      (C) Import-sensitive electronic articles.
                      (D) Import-sensitive steel articles.
                      (E) Footwear, handbags, luggage, flat goods,
                    work gloves, and leather wearing apparel which
                    were not eligible articles for purposes of this
                    title on January 1, 1995, as this title was in
                    effect on such date.
                      (F) Import-sensitive semimanufactured and
                    manufactured glass products.
                      (G) Any other articles which the President
                    determines to be import-sensitive in the
                    context of the Generalized System of
                    Preferences.
              (2) Articles against which other actions taken.--An
            article shall not be an eligible article for purposes
            of this title for any period during which such article
            is the subject of any action proclaimed pursuant to
            section 203 of this Act (19 U.S.C. 2253) or section 232
            or 351 of the Trade Expansion Act of 1962 (19 U.S.C.
            1862, 1981).
              (3) Agricultural products.--No quantity of an
            agricultural product subject to a tariff-rate quota
            that exceeds the in-quota quantity shall be eligible
            for duty-free treatment under this title.
              (4) \340\ Certain hand-knotted or hand-woven
            carpets.--Notwithstanding paragraph (1)(A), the
            President may designateas an eligible article or
            articles under subsection (a) carpets or rugs which are
            hand-loomed, hand-woven, hand-hooked, hand-tufted, or
            hand-knotted, and classifiable under subheading
            5701.10.16, 5701.10.40, 5701.90.10, 5701.90.20,
            5702.10.90, 5702.42.20, 02.49.10, 5702.51.20,
            5702.91.30, 5702.92.00, 5702.99.10, 5703.10.00,
            5703.20.10, or 5703.30.00 of the Harmonized Tariff
            Schedule of the United States.
        (c) Withdrawal, Suspension, or Limitation of Duty-Free
    Treatment; Competitive Need Limitation.--
              (1) In general.--The President may withdraw, suspend,
            or limit the application of the duty-free treatment
            accorded under this title with respect to any article,
            except that no rate of duty may be established with
            respect to any article pursuant to this subsection
            other than the rate which would apply but for this
            title. In taking any action under this subsection, the
            President shall consider the factors set forth in
            sections 501 and 502(c).
              (2) Competitive need limitation.--
                      (A) Basis for withdrawal of duty-free
                    treatment.--
                              (i) In general.--Except as provided
                            in clause (ii) and subject to
                            subsection (d), whenever the President
                            determines that a beneficiary
                            developing country has exported
                            (directly or indirectly) to the United
                            States during any calendar year
                            beginning after December 31, 1995--
                                      (I) a quantity of an eligible
                                    article having an appraised
                                    value in excess of the
                                    applicable amount for the
                                    calendar year, or
                                      (II) a quantity of an
                                    eligible article equal to or
                                    exceeding 50 percent of the
                                    appraised value of the total
                                    imports of that article into
                                    the United States during any
                                    calendar year,
                            the President shall, not later than
                            July 1 of the next calendar year,
                            terminate the duty-free treatment for
                            that article from that beneficiary
                            developing country.
                              (ii) Annual adjustment of applicable
                            amount.--For purposes of applying
                            clause (i), the applicable amount is--
                                      (I) for 1996, $75,000,000,
                                    and
                                      (II) for each calendar year
                                    thereafter, an amount equal to
                                    the applicable amount in effect
                                    for the preceding calendar year
                                    plus $5,000,000.
                      (B) Country defined.--For purposes of this
                    paragraph, the term ``country'' does not
                    include an association of countries which is
                    treated as one country under section 507(2),
                    but does include a country which is a member of
                    any such association.
                      (C) Redesignations.--A country which is no
                    longer treated as a beneficiary developing
                    country with respect to an eligible article by
                    reason of subparagraph (A) may, subject to the
                    considerations set forth in sections 501 and
                    502, be redesignated a beneficiary developing
                    country with respect to such article if imports
                    of such article from such country did not
                    exceed the limitations in subparagraph (A)
                    during the preceding calendar year.
                      (D) \341\ Least-developed beneficiary
                    developing countries and beneficiary sub-
                    saharan african countries.--Subparagraph (A)
                    shall not apply to any least-developed
                    beneficiary developing country or any
                    beneficiary sub-Saharan African country.
    ---------------------------------------------------------------------------
        \341\ Sec. 111(b) of Public Law 106-200 (114 Stat. 58) amended and
    restated subpara. (D).
    ---------------------------------------------------------------------------
                      (E) Articles not produced in the united
                    states excluded.--Subparagraph (A)(i)(II) shall
                    not apply with respect to any eligible article
                    if a like or directly competitive article was
                    not produced in the United States on January 1,
                    1995.
                      (F) De minimis waivers.--
                              (i) In general.--The President may
                            disregard subparagraph (A)(i)(II) with
                            respect to any eligible article from
                            any beneficiary developing country if
                            the aggregate appraised value of the
                            imports of such article into the United
                            States during the preceding calendar
                            year does not exceed the applicable
                            amount for such preceding calendar
                            year.
                              (ii) Applicable amount.--For purposes
                            of applying clause (i), the applicable
                            amount is--
                                      (I) for calendar year 1996,
                                    $13,000,000, and
                                      (II) for each calendar year
                                    thereafter, an amount equal to
                                    the applicable amount in effect
                                    for the preceding calendar year
                                    plus $500,000.
        (d) Waiver of Competitive Need Limitation.--
              (1) In general.--The President may waive the
            application of subsection (c)(2) with respect to any
            eligible article of any beneficiary developing country
            if, before July 1 of the calendar year beginning after
            the calendar year for which a determination described
            in subsection (c)(2)(A) was made with respect to such
            eligible article, the President--
                      (A) receives the advice of the International
                    Trade Commission under section 332 of the
                    Tariff Act of 1930 on whether any industry in
                    the United States is likely to be adversely
                    affected by such waiver,
                      (B) determines, based on the considerations
                    described in sections 501 and 502(c) and the
                    advice described in subparagraph (A), that such
                    waiver is in the national economic interest of
                    the United States, and
                      (C) publishes the determination described in
                    subparagraph (B) in the Federal Register.
              (2) Considerations by the president.--In making any
            determination under paragraph (1), the President shall
            give great weight to--
                      (A) the extent to which the beneficiary
                    developing country has assured the United
                    States that such country will provide equitable
                    and reasonable access to the markets and basic
                    commodity resources of such country, and
                      (B) the extent to which such country provides
                    adequate and effective protection of
                    intellectual property rights.
              (3) Other bases for waiver.--The President may waive
            the application of subsection (c)(2) if, before July 1
            of the calendar year beginning after the calendar year
            for which a determination described in subsection
            (c)(2) was made with respect to a beneficiary
            developing country, the President determines that--
                      (A) there has been a historical preferential
                    trade relationship between the United States
                    and such country,
                      (B) there is a treaty or trade agreement in
                    force covering economic relations between such
                    country and the United States, and
                      (C) such country does not discriminate
                    against, or impose unjustifiable or
                    unreasonable barriers to, United States
                    commerce,
            and the President publishes that determination in the
            Federal Register.
              (4) Limitations on waivers.--
                      (A) In general.--The President may not
                    exercise the waiver authority under this
                    subsection with respect to a quantity of an
                    eligible article entered during any calendar
                    year beginning after 1995, the aggregate
                    appraised value of which equals or exceeds 30
                    percent of the aggregate appraised value of all
                    articles that entered duty-free under this
                    title during the preceding calendar year.
                      (B) Other waiver limits.--The President may
                    not exercise the waiver authority provided
                    under this subsection with respect to a
                    quantity of an eligible article entered during
                    any calendar year beginning after 1995, the
                    aggregate appraised value of which exceeds 15
                    percent of the aggregate appraised value of all
                    articles that have entered duty-free under this
                    title during the preceding calendar year from
                    those beneficiary developing countries which
                    for the preceding calendar year--
                              (i) had a per capita gross national
                            product (calculated on the basis of the
                            best available information, including
                            that of the International Bank for
                            Reconstruction and Development) of
                            $5,000 or more; or
                              (ii) had exported (either directly or
                            indirectly) to the United States a
                            quantity of articles that was duty-free
                            under this title that had an aggregate
                            appraised value of more than 10 percent
                            of the aggregate appraised value of all
                            articles that entered duty-free under
                            this title during that year.
                      (C) Calculation of limitations.--There shall
                    be counted against the limitations imposed
                    under subparagraphs (A) and (B) for any
                    calendar year only that value of any eligible
                    article of any country that--
                              (i) entered duty-free under this
                            title during such calendar year; and
                              (ii) is in excess of the value of
                            that article that would have been so
                            entered during such calendar year if
                            the limitations under subsection
                            (c)(2)(A) applied.
              (5) Effective period of waiver.--Any waiver granted
            under this subsection shall remain in effect until the
            President determines that such waiver is no longer
            warranted due to changed circumstances.
        (e) International Trade Commission Advice.--Before
    designating articles as eligible articles under subsection
    (a)(1), the President shall publish and furnish the
    International Trade Commission with lists of articles which may
    be considered for designation as eligible articles for purposes
    of this title. The provisions of sections 131, 132, 133, and
    134 shall be complied with as though action under section 501
    and this section were action under section 123 to carry out a
    trade agreement entered into under section 123.
        (f) Special Rule Concerning Puerto Rico.--No action under
    this title may affect any tariff duty imposed by the
    Legislature of Puerto Rico pursuant to section 319 of the
    Tariff Act of 1930 on coffee imported into Puerto Rico.

    SEC. 504.\342\ REVIEW AND REPORT TO CONGRESS.

        The President shall submit an annual report to the Congress
    on the status of internationally recognized worker rights
    within each beneficiary developing country, including the
    findings of the Secretary of Labor with respect to the
    beneficiary country's implementation of its international
    commitments to eliminate the worst forms of child labor.\343\
    ---------------------------------------------------------------------------
        \342\ 19 U.S.C. 2464.
        \343\ Sec. 412(c) of Public Law 106-200 (114 Stat. 298) inserted
    ``, including the findings of the Secretary of Labor with respect to
    the beneficiary country's implementation of its international
    commitments to eliminate the worst forms of child labor''.
    ---------------------------------------------------------------------------

    SEC. 505.\344\ DATE OF TERMINATION.

        No duty-free treatment provided under this title shall
    remain in effect after December 31, 2006.
    ---------------------------------------------------------------------------
        \344\ 19 U.S.C. 2465. The May 31, 1997 termination date was
    extended to June 30, 1998 by sec. 981(a) of Public Law 105-34 (111
    Stat. 302), to June 30, 1999 by sec. 1101(a) of Public Law 105-277 (112
    Stat. 2681-900), to September 30, 2001 by sec. 508(a) of Public Law
    106-170 (113 Stat. 1922), and to December 31, 2006 by sec. 4101(a) of
    Public Law 107-210 (116 Stat. 1040).
        Sec. 4101(b) of Public Law 107-210, as amended by sec. 2004(a)(2)
    of Public Law 108-429 (118 Stat. 2591), further provided:
        ``(b) Retroactive Application for Certain Liquidations and
    Reliquidations.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Notwithstanding section 514 of the Tariff Act of 1930
    or any other provision of law, and subject to paragraph (2), the entry of
    any article--

      ``(A) to which duty-free treatment under title V of the Trade Act of 1974
    would have applied if the entry had been made on September 30, 2001,

      ``(B) that was made after September 30, 2001, and before the date of the
    enactment of this Act, and

      ``(C) to which duty-free treatment under title V of that Act did not
    apply,

    ``shall be liquidated or reliquidated as free of duty, and the Secretary of
    the Treasury shall refund any duty paid with respect to such entry.

      ``(2) Requests.--Liquidation or reliquidation may be made under paragraph
    (1) with respect to an entry only if a request therefor is filed with the
    Customs Service, within 180 days after the date of the enactment of this
    Act, that contains sufficient information to enable the Customs Service--

      ``(A) to locate the entry; or

      ``(B) to reconstruct the entry if it cannot be located.

      ``(3) Definition.--As used in this subsection, the term `entry' includes
    a withdrawal from warehouse for consumption.''.
    ---------------------------------------------------------------------------

        Similar language providing for retroactive application for duty-
    free treatment accompanied each extension of the Act.
    ---------------------------------------------------------------------------

    SEC. 506.\345\ AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING
                        COUNTRIES.

        The appropriate agencies of the United States shall assist
    beneficiary developing countries to develop and implement
    measures designed to assure that the agricultural sectors of
    their economies are not directed to export markets to the
    detriment of the production of foodstuffs for their citizenry.
    ---------------------------------------------------------------------------
        \345\ 19 U.S.C. 2466.
    ---------------------------------------------------------------------------

    SEC. 506A.\346\ DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR
                        CERTAIN BENEFITS.

        (a) Authority to Designate.--
    ---------------------------------------------------------------------------
        \346\ 19 U.S.C. 2466a. Sec. 111(a) of Public Law 106-200 (114 Stat.
    257) added this section.
    ---------------------------------------------------------------------------
              (1) In general.--Notwithstanding any other provision
            of law, the President is authorized to designate a
            country listed in section 107 of the African Growth and
            Opportunity Act as a beneficiary sub-Saharan African
            country eligible for the benefits described in
            subsection (b)--
                      (A) if the President determines that the
                    country meets the eligibility requirements set
                    forth in section 104 of that Act, as such
                    requirements are in effect on the date of the
                    enactment of that Act; and
                      (B) subject to the authority granted to the
                    President under subsections (a), (d), and (e)
                    of section 502, if the country otherwise meets
                    the eligibility criteria set forth in section
                    502.
              (2) Monitoring and review of certain countries.--The
            President shall monitor, review, and report to Congress
            annually on the progress of each country listed in
            section 107 of the African Growth and Opportunity Act
            in meeting the requirements described in paragraph (1)
            in order to determine the current or potential
            eligibility of each country to be designated as a
            beneficiary sub-Saharan African country for purposes of
            this section. The President's determinations, and
            explanations of such determinations, with specific
            analysis of the eligibility requirements described in
            paragraph (1)(A), shall be included in the annual
            report required by section 106 of the African Growth
            and Opportunity Act.
              (3) Continuing compliance.--If the President
            determines that a beneficiary sub-Saharan African
            country is not making continual progress in meeting the
            requirements described in paragraph (1), the President
            shall terminate the designation of that country as a
            beneficiary sub-Saharan African country for purposes of
            this section, effective on January 1 of the year
            following the year in which such determination is made.
        (b) Preferential Tariff Treatment for Certain Articles.--
              (1) In general.--The President may provide duty-free
            treatment for any article described in section
            503(b)(1)(B) through (G) that is the growth, product,
            or manufacture of a beneficiary sub-Saharan African
            country described in subsection (a), if, after
            receiving the advice of the International Trade
            Commission in accordance with section 503(e), the
            President determines that such article is not import-
            sensitive in the context of imports from beneficiary
            sub-Saharan African countries.
              (2) Rules of origin.--The duty-free treatment
            provided under paragraph (1) shall apply to any article
            described in that paragraph that meets the requirements
            of section 503(a)(2), except that--
                      (A) if the cost or value of materials
                    produced in the customs territory of the United
                    States is included with respect to that
                    article, an amount not to exceed 15 percent of
                    the appraised value of the article at the time
                    it is entered that is attributed to such United
                    States cost or value may be applied toward
                    determining the percentage referred to in
                    subparagraph (A) of section 503(a)(2); and
                      (B) the cost or value of the materials
                    included with respect to that article that are
                    produced in one or more beneficiary sub-Saharan
                    African countries or former beneficiary sub-
                    Saharan African countries \347\ shall be
                    applied in determining such percentage.
    ---------------------------------------------------------------------------
        \347\ Sec. 7(a)(2)(A) of the AGOA Acceleration Act of 2004 (Public
    Law 108-274; 118 Stat. 823) inserted ``or former beneficiary sub-
    Saharan African countries''.
    ---------------------------------------------------------------------------
        (c) Beneficiary Sub-Saharan African Countries, Etc.--For
    purposes of this title-- \348\
    ---------------------------------------------------------------------------
        \348\ Sec. 7(a)(2)(B) of the AGOA Acceleration Act of 2004 (Public
    Law 108-274; 118 Stat. 823) struck out ``title, the terms'', inserted
    in lieu thereof ``title--(1) the terms'', and added para. (2).
    ---------------------------------------------------------------------------
              (1) the terms ``beneficiary sub-Saharan African
            country'' and ``beneficiary sub-Saharan African
            countries'' mean a country or countries listed in
            section 107 of the African Growth and Opportunity Act
            that the President has determined is eligible under
            subsection (a) of this section.
              (2) \348\ the term ``former beneficiary sub-Saharan
            African country'' means a country that, after being
            designated as a beneficiary sub-Saharan African country
            under the African Growth and Opportunity Act, ceased to
            be designated as such a country by reason of its
            entering into a free trade agreement with the United
            States.

    SEC. 506B.\349\ TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN
                        COUNTRIES.

        In the case of a beneficiary sub-Saharan African country,
    as defined in section 506A(c), duty-free treatment provided
    under this title shall remain in effect through September 30,
    2015.
    ---------------------------------------------------------------------------
        \349\ 19 U.S.C. 2466b. Sec. 114 of Public Law 106-200 (114 Stat.
    266) added sec. 506B. Sec. 7(a)(1) of the AGOA Acceleration Act of 2004
    (Public Law 108-274; 118 Stat. 823) extended the termination date from
    September 30, 2008 to September 30, 2015.
    ---------------------------------------------------------------------------

    SEC. 507.\350\ DEFINITIONS.

        For purposes of this title:
    ---------------------------------------------------------------------------
        \350\ 19 U.S.C. 2467.
    ---------------------------------------------------------------------------
              (1) Beneficiary developing country.--The term
            ``beneficiary developing country'' means any country
            with respect to which there is in effect an Executive
            order or Presidential proclamation by the President
            designating such country as a beneficiary developing
            country for purposes of this subchapter.
              (2) Country.--The term ``country'' means any foreign
            country or territory, including any overseas dependent
            territory or possession of a foreign country, or the
            Trust Territory of the Pacific Islands. In the case of
            an association of countries which is a free trade area
            or customs union, or which is contributing to
            comprehensive regional economic integration among its
            members through appropriate means, including, but not
            limited to, the reduction of duties, the President may
            by Executive order or Presidential proclamation provide
            that all members of such association other than members
            which are barred from designation under section 502(b)
            shall be treated as one country for purposes of this
            title.
              (3) Entered.--The term ``entered'' means entered, or
            withdrawn from warehouse for consumption, in the
            customs territory of the United States.
              (4) Internationally Recognized Worker Rights.--The
            term ``internationally recognized worker rights''
            includes--
                      (A) the right of association;
                      (B) the right to organize and bargain
                    collectively;
                      (C) a prohibition on the use of any form of
                    forced or compulsory labor;
                      (D) \351\ a minimum age for the employment of
                    children, and a prohibition on the worst forms
                    of child labor, as defined in paragraph (6);
                    and
    ---------------------------------------------------------------------------
        \351\ Sec. 4102(b) of the Trade Act of 2002 (Public Law 107-210;
    116 Stat. 1041) amended and restated subpara. (D). It previously read
    as follows:
        ``(D) a minimum age for the employment of children;''.
    ---------------------------------------------------------------------------
                      (E) acceptable conditions of work with
                    respect to minimum wages, hours of work, and
                    occupational safety and health.
              (5) Least-developed beneficiary developing country.--
            The term ``least-developed beneficiary developing
            country'' means a beneficiary developing country that
            is designated as a least-developed beneficiary
            developing country under section 502(a)(2).
              (6) \352\ Worst forms of child labor.--The term
            ``worst forms of child labor'' means--
    ---------------------------------------------------------------------------
        \352\ Sec. 412(b) of Public Law 106-200 (114 Stat. 298) inserted
    para. (6).
    ---------------------------------------------------------------------------
                      (A) all forms of slavery or practices similar
                    to slavery such as the sale or trafficking of
                    children, debt bondage and serfdom, or forced
                    or compulsory labor, including forced or
                    compulsory recruitment of children for use in
                    armed conflict;
                      (B) the use, procuring, or offering of a
                    child for prostitution, for the production of
                    pornography or for pornographic purposes;
                      (C) the use, procuring, or offering of a
                    child for illicit activities in particular for
                    the production and trafficking of drugs; and
                      (D) work by which, by its nature or the
                    circumstances in which it is carried out, is
                    likely to harm the health, safety, or morals of
                    children.
              The work referred to in subparagraph (D) shall be
            determined by the laws, regulations, or competent
            authority of the beneficiary developing country
            involved.

                          TITLE VI--GENERAL PROVISIONS

    SEC. 601.\353\ DEFINITIONS.

        For purposes of this Act--
    ---------------------------------------------------------------------------
        \353\ 19 U.S.C. 2481.
    ---------------------------------------------------------------------------
              (1) The term ``duty'' includes the rate and form of
            any import duty, including but not limited to tariff-
            rate quotas.
              (2) The term ``other import restriction'' includes a
            limitation, prohibition, charge, or \354\ exaction
            other than duty, imposed on importation, or imposed for
            the regulation of importation. The term does not
            include any orderly marketing agreement.
    ---------------------------------------------------------------------------
        \354\ Sec. 1106(h)(1) of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 313) struck out ``and'' and inserted in lieu
    thereof ``or''.
    ---------------------------------------------------------------------------
              (3) The term ``ad valorem'' includes ad valorem
            equivalent. Whenever any limitation on the amount by
            which or to which any rate of duty may be decreased or
            increased pursuant to a trade agreement is expressed in
            terms of an ad valorem percentage, the ad valorem
            amount taken into account for purposes of such
            limitation shall be determined by the President on the
            basis of the value of imports of the articles concerned
            during the most recent representative period.
              (4) The term ``ad valorem equivalent'' means the ad
            valorem equivalent of a specific rate or, in the case
            of a combination of rates including a specific rate,
            the sum of the ad valorem equivalent of the specific
            rate and of the ad valorem rate. The ad valorem
            equivalent shall be determined by the President on the
            basis of the value of imports of the article concerned
            during the most recent representative period. In
            determining the value of imports, the President shall
            utilize, to the maximum extent practicable, the
            standards of valuation contained in section 402 or 402a
            of the Tariff Act of 1930 (as in effect before the
            effective date of the amendments made by title II of
            the Trade Agreements Act of 1979) or in section 402 of
            such Act of 1930 (as in effect on the effective date of
            such title II amendments) whichever is \355\ applicable
            to the article concerned during such representative
            period.
    ---------------------------------------------------------------------------
        \355\ Sec. 202(c)(1) of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 202) added the language following ``as in effect
    before the effective date''. A reference to 19 U.S.C. 1401a or 1402,
    which had appeared at this point, was also struck out by sec.
    202(c)(1).
    ---------------------------------------------------------------------------
              (5) An imported article is ``directly competitive
            with'' a domestic article at an earlier or later stage
            of processing, and a domestic article is ``directly
            competitive with'' an imported article at an earlier or
            later stage of processing, if the importation of the
            article has an economic effect on producers of the
            domestic article comparable to the effect of
            importation of articles in the same stage of processing
            as the domestic article. For purposes of this
            paragraph, the unprocessed article is at an earlier
            stage of processing.
              (6) The term ``modification'', as applied to any duty
            or other import restriction, includes the elimination
            of any duty or other import restriction.
              (7) The term ``existing'' means (A) when used,
            without the specification of any date, with respect to
            any matter relating to entering into or carrying out a
            trade agreement or other action authorized by this Act,
            existing on the day on which such trade agreement is
            entered into or such other action is taken; and (B)
            when used with respect to a rate of duty, the
            nonpreferential rate of duty (however established, and
            even though temporarily suspended by Act of Congress or
            otherwise) set forth in rate column numbered 1 of
            chapters 1 through 97 of the Harmonized Tariff Schedule
            of the United States \356\ on the date specified or (if
            no date is specified) on the day referred to in clause
            (A).
    ---------------------------------------------------------------------------
        \356\ Sec. 1214(j)(5) of Public Law 100-418 (102 Stat. 1158) struck
    out ``schedules 1 through 7 of the Tariff Schedules . . .'' and
    inserted in lieu thereof ``chapters 1 through 97 of the Harmonized
    Tariff Schedule . . .''.
    ---------------------------------------------------------------------------
              (8) A product of a country or area is an article
            which is the growth, produce, or manufacture of such
            country or area.
              (9) \357\ The term ``nondiscriminatory treatment''
            means trade treatment based on normal trade relations
            (known under international law as most-favored-nation
            treatment).
    ---------------------------------------------------------------------------
        \357\ Sec. 5003(b)(2)(B) of Public Law 105-206 (112 Stat. 789)
    struck out ``most-favored-nation treatment'' and inserted in lieu
    thereof ``trade treatment based on normal trade relations (known under
    international law as most-favored-nation treatment).''.
        Sec. 5003(a) of the Act further provided:
        ``(a) Findings and Policy.--
    ---------------------------------------------------------------------------

      ``(1) Findings.--The Congress makes the following findings:

      ``(A) Since the 18th century, the principle of nondiscrimination among
    countries with which the United States has trade relations, commonly
    referred to as `most-favored-nation' treatment, has been a cornerstone of
    United States trade policy.

      ``(B) Although the principle remains firmly in place as a fundamental
    concept in United States trade relations, the term `most-favored-nation' is
    a misnomer which has led to public misunderstanding.

      ``(C) It is neither the purpose nor the effect of the most-favored-nation
    principle to treat any country as ``most-favored''. To the contrary, the
    principle reflects the intention to confer on a country the same trade
    benefits that are conferred on any other country, that is, the intention
    not to discriminate among trading partners.

      ``(D) The term `normal trade relations' is a more accurate description of
    the principle of nondiscrimination as it applies to the tariffs applicable
    generally to imports from United States trading partners, that is, the
    general rates of duty set forth in column 1 of the Harmonized Tariff
    Schedule in the United States.

      ``(2) Policy.--It is the sense of the Congress that--

      ``(A) the language used in United States laws, treaties, agreements,
    executive orders, directives, and regulations should more clearly and
    accurately reflect the underlying principles of United States trade policy;
    and

      ``(B) accordingly, the term `normal trade relations' should, where
    appropriate, be substituted for the term `most-favored-nation'.''.
    ---------------------------------------------------------------------------

        Sec. 5003(c) of Public Law 105-206 further provided the following:
        ``(c) Savings Provisions.--Nothing in this section shall affect the
    meaning of any provision of law, Executive order, Presidential
    proclamation, rule, regulation, delegation of authority, other
    document, or treaty or other international agreement of the United
    States relating to the principle of `most-favored-nation' (or `most
    favored nation') treatment. Any Executive order, Presidential
    proclamation, rule, regulation, delegation of authority, other
    document, or treaty or other international agreement of the United
    States that has been issued, made, granted, or allowed to become
    effective and that is in effect on the effective date of this Act, or
    was to become effective on or after the effective date of this Act,
    shall continue in effect according to its terms until modified,
    terminated, superseded, set aside, or revoked in accordance with
    law.''.
    ---------------------------------------------------------------------------
              (10) The term ``commerce'' includes services
            associated with international trade.

    SEC. 602. RELATION TO OTHER LAWS.

        [Subsections (a) through (e) amend the Tariff Act of 1930
    and the Trade Expansion Act of 1962.]
              * * * * * * *
        (f) \358\ All provisions of law (other than this Act, the
    Trade Expansion Act of 1962, and the Trade Agreements Extension
    Act of 1951) in effect after the date of enactment of this Act,
    referring to section 350 of the Tariff Act of 1930, to that
    section as amended, to the Act entitled ``An Act to amend the
    Tariff Act of 1930,'' approved June 12, 1934, to that Act as
    amended or to the Trade Expansion Act of 1962, or to agreements
    entered into, or proclamations issued, or actions taken under
    any of such provisions, shall be construed, unless clearly
    precluded by the context, to refer also to this Act, or to
    agreements entered into or proclamations or orders issued
    pursuant to this Act.
    ---------------------------------------------------------------------------
        \358\ 19 U.S.C. 2101 note.
    ---------------------------------------------------------------------------

    SEC. 603.\359\ INTERNATIONAL TRADE COMMISSION.

              * * * * * * *
        (a) In order to expedite the performance of its functions
    under this Act, the International Trade Commission may conduct
    preliminary investigations, determine the scope and manner of
    its proceedings, and consolidate proceedings before it.
    ---------------------------------------------------------------------------
        \359\ 19 U.S.C. 2482.
    ---------------------------------------------------------------------------
        (b) In performing its functions under this Act, the
    Commission may exercise any authority granted to it under any
    other Act.
        (c) The Commission shall at all times keep informed
    concerning the operation and effect of provisions relating to
    duties or other import restrictions of the United States
    contained in trade agreements entered into under the trade
    agreements program.

    SEC. 604.\360\ CONSEQUENTIAL CHANGES IN THE TARIFF SCHEDULES.

        The President shall from time to time, as appropriate,
    embody in the Harmonized Tariff Schedule of \361\ the United
    States the substance of the relevant provisions of this Act,
    and of other Acts affecting import treatment, and actions
    thereunder, including removal,\362\ modification, continuance,
    or imposition of any rate of duty or other import restriction.
    ---------------------------------------------------------------------------
        \360\ 19 U.S.C. 2483.
        \361\ Sec. 1214(j)(4) of Public Law 100-418 (102 Stat. 1158) struck
    out ``Tariff Schedules of'' and inserted in lieu thereof ``Harmonized
    Tariff Schedule of''.
        \362\ Sec. 1213(a) of Public Law 100-418 (102 Stat. 1155) inserted
    ``removal.''.
    ---------------------------------------------------------------------------

    SEC. 605. SEPARABILITY.

        If any provision of this Act or the application of any
    provision to any circumstances or persons shall be held
    invalid, the validity of the remainder of this Act, and of the
    application of such provision to other circumstances or
    persons, shall not be affected thereby.

    SEC. 606.\363\ INTERNATIONAL DRUG CONTROL.

        The President shall submit a report to Congress at least
    once each calendar year listing those foreign countries in
    which narcotic drugs and other controlled substances (as listed
    under section 202 of the Comprehensive Drug Abuse Prevention
    and Control Act of 1970 (21 U.S.C. 812) are produced,
    processed, or transported for unlawful entry into the United
    States. Such report shall include a description of the measures
    such countries are taking to prevent such production,
    processing, or transport.
    ---------------------------------------------------------------------------
        \363\ 19 U.S.C. 2484.
    ---------------------------------------------------------------------------

    SEC. 607.\364\ VOLUNTARY LIMITATIONS ON EXPORTS OF STEEL TO THE UNITED
                        STATES.

        No person shall be liable for damages, penalties, or other
    sanctions under the Federal Trade Commission Act (15 U.S.C. 41-
    77) or the Antitrust Acts (as defined in section 4 of the
    Federal Trade Commission Act (15 U.S.C. 44)), or under any
    similar State law, on account of his negotiating, entering
    into, participating in, or implementing an arrangement
    providing for the voluntary limitation on exports of steel and
    steel products to the United States, or any modification or
    renewal of such an arrangement, if such arrangement or such
    modification or renewal--
    ---------------------------------------------------------------------------
        \364\ 19 U.S.C. 2485.
    ---------------------------------------------------------------------------
              (1) was undertaken prior to the date of the enactment
            of this Act at the request of the Secretary of State or
            his delegate, and
              (2) ceases to be effective not later than January 1,
            1975.

    SEC. 608. UNIFORM STATISTICAL DATA ON IMPORTS, EXPORTS, AND PRODUCTION.

        (a) \365\ * * *
    ---------------------------------------------------------------------------
        \365\ Subsec. (a) amended sec. 484(e) of the Tariff Act of 1930 (19
    U.S.C. 1484(e)).
    ---------------------------------------------------------------------------
        (b) \366\ In carrying out the responsibilities under
    section 484(e), Tariff Act of 1930 and other pertinent
    statutes, the Secretary of Commerce and the United States
    International Trade Commission shall conduct jointly a study of
    existing commodity classification systems with a view to
    identifying the appropriate principles and concepts which
    should guide the organization and development of an enumeration
    of articles which would result in comparability of United
    States import, production, and export data. The Secretary and
    the United States International Trade Commission shall submit a
    report to both Houses of Congress and to the President with
    respect to such study no later than August 1, 1975.
    ---------------------------------------------------------------------------
        \366\ 19 U.S.C. 2484 note.
    ---------------------------------------------------------------------------
        (c) \366\ In further connection with its responsibilities
    pursuant to subsections (a) and (b), the United States
    International Trade Commission shall undertake an investigation
    under section 332(g) of the Tariff Act of 1930 which would
    provide the basis for--
              (1) a report on the appropriate concepts and
            principles which should underlie the formulation of an
            international commodity code adaptable for modernized
            tariff nomenclature purposes and for recording,
            handling, and reporting of transactions in national and
            international trade, taking into account how such a
            code could meet the needs of sound customs and trade
            reporting practices reflecting the interests of United
            States and other countries, such report to be submitted
            to both Houses of Congress and to the President as soon
            as feasible, but in any event, no later than June 1,
            1975; and
              (2) full and immediate participation by the United
            States International Trade Commission in the United
            States contribution to technical work of the Harmonized
            Systems Committee under the Customs Cooperation Council
            to assure the recognition of the needs of the United
            States business community in the development of a
            Harmonized Code reflecting sound principles of
            commodity identification and specification and modern
            producing methods and trading practices,
    and, in carrying out such responsibilities, the Commission
    shall report to both Houses of Congress and to the President,
    as it deems appropriate.
        (d) The President is requested to direct the appropriate
    agencies to cooperate fully with the Secretary of Commerce and
    the United States International Trade Commission in carrying
    out their responsibilities under subsections (a), (b), and (c).
        (e) The amendment made by subsection (a) insofar as it
    relates to export declarations shall take effect on January 1,
    1976.
              * * * * * * *

    SEC. 612.\367\ TRADE RELATIONS WITH NORTH AMERICAN COUNTRIES.

        (a) \368\ It is the sense of the Congress that the United
    States should enter into a trade agreement with Canada which
    will guarantee continued stability to the economies of the
    United States and Canada. In order to promote such economic
    stability, the President may initiate negotiations for a trade
    agreement with Canada to establish a free trade area covering
    the United States and Canada. Nothing in this section shall be
    construed as prior approval of any legislation which may be
    necessary to implement such a trade agreement.
    ---------------------------------------------------------------------------
        \367\ 19 U.S.C. 2486. The reference to North American Countries in
    the section heading replaced a reference to Canada, pursuant to sec.
    1104(b) of Public Law 96-39 (Trade Agreements Act of 1979; 93 Stat.
    310).
        \368\ Sec. 1104(a) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 310) added the subsec. designation ``(a)'' and added a
    new subsec. (b).
    ---------------------------------------------------------------------------
        (b) \367\ The President shall study the desirability of
    entering into trade agreements with countries in the northern
    portion of the western hemisphere to promote the economic
    growth of the United States and such countries and the mutual
    expansion of market opportunities and report to the Committee
    on Ways and Means of the House of Representatives and the
    Committee on Finance of the Senate his findings and conclusions
    within 2 years after the date of enactment of this Act. The
    study shall include an examination of competitive opportunities
    and conditions of competition between such countries and the
    United States in the agricultural, energy, and other
    appropriate sectors.

    SEC. 613.\369\ LIMITATION ON CREDIT TO RUSSIA.--* * * [REPEALED--1992]
    ---------------------------------------------------------------------------

        \369\ Formerly 19 U.S.C. 2487. Sec. 121 of the Further Continuing
    Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended by
    Public Law 102-266; 106 Stat. 95) repealed sec. 613. The section
    previously read as follows:
        ``After the date of enactment of the Trade Act of 1974, no agency
    of the Government of the United States, other than the Commodity Credit
    Corporation, shall approve any loans, guarantees, insurance, or any
    combination thereof, in connection with exports to the Union of Soviet
    Socialist Republics in an aggregate amount in excess of $300,000,000
    without prior congressional approval as provided by law.''.
    ---------------------------------------------------------------------------
              * * * * * * *

       TITLE VIII--TARIFF TREATMENT OF PRODUCTS OF, AND OTHER SANCTIONS
     AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES
                                     \370\

    SEC. 801.\371\ SHORT TITLE.

        This title may be cited as the ``Narcotics Control Trade
    Act''.
    ---------------------------------------------------------------------------
        \370\ Sec. 9001 of the Anti-Drug Abuse Act of 1986 (Public Law 99-
    570; 100 Stat. 3207-164) inserted Title VIII. Public Law 100-204 (101
    Stat. 1399) amended the Title VIII heading by adding the words ``AND
    OTHER SANCTIONS AGAINST''.
        \371\ 19 U.S.C. 2491.
    ---------------------------------------------------------------------------

    SEC. 802.\372\ TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE MAJOR DRUG
                        PRODUCING OR DRUG-TRANSIT COUNTRIES.

        (a) \373\ Required Action by President.--Subject to
    subsection (b), for every major drug producing country and
    every major drug-transit country, the President shall, on or
    after March 1, 1987, and March 1 of each succeeding year, to
    the extent considered necessary by the President to achieve the
    purpose of this title--
    ---------------------------------------------------------------------------
        \372\ 19 U.S.C. 2492. In Proclamation 6103 of February 28, 1990 (55
    F.R. 7685), the President determined, in part, that:
        ``2. * * * pursuant to section 802(b)(1) of the Act, that the
    Government of Panama is taking adequate steps to prevent such drugs and
    other controlled substances from being sold illegally within its own
    jurisdiction * * * or from being transported, directly or indirectly,
    into the United States, and to prevent and punish the laundering in
    that country of drug-related profits or drug-related monies. * * *
        ``4. Accordingly, under the terms of sections 802(b)(1)(A) and
    802(b)(4)(B) of the Act, I have decided to restore the preferential
    tariff treatment under the GSP and the CBERA to articles that are
    currently eligible for such treatment and that are imported from
    Panama. * * *''.
        That Proclamation amended the HTS to make Panama eligible for
    benefits under the GSP and the CBERA.
        \373\ Sec. 806 of Public Law 100-204 (101 Stat. 1398) struck out
    ``or'' at the end of para. (3), redesignated para. (4) as para. (6),
    inserted new paras. (4) and (5), and amended para. (6) by striking out
    ``in paragraphs (1), (2), and (3).'', and inserting in lieu thereof
    ``in paragraphs (1) through (5).''.
    ---------------------------------------------------------------------------
              (1) deny to any or all of the products of that
            country tariff treatment under the Generalized System
            of Preferences, the Caribbean Basin Economic Recovery
            Act, or any other law providing preferential tariff
            treatment;
              (2) apply to any or all of the dutiable products of
            that country an additional duty at a rate not to exceed
            50 percent ad valorem or the specific rate equivalent;
              (3) apply to one or more duty-free products of that
            country a duty at a rate not to exceed 50 percent ad
            valorem;
              (4) \373\ take the steps described in subsection
            (d)(1) or (d)(2), or both, to curtail air
            transportation between the United States and that
            country;
              (5) \373\ withdraw the personnel and resources of the
            United States from participation in any arrangement
            with that country for the pre-clearance of customs by
            visitors between the United States and that country;
            or'';
              (6) take any combination of the actions described in
            paragraphs (1) through (5).
      (b)(1) \374\ (A) Subject to paragraph (3), subsection (a)
    shall not apply with respect to a country if the President
    determines and certifies to the Congress, at the time of the
    submission of the report required by section 489 \375\ of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2291h),\376\ that--
    ---------------------------------------------------------------------------
        \374\ Sec. 4408 of the Anti-Drug Abuse Act of 1988 (Public Law 100-
    690; 102 Stat. 4181) comprehensive amended and restated paras. (1) and
    (2). As previously amended by sec. 806 of Public Law 100-204 (101 Stat.
    1398), the paragraphs read as follows:
        ``(b) Certifications; Congressional Action.--(1) Subsection (a)
    shall not apply with respect to a country if the President determines
    and so certifies to the Congress, at the time of the submission of the
    report required by section 481(e) of the Foreign Assistance Act of
    1961, that during the previous year that country has cooperated fully
    with the United States, or has taken adequate steps on its own, in
    preventing narcotic and psychotropic drugs and other controlled
    substances produced or processed, in whole or in part, in such country
    or transported through such country, from being sold illegally within
    the jurisdiction of such country to United States Government personnel
    or their dependents or from being transported, directly or indirectly,
    into the United States and in preventing and punishing corruption by
    government officials and the laundering in that country of drug-related
    profits or drug-related monies.
        ``(2) In making the certification required by paragraph (1), the
    President shall give foremost consideration to whether the actions of
    the government of the country have resulted in the maximum reductions
    in illicit drug production which were determined to be achievable
    pursuant to section 481(e)(4) of the Foreign Assistance Act of 1961.
    The President shall also consider whether such government--
    ---------------------------------------------------------------------------

      ``(A) has taken the legal and law enforcement measures to enforce in its
    territory, to the maximum extent possible, the elimination of illicit
    cultivation and the suppression of illicit manufacture of and traffic in
    narcotic and psychotropic drugs and other controlled substances, as
    evidenced by seizures of such drugs and substances and of illicit
    laboratories and the arrest and prosecution of violators involved in the
    traffic in such drugs and substances significantly affecting the United
    States;

      ``(B) has taken the legal and law enforcement steps necessary to
    eliminate, to the maximum extent possible, the laundering in that country
    of drug-related profits or drug-related monies, as evidence by--

      ``(i) the enactment and enforcement of laws prohibiting such conduct,

      ``(ii) the willingness of such government to enter into mutual legal
    assistance agreements with the United States governing (but not limited to)
    money laundering, and

      ``(iii) the degree to which such government otherwise cooperates with
    United States law enforcement authorities on anti-money laundering efforts;
    and

      ``(C) has taken the legal and law enforcement steps necessary to
    eliminate, to the maximum extent possible, corruption by government
    officials, with particular emphasis on the elimination of bribery;''.
    ---------------------------------------------------------------------------

        \375\ Formerly read ``section 481(e)''. Sec. 6(a) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4932) provided that ``Any reference in any provision of law
    enacted before the date of enactment of this Act to section 481(e) of
    that Act shall be deemed to be a reference to section 489.''. Sec.
    1001(a)(8)(A) of Public Law 106-36 (113 Stat. 131) subsequently struck
    out ``481(e)'' and inserted in lieu thereof ``489''.
        \376\ Sec. 1001(a)(8)(B) of Public Law 106-36 (113 Stat. 131) added
    ``(22 U.S.C. 2291h)''.
    ---------------------------------------------------------------------------
              (i) during the previous year the country has
            cooperated fully with the United States, or has taken
            adequate steps on its own--
                      (I) in satisfying the goals agreed to in an
                    applicable bilateral narcotics agreement with
                    the United States (as described in paragraph
                    (B)) or a multilateral agreement which achieves
                    the objectives of paragraph (B),
                      (II) in preventing narcotic and psychotropic
                    drugs and other controlled substances produced
                    or processed, in whole or in part, in such
                    country or transported through such country,
                    from being sold illegally within the
                    jurisdiction of such country to United States
                    Government personnel or their dependents or
                    from being transported, directly or indirectly,
                    into the United States,
                      (III) in preventing and punishing the
                    laundering in that country of drug-related
                    profits or drug-related moneys, and
                      (IV) in preventing and punishing bribery and
                    other forms of public corruption which
                    facilitate the illicit \377\ production,
                    processing, or shipment of narcotic and
                    psychotropic drugs and other controlled
                    substances, or which discourage the
                    investigation and prosecution of such acts; or
    ---------------------------------------------------------------------------
        \377\ Sec. 17(h)(1) of the International Narcotics Control Act of
    1989 (Public Law 101-231; 103 Stat. 1965) inserted ``illicit''.
    ---------------------------------------------------------------------------
              (ii) for a country that would not otherwise qualify
            for certification under clause (i), the vital national
            interests of the United States require that subsection
            (a) not be applied with respect to that country.
      (B) A bilateral narcotics agreement referred to in
    subparagraph (A)(i)(I) is an agreement between the United
    States and a foreign country in which the foreign country
    agrees to take specific activities, including, where
    applicable, efforts to--
              (i) reduce drug production, drug consumption, and
            drug trafficking within its territory, including
            activities to address illicit crop eradication and crop
            substitution;
              (ii) increase drug interdiction and enforcement;
              (iii) increase drug education and treatment programs;
            \378\
    ---------------------------------------------------------------------------
        \378\ Sec. 17(h)(2) of the International Narcotics Control Act of
    1989 (Public Law 101-231; 103 Stat. 1965) struck out ``treatment'' and
    inserted in lieu thereof ``education and treatment programs''.
    ---------------------------------------------------------------------------
              (iv) increase the identification of and elimination
            of illicit drug laboratories;
              (v) increase the identification and elimination of
            the trafficking of essential \379\ precursor chemicals
            for the use in production of illegal drugs;
    ---------------------------------------------------------------------------
        \379\ Sec. 17(h)(3) of the International Narcotics Control Act of
    1989 (Public Law 101-231; 103 Stat. 1965) inserted ``essential''.
    ---------------------------------------------------------------------------
              (vi) increase cooperation with United States drug
            enforcement officials; and
              (vii) where applicable, increase participation in
            extradition treaties, mutual legal assistance
            provisions directed at money laundering, sharing of
            evidence, and other initiatives for cooperative drug
            enforcement.
      (C) A country which in the previous year was designated as a
    major drug producing country or a major drug-transit country
    may not be determined to be cooperating fully under
    subparagraph (A)(i) unless it has in place a bilateral
    narcotics agreement with the United States or a multilateral
    agreement which achieves the objectives of subparagraph (B).
      (D) If the President makes a certification with respect to a
    country pursuant to subparagraph (A)(ii), he shall include in
    such certification--
              (i) a full and complete description of the vital
            national interests placed at risk if action is taken
            pursuant to subsection (a) with respect to that
            country; and
              (ii) a statement weighing the risk described in
            clause (i) against the risks posed to the vital
            national interests of the United States by the failure
            of such country to cooperate fully with the United
            States in combating narcotics or to take adequate steps
            to combat narcotics on its own.
      (E) The President may make a certification under subparagraph
    (A)(i) with respect to a major drug producing country or drug-
    transit country which is also a producer of licit opium only if
    the President determines that such country has taken steps to
    prevent significant diversion of its licit cultivation and
    production into the illicit market, maintains production and
    stockpiles at levels no higher than those consistent with licit
    market demand, and prevents illicit cultivation and production.
      (2) \380\ In determining whether to make the certification
    required by paragraph (1) with respect to a country, the
    President shall consider the following:
    ---------------------------------------------------------------------------
        \380\ On January 26, 1990, the President determined that ``Panama
    has fully cooperated with the United States, or taken adequate steps on
    its own, to control narcotics production, trafficking, and money
    laundering, as defined in Section 481(h)(2) of the FAA and Section
    802(b) of the Trade Act, and that Panama does not have a government
    involved in the trade of illicit narcotics. In making this
    determination, I have considered the factors set forth in Section
    481(h)(3) of the FAA and Section 802(b)(2) of the Trade Act.''
    (Presidential Determination No. 90-9 of January 26, 1990; 55 F.R.
    4827).
    ---------------------------------------------------------------------------
              (A) Have the actions of the government of that
            country resulted in the maximum reductions in illicit
            drug production which were determined to be achievable
            pursuant to section 481(e)(4) of the Foreign Assistance
            Act of 1961? In the case of a major drug producing
            country, the President shall give foremost
            consideration, in determining whether to make the
            certification required by paragraph (1), to whether the
            government of that country has taken actions which have
            resulted in such reductions.
              (B) Has that government taken the legal and law
            enforcement measures to enforce in its territory, to
            the maximum extent possible, the elimination of illicit
            cultivation and the suppression of illicit
            manufacturing of and trafficking in narcotic and
            psychotropic drugs and other controlled substances, as
            evidenced by seizures of such drugs and substances and
            of illicit laboratories and the arrest and prosecution
            of violators involved in the traffic in such drugs and
            substances significantly affecting the United States?
              (C) Has that government taken the legal and law
            enforcement steps necessary to eliminate, to the
            maximum extent possible, the laundering in that country
            of drug-related profits or drug-related moneys, as
            evidenced by--
                      (i) the enactment and enforcement by that
                    government of laws prohibiting such conduct,
                      (ii) that government entering into, and
                    cooperating under the terms of, mutual legal
                    assistance agreements with the United States
                    governing (but not limited to) money
                    laundering, and
                      (iii) the degree to which that government
                    otherwise cooperates with United States law
                    enforcement authorities on anti-money
                    laundering efforts?
              (D) Has that government taken the legal and law
            enforcement steps necessary to eliminate, to the
            maximum extent possible, bribery and other forms of
            public corruption which facilitate the illicit \381\
            production, processing, or shipment of narcotic and
            psychotropic drugs and other controlled substances, or
            which discourage the investigation and prosecution of
            such acts, as evidenced by the enactment and
            enforcement of laws prohibiting such conduct?
    ---------------------------------------------------------------------------
        \381\ Sec. 17(h)(4) of the International Narcotics Control Act of
    1989 (Public Law 101-231; 103 Stat. 1965) inserted ``illicit''.
    ---------------------------------------------------------------------------
              (E) Has that government, as a matter of government
            policy, encouraged or facilitated the production or
            distribution of illicit narcotic and psychotropic drugs
            and other controlled substances?
              (F) Does any senior official of that government
            engage in, encourage, or facilitate the production or
            distribution of illicit narcotic and psychotropic drugs
            and other controlled substances?
              (G) Has that government investigated aggressively all
            cases in which any member of an agency of the United
            States Government engaged in drug enforcement
            activities since January 1, 1985, has been the victim
            of acts or threats of violence, inflicted by or with
            the complicity of any law enforcement or other officer
            of such country or any political subdivision thereof,
            and has energetically sought to bring the perpetrators
            of such offense or offenses to justice?
              (H) Having been requested to do so by the United
            States Government, does that government fail to provide
            reasonable cooperation to lawful activities of United
            States drug enforcement agents, including the refusal
            of permission to such agents engaged in interdiction of
            aerial smuggling into the United States to pursue
            suspected aerial smugglers a reasonable distance into
            the airspace of the requested country?
              (I) Has that government made necessary changes in
            legal codes in order to enable law enforcement
            officials to move more effectively against narcotics
            traffickers, such as new conspiracy laws and new asset
            seizure laws?
              (J) Has that government expeditiously processed
            United States extradition requests relating to
            narcotics trafficking?
              (K) Has that government refused to protect or give
            haven to any known drug traffickers, and has it
            expeditiously processed extradition requests relating
            to narcotics trafficking made by other countries?
        (3) Subsection (a) shall apply to a country without regard
    to paragraph (1) of this subsection if the Congress enacts,
    within 45 \382\ days of continuous session after receipt of a
    certification under paragraph (1), a joint resolution
    disapproving the determination of the President contained in
    that certification.
    ---------------------------------------------------------------------------
        \382\ Sec. 4408(b) of Public Law 100-690 (102 Stat. 4181) struck
    out ``30'' and inserted in lieu thereof ``45''.
    ---------------------------------------------------------------------------
        (4) If the President takes action under subsection (a),
    that action shall remain in effect until--
              (A) the President makes the certification under
            paragraph (1), a period of 45 \382\ days of continuous
            session of Congress elapses, and during that period the
            Congress does not enact a joint resolution of
            disapproval; or
              (B) the President submits at any other time a
            certification of the matters described in paragraph (1)
            with respect to that country, a period of 45 \382\ days
            of continuous session of Congress elapses, and during
            that period the Congress does not enact a joint
            resolution of disapproving the determination contained
            in that certification.
        (5) For the purpose of expediting the consideration and
    enactment of joint resolutions under paragraphs (3) and (4)--
              (A) a motion to proceed to the consideration of any
            such joint resolution after it has been reported by the
            Committee on Ways and Means shall be treated as highly
            privileged in the House of Representatives; and
              (B) a motion to proceed to the consideration of any
            such joint resolution after it has been reported by the
            Committee on Finance shall be treated as privileged in
            the Senate.
        (c) Duration of Action.--The action taken by the President
    under paragraph (1), (2), or (3) of \383\ subsection (a) shall
    apply to the products of a foreign country that are entered, or
    withdrawn from warehouse for consumption, during the period
    that such action is in effect.
    ---------------------------------------------------------------------------
        \383\ Sec. 806 of Public Law 100-204 (101 Stat. 1398) inserted
    ``paragraph (1), (2), or (3) of''.
    ---------------------------------------------------------------------------
        (d) \384\ Presidential Action Regarding Aviation.--
    ---------------------------------------------------------------------------
        \384\ Sec. 806 of Public Law 100-204 (101 Stat. 1398) added subsec.
    (d).
    ---------------------------------------------------------------------------
              (1)(A) The President is authorized to notify the
            government of a country against which is imposed the
            sanction described in subsection (a)(4) of his
            intention to suspend the authority of foreign air
            carriers owned or controlled by the government or
            nationals of that country to engage in foreign air
            transportation to or from the United States.
              (B) Within 10 days after the date of notification of
            a government under subparagraph (A), the Secretary of
            Transportation shall take all steps necessary to
            suspend at the earliest possible date the authority of
            any foreign air carrier owned or controlled, directly
            or indirectly, by the government or nationals of that
            country to engage in foreign air transportation to or
            from the United States, notwithstanding any agreement
            relating to air services.
              (C) The President may also direct the Secretary of
            Transportation to take such steps as may be necessary
            to suspend the authority of any air carrier to engage
            in foreign air transportation between the United States
            and that country.
              (2)(A) The President may direct the Secretary of
            State to terminate any air service agreement between
            the United States and a country against which the
            sanction described in subsection (a)(4) is imposed in
            accordance with the provisions of that agreement.
              (B) Upon termination of an agreement under this
            paragraph, the Secretary of Transportation shall take
            such steps as may be necessary to revoke at the
            earliest possible date the right of any foreign air
            carrier owned, or controlled, directly or indirectly,
            by the government or nationals of that country to
            engage in foreign air transportation to or from the
            United States.
              (C) Upon termination of an agreement under this
            paragraph, the Secretary of Transportation may also
            revoke the authority of any air carrier to engage in
            foreign air transportation between the United States
            and that country.
              (3) The Secretary of Transportation may provide for
            such exceptions from paragraphs (1) and (2) as the
            Secretary considers necessary to provide for
            emergencies in which the safety of an aircraft or its
            crew or passengers is threatened.
              (4) For purposes of this subsection, the terms ``air
            transportation'', ``air carrier'', ``foreign air
            carrier'' and ``foreign air transportation'' have the
            meanings such terms have under section 101 of the
            Federal Aviation Act of 1958 (49 U.S.C. App. 1301).
      (e) \385\ For each calendar year, the Secretary of State,
    after consultation with the appropriate committees of the
    Congress, shall establish numerical standards and other
    guidelines for determining which countries will be considered
    to be major drug-transit countries under section 805(3)(A) and
    (B).
    ---------------------------------------------------------------------------
        \385\ Sec. 4408(c) of Public Law 100-690 (102 Stat. 4181) added
    subsec. (e).
    ---------------------------------------------------------------------------

    SEC. 803.\386\ SUGAR QUOTA.

        Notwithstanding any other provisions of law, the President
    may not allocate any limitation imposed on the quantity of
    sugar to any country which has a Government involved in the
    trade of illicit narcotics or is failing to cooperate with the
    United States in narcotics enforcement activities as defined in
    section 802(b) as determined by the President.
    ---------------------------------------------------------------------------
        \386\ 19 U.S.C. 2493.
    ---------------------------------------------------------------------------

    SEC. 804.\387\ PROGRESS REPORTS.

        The President shall include as a part of the annual report
    required under section 489 of the Foreign Assistance Act of
    1961 (22 U.S.C. 2291h) \388\ an evaluation of progress that
    each major drug producing country and each major drug-transit
    country has made during the reporting period in achieving the
    objectives set forth in section 802(b).
    ---------------------------------------------------------------------------
        \387\ 19 U.S.C. 2494.
        \388\ Formerly read ``section 481(e)(1)''. Sec. 6(a) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4932) provided that ``Any reference in any provision of law
    enacted before the date of enactment of this Act to section 481(e) * *
    * of that Act shall be deemed to be a reference to section 489.''. Sec.
    1001(a)(9) of Public Law 106-36 (113 Stat. 131) subsequently struck out
    ``481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(1))''
    and inserted in lieu thereof ``489 of the Foreign Assistance Act of
    1961 (22 U.S.C. 2291h).''.
    ---------------------------------------------------------------------------

    SEC. 805.\389\ DEFINITIONS.

        For purposes of this title--
    ---------------------------------------------------------------------------
        \389\ 19 U.S.C. 2495.
    ---------------------------------------------------------------------------
              (1) continuity of a session of Congress is broken
            only by an adjournment of the Congress sine die, and
            the days on which either House is not in session
            because of an adjournment of more than three days to a
            day certain are excluded in the computation of the
            period indicated;
              (2) \390\ the term ``major drug producing country''
            means a country that illicitly produces during a fiscal
            year 5 metric tons or more of opium or opium
            derivative, 500 metric tons or more of coca, or 500
            metric tons or more of marijuana;
    ---------------------------------------------------------------------------
        \390\ Sec. 17(h)(5) of the International Narcotics Control Act of
    1989 (Public Law 101-231; 103 Stat. 1965) restated para. (2). Sec.
    1001(a)(10) of Public Law 106-36 (113 Stat. 131) struck out ``and'' at
    the end of the paragraph.
    ---------------------------------------------------------------------------
              (3) the term ``major drug-transit country'' means a
            country--
                      (A) that is a significant direct source of
                    illicit narcotic or psychotropic drugs or other
                    controlled substances significantly affecting
                    the United States;
                      (B) through which are transported such drugs
                    or substances; or
                      (C) through which significant sums of drug-
                    related profits or monies are laundered with
                    the knowledge or complicity of the government;
                    and
              (4) the term ``narcotic and psychotropic drugs and
            other controlled substances'' has the same meaning as
            is given by any applicable international narcotics
            control agreement or domestic law of the country or
            countries concerned.
                       (2) Tariff Act of 1930, as amended

    Partial text of Public Law 71-361 [H.R. 2667], approved June 17, 1930,
                                   as amended

    AN ACT To provide revenue, to regulate commerce with foreign countries,
     to encourage the industries of the United States, to protect American
                         labor, and for other purposes.

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

                         TITLE III--SPECIAL PROVISIONS

                             Part I--Miscellaneous

              * * * * * * *

    SEC. 303.\1\ COUNTERVAILING DUTIES. * * * [REPEALED--1994]

              * * * * * * *

    SEC. 307.\2\ CONVICT-MADE GOODS; IMPORTATION PROHIBITED

        All goods, wares, articles, and merchandise mined,
    produced, or manufactured wholly or in part in any foreign
    country by convict labor or/and forced labor or/and indentured
    labor under penal sanctions shall not be entitled to entry at
    any of the ports of the United States, and the importation
    thereof is hereby prohibited, and the Secretary of the Treasury
    is authorized and directed to prescribe such regulations as may
    be necessary for the enforcement of this provision. The
    provisions of this section relating to goods, wares, articles,
    and merchandise mined, produced, or manufactured by forced
    labor or/and indentured labor, shall take effect on January 1,
    1932; but in no case shall such provisions be applicable to
    goods, wares, articles, or merchandise so mined, produced, or
    manufactured which are not mined, produced, or manufactured in
    such quantities in the United States as to meet the consumptive
    demands of the United States. For purposes of this section, the
    term ``forced labor or/and indentured labor'' includes forced
    or indentured labor.\3\
    ---------------------------------------------------------------------------
        \1\ Formerly at 19 U.S.C. 1303. Sec. 261 of the Uruguay Round
    Agreements Act (Public Law 103-465; 108 Stat. 4908) repealed sec. 303.
    See title II of that Act, relating to antidumping and countervailing
    duty provisions (108 Stat. 4842). See also sec. 261(b), relating to the
    continuing effect of certain legal documents and proceedings not
    affected by the repeal.
        \2\ 19 U.S.C. 1307. Sec. 3702 of Public Law 105-261 (112 Stat.
    2275) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 3702. reporting requirement on forced labor products destined for
    the united states market.
    ---------------------------------------------------------------------------

        ``(a) Report to Congress.--Not later than 1 year after the date of
    the enactment of this Act, the Commissioner of Customs shall prepare
    and transmit to the Congress a report on products made with forced
    labor that are designed for the United States market.
        ``(b) Contents of Report.--The report under subsection (a) shall
    include information concerning the following:
    ---------------------------------------------------------------------------

      ``(1) The extent of the use of forced labor in manufacturing products
    destined for the United States market.

      ``(2) The volume of products made with forced labor, destined for the
    United States market, that is violation of section 307 of the Tariff Act of
    1930 or section 1761 of title 18, United States Code, and is seized by the
    United States Customs Service.

      ``(3) The progress of the United States Customs Service in identifying
    and interdicting products made with forced labor that are destined for the
    United States market.''.
    ---------------------------------------------------------------------------

        Title V of the Department of Homeland Security Appropriations Act,
    2004 (Public Law 108-90; 117 Stat. 1154), provided the following:
        ``Sec. 514. For fiscal year 2004 and thereafter, none of the funds
    appropriated or otherwise made available to the Department of Homeland
    Security shall be available for any activity or for paying the salary
    of any Government employee where funding an activity or paying a salary
    to a Government employee would result in a determination, regulation,
    or policy that would prohibit the enforcement of section 307 of the
    Tariff Act of 1930 (19 U.S.C. 1307).
        ``Sec. 515. For fiscal year 2004 and thereafter, none of the funds
    appropriated or otherwise made available to the Department of Homeland
    Security may be used to allow--
    ---------------------------------------------------------------------------

      ``(1) the importation into the United States of any good, ware, article,
    or merchandise mined, produced, or manufactured by forced or indentured
    child labor, as determined under section 307 of the Tariff Act of 1930 (19
    U.S.C. 1307); or

      ``(2) the release into the United States of any good, ware, article, or
    merchandise on which there is in effect a detention order under such
    section 307 on the basis that the good, ware, article, or merchandise may
    have been mined, produced, or manufactured by forced or indentured child
    labor.''.
    ---------------------------------------------------------------------------

        \3\ Sec. 411(a) of Public Law 106-200 (114 Stat. 298) inserted the
    final sentence.
    ---------------------------------------------------------------------------
        ``Forced labor,'' as herein used, shall mean 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.

    SEC. 308.\4\ PROHIBITION ON IMPORTATION OF DOG AND CAT FUR PRODUCTS.

        (a) Definitions.--In this section:
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 1308. Sec. 1443 of the Tariff Suspension and Trade
    Act of 2000 (Public Law 106-476; 114 Stat. 2164), inserted sec. 308.
    Sec. 1442 of that Act (19 U.S.C. 1308 note) further provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 1442. findings and purposes.
    ---------------------------------------------------------------------------

        ``(a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------

      ``(1) An estimated 2,000,000 dogs and cats are slaughtered and sold
    annually as part of the international fur trade. Internationally, dog and
    cat fur is used in a wide variety of products, including fur coats and
    jackets, fur trimmed garments, hats, gloves, decorative accessories,
    stuffed animals, and other toys.

      ``(2) The United States represents one of the largest markets for the
    sale of fur and fur products in the world. Market demand for fur products
    in the United States has led to the introduction of dog and cat fur
    products into United States commerce, frequently based on deceptive or
    fraudulent labeling of the products to disguise the true nature of the fur
    and mislead United States wholesalers, retailers, and consumers.

      ``(3) Dog and cat fur, when dyed, is not easily distinguishable to
    persons who are not experts from other furs such as fox, rabbit, coyote,
    wolf, and mink, and synthetic materials made to resemble real fur. Dog and
    cat fur is generally less expensive than other types of fur and may be used
    as a substitute for more expensive types of furs, which provides an
    incentive to engage in unfair or fraudulent trade practices in the
    importation, exportation, distribution, or sale of fur products, including
    deceptive labeling and other practices designed to disguise the true
    contents or origin of the product.

      ``(4) Forensic texts have documented that dog and cat fur products are
    being imported into the United States subject to deceptive labels or other
    practices designed to conceal the use of dog or cat fur in the production
    of wearing apparel, toys, and other products.

      ``(5) Publicly available evidence reflects ongoing significant use of
    dogs and cats bred expressly for their fur by foreign fur producers for
    manufacture into wearing apparel, toys, and other products that have been
    introduced into United States commerce. The evidence indicates that foreign
    fur producers also rely on the use of stray dogs and cats and stolen pets
    for the manufacture of fur products destined for the world and United
    States markets.

      ``(6) The methods of housing, transporting, and slaughtering dogs and
    cats for fur production are generally unregulated and inhumane.

      ``(7) The trade of dog and cat fur products is ethically and
    aesthetically abhorrent to United States citizens. Consumers in the United
    States have a right to know if products offered for sale contain dog or cat
    fur and to ensure that they are not unwitting participants in this gruesome
    trade.

      ``(8) Persons who engage in the sale of dog or cat fur products,
    including the fraudulent trade practices identified above, gain an unfair
    competitive advantage over persons who engage in legitimate trade in
    apparel, toys, and other products, and derive an unfair benefit from
    consumers who buy their products.

      ``(9) The imposition of a ban on the sale, manufacture, offer for sale,
    transportation, and distribution of dog and cat fur products, regardless of
    their source, is consistent with the international obligations of the
    United States because it applies equally to domestic and foreign producers
    and avoids any discrimination among foreign sources of competing products.
    Such a ban is also consistent with provisions of international agreements
    to which the United States is a party that expressly allow for measures
    designed to protect the health and welfare of animals and to enjoin the use
    of deceptive trade practices in international or domestic commerce.
    ---------------------------------------------------------------------------

        ``(b) Purposes.--The purposes of this chapter are to--
    ---------------------------------------------------------------------------

      ``(1) prohibit imports, exports, sale, manufacture, offer for sale,
    transportation, and distribution in the United States of dog and cat fur
    products, in order to ensure that United States market demand does not
    provide an incentive to slaughter dogs or cats for their fur;

      ``(2) require accurate labeling of fur species so that consumers in the
    United States can make informed choices and ensure that they are not
    unwitting contributors to this gruesome trade; and

      ``(3) ensure that the customs laws of the United States are not
    undermined by illicit international traffic in dog and cat fur products.''.

              (1) Cat fur.--The term ``cat fur'' means the pelt or
            skin of any animal of the species Felis catus.
              (2) Interstate commerce.--The term ``interstate
            commerce'' means the transportation for sale, trade, or
            use between any State, territory, or possession of the
            United States, or the District of Columbia, and any
            place outside thereof.
              (3) Customs laws.--The term ``customs laws of the
            United States'' means any other law or regulation
            enforced or administered by the United States Customs
            Service.
              (4) Designated authority.--The term ``designated
            authority'' means the Secretary of the Treasury, with
            respect to the prohibitions under subsection (b)(1)(A),
            and the President (or the President's designee), with
            respect to the prohibitions under subsection (b)(1)(B).
              (5) Dog fur.--The term ``dog fur'' means the pelt or
            skin of any animal of the species Canis familiaris.
              (6) Dog or cat fur product.--The term ``dog or cat
            fur product'' means any item of merchandise which
            consists, or is composed in whole or in part, of any
            dog fur, cat fur, or both.
              (7) Person.--The term ``person'' includes any
            individual, partnership, corporation, association,
            organization, business trust, government entity, or
            other entity subject to the jurisdiction of the United
            States.
              (8) United states.--The term ``United States'' means
            the customs territory of the United States, as defined
            in general note 2 of the Harmonized Tariff Schedule of
            the United States.
        (b) Prohibitions.--
              (1) In general.--It shall be unlawful for any person
            to--
                      (A) import into, or export from, the United
                    States any dog or cat fur product; or
                      (B) introduce into interstate commerce,
                    manufacture for introduction into interstate
                    commerce, sell, trade, or advertise in
                    interstate commerce, offer to sell, or
                    transport or distribute in interstate commerce
                    in the United States, any dog or cat fur
                    product.
              (2) Exception--This subsection shall not apply to the
            importation, exportation, or transportation, for
            noncommercial purposes, of a personal pet that is
            deceased, including a pet preserved through taxidermy.
        (c) Penalties and Enforcement.--
              (1) Civil penalties.--
                      (A) In general.--Any person who violates any
                    provision of this section or any regulation
                    issued under this section may, in addition to
                    any other civil or criminal penalty that may be
                    imposed under title 18, United States Code, or
                    any other provision of law, be assessed a civil
                    penalty by the designated authority of not more
                    than
                              (i) $10,000 for each separate knowing
                            and intentional violation;
                              (ii) $5,000 for each separate grossly
                            negligent violation; or
                              (iii) $3,000 for each separate
                            negligent violation.
                      (B) Debarment.--The designated authority may
                    prohibit a person from importing, exporting,
                    transporting, distributing, manufacturing, or
                    selling any fur product in the United States,
                    if the designated authority finds that the
                    person has engaged in a pattern or practice of
                    actions that has resulted in a final
                    administrative determination with respect to
                    the assessment of civil penalties for knowing
                    and intentional or grossly negligent violations
                    of any provision of this section or any
                    regulation issued under this section.
                      (C) Factors in assessing penalties.--In
                    determining the amount of civil penalties under
                    this paragraph, the designated authority shall
                    take into account the degree of culpability,
                    any history of prior violations under this
                    section, ability to pay, the seriousness of the
                    violation, and such other matters as fairness
                    may require.
                      (D) Notice.--No penalty may be assessed under
                    this paragraph against a person unless the
                    person is given notice and opportunity for a
                    hearing with respect to such violation in
                    accordance with section 554 of title 5, United
                    States Code.
              (2) Forfeiture.--Any dog or cat fur product
            manufactured, taken, possessed, sold, purchased,
            offered for sale or purchase, transported, delivered,
            received, carried, shipped, imported, or exported
            contrary to the provisions of this section or any
            regulation issued under this section shall be subject
            to forfeiture to the United States.
              (3) Enforcement.--The Secretary of the Treasury shall
            enforce the provisions of this section with respect to
            the prohibitions under subsection (b)(1)(A), and the
            President shall enforce the provisions of this section
            with respect to the prohibitions under subsection
            (b)(1)(B).
              (4) Regulations.--Not later than 270 days after the
            date of the enactment of this section, the designated
            authorities shall, after notice and opportunity for
            comment, issue regulations to carry out the provisions
            of this section. The regulations of the Secretary of
            the Treasury shall provide for a process by which
            testing laboratories, whether domestic or foreign, can
            qualify for certification by the United States Customs
            Service by demonstrating the reliability of the
            procedures used for determining the type of fur
            contained in articles intended for sale or consumption
            in interstate commerce. Use of a laboratory certified
            by the United States Customs Service to determine the
            nature of fur contained in an item to which subsection
            (b) applies is not required to avoid liability under
            this section but may, in a case in which a person can
            establish that the goods imported were tested by such a
            laboratory and that the item was not found to be a dog
            or cat fur product, prove dispositive in determining
            whether that person exercised reasonable care for
            purposes of paragraph (6).
              (5) Reward.--The designated authority shall pay a
            reward of not less than $500 to any person who
            furnishes information that establishes or leads to a
            civil penalty assessment, debarment, or forfeiture of
            property for any violation of this section or any
            regulation issued under this section.
              (6) Affirmative defense.--Any person accused of a
            violation under this section has a defense to any
            proceeding brought under this section on account of
            such violation if that person establishes by a
            preponderance of the evidence that the person exercised
            reasonable care--
                      (A) in determining the nature of the products
                    alleged to have resulted in such violation; and
                      (B) in ensuring that the products were
                    accompanied by documentation, packaging, and
                    labeling that were accurate as to the nature of
                    the products.
              (7) Coordination with other laws.--Nothing in this
            section shall be construed as superseding or limiting
            in any manner the functions and responsibilities of the
            Secretary of the Treasury under the customs laws of the
            United States.
        (d) Publication of Names of Certain Violators.--The
    designated authorities shall, at least once each year, publish
    in the Federal Register a list of the names of any producer,
    manufacturer, supplier, seller, importer, or exporter, whether
    or not located within the customs territory of the United
    States or subject to the jurisdiction of the United States,
    against whom a final administrative determination with respect
    to the assessment of a civil penalty for a knowing and
    intentional or a grossly negligent violation has been made
    under this section.
        (e) Reports.--In order to enable Congress to engage in
    active, continuing oversight of this section, the designated
    authorities shall provide the following:
              (1) Plan for enforcement.--Within 3 months after the
            date of the enactment of this section, the designated
            authorities shall submit to Congress a plan for the
            enforcement of the provisions of this section,
            including training and procedures to ensure that United
            States Government personnel are equipped with state-of-
            the-art technologies to identify potential dog or cat
            fur products and to determine the true content of such
            products.
              (2) Report on enforcement efforts.--Not later than 1
            year after the date of the enactment of this section,
            and on an annual basis thereafter, the designated
            authorities shall submit a report to Congress on the
            efforts of the United States Government to enforce the
            provisions of this section and the adequacy of the
            resources to do so. The report shall include an
            analysis of the training of United States Government
            personnel to identify dog and cat fur products
            effectively and to take appropriate action to enforce
            this section. The report shall include the findings of
            the designated authorities as to whether any government
            has engaged in a pattern or practice of support for
            trade in products the importation of which are
            prohibited under this section.
              * * * * * * *

    SEC. 323.\5\ CONSERVATION OF FISHERY RESOURCES.

        Upon the convocation of a conference on the use or
    conservation of international fishery resources, the President
    shall, by all appropriate means at his disposal, seek to
    persuade countries whose domestic fishing practices or policies
    affect such resources, to engage in negotiations in good faith
    relating to the use or conservation of such resources. If,
    after such efforts by the President and by other countries
    which have agreed to engage in such negotiations, any other
    country whose conservation practices or policies affect the
    interests of the United States and such other countries, has,
    in the judgment of the President, failed or refused to engage
    in such negotiations in good faith, the President may, if he is
    satisfied that such action is likely to be effective in
    inducing such country to engage in such negotiations in good
    faith, increase the rate of duty on any fish (in any form)
    which is the product of such country, for such time as he deems
    necessary, to a rate not more than 50 percent above the rate
    existing on July 1, 1934.
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 1323. Sec. 257(i) of Public Law 87-794 (76 Stat. 883)
    inserted sec. 323.
    ---------------------------------------------------------------------------

             Part II--United States International Trade Commission

    SEC. 330.\6\ ORGANIZATION OF COMMISSION.

        (a) Membership.--The United States International Trade
    Commission (referred to in this subtitle as the ``Commission'')
    shall be composed of six commissioners who shall be appointed
    by the President, by and with the advice and consent of the
    Senate. No person shall be eligible for appointment as a
    commissioner unless he is a citizen of the United States, and,
    in the judgment of the President, is possessed of
    qualifications requisite for developing expert knowledge of
    international trade problems and efficiency in administering
    the duties and functions of the Commission. A person who has
    served as a commissioner for more than 5 years (excluding
    service as a commissioner before January 3, 1975) shall not be
    eligible for the reappointment as a commissioner. Not more than
    three of the commissioners shall be members of the same
    political party, and in making appointments members of
    different political parties shall be appointed alternately as
    nearly as may be practicable.
    ---------------------------------------------------------------------------
        \6\ 19 U.S.C. 1330. As amended by title I of the Trade Act of 1974
    (Public Law 93-618; 88 Stat. 2009-2011); by sec. 1801(a) of Public Law
    94-455 (90 Stat. 1762); by secs. 1 and 2(a) of Public Law 95-106 (91
    Stat. 867); and by Public Law 95-430 (92 Stat. 1020).
    ---------------------------------------------------------------------------
        (b) Terms of Office.--The terms of office of the
    commissioners holding office on January 3, 1975, which (but for
    this sentence) would expire on June 16, 1975, June 16, 1977,
    June 16, 1978, June 16, 1979, and June 16, 1980, shall expire
    on December 16, 1976, June 16, 1978, December 16, 1979, June
    16, 1981, December 16, 1982, and June 16, 1984, respectively.
    The term of office of each commissioner appointed after such
    date shall expire 9 years from the date of the expiration of
    the term for which his predecessor was appointed, except that--
              (1) any commissioner appointed to fill a vacancy
            occurring prior to the expiration of the term for which
            his predecessor was appointed shall be appointed for
            the remainder of such term, and
              (2) any commissioner may continue to serve as a
            commissioner after an expiration of this term of office
            until his successor is appointed and qualified.
        (c) Chairman and Vice Chairman; Quorum.--(1) The chairman
    and the vice chairman of the Commission shall be designated by
    the President from among the members of the Commission not
    ineligible, under paragraph (3), for designation. The President
    shall notify the Congress of his designations under this
    paragraph. If, as of the date on which a term begins under
    paragraph (2), the President has not designated the chairman of
    the Commission for such term, the Commissioner who, as of such
    date--
              (A) is a member of a different political party than
            the chairman of the Commission for the immediately
            preceding term, and
              (B) has the longest period of continuous service as a
            commissioner,
    shall serve as chairman of the Commission for the portion of
    such term preceding the date on which an individual designated
    by the President takes office as chairman.\7\
    ---------------------------------------------------------------------------
        \7\ Sec. 1(c)(1) of Public Law 102-185 (105 Stat. 1280) added from
    ``If, as of the date * * *'', effective December 14, 1991.
    ---------------------------------------------------------------------------
        (2) After June 16, 1978, the terms of office for the
    chairman and vice chairman of the Commission shall be as
    follows:
              (A) The first term of office occurring after such
            date shall begin on June 17, 1978, and end at the close
            of June 16, 1980.
              (B) Each term of office thereafter shall begin on the
            day after the closing date of the immediately preceding
            term of office and end at the close of the 2-year
            period beginning on such day.
        (3)(A) \8\ The President may not designate as the chairman
    of the Commission for any term any commissioner who is a member
    of the political party of which the chairman of the Commission
    for the immediately preceding term is a member, or who has less
    than 1 year of continuous service as a commissioner as of the
    date such designation is being made.\9\
    ---------------------------------------------------------------------------
        \8\ Sec. 1(a)(1)(A) of Public Law 102-185 (105 Stat. 1280) amended
    and restated para. (3)(A), applicable to terms beginning on and after
    June 17, 1990.
        In the case of the term of the chairman of the USITC beginning June
    17, 1992, this section shall not apply, pursuant to sec. 1(b) of Public
    Law 102-185 (105 Stat. 1280). Furthermore, sec. 1(b)(2) of that Act
    requires that ``the President shall designate as chairman a
    Commissioner who is a member of the same political party as the
    chairman of the Commission serving on June 16, 1986.''.
        \9\ Sec. 1(a)(2)(A) of Public Law 102-185 (105 Stat. 1280) inserted
    ``, or who has less than 1 year of continuous service as a commissioner
    as of the date such designation is being made'', applicable to terms
    beginning on and after June 17, 1996.
    ---------------------------------------------------------------------------
        (B) The President may not designate as the vice chairman of
    the Commission for any term any commissioner who is a member of
    the political party of which the chairman for that term is a
    member.
        (C) If any commissioner does not complete a term as
    chairman or vice chairman by reason of death, resignation,
    removal from office as a commissioner, or expiration of his
    term of office as a commissioner, the President shall designate
    as the chairman or vice chairman, as the case may be, for the
    remainder of such term a commissioner who is a member of the
    same political party. Designation of a chairman under this
    subparagraph may be made without regard to the 1-year
    continuous service requirement under subparagraph (A).\10\
    ---------------------------------------------------------------------------
        \10\ Sec. 1(a)(1)(B) of Public Law 102-185 (105 Stat. 1280) struck
    out the last sentence of subpara. (C), which had referred to struck out
    language in subpara. (A), applicable to terms beginning on and after
    June 17, 1990. Sec. 1(a)(2)(B) of Public Law 102-185 inserted the
    current last sentence, applicable to terms beginning on and after June
    17, 1996.
    ---------------------------------------------------------------------------
        (4) The vice chairman shall act as chairman in case of the
    absence or disability of the chairman. During any period in
    which there is no chairman or vice chairman, the commissioner
    having the longest period of continuous service as a
    commissioner shall act as chairman.
        (5) No commissioner shall actively engage in any business,
    vocation, or employment other than that of serving as a
    commissioner.
        (6) A majority of the commissioners in office shall
    constitute a quorum, but the Commission may function
    notwithstanding vacancies.
        (d) Voting Procedures.--(1) In a proceeding in which the
    Commission is required to determine--
              (A) under section 202 \11\ of the Trade Act of 1974,
            whether increased imports of an article are a
            substantial cause of serious injury, or the threat
            thereof, as described in subsection (b)(1) of that
            section (hereinafter in this subsection referred to as
            ``serious injury''), or
    ---------------------------------------------------------------------------
        \11\ Sec. 1401(b)(4) of Public Law 100-418 (102 Stat. 1240) struck
    out ``201'' and inserted in lieu thereof ``202''.
    ---------------------------------------------------------------------------
              (B) under section 406 of such Act, whether market
            disruption exists,
    and the commissioners voting are equally divided with respect
    to such determination, then the determination agreed upon by
    either group of commissioners may be considered by the
    President as the determination of the Commission.
        (2) If under section 202(b) \12\ or 406 of the Trade Act of
    1974 there is an affirmative determination of the Commission,
    or a determination of the Commission which the President may
    consider an affirmative determination under paragraph (1), that
    serious injury or market disruption exists, respectively, and a
    majority of the commissioners voting are unable to agree on a
    finding or recommendation described in section 201(e)(1) \12\
    of such Act or the finding described in section 406(a)(3) of
    such Act as the case may be (hereafter in this subsection
    referred to as a ``remedy finding''), then--
    ---------------------------------------------------------------------------
        \12\ Sec. 1401(b)(4) of Public Law 100-418 (102 Stat. 1240) struck
    out ``201'', inserted in lieu thereof ``202(b)'', and struck out
    ``201(d)(1)'' and inserted in lieu thereof ``202(e)(1)''.
    ---------------------------------------------------------------------------
              (A) if a plurality of not less than three
            commissioners so voting agree on a remedy finding, such
            remedy finding shall, for purposes of section 202 \11\
            of such Act be treated as the remedy finding of the
            Commission, or
              (B) if two groups, both of which include not less
            than 3 commissioners, each agree upon a remedy finding
            and the President reports under section 204(a) \13\ of
            such Act that--
    ---------------------------------------------------------------------------
        \13\ Sec. 1401(b)(4)(B) of Public Law 100-418 (102 Stat. 1241)
    struck out ``203(b)'' and inserted in lieu thereof ``204(a)''.
    ---------------------------------------------------------------------------
                      (i) he is taking the action agreed upon by
                    one such group, then the remedy finding agreed
                    upon by the other group shall, for purposes of
                    section 203 of such Act be treated as the
                    remedy finding of the Commission, or
                      (ii) he is taking action which differs from
                    the action agreed upon by both such groups, or
                    that he will not take any action, then the
                    remedy finding agreed upon by either such group
                    may be considered by the Congress as the remedy
                    finding of the Commission and shall, for
                    purposes of section 203 of such Act be treated
                    as the remedy finding of the Commission.
        (3) In any proceeding to which paragraph (1) applies in
    which the commissioners voting are equally divided on a
    determination that serious injury exists, or that market
    disruption exists, the Commission shall report to the President
    the determination of each group of commissioners. In any
    proceeding to which paragraph (2) applies, the Commissioner
    shall report to the President the remedy finding of each group
    of commissioners voting.
        (4) In a case to which paragraph (2)(B)(ii) applies, for
    purposes of section 203(a) \14\ of the Trade Act of 1974,
    notwithstanding section 152(a)(1)(A) of such Act the second
    blank space in the joint resolution described in such section
    152(a)(1)(A) \15\ shall be filled with the appropriate date and
    the following: ``The action which shall take effect under
    section 203(a) \14\ of the Trade Act of 1974 is the finding or
    recommendation agreed upon by Commissioners
    ........................, ........................, and
    ........................'' The three blank spaces shall be
    filled with the names of the appropriate Commissioners.
    ---------------------------------------------------------------------------
        \14\ Sec. 1401(b)(4)(C) of Public Law 100-418 (102 Stat. 1241)
    struck out ``203(c)(1)'' and inserted in lieu thereof ``203(a)''.
        \15\ Sec. 248(c) of Public Law 98-573 (98 Stat. 2998) inserted this
    reference to a joint resolution described in sec. 152(a)(1)(A) in lieu
    of a reference to a concurrent resolution described in sec. 152.
    ---------------------------------------------------------------------------
        (5) Whenever, in any case in which the Commission is
    authorized to make an investigation upon its own motion upon
    complaint, or upon application of any interested party, one-
    half of the number of commissioners voting agree that the
    investigation should be made, such investigation shall
    thereupon be carried out in accordance with the statutory
    authority covering the matter in question. Whenever the
    Commission is authorized to hold hearings in the course of any
    investigation and one-half of the number of commissioners
    voting agree that hearings should be held, such hearings shall
    thereupon be held in accordance with the statutory authority
    covering the matter in question.
        (e) Authorization of Appropriations.--(1) For the fiscal
    year beginning October 1, 1976, and each fiscal year
    thereafter, there are authorized to be appropriated to the
    Commission only such sums as may hereafter be provided by law.
        (2) \16\ (A) There are authorized to be appropriated to the
    Commission for necessary expenses (including the rental of
    conference rooms in the District of Columbia and elsewhere) not
    to exceed the following:
    ---------------------------------------------------------------------------
        \16\ Sec. 101 of the Customs and Trade Act of 1990 (Public Law 101-
    382; 104 Stat. 633) amended and restated subsec. (e)(2).
        Previously, sec. 701 of Public Law 98-573 (98 Stat. 3043) replaced
    language authorizing not to exceed $19,737,000 for the Commission
    during fiscal year 1983. This sentence was subsequently amended by sec.
    13021 of Public Law 99-272 (100 Stat. 305) which substituted ``1986''
    and ``$28,901,000'' in lieu of ``1985'' and ``$28,410,000''; by sec.
    9502 of Public Law 100-203 (101 Stat. 1330-380) which inserted ``1988''
    and ``$35,386,000'' in lieu of ``1986'' and ``$28,901,000''; and by
    sec. 2 of Public Law 101-207 (103 Stat. 1833) which inserted ``1990''
    and ``$39,943,000'' in lieu of ``1988'' and ``$35,386,000''.
    ---------------------------------------------------------------------------
              (i) $41,170,000 for fiscal year 1991.
              (ii) $44,052,000 for fiscal year 1992.
        (B) Not to exceed $2,500 of the amount authorized to be
    appropriated for any fiscal year under subparagraph (A) may be
    used, subject to the approval of the Chairman of the
    Commission, for reception and entertainment expenses.
        (C) No part of any sum that is appropriated under the
    authority of subparagraph (A) may be used by the Commission in
    the making of any special study, investigation, or report that
    is requested by any agency of the executive branch unless that
    agency reimburses the Commission for the cost thereof.
        (3) There are authorized to be appropriated to the
    Commission for each fiscal year after September 30, 1977, in
    addition to any other amount authorized to be appropriated for
    such fiscal year, such sums as may be necessary for increases
    authorized by law in salary, pay, retirement, and other
    employee benefits.
        (4) \17\ By not later than the date on which the President
    submits to Congress the budget of the United States Government
    for a fiscal year, the Commission shall submit to the Committee
    on Ways and Means of the House of Representatives and the
    Committee on Finance of the Senate the projected amount of
    funds for the succeeding fiscal year that will be necessary for
    the Commission to carry out its functions.
    ---------------------------------------------------------------------------
        \17\ Sec. 371(b) of the Customs Border Security Act of 2002 (title
    III of Public Law 107-210; 116 Stat. 991) added para. (4).
    ---------------------------------------------------------------------------
      (f) \18\ The Commission shall be considered to be an
    independent regulatory agency for purposes of chapter 35 of
    title 44, United States Code.
    ---------------------------------------------------------------------------
        \18\ Sec. 1612 of Public Law 100-418 (102 Stat. 1262) added subsec.
    (f).
    ---------------------------------------------------------------------------

    SEC. 331.\19\ GENERAL POWERS.

        (a)(1)(A) Except as provided in paragraph (2), the chairman
    of the Commission shall--
    ---------------------------------------------------------------------------
        \19\ 19 U.S.C. 1331. As amended by sec. 3 of Public Law 95-106 (91
    Stat. 868). Further amended in subsec. (a)(1) by sec. 1(b) of Public
    Law 97-456 (96 Stat. 2503).
    ---------------------------------------------------------------------------
              (i) appoint and fix the compensation of such
            employees of the Commission as he deems necessary
            (other than the personal staff of each commissioner),
            including the secretary,
              (ii) procure the services of experts and consultants
            in accordance with the provisions of section 3109 of
            title 5, and
              (iii) exercise and be responsible for all other
            administrative functions of the Commission.
        (B) The chairman of the Commission may accept, hold,
    administer and utilize gifts, devises, and bequests of
    property, both real and personal, for the purpose of aiding or
    facilitating the work of the Commission.
        (C) Any decision by the chairman under subparagraph (A) or
    (B) shall be subject to disapproval of a majority vote of all
    the commissioners in office.
        (2) Subject to approval by a majority vote of all the
    commissioners in office, the chairman may--
              (A) terminate the employment of any supervisory
            employee of the Commission whose duties involve
            substantial personal responsibility for Commission
            matters and who is compensated at a rate equal to, or
            in excess of, the rate for grade GS-15 of the General
            Schedule in section 5332 of Title 5, and
              (B) formulate the annual budget of the Commission.
        (3) No member of the Commission, in making public
    statements with respect to any policy matter for which the
    Commission has responsibility, shall represent himself as
    speaking for the Commission, or his views as being the views of
    the Commission, with respect to such matter except to the
    extent that the Commission has adopted the policy being
    expressed.
        (b) Application of Civil Service Law.--Except for employees
    excepted under civil service rules, all employees of the
    Commission shall be appointed from lists of eligibles to be
    supplied by the Director of the Office of Personnel Management
    \20\ and in accordance with the civil service law.
    ---------------------------------------------------------------------------
        \20\ This authority was transferred from the Civil Service
    Commission to the Director of the Office of Personnel Management by
    Reorganization Plan No. 2 of 1978 and Executive Order 12107, December
    28, 1978.
    ---------------------------------------------------------------------------
        (c) Expenses.--All of the expenses of the Commission,
    including all necessary expenses for transportation incurred by
    the commissioners or by their employees under their orders in
    making any investigation or upon official business in any other
    places than at their respective headquarters, shall be allowed
    and paid on the presentation of itemized vouchers therefor
    approved by the chairman (except that in the case of a
    commissioner, or the personal staff of any commissioner, such
    vouchers may be approved by that commissioner).
        (d) Principal Office at Washington.--The principal office
    of the Commission shall be in the city of Washington, but it
    may meet and exercise all the powers at any other place. The
    Commission may, by one or more of its members, or by such
    agents as it may designate, prosecute any inquiry necessary to
    its duties in any part of the United States or in any foreign
    country.
        (e) Office at New York.--The Commission is authorized to
    establish and maintain an office at the port of New York for
    the purpose of directing or carrying on any investigation,
    receiving and compiling statistics, selecting, describing, and
    filing samples of articles, and performing any of the duties or
    exercising any of the powers imposed upon it by law.
        (f) Official Seal.--The Commission is authorized to adopt
    an official seal, which shall be judicially noticed.

    SEC. 332.\21\ INVESTIGATIONS.

        (a) Investigations and Reports.--It shall be the duty of
    the Commission to investigate the administration and fiscal and
    industrial effects of the customs laws of this country now in
    force or which may be hereafter enacted, the relations between
    the rates of duty on raw materials and finished or partly
    finished products, the effects of ad valorem and specific
    duties and of compound specific and ad valorem duties, all
    questions relative to the arrangement of schedules and
    classification of articles in the several schedules of the
    customs law, and, in general, to investigate the operation of
    customs laws, including their relation to the Federal revenues,
    their effect upon the industries and labor of the country, and
    to submit reports of its investigations as hereafter provided.
    ---------------------------------------------------------------------------
        \21\ 19 U.S.C. 1332.
    ---------------------------------------------------------------------------
        (b) Investigations of Tariff Relations.--The Commission
    shall have power to investigate the tariff relations between
    the United States and foreign countries, commercial treaties,
    preferential provisions, economic alliances, the effect of
    export bounties and preferential transportation rates, the
    volume of importations compared with domestic production and
    consumption, and conditions, causes, and effects relating to
    competition of foreign industries with those of the United
    States, including dumping and cost of production.
        (c) Investigation of Paris Economy Pact.--The Commission
    shall have power to investigate the Paris Economy Pact and
    similar organizations and arrangements in Europe.
        (d) Information for President and Congress.--In order that
    the President and the Congress may secure information and
    assistance, it shall be the duty of the Commission to--
              (1) Ascertain conversion costs and costs of
            production in the principal growing, producing, or
            manufacturing centers of the United States of articles
            of the United States, whenever in the opinion of the
            Commission it is practicable;
              (2) Ascertain conversion costs and costs of
            production in the principal growing, producing, or
            manufacturing centers of foreign countries of articles
            imported into the United States, whenever in the
            opinion of the Commission such conversion costs or
            costs of production are necessary for comparison with
            conversion costs or costs of production in the United
            States and can be reasonably ascertained;
              (3) Select and describe articles which are
            representative of the classes or kinds of articles
            imported into the United States and which are similar
            to or comparable with articles of the United States;
            select and describe articles of the United States
            similar to or comparable with such imported articles;
            and obtain and file samples of articles so selected,
            whenever the Commission deems it advisable;
              (4) Ascertain import costs of such representative
            articles so selected;
              (5) Ascertain the grower's, producer's, or
            manufacturer's selling prices in the principal growing,
            producing, or manufacturing centers of the United
            States of the articles of the United States so
            selected; and
              (6) Ascertain all other facts which will show the
            differences in or which affect competition between
            articles of the United States and imported articles in
            the principal markets of the United States.
        (e) Definitions.--When used in this subdivision and in
    subdivision (d)--
              (1) The term ``article'' includes any commodity,
            whether grown, produced, fabricated, manipulated, or
            manufactured;
              (2) \22\ The term ``import cost'' means the
            transaction value of the imported merchandise
            determined in accordance with section 402(b) plus, when
            not included in the transaction value of the imported
            merchandise determined in accordance with section
            402(b) plus, when not included in the transaction
            value, all necessary expenses, exclusive of customs
            duties, of bringing such merchandise to the United
            States.
    ---------------------------------------------------------------------------
        \22\ Sec. 202(a)(1) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 201) amended the definintion of ``import cost'',
    effective January 1, 1981.
    ---------------------------------------------------------------------------
        (f) The Tariff Commission is hereby directed, within eight
    months from the passage of this Act, to ascertain the
    approximate average cost per barrel to the oil refineries
    located on the Atlantic seaboard of crude petroleum delivered
    to them from the oil fields of the United States during the
    three years preceding 1930, and the present approximate average
    cost per barrel of crude petroleum from Lake Maracaibo,
    Venezuela, delivered to the same points. Such relative costs
    shall be immediately certified to the Speaker of the House of
    Representatives and to the President of the Senate for the
    information of the Congress.
        (g) \23\ Reports to the President and Congress.--The
    commission shall put at the disposal of the President of the
    United States, the Committee on Ways and Means of the House of
    Representatives, and the Committee on Finance of the Senate,
    whenever requested, all information at its command, and shall
    make such investigations and reports as may be requested by the
    President or by either of said committees or by either branch
    of the Congress. However, the Commission may not release
    information which the Commission considers to be confidential
    business information unless the party submitting the
    confidential business information had notice, at the time of
    submission, that such information would be released by the
    Commission, or such party subsequently consents to the release
    of the information. The Commission shall report to Congress
    \24\ on the first Monday of December of each year after June
    17, 1930, a statement of the methods adopted and all expenses
    incurred, a summary of all reports made during the year, and a
    list of all votes taken by the commission during the year,
    showing those commissioners voting in the affirmative and the
    negative on each vote and those commissioners not voting on
    each vote and the reasons for not voting. Each such annual
    report shall include a list of all complaints filed under
    section 1337 of this title during the year for which such
    report is being made, the date on which each such complaint was
    filed, and the action taken thereon, and the status of all
    investigations conducted by the commission under such section
    during such year and the date on which each such investigation
    was commenced.
    ---------------------------------------------------------------------------
        \23\ Secs. 173 and 341 of the Trade Act of 1974 (Public Law 93-618;
    88 Stat. 2010, 2056) amended and restated subsec. (g).
        \24\ Sec. 1613 of Public Law 100-418 (102 Stat. 1262) struck out
    ``, and shall report to Congress'', and inserted the text to this point
    beginning with ``. However, the Commission may not release information
    * * *''. Sec. 9001(a)(16) of the Technical and Miscellaneous Revenue
    Act of 1988 (Public Law 100-647; 102 Stat. 3342) struck out the period
    which appeared after ``Congress''.
    ---------------------------------------------------------------------------

    SEC. 333.\25\ TESTIMONY AND PRODUCTION OF PAPERS.

        (a) Authority to Obtain Information.--For the purposes of
    carrying out its functions and duties in connection with any
    investigation authorized by law, the commission or its duly
    authorized agent or agents (1) shall have access to and the
    right to copy any document, paper, or record, pertinent to the
    subject matter under investigation, in the possession of any
    person, firm, copartnership, corporation, or association
    engaged in the production, importation, or distribution of any
    article under investigation, (2) may summon witnesses, take
    testimony, and administer oaths, (3) may require any person,
    firm, copartnership, corporation, or association to produce
    books or papers relating to any matter pertaining to such
    investigation, and (4) may require any person, firm,
    copartnership, corporation, or association, to furnish in
    writing, in such detail and in such form as the Commission may
    prescribe, information in their possession pertaining to such
    investigation. Any member of the Commission may sign subpoenas,
    and members and agents of the Commission, when authorized by
    the Commission, may administer oaths and affirmations, examine
    witnesses, take testimony, and receive evidence.
    ---------------------------------------------------------------------------
        \25\ 19 U.S.C. 1333. As amended by sec. 9 of Public Law 85-686 (72
    Stat. 679).
    ---------------------------------------------------------------------------
        (b) Witnesses and Evidence.--Such attendance of witnesses
    and the production of such documentary evidence may be required
    from any place in the United States at any designated place of
    hearing. And in case of disobedience to a subpoena the
    Commission may invoke the aid of any district or territorial
    court of the United States or the United States District Court
    for the District of Columbia in requiring attendance and
    testimony of witnesses and the production of documentary
    evidence, and such court within the jurisdiction of which such
    inquiry is carried on may, in case of contumacy or refusal to
    obey a subpoena issued to any corporation or other person,
    issue an order requiring such corporation or other person to
    appear before the Commission, or to produce documentary
    evidence if so ordered or to give evidence touching the matter
    in question; and any failure to obey such order of the court
    may be punished by such court as a contempt thereof.
        (c) \26\ Mandamus.--At the request of the Commission, any
    such court shall have jurisdiction to issue writs of mandamus
    commanding compliance with the provisions of this part of any
    order of the Commission made in pursuance thereof.
    ---------------------------------------------------------------------------
        \26\ Formerly, this request was required to be submitted through
    the Attorney General of the United States. Sec. 174(1) of the Trade Act
    of 1974 (Public Law 93-618; 88 Stat. 2011) struck out this provision.
    ---------------------------------------------------------------------------
        (d) Deposition.--The Commission may order testimony to be
    taken by deposition in any proceeding or investigation pending
    before the Commission at any state of such proceeding or
    investigation. Such deposition may be taken before any person
    designated by the Commission and having power to administer
    oaths. Such testimony shall be reduced to writing by the person
    taking the deposition, or under his direction, and shall then
    be subscribed by the deponent. Any person, firm, copartnership,
    corporation, or association, may be compelled to appear and
    depose and to produce documentary evidence in the same manner
    as witnesses may be compelled to appear and testify and produce
    documentary evidence before the Commission, as hereinbefore
    provided.
        (e) Fees and Mileage of Witnesses.--Witnesses summoned
    before the Commission shall be paid the same fees and mileage
    that are paid witnesses in the courts of the United States, and
    witnesses whose depositions are taken and the persons taking
    the same, except employees of the Commission, shall severally
    be entitled to the same fees and mileage as are paid for like
    services in the courts of the United States.\27\
    ---------------------------------------------------------------------------
        \27\ Sec. 229 of Public Law 91-452 (84 Stat. 930) struck out a
    provision that had previously appeared at this point relating to the
    immunity from prosecution of any natural person compelled to testify or
    produce evidence in obedience to the subpoena of the Commission.
    ---------------------------------------------------------------------------
        (f) Statements Under Oath.--The Commission is authorized,
    in order to ascertain any facts required by subdivision (d) of
    section 1332 of this title to require any importer and any
    American grower, producer, manufacturer, or seller to file with
    the Commission a statement, under oath, giving his selling
    prices in the United States of any article imported, grown,
    produced, fabricated, manipulated, or manufactured by him.
        (g) \28\ Representation in Court Proceedings.--The
    Commission shall be represented in all judicial proceedings by
    attorneys who are employees of the Commission or, at the
    request of the Commission, by the Attorney General of the
    United States.
    ---------------------------------------------------------------------------
        \28\ Sec. 174 of the Trade Act of 1974 (Public Law 93-618; 88 Stat.
    2011) added subsec (g).
    ---------------------------------------------------------------------------
        (h) \29\ Administrative Protective Orders.--Any
    correspondence, private letters of reprimand, and other
    documents and files relating to violations or possible
    violations of administrative protective orders issued by the
    Commission in connection with investigations or other
    proceedings under this title shall be treated as information
    described in section 552(b)(3) of title 5, United States Code.
    ---------------------------------------------------------------------------
        \29\ Sec. 135(a) of the Customs and Trade Act of 1990 (Public Law
    101-382; 104 Stat. 651) added subsec. (h).
    ---------------------------------------------------------------------------

    SEC. 334. COOPERATION WITH OTHER AGENCIES.

        The Commission shall in appropriate matters act in
    conjunction and cooperation with the Treasury Department, the
    Department of Commerce, the Federal Trade Commission, or any
    other departments, or independent establishment of the
    Government, and such departments and independent establishments
    of the Government shall cooperate fully with the Commission for
    the purposes of aiding and assisting in its work, and, when
    directed by the President, shall furnish to the Commission, on
    its request, all records, papers, and information in their
    possession relating to any of the subjects of investigation by
    the Commission and shall detail, from time to time, such
    officials and employees to said Commission as he may direct.

    SEC. 335.\30\ RULES AND REGULATIONS.

        The Commission is authorized to adopt such reasonable
    procedures and rules and regulations as it deems necessary to
    carry out its functions and duties.
    ---------------------------------------------------------------------------
        \30\ 19 U.S.C. 1335. Sec. 9(c) of Public Law 85-686 (72 Stat. 680)
    added sec. 335. Previously, the authorization under this section was
    contained in sec. 336(a) which was struck out by sec. 9 of Public Law
    85-686.
    ---------------------------------------------------------------------------

    SEC. 336.\31\ EQUALIZATION OF COSTS OF PRODUCTION.

        (a) Change of Classification of Duties.--In order to put
    into force and effect the policy of Congress by this chapter
    intended, the Commission (1) upon request of the President, or
    (2) upon resolution of either or both Houses of Congress, or
    (3) upon its own motion, or (4) when in the judgment of the
    Commission there is good and sufficient reason therefor, upon
    application of any interested party, shall investigate the
    differences in the costs of production of any domestic article
    and of any like or similar foreign article. In the course of
    the investigation the Commission shall hold hearings and give
    reasonable public notice thereof, and shall afford reasonable
    opportunity for parties interested to be present, to produce
    evidence, and to be heard at such hearings. The Commission
    shall report to the President the results of the investigation
    and its findings with respect to such differences in costs of
    production. If the Commission finds it shown by the
    investigation that the duties expressly fixed by statute do not
    equalize the differences in the costs of production of the
    domestic article and the like or similar foreign article when
    produced in the principal competing country, the Commission
    shall specify in its report such increases or decreases in
    rates of duty expressly fixed by statute (including any
    necessary change in classification) as it finds shown by the
    investigation to be necessary to equalize such differences. In
    no case shall the total increase or decrease of such rates of
    duty exceed 50 per centum of the rates expressly fixed by the
    statute.
    ---------------------------------------------------------------------------
        \31\ 19 U.S.C. 1336. Sec. 9(c)(1) of Public Law 85-686 (72 Stat.
    679) amended subsec. 336.
    ---------------------------------------------------------------------------
        (b) \32\ * * *
    ---------------------------------------------------------------------------
        \32\ Sec. 202(a)(2) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 202) struck out subsec. (b), which concerned changes to
    American selling price, effective January 1, 1981.
    ---------------------------------------------------------------------------
        (c) Proclamation by the President.--The President shall by
    proclamation approve the rates of duty and changes in
    classification \33\ specified in any report of the Commission
    under this section, if in his judgment such rates of duty and
    changes are shown by such investigation of the Commission to be
    necessary to equalize such differences in costs of production.
    ---------------------------------------------------------------------------
        \33\ Sec. 202(a)(2) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 202) struck out the words ``and in basis of value''
    which previously appeared at this point, effective January 1, 1981.
    ---------------------------------------------------------------------------
        (d) Effective Date of Rates and Changes.--Commencing thirty
    days after the date of any Presidential proclamation of
    approval the increased or decreased rates of duty and changes
    in classification \34\ specified in the report of the
    commission shall take effect.
    ---------------------------------------------------------------------------
        \34\ Sec. 202(a)(2) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 202) struck out the words ``or in basis of value''
    which previously appeared at this point.
    ---------------------------------------------------------------------------
        (e) Ascertainment of Differences in Costs of Production.--
    In ascertaining under this section the differences in costs of
    production, the Commission shall take into consideration, in so
    far as it finds it practicable:
              (1) In the case of a domestic article.--(A) The cost
            of production as hereinafter in this section defined;
            (B) transportation costs and other costs incident to
            delivery to the principal market or markets of the
            United States for the article; and (C) other relevant
            factors that constitute an advantage or disadvantage in
            competition.
              (2) In the case of a foreign article.--(A) The cost
            of production as hereinafter in this section defined,
            or, if the commission finds that such cost is not
            readily ascertainable, the commission may accept as
            evidence thereof, or as supplemental thereto, the
            weighted average of the invoice prices or values for a
            representative period and/or the average wholesale
            selling price for a representative period (which price
            shall be that at which the article is freely offered
            for sale to all purchasers in the principal market or
            markets of the principal competing country or countries
            in the ordinary course of trade and in the usual
            wholesale quantities in such market or markets); (B)
            transportation costs and other costs incident to
            delivery to the principal market or markets of the
            United States for the article; (C) other relevant
            factors that constitute an advantage or disadvantage in
            competition, including advantages granted to the
            foreign producers by a government, person, partnership,
            corporation, or association in a foreign country.
        (f) Modification of Changes in Duty.--Any increased or
    decreased rate of duty or change in classification \29\ which
    has taken effect as above provided may be modified or
    terminated in the same manner and subject to the same
    conditions and limitations (including time of taking effect) as
    is provided in this section in the case of original increases,
    decreases, or changes.
        (g) Prohibition Against Transfers From the Free List to the
    Dutiable List or From the Dutiable List to the Free List.--
    Nothing in this section shall be construed to authorize a
    transfer of an article from the dutiable list to the free list
    or from the free list to the dutiable list, nor a change in
    form of duty. Whenever it is provided in any paragraph of
    Subtitle I of this chapter, or in any amendatory act, that the
    duty or duties shall not exceed a specified ad valorem rate
    upon the articles provided for in such paragraph, no rate
    determined under the provisions of this section upon such
    articles shall exceed the maximum ad valorem rate so specified.
        (h) Definitions.--For the purpose of this section--
              (1) The term ``domestic article'' means an article
            wholly or in part the growth or product of the United
            States; and the term ``foreign article'' means an
            article wholly or in part the growth or product of a
            foreign country.
              (2) The term ``United States'' includes the several
            States and Territories and the District of Columbia.
              (3) The term ``foreign country'' means any empire,
            country, dominion, colony, or protectorate, or any
            subdivision or subdivisions thereof (other than the
            United States and its possessions).
              (4) The term ``cost of production'', when applied
            with respect to either a domestic article or a foreign
            article, includes, for a period which is representative
            of conditions in production of the article: (A) The
            price or cost of materials, labor costs, and other
            direct charges incurred in the production of the
            article and in the processes or methods employed in its
            production; (B) the usual general expenses, including
            charges for depreciation or depletion which are
            representative of the equipment and property employed
            in the production of the article and charges for rent
            or interest which are representative of the cost of
            obtaining capital or instruments of production; and (C)
            the cost of containers and coverings of whatever
            nature, and other costs, charges, and expenses incident
            to placing the article in condition packed ready for
            delivery.
        (i) Rules and Regulations of President.--The President is
    authorized to make all needful rules and regulations for
    carrying out his functions under the provisions of this
    section.
        (j) * * * \35\
    ---------------------------------------------------------------------------
        \35\ Sec. 202(a)(2) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 202) struck out subsec. (j), concerning rules and
    regulations of the Secretary of the Treasury, effective January 1,
    1981.
    ---------------------------------------------------------------------------
        (k) Investigations Prior to June 17, 1930.--All uncompleted
    investigations instituted prior to June 17, 1930, under the
    provisions of sections 154-159 of this title, including
    investigations in which the President has not proclaimed
    changes in classification \33\ or increases or decreases in
    rates of duty, shall be dismissed without prejudice; but the
    information and evidence secured by the commission in any such
    investigation may be given due consideration in any
    investigation instituted under the provisions of this section.

    SEC. 337.\36\ UNFAIR PRACTICES IN IMPORT TRADE.

      (a) \37\ (1) Subject to paragraph (2), the following are
    unlawful, and when found by the Commission to exist shall be
    dealt with, in addition to any other provision of law, as
    provided in this section:
    ---------------------------------------------------------------------------
        \36\ 19 U.S.C. 1337. Sec. 341 of the Trade Act of 1974 (Public Law
    96-618; 88 Stat. 2053), amended and restated sec. 337. Sec. 1342 of
    Public Law 100-418 (102 Stat. 1212) further amended the section. Public
    Law 100-418 further provided:
        ``(2) Notwithstanding any provision of section 337 of the Tariff
    Act of 1930, the United States International Trade Commission may
    extend, by not more than 90 days, the period within which the
    Commission is required to make a determination in an investigation
    conducted under such section 337 if--
    ---------------------------------------------------------------------------

      ``(A) the Commission would, but for this paragraph, be required to make
    such determination before the 180th day after the date of enactment of this
    Act; and

      ``(B) the Commission finds that the investigation is complicated.''.
    ---------------------------------------------------------------------------

        \37\ Sec. 1312 of Public Law 100-418 (102 Stat. 1184) amended and
    restated subsec. (a).
    ---------------------------------------------------------------------------
              (A) Unfair methods of competition and unfair acts in
            the importation of articles (other than articles
            provided for in subparagraphs (B), (C), (D), and (E)
            \38\ into the United States, or in the sale of such
            articles by the owner, importer, or consignee, the
            threat or effect of which is--
    ---------------------------------------------------------------------------
        \38\ Sec. 5005(b)(1) of Public Law 106-113 (113 Stat. 1501A-594)
    struck out ``and (D)'', and inserted in lieu thereof ``(D), and (E)''.
    ---------------------------------------------------------------------------
                      (i) to destroy or substantially injure an
                    industry in the United States;
                      (ii) to prevent the establishment of such an
                    industry; or
                      (iii) to restrain or monopolize trade and
                    commerce in the United States.
              (B) The importation into the United States, the sale
            for importation, or the sale within the United States
            after importation by the owner, importer, or consignee,
            of articles that--
                      (i) infringe a valid and enforceable United
                    States patent or a valid and enforceable United
                    States copyright registered under title 17,
                    United States Code; or
                      (ii) are made, produced, processed, or mined
                    under, or by means of, a process covered by the
                    claims of a valid and enforceable United States
                    patent.
              (C) The importation into the United States, the sale
            for importation, or the sale within the United States
            after importation by the owner, importer, or consignee,
            of articles that infringe a valid and enforceable
            United States trademark registered under the Trademark
            Act of 1946.
              (D) The importation into the United States, the sale
            for importation, or the sale within the United States
            after importation by the owner, importer, or consignee,
            of a semiconductor chip product in a manner that
            constitutes infringement of a mask work registered
            under chapter 9 of title 17, United States Code.
              (E) \39\ The importation into the United States, the
            sale for importation, or the sale within the United
            States after importation by the owner, importer, or
            consigner, of an article that constitutes infringement
            of the exclusive rights in a design protected under
            chapter 13 of title 17, United States Code.
    ---------------------------------------------------------------------------
        \39\ Sec. 5005(b)(1)(ii) of Public Law 106-113 (112 Stat. 1501A-
    594) added subpara. (E).
    ---------------------------------------------------------------------------
      (2) Subparagraphs (B), (C), (D), and (E) \40\ of paragraph
    (1) apply only if an industry in the United States, relating to
    the articles protected by the patent, copyright, trademark,
    mask work, or design \41\ concerned, exists or is in the
    process of being established.
    ---------------------------------------------------------------------------
        \40\ Sec. 2004(d)(5) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
    ``and (D)'' and inserted in lieu thereof ``(D), and (E)''.
        \41\ Sec. 5005(b)(1)(B) of Public Law 106-113 (113 Stat. 1501A-594)
    struck out ``or mask work'' and inserted in lieu thereof ``mask work,
    or design''.
    ---------------------------------------------------------------------------
      (3) For purposes of paragraph (2), an industry in the United
    States shall be considered to exist if there is in the United
    States, with respect to the articles protected by the patent,
    copyright, trademark, mask work, or design \40\ concerned--
              (A) significant investment in plant and equipment;
              (B) significant employment of labor or capital; or
              (C) substantial investment in its exploitation,
            including engineering, research and development, or
            licensing.
      (4) For the purposes of this section, the phrase ``owner,
    importer, or consignee'' includes any agent of the owner,
    importer, or consignee.
        (b) \42\ Investigations of Violations by Commission.--(1)
    The Commission shall investigate any alleged violation of this
    section on complaint under oath or upon its initiative. Upon
    commencing any such investigation, the Commission shall publish
    notice thereof in the Federal Register.\41\ The Commission
    shall conclude any such investigation and make its
    determination under this section at the earliest practicable
    time after the date of publication of notice of such
    investigation. To promote expeditious adjudication, the
    Commission shall, within 45 days after an investigation is
    initiated, establish a target date for its final determination.
    ---------------------------------------------------------------------------
        \42\ Sec. 321(a)(1) of Public Law 103-465 (108 Stat. 4943) struck
    out ``; Time Limits'' from the subsection heading, struck out ``The
    Commission shall conclude any such investigation, and make its
    determination under this section, at the earliest practicable time, but
    not later than one year (18 months in more complicated cases) after the
    date of publication of notice of such investigation. The Commission
    shall publish in the Federal Register its reasons for designating any
    investigation as a more complicated investigation. For purposes of the
    one-year and 18-month periods prescribed by this subsection, there
    shall be excluded any period of time during which such investigation is
    suspended because of proceedings in a court or agency of the United
    States involving similar questions concerning the subject matter of
    such investigation.'', and inserted in lieu thereof ``The Commission
    shall conclude any such investigation and make its determination under
    this section at the earliest practicable time after the date of
    publication of notice of such investigation. To promote expeditious
    adjudication, the Commission shall, within 45 days after an
    investigation is initiated, establish a target date for its final
    determination.''.
    ---------------------------------------------------------------------------
        (2) During the course of each investigation under this
    section, the Commission shall consult with, and seek advice and
    information from, the Department of Health and Human
    Services,\43\ the Department of Justice, the Federal Trade
    Commission, and such other departments and agencies as it
    considers appropriate.
    ---------------------------------------------------------------------------
        \43\ Sec. 1342(b)(1) of Public Law 100-418 (102 Stat. 1215) struck
    out ``Department of Health, Education, and Welfare'' in para. (2) and
    inserted in lieu thereof ``Department of Health and Human Services'',
    and struck out ``Secretary of the Treasury'' in para. (3) and inserted
    in lieu thereof ``Secretary of Commerce''.
    ---------------------------------------------------------------------------
        (3) Whenever, in the course of an investigation under this
    section, the Commission has reason to believe, based on
    information before it, that a matter, in whole or in part,\44\
    may come within the purview of subtitle B of title VII of this
    Act,\45\ it shall promptly notify the Secretary of Commerce
    \43\ so that such action may be taken as is otherwise
    authorized by such subtitle.\46\ If the Commission has reason
    to believe that the matter before it (A) is based solely on
    alleged acts and effects which are within the purview of
    section 701 or 731,\47\ or (B) relates to an alleged copyright
    infringement with respect to which action is prohibited by
    section 1008 of title 17, United States Code, the Commission
    shall terminate, or not institute, any investigation into the
    matter.\48\ If the Commission has reason to believe the matter
    before it is based in part on alleged acts and effects which
    are within the purview of section 701 \49\ or 731 of this Act,
    and in part on alleged acts and effects which may,
    independently from or in conjunction with those within the
    purview of such section, establish a basis for relief under
    this section, then it may institute or continue an
    investigation into the matter. If the Commission notifies the
    Secretary or the administering authority (as defined in section
    771(1) of this Act) with respect to a matter under this
    paragraph, the Commission may suspend its investigation during
    the time the matter is before the Secretary or administering
    authority for final decision.\50\ Any final decision \51\ by
    the administering authority under section 701 or 731 of this
    Act with respect to the matter within such section 701 or \51\
    731 of which the Commission has notified the Secretary or
    administering authority shall be conclusive upon the Commission
    with respect to the issue of less-than-fair-value sales or
    subsidization and the matters necessary for such decision.\52\
    ---------------------------------------------------------------------------
        \44\ Sec. 1105(a)(1) of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 310) added the reference to a partial or whole
    matter.
        \45\ Sec. 106 of the Trade Agreements Act of 1979 (Public Law 96-
    39; 93 Stat. 193) struck out a reference to the Antidumping Act, 1921
    (which was repealed) and inserted in lieu thereof a reference to
    subtitle B of title VII of the Tariff Act of 1930. Sec.
    321(a)(1)(C)(i)(I) of Public Law 103-465 (108 Stat. 4943) subsequently
    struck out ``the Tariff Act of 1930'' and inserted in lieu thereof
    ``this Act''. Sec. 261(d)(1)(B)(ii) of Public Law 103-465 (108 Stat.
    4909) struck out ``of section 303 or subtitle B of title VII of the
    Tariff Act of 1930'' and inserted in lieu thereof ``of subtitle B of
    title VII of this Act''.
        \46\ Sec. 321(a)(1)(C)(i)(II) of Public Law 103-465 (108 Stat.
    4943) struck out ``such Act'' and inserted in lieu thereof ``such
    subtitle''. Sec. 20(b)(12) of Public Law 104-295 (110 Stat. 3527)
    struck out ``such section and'' before ``such subtitle''.
        \47\ Sec. 261(d)(1)(B)(ii)(II) of Public Law 103-465 (108 Stat.
    4909) struck out ``section 303, 671, or 673'' and inserted in lieu
    thereof ``section 701 or 731''.
        \48\ Sec. 3(d) of the Audio Home Recording Act of 1992 (Public Law
    102-563; 106 Stat. 4248) amended and restated the second sentence in
    para. (3). It formerly read as follows: ``If the Commission has reason
    to believe the matter before it is based solely on alleged acts and
    effects which are within the purview of section 303, 701, or 731 of
    this Act, it shall terminate, or not institute, any investigation into
    the matter.''.
        \49\ Sec. 261(d)(1)(B)(ii)(III) of Public Law 103-465 (108 Stat.
    4909) struck out ``section 303, 701,'' and inserted in lieu thereof
    ``section 701''.
        \50\ Sec. 321(a)(1)(C)(ii) of Public Law 103-465 (108 Stat. 4943)
    struck out ``For purposes of computing the 1-year or 18-month periods
    prescribed by this subsection, there shall be excluded such period of
    suspension.'' from this point.
        \51\ Sec. 261(d)(1)(B)(ii) of Public Law 103-465 (108 Stat. 4910)
    struck out ``of the Secretary under section 303 of this Act or'' which
    previously appeared after ``decision'', and struck out ``matter within
    such section 303, 701 or'' and inserted in lieu thereof ``matter within
    such section 701 or''.
        \52\ Sec. 1105(a)(2) of the Trade Agreements Act of 1979 (Public
    Law 96-39; 93 Stat. 310) added the last four sentences of para. (3).
    ---------------------------------------------------------------------------
        (c) Determinations; Review.--The Commission shall
    determine, with respect to each investigation conducted by it
    under this section, whether or not there is a violation of this
    section,\53\ except that the Commission may, by issuing a
    consent order or on the basis of an agreement between the
    private parties to the investigation, including an agreement to
    present the matter for arbitration,\54\ terminate any such
    investigation, in whole or in part, without making such a
    determination. Each determination under subsection (d) or (e)
    shall be made on the record after notice and opportunity for a
    hearing in conformity with the provisions of subchapter II of
    chapter 5 of title 5, United States Code. All legal and
    equitable defenses may be presented in all cases. A respondent
    may raise any counterclaim in a manner prescribed by the
    Commission. Immediately after a counterclaim is received by the
    Commission, the respondent raising such counterclaim shall file
    a notice of removal with a United States district court in
    which venue for any of the counterclaims raised by the party
    would exist under section 1391 of title 28, United States Code.
    Any counterclaim raised pursuant to this section shall relate
    back to the date of the original complaint in the proceeding
    before the Commission. Action on such counterclaim shall not
    delay or affect the proceeding under this section, including
    the legal and equitable defenses that may be raised under this
    subsection.\55\ Any person adversely affected by a final
    determination of the Commission under subsection (d), (e),
    (f),\56\ or (g) \56\ may appeal such determination, within 60
    days after the determination becomes final,\57\ to the United
    States Court of Appeals for the Federal Circuit for review in
    accordance with chapter 7 of title 5, United States Code.\58\
    Notwithstanding the foregoing provisions of this subsection,
    Commission determinations under subsection (d), (e), (f), and
    (g) with respect to its findings on the public health and
    welfare, competitive conditions in the United States economy,
    the production of like or directly competitive articles in the
    United States, and United States consumers, the amount and
    nature of bond, or the appropriate remedy shall be reviewable
    in accordance with section 706 of title 5, United States
    Code.\59\ Determinations by the Commission under subsections
    (e), (f), and (j) with respect to forfeiture of bonds and under
    subsection (h) with respect to the imposition of sanctions for
    abuse of discovery or abuse of process shall also be reviewable
    in accordance with section 706 of title 5, United States
    Code.\60\
    ---------------------------------------------------------------------------
        \53\ Sec. 1342(a)(2) of Public Law 100-418 (102 Stat. 1213)
    inserted ``except that the Commission may, by issuing a consent order
    or on the basis of a settlement agreement, terminate any such
    investigation, in whole or in part, without making such a
    determination.''.
        \54\ Sec. 321(a)(2)(A) of Public Law 103-465 (108 Stat. 4943)
    struck out ``a settlement agreement'' and inserted in lieu thereof ``an
    agreement between the private parties to the investigation, including
    an agreement to present the matter for arbitration''.
        \55\ Sec. 321(a)(2)(B) of Public Law 103-465 (108 Stat. 4944) added
    ``A respondent may raise any counterclaim in a manner prescribed by the
    Commission. Immediately after a counterclaim is received by the
    Commission, the respondent raising such counterclaim shall file a
    notice of removal with a United States district court in which venue
    for any of the counterclaims raised by the party would exist under
    section 1391 of title 28, United States Code. Any counterclaim raised
    pursuant to this section shall relate back to the date of the original
    complaint in the proceeding before the Commission. Action on such
    counterclaim shall not delay or affect the proceeding under this
    section, including the legal and equitable defenses that may be raised
    under this subsection.''.
        \56\ Sec. 1105(c) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 311) added the reference to subsec. (f). Sec.
    1342(b)(2) of Public Law 100-418 (102 Stat. 1215) added the reference
    to subsec. (g).
        \57\ Sec. 413 of Public Law 98-620 (98 Stat. 3362) inserted
    ``within 60 days after the determination becomes final''.
        \58\ Sec. 163(a)(4) of the Federal Courts Improvement Act (Public
    Law 97-164; 96 Stat. 49) struck out ``Court of Customs and Patent
    Appeals'' and inserted in lieu thereof ``Court of Appeals for the
    Federal Circuit''. Sec. 6041 of Public Law 96-417 (94 Stat. 1744)
    inserted ``for review in accordance with chapter 7 of title 5, United
    States Code''.
        \59\ Sec. 321(a)(2)(C) of Public Law 103-465 (108 Stat. 4944) added
    ``Determinations by the Commission under subsections (e), (f), and (j)
    with respect to forfeiture of bonds and under subsection (h) with
    respect to the imposition of sanctions for abuse of discovery or abuse
    of process shall also be reviewable in accordance with section 706 of
    title 5, United States Code.''.
        \60\ Sec. 604(2) of Public Law 96-417 (94 Stat. 1744) substituted
    this sentence in lieu of previous text which read as follows: ``Such
    Court shall have jurisdiction to review such determination in the same
    manner and subject to the same limitations and conditions as in the
    case of appeals from decisions of the United States Customs Court.''.
    ---------------------------------------------------------------------------
        (d) Exclusion of Articles From Entry.--(1) \61\ If the
    Commission determines, as a result of an investigation under
    this section, that there is a violation \62\ of this section,
    it shall direct that the articles concerned, imported by any
    person violating the provision of this section, be excluded
    from entry into the United States, unless, after considering
    the effect of such exclusion upon the public health and
    welfare, competitive conditions in the United States economy,
    the production of like or directly competitive articles in the
    United States, and United States consumers, it finds that such
    articles should not be excluded from entry. The Commission
    shall notify the Secretary of the Treasury of its action under
    this subsection directing such exclusion from entry, and upon
    receipt of such notice, the Secretary shall, through the proper
    officers, refuse such entry.
    ---------------------------------------------------------------------------
        \61\ Sec. 321(a)(5)(A)(i) of Public Law 103-465 (108 Stat. 4944)
    inserted the paragraph designation ``(1)''.
        \62\ Sec. 321(a)(5)(A)(ii) of Public Law 103-465 (108 Stat. 4944)
    struck out ``there is violation'' and inserted in lieu thereof ``there
    is a violation''.
    ---------------------------------------------------------------------------
        (2) \63\ The authority of the Commission to order an
    exclusion from entry of articles shall be limited to persons
    determined by the Commission to be violating this section
    unless the Commission determines that--
    ---------------------------------------------------------------------------
        \63\ Sec. 321(a)(5)(A)(iii) of Public Law 103-465 (108 Stat. 4944)
    added para. (2).
    ---------------------------------------------------------------------------
              (A) a general exclusion from entry of articles is
            necessary to prevent circumvention of an exclusion
            order limited to products of named persons; or
              (B) there is a pattern of violation of this section
            and it is difficult to identify the source of
            infringing products.
        (e) Exclusion of Articles From Entry During Investigation
    Except Under Bond.--(1) \64\ If, during the course of an
    investigation under this section, the Commission determines
    that there is reason to believe that there is a violation of
    this section, it may direct that the articles concerned,
    imported by any person with respect to whom there is reason to
    believe that such person is violating this section, be excluded
    from entry into the United States, unless after considering the
    effect of such exclusion upon the public health and welfare,
    competitive conditions in the United States economy, the
    production of like or directly competitive articles in the
    United States, and United States consumers, it finds that such
    articles should not be excluded from entry. The Commission
    shall notify the Secretary of the Treasury of its action under
    this subsection directing such exclusion from entry, and upon
    receipt of such notice, the Secretary shall, through the proper
    officers, refuse such entry, except that such articles shall be
    entitled to entry under bond prescribed by the Secretary in an
    amount determined by the Commission to be sufficient to protect
    the complainant from any injury. If the Commission later
    determines that the respondent has violated the provisions of
    this section, the bond may be forfeited to the complainant.\65\
    ---------------------------------------------------------------------------
        \64\ Sec. 1342(a)(3) of Public Law 100-418 (102 Stat. 1213) amended
    subsec. (e) by inserting ``(1)'' in the first sentence and added new
    paras. (2) and (3).
        \65\ Sec. 321(a)(3)(A) of Public Law 103-463 (108 Stat. 4944)
    struck out ``determined by the Commission and prescribed by the
    Secretary.'' and inserted in lieu thereof ``prescribed by the Secretary
    in an amount determined by the Commission to be sufficient to protect
    the complainant from any injury. If the Commission later determines
    that the respondent has violated the provisions of this section, the
    bond may be forfeited to the complainant.''.
    ---------------------------------------------------------------------------
      (2) \64\ A complainant may petition the Commission for the
    issuance of an order under this subsection. The Commission
    shall make a determination with regard to such petition by no
    later than the 90th day after the date on which the
    Commission's notice of investigation is published in the
    Federal Register. The Commission may extend the 90-day period
    for an additional 60 days in a case it designates as a more
    complicated case. The Commission shall publish in the Federal
    Register its reasons why it designated the case as being more
    complicated. The Commission may require the complainant to post
    a bond \66\ as a prerequisite to the issuance of an order under
    this subsection. If the Commission later determines that the
    respondent has not violated the provisions of this section, the
    bond may be forfeited to the respondent.\67\
    ---------------------------------------------------------------------------
        \66\ Sec. 1342(d) of the Omnibus Trade and Competitiveness Act of
    1988 (Public Law 100-418; 102 Stat. 1216) further provided:
        ``(B) The United States International Trade Commission is not
    required to apply the provision in section 337(e)(2) of the Tariff Act
    of 1930 (as amended by subsection (a)(3) of this section) relating to
    the posting of bonds until the earlier of--
    ---------------------------------------------------------------------------

      ``(i) the 90th day after such date of enactment; or

      ``(ii) the day on which the Commission issues interim regulations setting
    forth the procedures relating to such posting.''.
    ---------------------------------------------------------------------------

        \67\ Sec. 321(a)(3)(B) of Public Law 103-463 (108 Stat. 4944)
    inserted ``If the Commission later determines that the respondent has
    not violated the provisions of this section, the bond may be forfeited
    to the respondent.'' at the end of para. (2).
    ---------------------------------------------------------------------------
      (3) \64\ The Commission may grant preliminary relief under
    this subsection or subsection (f) to the same extent as
    preliminary injunctions and temporary restraining orders may be
    granted under the Federal Rules of Civil Procedure.
        (4) \68\ The Commission shall prescribe the terms and
    conditions under which bonds may be forfeited under paragraphs
    (1) and (2).
    ---------------------------------------------------------------------------
        \68\ Sec. 321(a)(3)(C) of Public Law 103-463 (108 Stat. 4944) added
    para. (4).
    ---------------------------------------------------------------------------
        (f)(1) \69\ Cease and Desist Orders.--In addition to, or in
    lieu of,\70\ taking action under subsection (d) or (e), the
    Commission may issue and cause to be served on any person
    violating this section, or believed to be violating this
    section, as the case may be, an order directing such person to
    cease and desist from engaging in the unfair methods or acts
    involved, unless after considering the effect of such order
    upon the public health and welfare, competitive conditions in
    the United States economy, the production of like or directly
    competitive articles in the United States, and United States
    consumers, it finds that such order should not be issued. The
    Commission may at any time, upon such notice and in such manner
    as it deems proper, modify or revoke any such order, and, in
    the case of a revocation, may take action under subsection (d)
    or (e), as the case may be.\71\ If a temporary cease and desist
    order is issued in addition to, or in lieu of, an exclusion
    order under subsection (e), the Commission may require the
    complainant to post a bond, in an amount determined by the
    Commission to be sufficient to protect the respondent from any
    injury, as a prerequisite to the issuance of an order under
    this subsection. If the Commission later determines that the
    respondent has not violated the provisions of this section, the
    bond may be forfeited to the respondent. The Commission shall
    prescribe the terms and conditions under which the bonds may be
    forfeited under this paragraph.
    ---------------------------------------------------------------------------
        \69\ Sec. 1105(b) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 310) inserted the paragraph designation ``(1)'' and a
    new para. (2).
        \70\ Sec. 1342(a)(4)(A) of Public Law 100-418 (102 Stat. 1213)
    struck out ``In lieu of'' in para. (1) and inserted in lieu thereof
    ``In addition to, or in lieu of,''.
        \71\ Sec. 321(a)(4) of Public Law 103-465 (108 Stat. 4944) added
    text to end of subsec. (f)(1) from this point.
    ---------------------------------------------------------------------------
        (2) \69\ Any person who violates an order issued by the
    Commission under paragraph (1) after it has become final shall
    forfeit and pay to the United States a civil penalty for each
    day on which an importation of articles, or their sale, occurs
    in violation of the order of not more than the greater of
    $100,000 or twice \72\ the domestic value of the articles
    entered or sold on such day in violation of the order. Such
    penalty shall accrue to the United States and may be recovered
    for the United States in a civil action brought by the
    Commission in the Federal District Court for the District of
    Columbia or for the district in which the violation occurs. In
    such actions, the United States district courts may issue
    mandatory injunctions incorporating the relief sought by the
    Commission as they deem appropriate in the enforcement of such
    final orders of the Commission.
    ---------------------------------------------------------------------------
        \72\ Sec. 1342(a)(4)(B) of Public Law 100-418 (102 Stat. 1213)
    struck out ``$10,000 or'' and inserted in lieu thereof ``$100,000 or
    twice''.
    ---------------------------------------------------------------------------
      (g) \73\ (1) If--
    ---------------------------------------------------------------------------
        \73\ Sec. 1342(a)(5)(A) of Public Law 100-418 (102 Stat. 1213)
    redesignated subsecs. (g), (h), (i), and (j) as subsecs. (j), (k), (l),
    and (m), respectively, and inserted a new subsec. (g).
    ---------------------------------------------------------------------------
              (A) a complaint is filed against a person under this
            section;
              (B) the complaint and a notice of investigation are
            served on the person;
              (C) the person fails to respond to the complaint and
            notice or otherwise fails to appear to answer the
            complaint and notice;
              (D) the person fails to show good cause why the
            person should not be found in default; and
              (E) the complainant seeks relief limited solely to
            that person;
    the Commission shall presume the facts alleged in the complaint
    to be true and shall, upon request, issue an exclusion from
    entry or a cease and desist order, or both, limited to that
    person unless, after considering the effect of such exclusion
    or order upon the public health and welfare, competitive
    conditions in the United States economy, the production of like
    or directly competitive articles in the United States, and
    United States consumers, the Commission finds that such
    exclusion or order should not be issued.
      (2) In addition to the authority of the Commission to issue a
    general exclusion from entry of articles when a respondent
    appears to contest an investigation concerning a violation of
    the provisions of the section, a general exclusion from entry
    of articles, regardless of the source or importer of the
    articles, may be issued if--
              (A) no person appears to contest an investigation
            concerning a violation of the provisions of this
            section,\74\
    ---------------------------------------------------------------------------
        \74\ Sec. 321(a)(5)(B) of Public Law 103-465 (108 Stat. 4945)
    struck out ``and'' at the end of para. (A), replaced the period at the
    end of para. (B) with ``, and'', and added a new para. (C).
    ---------------------------------------------------------------------------
              (B) such a violation is established by substantial,
            reliable, and probative evidence, and \74\
              (C) \74\ the requirements of subsection (d)(2) are
            met.
      (h) \73\ The Commission may by rule prescribe sanctions for
    abuse of discovery and abuse of process to the extent
    authorized by Rule 11 and Rule 37 of the Federal Rules of Civil
    Procedure.
      (i) \73\ Forfeiture.--
              (1) In addition to taking action under subsection
            (d), the Commission may issue an order providing that
            any article imported in violation of the provisions of
            this section be seized and forfeited to the United
            States if--
                      (A) the owner, importer, or consignee of the
                    article previously attempted to import the
                    article into the United States;
                      (B) the article was previously denied entry
                    into the United States by reason of an order
                    issued under subsection (d); and
                      (C) upon such previous denial of entry, the
                    Secretary of the Treasury provided the owner,
                    importer, or consignee of the article written
                    notice of--
                              (i) such order, and
                              (ii) the seizure and forfeiture that
                            would result from any further attempt
                            to import the article into the United
                            States.
              (2) The Commission shall notify the Secretary of the
            Treasury of any order issued under this subsection and,
            upon receipt of such notice, the Secretary of the
            Treasury shall enforce such order in accordance with
            the provisions of this section.
              (3) Upon the attempted entry of articles subject to
            an order issued under this subsection, the Secretary of
            the Treasury shall immediately notify all ports of
            entry of the attempted importation and shall identify
            the persons notified under paragraph (1)(C).
              (4) The Secretary of the Treasury shall provide--
                      (A) the written notice described in paragraph
                    (1)(C) to the owner, importer, or consignee of
                    any article that is denied entry into the
                    United States by reason of an order issued
                    under subsection (d); and
                      (B) a copy of such written notice to the
                    Commission.
        (j) \73\ Referrals to the President.--(1) If the Commission
    determines that there is a violation of this section, or that,
    for purposes of subsection (e), there is reason to believe that
    there is such a violation, it shall--
              (A) publish such determination in the Federal
            Register, and
              (B) transmit to the President a copy of such
            determination and the action taken under subsection
            (d), (e), (f), (g), or (i),\75\ with respect thereto,
            together with the record upon which such determination
            is based.
    ---------------------------------------------------------------------------
        \75\ Sec. 1342(b)(3) of Public Law 100-418 (102 Stat. 1215) added
    the reference to subsecs. (g) or (i).
    ---------------------------------------------------------------------------
        (2) If, before the close of the 60-day period beginning on
    the day after the day on which he receives a copy of such
    determination, the President, for policy reasons, disapproves
    such determination and notifies the Commission of his
    disapproval, then, effective on the date of such notice, such
    determination and the action taken under subsection (d), (e),
    (f), (g), or (i),\75\ with respect thereto shall have no force
    or effect.
        (3) Subject to the provisions of paragraph (2), such
    determination shall, except for purposes of subsection (c), be
    effective upon publication thereof in the Federal Register, and
    the action taken under subsection (d), (e), (f) (g), or
    (i),\75\ with respect thereto shall be effective as provided in
    such subsections, except that articles directed to be excluded
    from entry under subsection (d) or subject to a cease and
    desist order under subsection (f) shall, until such
    determination becomes final, be entitled to entry under bond
    prescribed by the Secretary in an amount determined by the
    Commission to be sufficient to protect the complainant from any
    injury. If the determination becomes final, the bond may be
    forfeited to the complainant. The Commission shall prescribe
    the terms and conditions under which bonds may be forfeited
    under this paragraph.\76\
    ---------------------------------------------------------------------------
        \76\ Sec. 321(a)(6) of Public Law 103-465 (108 Stat. 4945) struck
    out ``shall be entitled to entry under bond determined by the
    Commission and prescribed by the Secretary until such determination
    becomes final.'' and inserted in lieu thereof ``shall, until such
    determination becomes final, be entitled to entry under bond prescribed
    by the Secretary in an amount determined by the Commission to be
    sufficient to protect the complainant from any injury. If the
    determination becomes final, the bond may be forfeited to the
    complainant. The Commission shall prescribe the terms and conditions
    under which bonds may be forfeited under this paragraph.''.
    ---------------------------------------------------------------------------
        (4) If the President does not approve such determination
    within such 60-day period, or if he notifies the Commission
    before the close of such period that he approves such
    determination, then, for purposes of paragraph (3) and
    subsection (c) such determination shall become final on the day
    after the close of such period or the day on which the
    President notifies the Commission of his approval, as the case
    may be.
        (k) \73\ Period of Effectiveness.--(1) \77\ Except as
    provided in subsections (f) and (j),\77\ any exclusion from
    entry or order under this section shall continue in effect
    until the Commission finds, and in the case of exclusion from
    entry, notifies the Secretary of the Treasury, that the
    conditions which led to such exclusion from entry or order no
    longer exists.
    ---------------------------------------------------------------------------
        \77\ Sec. 1342(a)(6) of Public Law 100-418 (102 Stat. 1214)
    inserted ``(1)'' before the first sentence and added new para. (2).
    Sec. 1341(b)(4) of that Act added the reference to subsec. (j).
    ---------------------------------------------------------------------------
      (2) \77\ If any person who has previously been found by the
    Commission to be in violation of this section petitions the
    Commission for a determination that the petitioner is no longer
    in violation of this section or for a modification or
    rescission of an exclusion from entry or order under subsection
    (d), (e), (f), (g), or (i)--
              (A) the burden of proof in any proceeding before the
            Commission regarding such petition shall be on the
            petitioner; and
              (B) relief may be granted by the Commission with
            respect to such petition--
                      (i) on the basis of new evidence or evidence
                    that could not have been presented at the prior
                    proceeding, or
                      (ii) on grounds which would permit relief
                    from a judgment or order under the Federal
                    Rules of Civil Procedure.
        (l) \73\ Importation by or for the United States.--Any
    exclusion from entry or order under subsection (d), (e), (f),
    (g), or (i) \78\ in cases based on a proceeding involving a
    patent, copyright, mask work, or design under subsection
    (a)(1),\79\ shall not apply to any articles imported by and for
    the use of the United States, or imported for, and to be used
    for, the United States with the authorization or consent of the
    Government. Whenever any article would have been excluded from
    entry or would not have been entered pursuant to the provisions
    of such subsections but for the operation of this subsection,
    an owner of the patent, copyright, mask work, or design \79\
    adversely affected shall be entitled to reasonable and entire
    compensation in an action before the United States Court of
    Federal Claims \80\ pursuant to the procedures of section 1498
    of title 28, United States Code.
    ---------------------------------------------------------------------------
        \78\ Sec. 1342(b)(5) of Public Law 100-418 (102 Stat. 1215) struck
    out ``or (f)'' and inserted in lieu thereof ``(f), (g), or (i)''.
        \79\ Sec. 1342(a)(7) of Public Law 100-418 (102 Stat. 1215) struck
    out ``claims of United States letters patent'' in the first sentence
    and inserted in lieu thereof ``a proceeding involving a patent,
    copyright, or mask work under subsection (a)(1)''. Sec. 1342(b)(2) of
    the Act struck out ``a patent owner'' in the second sentence and
    inserted in lieu thereof ``an owner of the patent, copyright, or mask
    work''. Sec. 5005(b)(2) of Public Law 106-113 (113 Stat. 1501A-594)
    further amended subsec. (l) by striking ``or mask work'' each place it
    appeared and inserting in lieu thereof ``mask work, or design''.
        \80\ Sec. 160(a)(5) of the Federal Courts Improvement Act (Public
    Law 97-164; 96 Stat. 49) struck out a reference to the Court of Claims
    and inserted in lieu thereof a reference to the United States Claims
    Court. Sec. 902(b) of the Federal Courts Administration Act of 1992
    (Public Law 102-572; 106 Stat. 4516) subsequently provided that any
    reference in Federal law to the ``United States Claims Court'' shall be
    deemed to refer to the ``United States Court of Federal Claims''. Sec.
    321(a)(8) of Public Law 103-465 (108 Stat. 4945) struck out ``Claims
    Court'' and inserted in lieu thereof ``Court of Federal Claims''.
    ---------------------------------------------------------------------------
        (m) \73\ Definition of United States.--For purposes of this
    section and sections 338 and 340, the term ``United States''
    means the customs territory of the United States as defined in
    general headnote 2 of the Tariff Schedules of the United
    States.
      (n) \81\ (1) Information submitted to the Commission or
    exchanged among the parties in connection with proceedings
    under this section which is properly designated as confidential
    pursuant to Commission rules may not be disclosed (except under
    a protective order issued under regulations of the Commission
    which authorizes limited disclosure of such information) to any
    person (other than a person described in paragraph (2)) without
    the consent of the person submitting it.
    ---------------------------------------------------------------------------
        \81\ Sec. 1342(a)(8) of Public Law 100-418 (102 Stat. 1215) added
    subsec. (n).
    ---------------------------------------------------------------------------
      (2) Notwithstanding the prohibition contained in paragraph
    (1), information referred to in that paragraph may be disclosed
    to--
              (A) \82\ an officer or employee of the Commission who
            is directly concerned with--
    ---------------------------------------------------------------------------
        \82\ Sec. 321(a)(7)(A) of Public Law 103-465 (108 Stat. 4945)
    amended and restated subpara. (A).
    ---------------------------------------------------------------------------
                      (i) carrying out the investigation or related
                    proceeding in connection with which the
                    information is submitted,
                      (ii) the administration of a bond posted
                    pursuant to subsection (e), (f), or (j),
                      (iii) the administration or enforcement of an
                    exclusion order issued pursuant to subsection
                    (d), (e), or (g), a cease and desist order
                    issued pursuant to subsection (f), or a consent
                    order issued pursuant to subsection (c),
                      (iv) proceedings for the modification or
                    rescission of a temporary or permanent order
                    issued under subsection (d), (e), (f), (g), or
                    (i), or a consent order issued under this
                    section, or
                      (v) maintaining the administrative record of
                    the investigation or related proceeding,
              (B) an officer or employee of the United States
            Government who is directly involved in the review under
            subsection (j),\83\ or
    ---------------------------------------------------------------------------
        \83\ Sec. 9001(a)(12) of the Technical and Miscellaneous Revenue
    Act of 1988 (Public Law 100-647; 102 Stat. 3342) struck out ``(h)'' and
    inserted in lieu thereof ``(j)''.
    ---------------------------------------------------------------------------
              (C) \84\ an officer or employee of the United States
            Customs Service who is directly involved in
            administering an exclusion from entry under subsection
            (d), (e), or (g) resulting from the investigation or
            related proceeding in connection with which the
            information is submitted.
    ---------------------------------------------------------------------------
        \84\ Sec. 321(a)(7)(B) of Public Law 103-465 (108 Stat. 4945)
    amended and restated subpara. (C).
    ---------------------------------------------------------------------------

    SEC. 338.\85\ DISCRIMINATION BY FOREIGN COUNTRIES.

        (a) Additional Duties.--The President when he finds that
    the public interest will be served thereby shall by
    proclamation specify and declare new or additional duties as
    hereinafter provided upon articles wholly or in part the growth
    or product of, or imported in a vessel of, any foreign country
    whenever he shall find as a fact that such country--
    ---------------------------------------------------------------------------
        \85\ 19 U.S.C. 1338.
    ---------------------------------------------------------------------------
              (1) Imposes, directly or indirectly, upon the
            disposition in or transportation in transit through or
            reexportation from such country of any article wholly
            or in part the growth or product of the United States
            any unreasonable charge, exaction, regulation, or
            limitation which is not equally enforced upon the like
            article of every foreign country; or
              (2) Discriminates in fact against the commerce of the
            United States, directly or indirectly, by law or
            administrative regulation or practice, by or in respect
            to any customs, tonnage, or port duty, fee, charge,
            exaction, classification, regulation, condition,
            restriction, or prohibition, in such manner as to place
            the commerce of the United States at a disadvantage
            compared with the commerce of any foreign country.
        (b) Exclusion From Importation.--If at any time the
    President shall find it to be a fact that any foreign country
    has not only discriminated against the commerce of the United
    States, as aforesaid, but has, after the issuance of a
    proclamation as authorized subdivision (a) of this section,
    maintained or increased its said discriminations against the
    commerce of the United States, the President is hereby
    authorized, if he deems it consistent with the interests of the
    United States, to issue a further proclamation directing that
    such products of said country or such articles imported in its
    vessels as he shall deem consistent with the public interests
    shall be excluded from importation into the United States.
        (c) Application of Proclamation.--Any proclamation issued
    by the President under the authority of this section shall, if
    he deems it consistent with the interests of the United States,
    extend to the whole of any foreign country or may be confined
    to any subdivision or subdivisions thereof; and the President
    shall, whenever he deems the public interests require, suspend,
    revoke, supplement, or amend any such proclamation.
        (d) Duties To Offset Commercial Disadvantages.--Whenever
    the President shall find as a fact that any foreign country
    places any burden or disadvantage upon the commerce of the
    United States by any of the unequal impositions or
    discriminations aforesaid, he shall, when he finds that the
    public interest will be served thereby, by proclamation specify
    and declare such new or additional rate or rates of duty as he
    shall determine will offset such burden or disadvantage, not to
    exceed 50 per centum ad valorem or its equivalent, on any
    products, or on articles imported in a vessel of, such foreign
    country; and thirty days after the date of such proclamation
    there shall be levied, collected, and paid upon the articles
    enumerated in such proclamation when imported into the United
    States from such foreign country such new or additional rate or
    rates of duty; or, in case of articles declared subject to
    exclusion from importation into the United States under the
    provisions of subdivision (b) of this section, such articles
    shall be excluded from importation.
        (e) Duties To Offset Benefits to Third Country.--Whenever
    the President shall find as a fact that any foreign country
    imposes any unequal imposition or discrimination as aforesaid
    upon the commerce of the United States, or that any benefits
    accrue or are likely to accrue to any industry in any foreign
    country by reason of any such imposition or discrimination
    imposed by any foreign country other than the foreign country
    in which such industry is located, and whenever the President
    shall determine that any new or additional rate or rates of
    duty or any prohibition hereinbefore provided for do not
    effectively remove such imposition or discrimination and that
    any benefits from any such imposition or discrimination accrue
    or are likely to accrue to any industry in any foreign country,
    he shall, when he finds that the public interest will be served
    thereby, by proclamation specify and declare such new or
    additional rate of rates of duty upon the articles wholly or in
    part the growth or product of any such industry as he shall
    determine will offset such benefits, not to exceed 50 per
    centum ad valorem or its equivalent, upon importation from any
    foreign country into the United States of such articles; and on
    and after thirty days after the date of any such proclamation
    such new or additional rate or rates of duty so specified and
    declared in such proclamation shall be levied, collected, and
    paid upon such articles.
        (f) Forfeiture of Articles.--All articles imported contrary
    to the provisions of this section shall be forfeited to the
    United States and shall be liable to be seized, prosecuted, and
    condemned in like manner and under the same regulations,
    restrictions, and provisions as may from time to time be
    established for the recover, collection, distribution, and
    remission of forfeitures to the United States by the several
    revenue laws. Whenever the provisions of this Act shall be
    applicable to importations into the United States of articles
    wholly or in part the growth or product of any foreign country,
    they shall be applicable thereto whether such articles are
    imported directly or indirectly.
        (g) Ascertainment by Commission of Discriminations.--It
    shall be the duty of the commission to ascertain and at all
    times to be informed whether any of the discriminations against
    the commerce of the United States enumerated in subdivisions
    (a), (b), and (e) of this section are practiced by any country;
    and if and when such discriminatory acts are disclosed, it
    shall be the duty of the commission to bring the matter to the
    attention of the President, together with recommendations.
        (h) Rules and Regulations of Secretary of Treasury.--The
    Secretary of the Treasury with the approval of the President
    shall make such rules and regulations as are necessary for the
    execution of such proclamations as the President may issue in
    accordance with the provisions of this section.
        (i) Definition.--When used in this section, the term
    ``foreign country'' means any empire, country, dominion, colony
    or protectorate, or any subdivision or subdivisions thereof
    (other than the United States and its possessions), within
    which separate tariff rates or separate regulations of commerce
    are enforced.
              * * * * * * *

    SEC. 339.\86\ TRADE REMEDY ASSISTANCE OFFICE.

        (a) There is established in the Commission a separate
    office to be known as the Trade \87\ Remedy Assistance Office
    which shall provide full information to the public, upon
    request and shall, to the extent feasible, provide assistance
    and advice to interested parties concerning--
    ---------------------------------------------------------------------------
        \86\ 19 U.S.C. 1339. Sec. 221 of Public Law 98-573 (98 Stat. 2989)
    added sec. 339.
        \87\ Sec. 1614(1) of Public Law 100-418 (102 Stat. 1263) inserted
    ``a separate office to be known as the Trade'', struck out ``upon
    request, concerning--'', and inserted in lieu thereof ``upon request
    and shall, to the extent feasible, provide assistance and advice to
    interested parties concerning--''.
    ---------------------------------------------------------------------------
              (1) remedies and benefits available under the trade
            laws, and
              (2) the petition and application procedures, and the
            appropriate filing dates, with respect to such remedies
            and benefits.
      (b) \88\ The Trade Remedy Assistance Office, in coordination
    with each agency responsible for administering a trade law,
    shall provide technical and legal assistance and advice to
    eligible small businesses to enable them--
    ---------------------------------------------------------------------------
        \88\ Sec. 1614(2) of Public Law 100-418 (102 Stat. 1263) amended
    and restated subsec. (b).
    ---------------------------------------------------------------------------
              (1) to prepare and file petitions and applications
            (other than those which, in the opinion of the Office,
            are frivolous); and
              (2) to seek to obtain the remedies and benefits
            available under the trade laws, including any
            administrative review or administrative appeal
            thereunder.
        (c) For purposes of this section--
              (1) The term ``eligible small business'' means any
            business concern which, in the agency's judgment, due
            to its small size, has neither adequate internal
            resources nor financial ability to obtain qualified
            outside assistance in preparing and filing petitions
            and applications for remedies and benefits under trade
            laws. In determining whether a business concern is an
            ``eligible small business'', the agency may consult
            with the Small Business Administration, and shall
            consult with any other agency that has provided
            assistance under subsection (b) to that business
            concern. An agency decision regarding whether a
            business concern is an eligible small business for
            purposes of this section is not reviewable by any other
            agency or by any court.
              (2) The term ``trade laws'' means--
                      (A) chapter 1 of title II of the Trade Act of
                    1974 (19 U.S.C. 2251 et seq., relating to
                    injury \89\ caused by import competition);
    ---------------------------------------------------------------------------
        \89\ Sec. 1888 of Public Law 99-514 (100 Stat. 2924) struck out
    ``relief'' and inserted in lieu thereof ``injury''.
    ---------------------------------------------------------------------------
                      (B) chapters 2 and 3 of such title II
                    (relating to adjustment assistance for workers
                    and firms);
                      (C) chapter 1 of title III of the Trade Act
                    of 1974 (19 U.S.C. 2411 et seq., relating to
                    relief from foreign import restrictions and
                    export subsidies);
                      (D) title VII of the Tariff Act of 1930 (19
                    U.S.C. 1671 et seq., relating to the imposition
                    of countervailing duties and antidumping
                    duties);
                      (E) section 232 of the Trade Expansion Act of
                    1962 (19 U.S.C. 1862, relating to the
                    safeguarding of national security); and
                      (F) section 337 of the Tariff Act of 1930 (19
                    U.S.C. 1337, relating to unfair practices in
                    import trade.
              * * * * * * *

                      Part III--Promotion of Foreign Trade

    SEC. 350.\90\ FOREIGN TRADE AGREEMENTS.

        (a) Authority of President; Modification and Decrease of
    Duties; Altering Import Restrictions.--(1) For the purpose of
    expanding foreign markets for the products of the United States
    (as a means of assisting in establishing and maintaining a
    better relationship among various branches of American
    agriculture, industry, mining, and commerce) by regulating the
    admission of foreign goods into the United States in accordance
    with the characteristics and needs of various branches of
    American production so that foreign markets will be made
    available to those branches of American production which
    require and are capable of developing such outlets by affording
    corresponding market opportunities for foreign products in the
    United States, the President, whenever he finds as a fact that
    any existing duties or other import restrictions of the United
    States or any foreign country are unduly burdening and
    restricting the foreign trade of the United States and that the
    purpose above declared will be promoted by the means
    hereinafter specified, is authorized from time to time--
    ---------------------------------------------------------------------------
        \90\ 19 U.S.C. 1351. Sec. 1, 48 Stat. 943, added sec. 350. It has
    been amended at 57 Stat. 125, 59 Stat. 410, 63 Stat. 698, 69 Stat. 162,
    72 Stat. 673, 76 Stat. 881, and 93 Stat. 202.
    ---------------------------------------------------------------------------
              (A) To enter into foreign trade agreements with
            foreign governments or instrumentalities thereof:
            Provided, That the enactment of the Trade Agreements
            Extension Act of 1955 shall not be construed to
            determine or indicate the approval or disapproval by
            the Congress of the executive agreement known as the
            General Agreement on Tariffs and Trade.
              (B) To proclaim such modifications of existing duties
            and other import restrictions, or such additional
            import restrictions, or such continuance, and for such
            minimum periods, of existing customs or excise
            treatment of any article covered by foreign trade
            agreements, as are required or appropriate to carry out
            any foreign trade agreement that the President has
            entered into hereunder.
        (2) No proclamation pursuant to paragraph (1)(B) of this
    subsection shall be made--
              (A) Increasing by more than 50 per centum any rate of
            duty existing on July 1, 1934; except that a specific
            rate of duty existing on July 1, 1934, may be converted
            to its ad valorem equivalent based on the value of
            imports of the article concerned during the calendar
            year 1934 (determined in the same manner as provided in
            subparagraph (D)(ii)) and the proclamation may provide
            an ad valorem rate of duty not in excess of 50 per
            centum above such ad valorem equivalent.
              (B) Transferring any article between the dutiable and
            free lists.
              (C) In order to carry out a foreign trade agreement
            entered into by the President before June 12, 1955, or
            with respect to which notice of intention to negotiate
            was published in the Federal Register on November 16,
            1954, decreasing by more than 50 per centum any rate of
            duty existing on January 1, 1945.
              (D) In order to carry out a foreign trade agreement
            entered into by the President on or after June 12,
            1955, and before July 1, 1958, decreasing (except as
            provided in subparagraph (C) of this paragraph) any
            rate of duty below the lowest of the following rates:
                      (i) The rate 15 per centum below the rate
                    existing on January 1, 1955.
                      (ii) In the case of any article subject to an
                    ad valorem rate of duty above 50 per centum (or
                    a combination of ad valorem rates aggregating
                    more than 50 per centum), the rate 50 per
                    centum ad valorem (or a combination of ad
                    valorem rates aggregating 50 per centum). In
                    the case of any article subject to a specific
                    rate of duty (or a combination of rates
                    including a specific rate) the ad valorem
                    equivalent of which has been determined by the
                    President to have been above 50 per centum
                    during a period determined by the President to
                    be a representative period, the rate 50 per
                    centum ad valorem or the rate (or a combination
                    of rates), however stated, the ad valorem
                    equivalent of which the President determines
                    would have been 50 per centum during such
                    period. The standards of valuation contained in
                    section 402 of this Act (as in effect, with
                    respect to the article concerned, during the
                    representative period) shall be utilized by the
                    President, to the maximum extent he finds such
                    utilization practicable, in making the
                    determinations under the preceding sentence.
              (E) In order to carry out a foreign trade agreement
            entered into by the President on or after July 1, 1958,
            decreasing any rate of duty below the lowest of the
            rates provided for in paragraph (4)(A) of this
            subsection.
        (3)(A) Subject to the provisions of subparagraphs (B) and
    (C) of this paragraph and of subparagraph (B) of paragraph (4)
    of this subsection, the provisions of any proclamation made
    under paragraph (1)(B) of this subsection, and the provisions
    of any proclamation of suspension under paragraph (5) of this
    subsection, shall be in effect from and after such time as is
    specified in the proclamation.
        (B) In the case of any decrease in duty to which paragraph
    (2)(D) of this subsection applies--
              (i) if the total amount of the decrease under the
            foreign trade agreement does not exceed 15 per centum
            of the rate existing on January 1, 1955, the amount of
            decrease becoming initially effective at one time shall
            not exceed 5 per centum of the rate existing on January
            1, 1955;
              (ii) except as provided in clause (i), not more than
            one-third of the total amount of the decrease under the
            foreign trade agreement shall become initially
            effective at one time; and
              (iii) no part of the decrease after the first part
            shall become initially effective until the immediately
            previous part shall have been in effect for a period or
            periods aggregating not less than one year.
        (C) No part of any decrease in duty to which the
    alternative specified in paragraph (2)(D)(i) of this subsection
    applies shall become initially effective after the expiration
    of the three-year period which begins on July 1, 1955. If any
    part of such decrease has become effective, then for purposes
    of this subparagraph any time thereafter during which such part
    of the decrease is not in effect by reason of legislation of
    the United States or action thereunder shall be excluded in
    determining when the three-year period expires.
        (D) If (in order to carry out a foreign trade agreement
    entered into by the President on or after June 12, 1955) the
    President determines that such action will simplify the
    computation of the amount of duty imposed with respect to an
    article, he may exceed any limitation specified in paragraph
    (2) (C) or (D) or paragraph (4) (A) or (B) of this subsection
    or subparagraph (B) of this paragraph by not more than
    whichever of the following is lesser:
              (i) The difference between the limitation and the
            next lower whole number, or
              (ii) One-half of 1 per centum ad valorem.
    In the case of a specific rate (or of a combination of rates
    which includes a specific rate), the one-half of 1 per centum
    specified in clause (ii) of the preceding sentence shall be
    determined in the same manner as the ad valorem equivalent of
    rates not stated wholly in ad valorem terms is determined for
    the purposes of paragraph (2)(D)(ii) of this subsection.
        (4)(A) No proclamation pursuant to paragraph (1)(B) of this
    subsection shall be made, in order to carry out a foreign trade
    agreement entered into by the President on or after July 1,
    1958, decreasing any rate of duty below the lowest of the
    following rates:
              (i) The rate which would result from decreasing the
            rate existing on July 1, 1958, by 20 per centum of such
            rate.
              (ii) Subject to paragraph (2)(B) of this subsection,
            the rate 2 per centum ad valorem below the rate
            existing on July 1, 1958.
              (iii) The rate 50 per centum ad valorem or, in the
            case of any article subject to a specific rate of duty
            or to a combination of rates including a specific rate,
            any rate (or combination of rates), however stated, the
            ad valorem equivalent of which has been determined as
            50 per centum ad valorem.
    The provisions of clauses (ii) and (iii) of this subparagraph
    and of subparagraph (B)(ii) of this paragraph shall, in the
    case of any article, subject to a combination of ad valorem
    rates of duty, apply to the aggregate of such rates; and, in
    the case of any article, subject to a specific rate of duty or
    to a combination of rates including a specific rate, such
    provisions shall apply on the basis of the ad valorem
    equivalent of such rate or rates, during a representative
    period (whether or not such period includes July 1, 1958),
    determined in the same manner as the ad valorem equivalent of
    rates not stated wholly in ad valorem terms is determined for
    the purpose of paragraph (2)(D)(ii) of this subsection.
        (B)(i) In the case of any decrease in duty to which clause
    (i) of subparagraph (A) of this paragraph applies, such
    decrease shall become initially effective in not more than four
    annual stages, and no amount of decrease becoming initially
    effective at one time shall exceed 10 per centum of the rate of
    duty existing on July 1, 1958, or, in any case in which the
    rate has been increased since that date, exceed such 10 per
    centum or one-third of the total amount of the decrease under
    the foreign trade agreement, whichever is the greater.
        (ii) In the case of any decrease in duty to which clause
    (ii) of subparagraph (A) of this paragraph applies, such
    decrease shall become initially effective in not more than four
    annual stages, and no amount of decrease becoming initially
    effective at one time shall exceed 1 per centum ad valorem or,
    in any case in which the rate has been increased since July 1,
    1958, exceed such 1 per centum or one-third of the total amount
    of the decrease under the foreign trade agreement, whichever is
    the greater.
        (iii) In the case of any decrease in duty to which clause
    (iii) of subparagraph (A) of this paragraph applies, such
    decrease shall become initially effective in not more than four
    annual stages, and no amount of decrease becoming initially
    effective at one time shall exceed one-third of the total
    amount of the decrease under the foreign trade agreement.
        (C) In the case of any decrease in duty to which
    subparagraph (A) of this paragraph applies (i) no part of a
    decrease after the first part shall become initially effective
    until the immediately previous part shall have been in effect
    for a period or periods aggregating not less than one year, nor
    after the first part shall have been in effect for a period or
    periods aggregating more than three years, and (ii) no part of
    a decrease shall become initially effective after the
    expiration of the four-year period which begins on July 1,
    1962. If any part of a decrease has become effective, then for
    the purposes of clauses (i) and (ii) of the preceding sentence
    any time thereafter during which such part of the decrease is
    not in effect by reason of legislation of the United States or
    action thereunder shall be excluded in determining when the
    three-year period or the four-year period, as the case may be,
    expires.
        (5) \91\ * * * [Repealed--1962]
    ---------------------------------------------------------------------------
        \91\ Sec. 257(b) of Public Law 87-794 (76 Stat. 882) repealed para.
    (5).
    ---------------------------------------------------------------------------
        (6) The President may at any time terminate, in whole or in
    part, any proclamation made pursuant to this section.
        (b) \92\ Cuba; Preferential Customs Treatment: Decrease of
    Rates.--Nothing in this section or the Trade Expansion Act of
    1962 shall be construed to prevent the application, with
    respect to rates of duty established under this section or the
    Trade Expansion Act of 1962 pursuant to agreements with
    countries other than Cuba, of the provisions of the treaty of
    commercial reciprocity concluded between the United States and
    the Republic of Cuba on December 11, 1902, or to preclude
    giving effect to an agreement with Cuba concluded under this
    section, or the Trade Expansion Act of 1962, modifying the
    existing preferential customs treatment of any article the
    growth, produce, or manufacture of Cuba. Nothing in this
    chapter or the Trade Expansion Act of 1962 shall be construed
    to preclude the application to any product of Cuba (including
    products preferentially free of duty) of a rate of not higher
    than the rate applicable to the like products of other foreign
    countries (except the Philippines), whether or not the
    application of such rate involves any preferential customs
    treatment. No rate of duty on products of Cuba shall be
    decreased--
    ---------------------------------------------------------------------------
        \92\ See also Tariff Treatment of Cuban Products (Public Law 87-
    456; 76 Stat. 78).
    ---------------------------------------------------------------------------
              (1) In order to carry out a foreign trade agreement
            entered into by the President before June 12, 1955, by
            more than 50 per centum of the rate of duty existing on
            January 1, 1945, with respect to products of Cuba.
              (2) In order to carry out a foreign trade agreement
            entered into by the President on or after June 12,
            1955, and before July 1, 1962, below the applicable
            alternative specified in subsection (a)(2) (C) or (D)
            or (4)(A) of this section (subject to the applicable
            provisions of subsection (a)(3) (B), (C), and (D) and
            (4) (B) and (C) of this section), each such alternative
            to be read for the purposes of this paragraph as
            relating to the rate of duty applicable to products of
            Cuba. With respect to products of Cuba, the limitation
            of subsection (a)(2)(D)(ii) or (4)(A)(iii) of this
            section may be exceeded to such extent as may be
            required to maintain an absolute margin of preference
            to which such products are entitled.
              (3) In order to carry out a foreign trade agreement
            entered into after June 30, 1962, and before July 1,
            1967, below the lowest rate permissible by applying
            title II of the Trade Expansion Act of 1962 to the rate
            of duty (however established, and even though
            temporarily suspended by Act of Congress or otherwise)
            existing on July 1, 1962, with respect to such product.
        (c) Definitions.--(1) As used in this section, the term
    ``duties and other import restrictions'' includes (A) rate and
    form of import duties and classification of articles, and (B)
    limitations, prohibitions, charges, and exactions other than
    duties, imposed on importation or imposed for the regulation of
    imports.
        (2) For purposes of this section--
              (A) Except as provided in subsection (d) of this
            section, the terms ``existing on July 1, 1934'',
            ``existing on January 1, 1945'', ``existing on January
            1, 1955'', and ``existing on July 1, 1958'' refer to
            rates of duty (however established, and even though
            temporarily suspended by Act of Congress or otherwise)
            existing on the date specified, except rates in effect
            by reason of action taken pursuant to section 1362 of
            this title.
              (B) The term ``existing'' without the specification
            of any date, when used with respect to any matter
            relating to the conclusion of, or proclamation to carry
            out, a foreign trade agreement, means existing on the
            day on which that trade agreement is entered into.
        (d) Rate Basis for Additional Increases or Decreases;
    Restoration of Terminated Treaties Forbidden.--(1) When any
    rate of duty has been increased or decreased for the duration
    of war or an emergency, by agreement or otherwise, any further
    increase or decrease shall be computed upon the basis of the
    post-war or post-emergency rate carried in such agreement or
    otherwise.
        (2) Where under a foreign trade agreement the United States
    has reserved the unqualified right to withdraw or modify, after
    the termination of war or an emergency, a rate on a specific
    commodity, the rate on such commodity to be considered as
    ``existing on January 1, 1945'' for the purpose of this section
    shall be the rate which would have existed if the agreement had
    not been entered into.
        (3) No proclamation shall be made pursuant to this section
    for the purpose of carrying out any foreign trade agreement the
    proclamation with respect to which has been terminated in whole
    by the President prior to July 5, 1945.
        (e) \93\ * * * [Repealed--1962]
    ---------------------------------------------------------------------------
        \93\ Sec. 257(b) of Public Law 87-794 (76 Stat. 882) repealed
    subsec. (e).
    ---------------------------------------------------------------------------
        (f) Information and Advice From Industry, Agriculture, and
    Labor.--It is declared to be the sense of the Congress that the
    President, during the course of negotiating any foreign trade
    agreement under this section, should seek information and
    advice with respect to such agreement from representatives of
    industry, agriculture, and labor.
              * * * * * * *

                      TITLE IV--ADMINISTRATIVE PROVISIONS

              * * * * * * *

          Part III--Ascertainment, Collection, and Recovery of Duties

              * * * * * * *

    SEC. 516A.\94\ JUDICIAL REVIEW IN COUNTERVAILING DUTY AND ANTI-DUMPING
                        DUTY PROCEEDINGS.

        (a) Review of Determination.--
    ---------------------------------------------------------------------------
        \94\ 19 U.S.C. 1516a. Sec. 1001 of the Trade Agreements Act of 1979
    (Public Law 96-39; 93 Stat. 300) inserted sec. 516A.
    ---------------------------------------------------------------------------
              (1) \95\ Review of certain determinations.--Within 30
            days after the date of publication in the Federal
            Register of--
    ---------------------------------------------------------------------------
        \95\ Sec. 623(a)(1) of Public Law 98-573 (98 Stat. 3040) amended
    and restated para. (1). Previously, para. (1) had been amended and
    restated by sec. 608(a) of Public Law 96-417 (94 Stat. 1745). Sec.
    626(b)(2) of Public Law 98-573 further provided that this amendment
    should apply with respect to civil actions pending on, or filed on or
    after, the date of enactment of this Act (October 30, 1984).
    ---------------------------------------------------------------------------
                      (A) a determination by the administering
                    authority, under section 702(c) or 732(c) of
                    this Act, not to initiate an investigation,
                      (B) a determination by the Commission, under
                    section 751(b) of this Act, not to review a
                    determination based upon changed
                    circumstances,\96\
    ---------------------------------------------------------------------------
        \96\ Sec. 220(b)(1) of Public Law 103-465 (108 Stat. 4864) struck
    out ``or'' at the end of subpara. (B), added ``or'' at the end of
    subpara. (C), and added a new subpara. (D).
    ---------------------------------------------------------------------------
                      (C) a negative determination by the
                    Commission, under section 703(a) or 733(a) of
                    this Act, as to whether there is reasonable
                    indication of material injury, threat of
                    material injury, or material retardation, or
                    \96\
                      (D) \96\ a final determination by the
                    administering authority or the Commission under
                    section 751(c)(3),
            an interested party who is a party to the proceeding in
            connection with which the matter arises may commence an
            action in the United States Court of International
            Trade by filing concurrently a summons and complaint,
            each with the content and in the form, manner, and
            style prescribed by the rules of that Court, contesting
            any factual findings or legal conclusions upon which
            the determination is based.
              (2) Review of determination on record.--
                      (A) In general.--Within thirty days after--
                    \97\
    ---------------------------------------------------------------------------
        \97\ Sec. 623(a)(2) of Public Law 98-573 (98 Stat. 3040) amended
    subpara. (A) by deleting the words ``the date of publication in the
    Federal Register of'' in the first sentence, and by amending and
    restating clauses (i) and (ii). This amendment essentially consolidated
    the previous text of clauses (i) and (ii) into a new clause (i) and
    added a new clause (ii). Sec. 626(b)(2) of Public Law 98-573 further
    stated that this amendment applied with respect to civil actions
    pending on, or filed on or after, the date of enactment of this Act
    (October 30, 1984).
    ---------------------------------------------------------------------------
                              (i) \97\ the date of publication in
                            the Federal Register of--
                                      (I) notice of any
                                    determination described in
                                    clause (ii), (iii), (iv), (v),
                                    or (viii) \98\ of subparagraph
                                    (B),\99\
    ---------------------------------------------------------------------------
        \98\ Sec. 271(b)(1) of Public Law 103-465 (108 Stat. 4921) struck
    out ``or (v)'' and inserted in lieu thereof ``(v), or (viii)''.
        \99\ Sec. 129(e)(1)(A) of Public Law 103-465 (108 Stat. 4838)
    struck out ``(B), or'' and inserted in lieu thereof ``(B)'' at the end
    of subclause (I), and added subclause (III). Sec. 20(a)(1) of Public
    Law 104-295 (110 Stat. 3526) inserted a comma after ``subparagraph
    (B)''.
    ---------------------------------------------------------------------------
                                      (II) an antidumping or
                                    countervailing duty order based
                                    upon any determination
                                    described in clause (i) of
                                    subparagraph (B), or
                                      (III) \99\ notice of the
                                    implementation of any
                                    determination described in
                                    clause (vii) of subparagraph
                                    (B), or
                              (ii) the date of mailing of a
                            determination described in clause (vi)
                            of subparagraph (B),
                    an interested party who is a party to the
                    proceeding in connection with which the matter
                    arises may commence an action in the United
                    States Court of International Trade \100\ by
                    filing a summons, and within thirty days
                    thereafter a complaint, each with the content
                    and in the form, manner, and style prescribed
                    by the rules of that court, contesting any
                    factual findings or legal conclusions upon
                    which the determination is based.
    ---------------------------------------------------------------------------
        \100\ Sec. 601(7) of Public Law 96-417 (94 Stat. 1744) struck out a
    reference to the Customs Court and inserted in lieu thereof a reference
    to the Court of International Trade.
    ---------------------------------------------------------------------------
                      (B) \101\ Reviewable determinations.--The
                    determinations which may be contested under
                    subparagraph (A) as follows:
    ---------------------------------------------------------------------------
        \101\ Sec. 623(a)(3) of Public Law 98-573 (98 Stat. 3040) amended
    and restated subpara. (B). Sec. 626(b)(2) of Public Law 98-573 further
    provided that this amendment shall apply with respect to civil actions
    pending on, or filed on or after, the date of enactment of this Act
    (October 30, 1984).
    ---------------------------------------------------------------------------
                              (i) Final affirmative determinations
                            by the administering authority and by
                            the Commission under section 705 or 735
                            of this Act, including any negative
                            part of such a determination (other
                            than a part referred to in clause
                            (ii)).
                              (ii) A final negative determination
                            by the administering authority or the
                            Commission under section 705 or 735 of
                            this Act, including, at the option of
                            the appellant, any part of a final
                            affirmative determination which
                            specifically excludes any company or
                            product.
                              (iii) A final determination, other
                            than a determination reviewable under
                            paragraph (1), by the administering
                            authority or the Commission under
                            section 751 of this Act.
                              (iv) A determination by the
                            administering authority, under section
                            704 or 734 of this Act, to suspend an
                            antidumping duty or a countervailing
                            duty investigation, including any final
                            determination resulting from a
                            continued investigation which changes
                            the size of the dumping margin or net
                            countervailable subsidy \102\
                            calculated, or the reasoning underlying
                            such calculations, at the time the
                            suspension agreement was concluded.
    ---------------------------------------------------------------------------
        \102\ Sec. 270(a)(1)(N) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
    ---------------------------------------------------------------------------
                              (v) An injurious effect determination
                            by the Commission under section 704(h)
                            or 734(h) of this Act.
                              (vi) A determination by the
                            administering authority as to whether a
                            particular type of merchandise is
                            within the class or kind of merchandise
                            described in an existing finding of
                            dumping or antidumping or
                            countervailing duty order.
                              (vii) \103\ A determination by the
                            administering authority or the
                            Commission under section 129 of the
                            Uruguay Round Agreements Act concerning
                            a determination under title VII of the
                            Tariff Act of 1930.
    ---------------------------------------------------------------------------
        \103\ Sec. 129(e)(1)(B) of Public Law 103-465 (108 Stat. 4838)
    added clause (vii).
    ---------------------------------------------------------------------------
                              (viii) \104\ A determination by the
                            Commission under section 753(a)(1).
    ---------------------------------------------------------------------------
        \104\ Sec. 271(b)(2) of Public Law 103-465 (108 Stat. 4921) added
    clause (viii).
    ---------------------------------------------------------------------------
              (3) \105\ Exception.--Notwithstanding the limitation
            imposed by paragraph (2)(A)(i)(II) \106\ of this
            subsection, a final affirmative determination by the
            administering authority under section 705 or 735 of
            this Act may be contested by commencing an action, in
            accordance with the provisions of paragraph (2)(A),
            within thirty days after the date of publication in the
            Federal Register of a final negative determination by
            the Commission under section 705 or 735 of this Act
            which is predicated upon the size of either the dumping
            margin or net subsidy determined to exist.
    ---------------------------------------------------------------------------
        \105\ Sec. 623(a)(4) of Public Law 98-573 (98 Stat. 3041)
    redesignated existing para. (3) as para. (4), and added a new para.
    (3). Sec. 626(b)(2) of Public Law 98-573 further provided that this
    amendment should apply with respect to civil sections pending on, or
    filed on or after, the date of enactment of this Act (October 30,
    1984).
        \106\ Sec. 1888(6) of Public Law 99-514 (100 Stat. 2925)
    substituted ``(2)(A)(i)(II)'' in lieu of ``(2)(A)(ii)''.
    ---------------------------------------------------------------------------
              (4) \107\ Procedures and fees.--The procedures and
            fees set forth in chapter 169 of title 28, United
            States Code,\101\ apply to an action under this
            section.
    ---------------------------------------------------------------------------
        \107\ Sec. 608(b) of Public Law 96-417 (94 Stat. 1746) struck out
    ``sec. 2632'' and inserted in lieu thereof ``chapter 169''. Sec. 2 of
    Public Law 96-542 (94 Stat. 3215) further struck out a reference to
    subsecs. (b), (c), and (e) of ch. 169.
    ---------------------------------------------------------------------------
              (5) \108\ Time limits in cases involving merchandise
            from free trade area countries.--Notwithstanding any
            other provision of this subsection, in the case of a
            determination to which the provisions of subsection (g)
            apply, an action under this subsection may not be
            commenced, and the time limits for commencing an action
            under this subsection shall not begin to run, until the
            day specified in whichever of the following
            subparagraphs applies:
    ---------------------------------------------------------------------------
        \108\ Sec. 401(a) of the United States-Canada Free-Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1878)
    inserted para. (5). Sec. 411(1) of the NAFTA Implementation Act (Public
    Law 103-182; 107 Stat. 2140) amended and restated the paragraph.
    ---------------------------------------------------------------------------
                      (A) For a determination described in
                    paragraph (1)(B) or clause (i), (ii) or (iii)
                    of paragraph (2)(B), the 31st day after the
                    date on which notice of the determination is
                    published in the Federal Register.
                      (B) For a determination described in clause
                    (vi) of paragraph (2)(B), the 31st day after
                    the date on which the government of the
                    relevant FTA country receives notice of the
                    determination.
                      (C) For a determination with respect to which
                    binational panel review has commenced in
                    accordance with subsection (g)(8), the day
                    after the date as of which--
                              (i) the binational panel has
                            dismissed binational panel review of
                            the determination for lack of
                            jurisdiction, and
                              (ii) any interested party seeking
                            review of the determination under
                            paragraph (1), (2), or (3) of this
                            subsection has provided timely notice
                            under subsection (g)(3)(B).
                    If such an interested party files a summons and
                    complaint under this subsection after dismissal
                    by the binational panel, and if a request for
                    an extraordinary challenge committee is made
                    with respect to the decision by the binational
                    panel to dismiss--
                              (I) judicial review under this
                            subsection shall be stayed during
                            consideration by the committee of the
                            request, and
                              (II) the United States Court of
                            International Trade shall dismiss the
                            action if the committee vacates or
                            remands the binational panel decision
                            to dismiss.
                      (D) For a determination for which review by
                    the United States Court of International Trade
                    is provided for--
                              (i) under subsection (g)(12)(B), the
                            day after the date of publication in
                            the Federal Register of notice that
                            article 1904 of the NAFTA has been
                            suspended, or
                              (ii) under subsection (g)(12)(D), the
                            day after the date that notice of
                            settlement is published in the Federal
                            Register.
                      (E) \109\ For a determination described in
                    clause (vii) of paragraph (2)(B), the 31st day
                    after the date on which notice of the
                    implementation of the determination is
                    published in the Federal Register.
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        \109\ Sec. 129(e)(2) of Public Law 103-465 (108 Stat. 4838) added
    subpara. (E).
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        (b) Standards of Review.--
              (1) Remedy.--The court shall hold unlawful any
            determination, finding, or conclusion found--
                      (A) in an action brought under subparagraph
                    (A), (B), or (C) of subsection (a)(1),\110\ to
                    be arbitrary, capricious, an abuse of
                    discretion, or otherwise not in accordance with
                    law, or
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        \110\ Sec. 220(b)(2)(A) of Public Law 103-465 (108 Stat. 4865)
    struck out ``under paragraph (1) of subsection (a)'' and inserted in
    lieu thereof ``under subparagraph (A), (B), or (C) of subsection
    (a)(1)''.
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                      (B) \111\ (i) in an action brought under
                    paragraph (2) of subsection (a), to be
                    unsupported by substantial evidence on the
                    record, or otherwise not in accordance with
                    law, or \112\
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        \111\ Sec. 220(b)(2)(B)(i) of Public Law 103-465 (108 Stat. 4865)
    struck out ``(B) in an action'' and inserted in lieu thereof ``(B)(i)
    in an action''.
        \112\ Sec. 220(b)(2)(B)(ii) of Public Law 103-465 (108 Stat. 4865)
    struck out a period at the end of subpara. (B), and inserted ``, or''.
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                      (ii) \113\ in an action brought under
                    paragraph (1)(D) of subsection (a), to be
                    arbitrary, capricious, an abuse of discretion,
                    or otherwise not in accordance with law.
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        \113\ Sec. 220(b)(2)(B)(iii) of Public Law 103-465 (108 Stat. 4865)
    added clause (ii).
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              (2) Record for review.--
                      (A) In general.--For the purposes of this
                    subsection, the record, unless otherwise
                    stipulated by the parties, shall consist of--
                              (i) a copy of all information
                            presented to or obtained by the
                            Secretary, the administering authority,
                            or the Commission during the course of
                            the administrative proceeding,
                            including all governmental memoranda
                            pertaining to the case and the record
                            of ex parte meetings required to be
                            kept by section 777(a)(3); and
                              (ii) a copy of the determination, all
                            transcripts or records of conferences
                            or hearings, and all notices published
                            in the Federal Register.
                      (B) Confidential or privileged material.--The
                    confidential or privileged status accorded to
                    any documents, comments, or information shall
                    be preserved in any action under this section.
                    Notwithstanding the preceding sentence, the
                    court may examine, in camera, the confidential
                    or privileged material, and may disclose such
                    material under such terms and conditions as it
                    may order.
              (3) \114\ Effect of decisions by nafta or \115\
            united states-canada binational panels.--In making a
            decision in any action brought under subsection (a), a
            court of the United States is not bound by, but may
            take into consideration, a final decision of a
            binational panel or extraordinary challenge committee
            convened pursuant to article 1904 of the NAFTA or \116\
            of the Agreement.''.
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        \114\ Sec. 401(d) of the United States-Canada Free-Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1883) added
    para. (3).
        \115\ Sec. 411(2)(A) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2141) inserted ``nafta or'' in the heading.
        \116\ Sec. 411(2)(B) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2141) inserted ``of the NAFTA or'' after ``article
    1904''.
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        (c) Liquidation of Entries.--
              (1) Liquidation in accordance with determination.--
            Unless such liquidation is enjoined by the court under
            paragraph (2) of this subsection, entries of
            merchandise of the character covered by a determination
            of the Secretary, the administering authority, or the
            Commission contested under subsection (a) shall be
            liquidated in accordance with the determination of the
            Secretary, the administering authority, or the
            Commission, if they are entered, or withdrawn from
            warehouse, for consumption on or before the date of
            publication in the Federal Register by the Secretary or
            the administering authority of a notice of a decision
            of the United States Court of International Trade,\100\
            or of the United States Court of Appeals for the
            Federal Circuit,\117\ not in harmony with that
            determination. Such notice of a decision shall be
            published within ten days from the date of the issuance
            of the court decision.
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        \117\ Sec. 163(a)(2) of the Federal Court Improvement Act (Public
    Law 97-164; 96 Stat. 49) struck out a reference to the United States
    Court of Customs and Patent Appeals and inserted in lieu thereof a
    reference to the United States Court of Appeals for the Federal
    Circuit.
    ---------------------------------------------------------------------------
              (2) Injunctive relief.--In the case of a
            determination described in paragraph (2) of subsection
            (a) by the Secretary, the administering authority, or
            the Commission, the United States Court of
            International Trade \100\ may enjoin the liquidation of
            some or all entries of merchandise covered by a
            determination of the Secretary, the administering
            authority, or the Commission, upon a request by an
            interested party for such relief and a proper showing
            that the requested relief should be granted under the
            circumstances.\118\
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        \118\ Sec. 604(c) of Public Law 96-417 (94 Stat. 1746) struck out
    the final sentence in para. (2), which listed factors which the court
    should consider in ruling on a request for injunctive relief.
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              (3) Remand for final disposition.--If the final
            disposition of an action brought under this section is
            not in harmony with the published determination of the
            Secretary, the administering authority, or the
            Commission, the matter shall be remanded to the
            Secretary, the administering authority, or the
            Commission, as appropriate, for disposition consistent
            with the final disposition of the court.
        (d) Standing.--Any interested party who was a party to the
    proceeding under section 303 of this Act or title VII of this
    Act shall have the right to appear and be heard as a party in
    interest before the United States Court of International
    Trade.\100\ The party filing the action shall notify all such
    interested parties of the filing of an action under this
    section, in the form, manner, style, and within the time
    prescribed by rules of the court.\119\
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        \119\ Sec. 604(d) of Public Law 96-417 (94 Stat. 1746) amended and
    restated this sentence.
    ---------------------------------------------------------------------------
        (e) Liquidation in Accordance With Final Decision.--If the
    cause of action is sustained in whole or in part by a decision
    of the United States Court of International Trade \94\ or of
    the United States Court of Appeals for the Federal Circuit--
    \111\
              (1) entries of merchandise of the character covered
            by the published determination of the Secretary, the
            administering authority, or the Commission, which is
            entered, or withdrawn from warehouse, for consumption
            after the date of publication in the Federal Register
            by the Secretary or the administering authority of a
            notice of the court decision, and
              (2) entries, the liquidation of which was enjoined
            under subsection (c)(2),
    shall be liquidated in accordance with the final court decision
    in the action. Such notice of the court decision shall be
    published within ten days from the date of the issuance of the
    court decision.
        (f) Definitions.--For purposes of this section--
              (1) Administering authority.--The term
            ``administering authority'' means the administering
            authority described in section 771(1) of this Act.
              (2) Commission.--The term ``Commission'' means the
            United States International Trade Commission.
              (3) Interested party.--The term ``interested party''
            means any person described in section 771(9) of this
            Act.
              (4) Secretary.--The term ``Secretary'' means the
            Secretary of the Treasury.
              (5) \120\ Agreement.--The term ``Agreement'' means
            the United States-Canada Free-Trade Agreement.
    ---------------------------------------------------------------------------
        \120\ Sec. 401(b) of the United States-Canada Free-Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1878) added
    paras. (5), (6), and (7). Sec. 411(3)(A) of the NAFTA Implementation
    Act (Public Law 103-182; 107 Stat. 2141) amended and restated paras.
    (6) and (7).
    ---------------------------------------------------------------------------
              (6) \120\ United states secretary.--The term ``United
            States Secretary'' means--
                      (A) the secretary for the United States
                    Section referred to in article 1908 of the
                    NAFTA, and
                      (B) the secretary of the United States
                    Section provided for in article 1909 of the
                    Agreement.
              (7) \120\ Relevant fta secretary.--The term
            ``relevant FTA Secretary'' means the Secretary--
                      (A) referred to in article 1908 of the NAFTA,
                    or
                      (B) provided for in paragraph 5 of article
                    1909 of the Agreement,
            of the relevant FTA country.
              (8) \121\ NAFTA.--The term ``NAFTA'' means the North
            American Free Trade Agreement.
    ---------------------------------------------------------------------------
        \121\ Sec. 411(3)(B) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2142) added paras. (8), (9), and (10).
    ---------------------------------------------------------------------------
              (9) \121\ Relevant fta country.--The term ``relevant
            FTA country'' means the free trade area country to
            which an antidumping or countervailing duty proceeding
            pertains.
              (10) \121\ Free trade area country.--The term ``free
            trade area country'' means the following:
                      (A) Canada for such time as the NAFTA is in
                    force with respect to, and the United States
                    applies the NAFTA to, Canada.
                      (B) Mexico for such time as the NAFTA is in
                    force with respect to, and the United States
                    applies the NAFTA to, Mexico.
                      (C) Canada for such time as--
                              (i) it is not a free trade area
                            country under subparagraph (A); and
                              (ii) the Agreement is in force with
                            respect to, and the United States
                            applies the Agreement to, Canada.
      (g) \122\ Review of Countervailing Duty and Antidumping Duty
    Determinations Involving Free Trade Area Country Merchandise.--
    ---------------------------------------------------------------------------
        \122\ Sec. 401(c) of the United States-Canada Free-Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1878) added
    subsec. (g). Sec. 411(4)(A) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2142) struck out ``Canadian Merchandise'' in the
    subsection heading, and inserted in lieu thereof ``Free Trade Area
    Country Merchandise''.
    ---------------------------------------------------------------------------
              (1) Definition of determination.--For purposes of
            this subsection, the term ``determination'' means a
            determination described in--
                      (A) paragraph (1)(B) of subsection (a), or
                      (B) clause (i), (ii), (iii), or (vi) of
                    paragraph (2)(B) of subsection (a),
            if made in connection with a proceeding regarding a
            class or kind of free trade area country
            merchandise,\123\ as determined by the administering
            authority.
    ---------------------------------------------------------------------------
        \123\ Sec. 411(4)(B) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2142) struck out ``Canadian merchandise'' and
    inserted in lieu thereof ``free trade area country merchandise''.
    ---------------------------------------------------------------------------
              (2) Exclusive review of determination by binational
            panels.--If binational panel review of a determination
            is requested pursuant to article 1904 of the NAFTA or
            \124\ of the Agreement, then, except as provided in
            paragraphs (3) and (4)--
    ---------------------------------------------------------------------------
        \124\ Sec. 411(4)(C) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2142) inserted ``of the NAFTA or'' after ``article
    1904''.
    ---------------------------------------------------------------------------
                      (A) the determination is not reviewable under
                    subsection (a), and
                      (B) no court of the United States has power
                    or jurisdiction to review the determination on
                    any question of law or fact by an action in the
                    nature of mandamus or otherwise.
              (3) Exception to exclusive binational panel review.--
                      (A) In general.--A determination is
                    reviewable under subsection (a) if the
                    determination sought to be reviewed is--
                              (i) a determination as to which
                            neither the United States nor the
                            relevant FTA country \125\ requested
                            review by a binational panel pursuant
                            to article 1904 of the NAFTA or \126\
                            of the Agreement,
    ---------------------------------------------------------------------------
        \125\ Sec. 411(4)(D)(i) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2142) struck out ``nor Canada'' and inserted in lieu
    thereof ``nor the relevant FTA country'' in clauses (i) and (ii).
        \126\ Sec. 411(4)(D)(ii) of the NAFTA Implementation Act (Public
    Law 103-182; 107 Stat. 2142) inserted ``of the NAFTA or'' before ``of
    the Agreement'' in clauses (i) and (iii) .
    ---------------------------------------------------------------------------
                              (ii) a revised determination issued
                            as a direct result of judicial review,
                            commenced pursuant to subsection (a),
                            if neither the United States nor the
                            relevant FTA country \125\ requested
                            review of the original
                            determination,\127\
    ---------------------------------------------------------------------------
        \127\ Sec. 134(a)(3)(B) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) struck out ``or'' at the end of
    clause (ii); struck out the period at the end of clause (iii), and
    inserted in lieu thereof ``, or''; and added a new clause (iv). In
    subpara. (B), that section inserted ``or (iv)'' after ``subparagraph
    (A)(i)''.
    ---------------------------------------------------------------------------
                              (iii) a determination issued as a
                            direct result of judicial review that
                            was commenced pursuant to subsection
                            (a) prior to the entry into force of
                            the NAFTA or \126\ of the
                            Agreement,\128\
    ---------------------------------------------------------------------------
        \128\ Sec. 411(4)(D) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2142) struck out ``or'' at the end of clause (iii);
    struck out ``under paragraph (2)(A)'' in clause (iv); further amended
    clause (iv) by striking out a period and inserting in lieu thereof a
    comma; and added new clauses (v) and (vi).
    ---------------------------------------------------------------------------
                              (iv) \128\ a determination which a
                            binational panel has determined \128\
                            is not reviewable by the binational
                            panel,\128\
                              (v) \128\ a determination as to which
                            binational panel review has terminated
                            pursuant to paragraph 12 of article
                            1905 of the NAFTA, or
                              (vi) \128\ a determination as to
                            which extraordinary challenge committee
                            review has terminated pursuant to
                            paragraph 12 of article 1905 of the
                            NAFTA.
                      (B) Special rule.--A determination described
                    in subparagraph (A)(i) or (iv) is reviewable
                    under subsection (a) only if the party seeking
                    to commence review has provided timely notice
                    of its intent to commence such review to--
                              (i) the United States Secretary and
                            the relevant FTA Secretary;
                              (ii) all interested parties who were
                            parties to the proceeding in connection
                            with which the matter arises; and
                              (iii) the administering authority or
                            the Commission, as appropriate.
                    Such notice is timely provided if the notice is
                    delivered no later than the date that is 20
                    days after the date described in subparagraph
                    (A) or (B) of subsection (a)(5) that is
                    applicable to such determination, except that,
                    if the time for requesting binational panel
                    review is suspended under paragraph (8)(A)(ii)
                    of this subsection, any unexpired time for
                    providing notice of intent to commence judicial
                    review shall, during the pendency of any such
                    suspension, also be suspended.\129\ Such notice
                    shall contain such information, and be in such
                    form, manner, and style, as the administering
                    authority, in consultation with the Commission,
                    shall prescribe by regulations.
    ---------------------------------------------------------------------------
        \129\ Sec. 411(4)(E) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2143) amended and restated para. (3)(B) to this
    point.
    ---------------------------------------------------------------------------
              (4) Exception to exclusive binational panel review
            for constitutional issues.--
                      (A) Constitutionality of binational panel
                    review system.--An action for declaratory
                    judgment or injunctive relief, or both,
                    regarding a determination on the grounds that
                    any provision of, or amendment made by, the
                    North American Free Trade Agreement
                    Implementation Act implementing the binational
                    dispute settlement system under chapter 19 of
                    the NAFTA, or \130\ the United States-Canada
                    Free-Trade Agreement Implementation Act of 1988
                    \131\ implementing the binational panel dispute
                    settlement system under chapter 19 of the
                    Agreement,\132\ violates the Constitution may
                    be brought only \133\ in the United States
                    Court of Appeals for the District of Columbia
                    Circuit, which shall have jurisdiction of such
                    action.\134\
    ---------------------------------------------------------------------------
        \130\ Sec. 411(4)(F)(i)(I) of the NAFTA Implementation Act (Public
    Law 103-182; 107 Stat. 2143) inserted ``the North American Free Trade
    Agreement Implementation Act implementing the binational dispute
    settlement system under chapter 19 of the NAFTA, or'' after ``or
    amendment made by,''.
        \131\ Sec. 22 of Public Law 104-295 (110 Stat. 3531) struck out
    ``Implementation Agreement Act of 1988'' and inserted in lieu thereof
    ``Agreement Implementation Act of 1988''.
        \132\ Sec. 411(4)(F)(i)(II) of the NAFTA Implementation Act (Public
    Law 103-182; 107 Stat. 2143) inserted the comma before ``violates''.
        \133\ Sec. 411(4)(F)(i)(III) of the NAFTA Implementation Act
    (Public Law 103-182; 107 Stat. 2143) inserted ``only'' after ``may be
    brought''.
        \134\ Sec. 411(4)(F)(i)(IV) and (ii) of the NAFTA Implementation
    Act (Public Law 103-182; 107 Stat. 2143) inserted ``, which shall have
    jurisdiction of such action'', after ``Circuit'', and struck out a
    sentence at this point, which had read as follows: ``Any action brought
    under this subparagraph shall be heard and determined by a 3-judge
    court in accordance with section 2284 of title 28, United States
    Code.''.
    ---------------------------------------------------------------------------
                      (B) Other constitutional review.--Review is
                    available under subsection (a) with respect to
                    a determination solely concerning a
                    constitutional issue (other than an issue to
                    which subparagraph (A) applies) arising under
                    any law of the United States as enacted or
                    applied. An action for review under this
                    subparagraph shall be assigned to a 3-judge
                    panel of the United States Court of
                    International Trade.
                      (C) Commencement of review.--Notwithstanding
                    the time limits in subsection (a), within 30
                    days after the date of publication in the
                    Federal Register of notice that binational
                    panel review has been completed, an interested
                    party who is a party to the proceeding in
                    connection with which the matter arises may
                    commence an action under subparagraph (A) or
                    (B) by filing an action in accordance with the
                    rules of the court.
                      (D) Transfer of actions to appropriate
                    court.--Whenever an action is filed in a court
                    under subparagraph (A) or (B) and that court
                    finds that the action should have been filed in
                    the other court, the court in which the action
                    was filed shall transfer the action to the
                    other court and the action shall proceed as if
                    it had been filed in the court to which it is
                    transferred on the date upon which it was
                    actually filed in the court from which it is
                    transferred.
                      (E) Frivolous claims.--Frivolous claims
                    brought under subparagraph (A) or (B) are
                    subject to dismissal and sanctions as provided
                    under section 1927 of title 28, United States
                    Code, and the Federal Rules of Civil Procedure.
                      (F) Security.--
                              (i) Subparagraph (a) actions.--The
                            security requirements of rule 65(c) of
                            the Federal Rules of Civil Procedure
                            apply with respect to actions commenced
                            under subparagraph (A).
                              (ii) Subparagraph (b) actions.--No
                            claim shall be heard, and no temporary
                            restraining order or temporary or
                            permanent injunction shall be issued,
                            under an action commenced under
                            subparagraph (B), unless the party
                            seeking review first files an
                            undertaking with adequate security in
                            an amount to be fixed by the court
                            sufficient to recompense parties
                            affected for any loss, expense, or
                            damage caused by the improvident or
                            erroneous issuance of such order or
                            injunction. If a court upholds the
                            constitutionality of the determination
                            in question in such action, the court
                            shall award to a prevailing party fees
                            and expenses, in addition to any costs
                            incurred by that party, unless the
                            court finds that the position of the
                            other party was substantially justified
                            or that special circumstances make an
                            award unjust.
                      (G) Panel record.--The record of proceedings
                    before the binational panel shall not be
                    considered part of the record for review
                    pursuant to subparagraph (A) or (B).
                      (H) Appeal to supreme court of court orders
                    issued in subparagraph (a) actions.--
                    Notwithstanding any other provision of law, any
                    final judgment of the United States Court of
                    Appeals for the District of Columbia Circuit
                    which is issued pursuant to an action brought
                    under subparagraph (A) shall be reviewable by
                    appeal directly to the Supreme Court of the
                    United States. Any such appeal shall be taken
                    by a notice of appeal filed within 10 days
                    after such order is entered; and the
                    jurisdictional statement shall be filed within
                    30 days after such order is entered. No stay of
                    an order issued pursuant to an action brought
                    under subparagraph (A) may be issued by a
                    single Justice of the Supreme Court.
              (5) Liquidation of entries.--
                      (A) Application.--In the case of a
                    determination for which binational panel review
                    is requested pursuant to article 1904 of the
                    NAFTA or \135\ of the Agreement, the rules
                    provided in this paragraph shall apply,
                    notwithstanding the provisions of subsection
                    (c).
    ---------------------------------------------------------------------------
        \135\ Sec. 411(4)(G)(i) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2143) inserted ``of the NAFTA or'' after ``article
    1904'' in subparas. (A), (B), and (C)(i).
    ---------------------------------------------------------------------------
                      (B) General rule.--In the case of a
                    determination for which binational panel review
                    is requested pursuant to article 1904 of the
                    NAFTA or \135\ of the Agreement, entries of
                    merchandise covered by such determination shall
                    be liquidated in accordance with the
                    determination of the administering authority or
                    the Commission, if they are entered, or
                    withdrawn from warehouse, for consumption on or
                    before the date of publication in the Federal
                    Register by the administering authority of
                    notice of a final decision of a binational
                    panel, or of an extraordinary challenge
                    committee, not in harmony with that
                    determination. Such notice of a decision shall
                    be published within 10 days of the date of the
                    issuance of the panel or committee decision.
                      (C) Suspension of liquidation.--
                              (i) In general.--Notwithstanding the
                            provisions of subparagraph (B), in the
                            case of a determination described in
                            clause (iii) or (vi) of subsection
                            (a)(2)(B) for which binational panel
                            review is requested pursuant to article
                            1904 of the NAFTA or \135\ of the
                            Agreement, the administering authority,
                            upon request of an interested party who
                            was a party to the proceeding in
                            connection with which the matter arises
                            and who is a participant in the
                            binational panel review, shall order
                            the continued suspension of liquidation
                            of those entries of merchandise covered
                            by the determination that are involved
                            in the review pending the final
                            disposition of the review.
                              (ii) Notice.--At the same time as the
                            interested party makes its request to
                            the administering authority under
                            clause (i), that party shall serve a
                            copy of its request on the United
                            States Secretary, the relevant FTA
                            Secretary,\136\ and all interested
                            parties who were parties to the
                            proceeding in connection with which the
                            matter arises.
    ---------------------------------------------------------------------------
        \136\ Sec. 411(4)(G)(ii) of the NAFTA Implementation Act (Public
    Law 103-182; 107 Stat. 2143) struck out ``the Canadian Secretary,'' and
    inserted in lieu thereof ``the relevant FTA Secretary,''.
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                              (iii) Application of suspension.--If
                            the interested party requesting
                            continued suspension of liquidation
                            under clause (i) is a foreign
                            manufacturer, producer, or exporter, or
                            a United States importer, the continued
                            suspension of liquidation shall apply
                            only to entries of merchandise
                            manufactured, produced, exported, or
                            imported by that particular
                            manufacturer, producer, exporter, or
                            importer. If the interested party
                            requesting the continued suspension of
                            liquidation under clause (i) is an
                            interested party described in
                            subparagraph (C), (D), (E), or (F) of
                            section 771(9), the continued
                            suspension of liquidation shall apply
                            only to entries which could be affected
                            by a decision of the binational panel
                            convened under chapter 19 of the NAFTA
                            or \137\ of the Agreement.
    ---------------------------------------------------------------------------
        \137\ Sec. 411(4)(G)(iii) of the NAFTA Implementation Act (Public
    Law 103-182; 107 Stat. 2143) inserted ``of the NAFTA or'' after
    ``chapter 19''.
    ---------------------------------------------------------------------------
                              (iv) Judicial review.--Any action
                            taken by the administering authority or
                            the United States Customs Service under
                            this subparagraph shall not be subject
                            to judicial review, and no court of the
                            United States shall have power or
                            jurisdiction to review such action on
                            any question of law or fact by an
                            action in the nature of mandamus or
                            otherwise.
              (6) Injunctive relief.--Except for cases under
            paragraph (4)(B), in the case of a determination for
            which binational panel review is requested pursuant to
            article 1904 of the NAFTA or \138\ of the Agreement,
            the provisions of subsection (c)(2) shall not apply.
    ---------------------------------------------------------------------------
        \138\ Sec. 411(4)(H) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2143) inserted ``of the NAFTA or'' after ``article
    1904''.
    ---------------------------------------------------------------------------
              (7) Implementation of international obligations under
            article 1904 of the nafta or the agreement.-- \139\
    ---------------------------------------------------------------------------
        \139\ Sec. 411(4)(I)(i) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2143) inserted ``of the nafta or the agreement'' in
    the paragraph heading.
    ---------------------------------------------------------------------------
                      (A) \140\ Action upon remand.--If a
                    determination is referred to a binational panel
                    or extraordinary challenge committee under the
                    NAFTA or \141\ the Agreement and the panel or
                    committee makes a decision remanding the
                    determination to the administering authority or
                    the Commission, the administering authority or
                    the Commission shall, within the period
                    specified by the panel or committee, take
                    action not inconsistent with the decision of
                    the panel or committee. Any action taken by the
                    administering authority or the Commission under
                    this paragraph shall not be subject to judicial
                    review, and no court of the United States shall
                    have power or jurisdiction to review such
                    action on any question of law or fact by an
                    action in the nature of mandamus or otherwise.
    ---------------------------------------------------------------------------
        \140\ Sec. 411(4)(I)(ii) of the NAFTA Implementation Act (Public
    Law 103-182; 107 Stat. 2143) struck out ``In general.--'' in the
    subparagraph heading and inserted in lieu thereof ``Action upon
    remand.--''
        \141\ Sec. 411(4)(I)(iii) of the NAFTA Implementation Act (Public
    Law 103-182; 107 Stat. 2143) inserted ``the NAFTA or'' before ``the
    Agreement'' in subpara. (A).
    ---------------------------------------------------------------------------
                      (B) Application if subparagraph (a) held
                    unconstitutional.--In the event that the
                    provisions of subparagraph (A) are held
                    unconstitutional under the provisions of
                    subparagraphs (A) and (H) of paragraph (4), the
                    provisions of this subparagraph shall take
                    effect. In such event, the President is
                    authorized on behalf of the United States to
                    accept, as a whole, the decision of a
                    binational panel or extraordinary challenge
                    committee remanding the determination to the
                    administering authority or the Commission
                    within the period specified by the panel or
                    committee. Upon acceptance by the President of
                    such a decision, the administering authority or
                    the Commission shall, within the period
                    specified by the panel or committee, take
                    action not inconsistent with such decision. Any
                    action taken by the President, the
                    administering authority, or the Commission
                    under this subparagraph shall not be subject to
                    judicial review, and no court of the United
                    States shall have power or jurisdiction to
                    review such action on any question of law or
                    fact by an action in the nature of mandamus or
                    otherwise.
              (8) Requests for binational panel review.--
                      (A) Interested party requests for binational
                    panel review.--
                              (i) \142\ General rule.--An
                            interested party who was a party to the
                            proceeding in which a determination is
                            made may request binational panel
                            review of such determination by filing
                            a request with the United States
                            Secretary by no later than the date
                            that is 30 days after the date
                            described in subparagraph (A), (B), or
                            (E) \143\ of subsection (a)(5) that is
                            applicable to such determination.
                            Receipt of such request by the United
                            States Secretary shall be deemed to be
                            a request for binational panel review
                            within the meaning of article 1904(4)
                            of the NAFTA or \142\ of the Agreement.
                            Such request shall contain such
                            information and be in such form,
                            manner, and style as the administering
                            authority, in consultation with the
                            Commission, shall prescribe by
                            regulations.
    ---------------------------------------------------------------------------
        \142\ Sec. 411(4)(J) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2144) realigned the text of (8)(A) to create clause
    (i), added ``(i) General rule.--'', inserted ``of the NAFTA or'' after
    ``article 1904(4)'', and added a new clause (ii).
        \143\ Sec. 129(e)(3) of Public Law 103-465 (108 Stat. 4839) struck
    out ``subparagraph (A) or (B)'' and inserted in lieu thereof
    ``subparagraph (A), (B), or (E)''.
    ---------------------------------------------------------------------------
                              (ii) \142\ Suspension of time to
                            request binational panel review under
                            the nafta.--Notwithstanding clause (i),
                            the time for requesting binational
                            panel review shall be suspended during
                            the pendency of any stay of binational
                            panel review that is issued pursuant to
                            paragraph 11(a) of article 1905 of the
                            NAFTA.
                      (B) Service of request for binational panel
                    review.--
                              (i) Service by interested party.--If
                            a request for binational panel review
                            of a determination is filed under
                            subparagraph (A), the party making the
                            request shall serve a copy, by mail or
                            personal service, on any other
                            interested party who was a party to the
                            proceeding in connection with which the
                            matter arises, and on the administering
                            authority or the Commission, as
                            appropriate.
                              (ii) Service by united states
                            secretary.--If an interested party to
                            the proceeding requests binational
                            panel review of a determination by
                            filing a request with the relevant FTA
                            Secretary,\144\ the United States
                            Secretary shall serve a copy of the
                            request by mail on any other interested
                            party who was a party to the proceeding
                            in connection with which the matter
                            arises, and on the administering
                            authority or the Commission, as
                            appropriate.
    ---------------------------------------------------------------------------
        \144\ Sec. 411(4)(K) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2144) struck out ``Canadian Secretary,'' and
    inserted in lieu thereof ``relevant FTA Secretary,''.
    ---------------------------------------------------------------------------
                      (C) Limitation on request for binational
                    panel review.--Absent a request by an
                    interested party under subparagraph (A), the
                    United States may not request binational panel
                    review of a determination under article 1904 of
                    the NAFTA or the Agreement.\145\
    ---------------------------------------------------------------------------
        \145\ Sec. 411(4)(L) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2144) struck out ``under article 1904 of the
    Agreement of a determination'' and inserted in lieu thereof ``of a
    determination under article 1904 of the NAFTA or the Agreement''.
    ---------------------------------------------------------------------------
              (9) Representation in panel proceedings.--In the case
            of binational panel proceedings convened under chapter
            19 of the NAFTA or \146\ of the Agreement, the
            administering authority and the Commission shall be
            represented by attorneys who are employees of the
            administering authority or the Commission,
            respectively. Interested parties who were parties to
            the proceeding in connection with which the matter
            arises shall have the right to appear and be
            represented by counsel before the binational panel.
    ---------------------------------------------------------------------------
        \146\ Sec. 411(4)(M) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2144) inserted ``of the NAFTA or'' after ``chapter
    19''.
    ---------------------------------------------------------------------------
              (10) Notification of class or kind rulings.--In the
            case of a determination which is described in paragraph
            (2)(B)(vi) of subsection (a) and which is subject to
            the provisions of paragraph (2), the administering
            authority, upon request, shall inform any interested
            person of the date on which the Government of the
            relevant FTA country received notice of the
            determination under paragraph 4 of article 1904 of the
            NAFTA or the Agreement.\147\
    ---------------------------------------------------------------------------
        \147\ Sec. 411(4)(N) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2144) struck out ``Government of Canada received
    notice of the determination under article 1904(4) of the Agreement.''
    and inserted in lieu thereof ``Government of the relevant FTA country
    received notice of the determination under paragraph 4 of article 1904
    of the NAFTA or the Agreement.''.
    ---------------------------------------------------------------------------
              (11) \148\ Suspension and termination of suspension
            of article 1904 of the nafta.--
    ---------------------------------------------------------------------------
        \148\ Sec. 411(4)(O) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2144) added paras. (11) and (12).
    ---------------------------------------------------------------------------
                      (A) Suspension of article 1904.--If a special
                    committee established under article 1905 of the
                    NAFTA issues an affirmative finding, the Trade
                    Representative may, in accordance with
                    paragraph 8(a) or 9, as appropriate, of article
                    1905 of the NAFTA, suspend the operation of
                    article 1904 of the NAFTA.
                      (B) Termination of suspension of article
                    1904.--If a special committee is reconvened and
                    makes an affirmative determination described in
                    paragraph 10(b) of article 1905 of the NAFTA,
                    any suspension of the operation of article 1904
                    of the NAFTA shall terminate.
              (12) \148\ Judicial review upon termination of
            binational panel or committee review under the nafta.--
                      (A) Notice of suspension or termination of
                    suspension of article 1904.--
                              (i) Upon notification by the Trade
                            Representative or the Government of a
                            country described in subsection (f)(10)
                            (A) or (B) that the operation of
                            article 1904 of the NAFTA has been
                            suspended in accordance with paragraph
                            8(a) or 9 of article 1905 of the NAFTA,
                            the United States Secretary shall
                            publish in the Federal Register a
                            notice of suspension of article 1904 of
                            the NAFTA.
                              (ii) Upon notification by the Trade
                            Representative or the Government of a
                            country described in subsection (f)(10)
                            (A) or (B) that the suspension of the
                            operation of article 1904 of the NAFTA
                            is terminated in accordance with
                            paragraph 10 of article 1905 of the
                            NAFTA, the United States Secretary
                            shall publish in the Federal Register a
                            notice of termination of suspension of
                            article 1904 of the NAFTA.
                      (B) Transfer of final determinations for
                    judicial review upon suspension of article
                    1904.--If the operation of article 1904 of the
                    NAFTA is suspended in accordance with paragraph
                    8(a) or 9 of article 1905 of the NAFTA--
                              (i) upon the request of an authorized
                            person described in subparagraph (C),
                            any final determination that is the
                            subject of a binational panel review or
                            an extraordinary challenge committee
                            review shall be transferred to the
                            United States Court of International
                            Trade (in accordance with rules issued
                            by the Court) for review under
                            subsection (a); or
                              (ii) in a case in which--
                                      (I) a binational panel review
                                    was completed fewer than 30
                                    days before the suspension, and
                                      (II) extraordinary challenge
                                    committee review has not been
                                    requested,
                            upon the request of an authorized
                            person described in subparagraph (C)
                            which is made within 60 days after the
                            completion of the binational panel
                            review, the final determination that
                            was the subject of the binational panel
                            review shall be transferred to the
                            United States Court of International
                            Trade (in accordance with rules issued
                            by the Court) for review under
                            subsection (a).
                      (C) Persons authorized to request transfer of
                    final determinations for judicial review.--A
                    request that a final determination be
                    transferred to the Court of International Trade
                    under subparagraph (B) may be made by--
                              (i) if the United States made an
                            allegation under paragraph 1 of article
                            1905 of the NAFTA and the operation of
                            article 1904 of the NAFTA was suspended
                            pursuant to paragraph 8(a) of article
                            1905 of the NAFTA--
                                      (I) the government of the
                                    relevant country described in
                                    subsection (f)(10) (A) or (B),
                                      (II) an interested party that
                                    was a party to the panel or
                                    committee review, or
                                      (III) an interested party
                                    that was a party to the
                                    proceeding in connection with
                                    which panel review was
                                    requested, but only if the time
                                    period for filing notices of
                                    appearance in the panel review
                                    has not expired, or
                              (ii) if a country described in
                            subsection (f)(10) (A) or (B) made an
                            allegation under paragraph 1 of article
                            1905 of the NAFTA and the operation of
                            article 1904 of the NAFTA was suspended
                            pursuant to paragraph 9 of article 1905
                            of the NAFTA--
                                      (I) the government of that
                                    country,
                                      (II) an interested party that
                                    is a person of that country and
                                    that was a party to the panel
                                    or committee review, or
                                      (III) an interested party
                                    that is a person of that
                                    country and that was a party to
                                    the proceeding in connection
                                    with which panel review was
                                    requested, but only if the time
                                    period for filing notices of
                                    appearance in the panel review
                                    has not expired.
                      (D) Transfer for judicial review upon
                    settlement.--(i) \149\ If the Trade
                    Representative achieves a settlement with the
                    government of a country described in subsection
                    (f)(10) (A) or (B) pursuant to paragraph 7 of
                    article 1905 of the NAFTA, and referral for
                    judicial review is among the terms of such
                    settlement, any final determination that is the
                    subject of a binational panel review or an
                    extraordinary challenge committee review shall,
                    upon a request described in clause (ii), be
                    transferred to the United States Court of
                    International Trade (in accordance with rules
                    issued by the Court) for review under
                    subsection (a).
    ---------------------------------------------------------------------------
        \149\ Sec. 21(c)(3) of Public Law 104-295 (110 Stat. 3530) moved
    the clause designation ``(i)'' from immediately after ``(D)'' to
    immediately preceding ``If the Trade Representative''.
    ---------------------------------------------------------------------------
                      (ii) A request referred to in clause (i) is a
                    request made by--
                              (I) the country referred to in clause
                            (i),
                              (II) an interested party that was a
                            party to the panel or committee review,
                            or
                              (III) an interested party that was a
                            party to the proceeding in connection
                            with which panel review was requested,
                            but only if the time for filing notices
                            of appearance in the panel review has
                            not expired.
              * * * * * * *

             TITLE VII--COUNTERVAILING AND ANTIDUMPING DUTIES \150\

                Subtitle A--Imposition of Countervailing Duties

    SEC. 701.\151\ COUNTERVAILING DUTIES IMPOSED.

        (a) \152\ General Rule.--If--
    ---------------------------------------------------------------------------
        \150\ Sec. 101 of the Trade Agreements Act of 1979 (Public Law 96-
    39; 93 Stat. 150) inserted Title VII.
        \151\ 19 U.S.C. 1671.
        \152\ Sec. 262 of Public Law 103-465 (108 Stat. 4910) amended and
    restated subsecs. (a), (b), and (c).
    ---------------------------------------------------------------------------
              (1) the administering authority determines that the
            government of a country or any public entity within the
            territory of a country is providing, directly or
            indirectly, a countervailable subsidy with respect to
            the manufacture, production, or export of a class or
            kind of merchandise imported, or sold (or likely to be
            sold) for importation, into the United States, and
              (2) in the case of merchandise imported from a
            Subsidies Agreement country, the Commission determines
            that--
                      (A) an industry in the United States--
                              (i) is materially injured, or
                              (ii) is threatened with material
                            injury, or
                      (B) the establishment of an industry in the
                    United States is materially retarded,
            by reason of imports of that merchandise or by reason
            of sales (or the likelihood of sales) of that
            merchandise for importation,
    then there shall be imposed upon such merchandise a
    countervailing duty, in addition to any other duty imposed,
    equal to the amount of the net countervailable subsidy. For
    purposes of this subsection and section 705(b)(1), a reference
    to the sale of merchandise includes the entering into of any
    leasing arrangement regarding the merchandise that is
    equivalent to the sale of the merchandise.
        (b) \152\ Subsidies Agreement Country.--For purposes of
    this title, the term ``Subsidies Agreement country'' means--
              (1) a WTO member country,
              (2) a country which the President has determined has
            assumed obligations with respect to the United States
            which are substantially equivalent to the obligations
            under the Subsidies Agreement, or
              (3) a country with respect to which the President
            determines that--
                      (A) there is an agreement in effect between
                    the United States and that country which--
                              (i) was in force on the date of the
                            enactment of the Uruguay Round
                            Agreements Act, and
                              (ii) requires unconditional most-
                            favored-nation treatment with respect
                            to articles imported into the United
                            States, and
                      (B) the agreement described in subparagraph
                    (A) does not expressly permit--
                              (i) actions required or permitted by
                            the GATT 1947 or GATT 1994, as defined
                            in section 2(1) of the Uruguay Round
                            Agreements Act, or required by the
                            Congress, or
                              (ii) nondiscriminatory prohibitions
                            or restrictions on importation which
                            are designed to prevent deceptive or
                            unfair practices.
        (c) \152\ Countervailing Duty Investigations Involving
    Imports Not Entitled to a Material Injury Determination.--In
    the case of any article or merchandise imported from a country
    which is not a Subsidies Agreement country--
              (1) no determination by the Commission under section
            703(a), 704, or 705(b) shall be required,
              (2) an investigation may not be suspended under
            section 704(c) or 704(l),
              (3) no determination as to the presence of critical
            circumstances shall be made under section 703(e) or
            705(a)(2),
              (4) section 706(c) shall not apply,
              (5) any reference to a determination described in
            paragraph (1) or (3), or to the suspension of an
            investigation under section 704(c) or 704(l), shall be
            disregarded, and
              (6) section 751(c) shall not apply.
        (d) \153\ Treatment of International Consortia.--For
    purposes of this subtitle, if the members (or other
    participating entities) of an international consortium that is
    engaged in the production of subject merchandise \154\ receive
    countervailable subsidies \155\ from their respective home
    countries to assist, permit, or otherwise enable their
    participation in that consortium through production or
    manufacturing operations in their respective home countries,
    then the administering authority shall cumulate all such
    countervailable subsidies,\155\ as well as countervailable
    subsidies \155\ provided directly to the international
    consortium, in determining any countervailing duty upon such
    merchandise.
    ---------------------------------------------------------------------------
        \153\ Sec. 1315 of Public Law 100-418 (102 Stat. 1185) added
    subsec. (d). Sec. 1337(b) of the Act further provided that the
    amendments made by sec. 1315 should only apply with respect to
    investigations initiated after the date of enactment of that Act, and
    to reviews initiated under sec. 736(c) or 751 of the Tariff Act of 1930
    after the date of enactment of that Act.
        \154\ Sec. 233(a)(5)(A) of Public Law 103-465 (108 Stat. 4899)
    struck out ``a class or kind of merchandise subject to a countervailing
    duty investigation'' and inserted in lieu thereof ``subject
    merchandise''.
        \155\ Sec. 270(b)(1)(A) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidies'' and inserted in lieu thereof ``countervailable
    subsidies''.
    ---------------------------------------------------------------------------
        (e) \156\ Upstream Subsidy.--Whenever the administering
    authority has reasonable grounds to believe or suspect that an
    upstream subsidy, as defined in section 771A(a)(1), is being
    paid or bestowed, the administering authority shall investigate
    whether an upstream subsidy has in fact been paid or bestowed,
    and if so, shall include the amount of the upstream subsidy as
    provided in section 771A(a)(3).
    ---------------------------------------------------------------------------
        \156\ Sec. 613(b) of Public Law 98-573 (98 Stat. 1973) originally
    added subsec. (e), which was designated as subsec. (g). Sec.
    1886(a)(1)(B) of Public Law 99-514 (100 Stat. 2921) amended and
    redesignated the subsection as subsec. (c), Subsequently, sec. 1314 of
    Public Law 100-418 (102 Stat. 1185) redesignated the subsection as
    subsec. (d). Sec. 1315 of Public Law 100-418 redesignated the
    subsection as subsec. (e).
    ---------------------------------------------------------------------------
        (f) \157\ * * * [Repealed--1994]
    ---------------------------------------------------------------------------
        \157\ Sec. 261(d)(1)(B)(iii) of Public Law 103-465 (108 Stat. 4910)
    repealed subsec. (f), which provided a cross-reference to former sec.
    303.
    ---------------------------------------------------------------------------

    SEC. 702.\158\ PROCEDURES OF INITIATING A COUNTERVAILING DUTY
                        INVESTIGATION.

        (a) Initiation by Administering Authority.--A
    countervailing duty investigation shall be initiated \159\
    whenever the administering authority determines, from
    information available to it, that a formal investigation is
    warranted into the question of whether the elements necessary
    for the imposition of a duty under section 701(a) exist.
    ---------------------------------------------------------------------------
        \158\ 19 U.S.C. 1671a. Sec. 626(c) of Public Law 98-573 (98 Stat.
    3042) further provided the following:
        ``(c)(1) No provision of title VII of the Tariff Act of 1930 shall
    be interpreted to prevent the refiling of a petition under section 702
    or 732 of that title that was filed before the data of the enactment of
    this title, if the purpose of such refiling is to avail the petitioner
    of the amendment made by section 612(a)(1).
        ``(2) The amendment made by section 612(a)(1) shall not apply with
    respect to petitions filed (or refiled under paragraph (1)) under
    section 702 or 732 of the Tariff Act of 1930 after September 30,
    1986.''.
        \159\ Sec. 233(a)(6)(A) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commenced'' and inserted in lieu thereof ``initiated''.
    ---------------------------------------------------------------------------
        (b) Initiation by Petition.--
              (1) Petition requirements.--A countervailing duty
            proceeding shall be initiated \158\ whenever an
            interested party described in subparagraph (C), (D),
            (E), (F), or (G) \160\ of section 771(9) files a
            petition with the administering authority, on behalf of
            an industry, which alleges the elements necessary for
            the imposition of the duty imposed by section 701(a),
            and which is accompanied by information reasonably
            available to the petitioner supporting those
            allegations. The petition may be amended at such time,
            and upon such conditions, as the administering
            authority and the Commission may permit.
    ---------------------------------------------------------------------------
        \160\ Sec. 1326(d)(1) of Public Law 100-418 (102 Stat. 1203) added
    the reference to subpara. (G). Previously, sec. 1886(a)(2) of Public
    Law 99-514 (100 Stat. 2921) added the reference to subpara. (F).
    ---------------------------------------------------------------------------
              (2) Simultaneous filing with commission.--The
            petitioner shall file a copy of the petition with the
            Commission on the same day as it is filed with the
            administering authority.
              (3) \161\ Petition based upon a derogation of an
            international undertaking on official export credits.--
            If the sole basis of a petition filed under paragraph
            (1) \162\ is the derogation of an international
            undertaking on official export credits, the
            Administering Authority shall immediately notify the
            Secretary of the Treasury who shall, in consultation
            with the Administering Authority, within 5 days after
            the date on which the administering authority initiates
            an investigation under subsection (c) \163\ determine
            the existence and estimated value of the derogation, if
            any, and shall publish such determination in the
            Federal Register.
    ---------------------------------------------------------------------------
        \161\ Sec. 650(a) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1266) added para. (3).
        \162\ Sec. 211(a)(1) of Public Law 103-465 (108 Stat. 4842) struck
    out ``subsection 702(b)(1)'' and inserted in lieu thereof ``paragraph
    (1)''.
        \163\ Sec. 212(b)(1)(E) of Public Law 103-465 (108 Stat. 4848)
    struck out ``twenty days'' and inserted in lieu thereof ``5 days after
    the date on which the administering authority initiates an
    investigation under subsection (c)''.
    ---------------------------------------------------------------------------
              (4) \164\ Action with respect to petitions.--
    ---------------------------------------------------------------------------
        \164\ Sec. 211(a)(2) of Public Law 103-465 (108 Stat. 4842) added
    para. (4).
    ---------------------------------------------------------------------------
                      (A) Notification of governments.--Upon
                    receipt of a petition filed under paragraph
                    (1), the administering authority shall--
                              (i) notify the government of any
                            exporting country named in the petition
                            by delivering a public version of the
                            petition to an appropriate
                            representative of such country; and
                              (ii) provide the government of any
                            exporting country named in the petition
                            that is a Subsidies Agreement country
                            an opportunity for consultations with
                            respect to the petition.
                      (B) Acceptance of communications.--The
                    administering authority shall not accept any
                    unsolicited oral or written communication from
                    any person other than an interested party
                    described in section 771(9) (C), (D), (E), (F),
                    or (G) before the administering authority makes
                    its decision whether to initiate an
                    investigation, except as provided in
                    subparagraph (A)(ii) and subsection (c)(4)(D),
                    and except for inquiries regarding the status
                    of the administering authority's consideration
                    of the petition.
                      (C) Nondisclosure of certain information.--
                    The administering authority and the Commission
                    shall not disclose information with regard to
                    any draft petition submitted for review and
                    comment before it is filed under paragraph (1).
        (c) \165\ Petition Determination.--
    ---------------------------------------------------------------------------
        \165\ Sec. 212(a)(1) of Public Law 103-465 (108 Stat. 4843) amended
    and restated subsec. (c).
    ---------------------------------------------------------------------------
              (1) In general.--
                      (A) Time for initial determination.--Except
                    as provided in subparagraph (B), within 20 days
                    after the date on which a petition is filed
                    under subsection (b), the administering
                    authority shall--
                              (i) after examining, on the basis of
                            sources readily available to the
                            administering authority, the accuracy
                            and adequacy of the evidence provided
                            in the petition, determine whether the
                            petition alleges the elements necessary
                            for the imposition of a duty under
                            section 701(a) and contains information
                            reasonably available to the petitioner
                            supporting the allegations, and
                              (ii) determine if the petition has
                            been filed by or on behalf of the
                            industry.
                      (B) Extension of time.--In any case in which
                    the administering authority is required to poll
                    or otherwise determine support for the petition
                    by the industry under paragraph (4)(D), the
                    administering authority may, in exceptional
                    circumstances, apply subparagraph (A) by
                    substituting ``a maximum of 40 days'' for ``20
                    days''.
                      (C) Time limits where petition involves same
                    merchandise as an order that has been
                    revoked.--If a petition is filed under this
                    section with respect to merchandise that was
                    the subject merchandise of--
                              (i) a countervailing duty order that
                            was revoked under section 751(d) in the
                            24 months preceding the date the
                            petition is filed, or
                              (ii) a suspended investigation that
                            was terminated under section 751(d) in
                            the 24 months preceding the date the
                            petition is filed,
                    the administering authority and the Commission
                    shall, to the maximum extent practicable,
                    expedite any investigation initiated under this
                    section with respect to the petition.
              (2) Affirmative determinations.--If the
            determinations under clauses (i) and (ii) of paragraph
            (1)(A) are affirmative, the administering authority
            shall initiate an investigation to determine whether a
            countervailable subsidy is being provided with respect
            to the subject merchandise.
              (3) Negative determinations.--If the determination
            under clause (i) or (ii) of paragraph (1)(A) is
            negative, the administering authority shall dismiss the
            petition, terminate the proceeding, and notify the
            petitioner in writing of the reasons for the
            determination.
              (4) Determination of industry support.--
                      (A) General rule.--For purposes of this
                    subsection, the administering authority shall
                    determine that the petition has been filed by
                    or on behalf of the industry, if--
                              (i) the domestic producers or workers
                            who support the petition account for at
                            least 25 percent of the total
                            production of the domestic like
                            product, and
                              (ii) the domestic producers or
                            workers who support the petition
                            account for more than 50 percent of the
                            production of the domestic like product
                            produced by that portion of the
                            industry expressing support for or
                            opposition to the petition.
                      (B) Certain positions disregarded.--
                              (i) Producers related to foreign
                            producers.--In determining industry
                            support under subparagraph (A), the
                            administering authority shall disregard
                            the position of domestic producers who
                            oppose the petition, if such producers
                            are related to foreign producers, as
                            defined in section 771(4)(B)(ii),
                            unless such domestic producers
                            demonstrate that their interests as
                            domestic producers would be adversely
                            affected by the imposition of a
                            countervailing duty order.
                              (ii) Producers who are importers.--
                            The administering authority may
                            disregard the position of domestic
                            producers of a domestic like product
                            who are importers of the subject
                            merchandise.
                      (C) Special rule for regional industries.--If
                    the petition alleges that the industry is a
                    regional industry, the administering authority
                    shall determine whether the petition has been
                    filed by or on behalf of the industry by
                    applying subparagraph (A) on the basis of
                    production in the region.
                      (D) Polling the industry.--If the petition
                    does not establish support of domestic
                    producers or workers accounting for more than
                    50 percent of the total production of the
                    domestic like product, the administering
                    authority shall--
                              (i) poll the industry or rely on
                            other information in order to determine
                            if there is support for the petition as
                            required by subparagraph (A), or
                              (ii) if there is a large number of
                            producers in the industry, the
                            administering authority may determine
                            industry support for the petition by
                            using any statistically valid sampling
                            method to poll the industry.
                      (E) Comments by interested parties.--Before
                    the administering authority makes a
                    determination with respect to initiating an
                    investigation, any person who would qualify as
                    an interested party under section 771(9) if an
                    investigation were initiated, may submit
                    comments or information on the issue of
                    industry support. After the administering
                    authority makes a determination with respect to
                    initiating an investigation, the determination
                    regarding industry support shall not be
                    reconsidered.
              (5) Definition of domestic producers or workers.--For
            purposes of this subsection, the term ``domestic
            producers or workers'' means those interested parties
            who are eligible to file a petition under subsection
            (b)(1).\166\
    ---------------------------------------------------------------------------
        \166\ Sec. 20(b)(3) of Public Law 104-295 (110 Stat. 3527) struck
    out ``(b)(1)(A)'' and inserted in lieu thereof ``(b)(1)''.
    ---------------------------------------------------------------------------
        (d) Notification to Commission of Determination.--The
    administering authority shall--
              (1) notify the Commission immediately of any
            determination it makes under subsection (a) or (c), and
              (2) if the determination is affirmative, make
            available to the Commission such information as it may
            have relating to the matter under investigation, under
            such procedures as the administering authority and the
            Commission may establish to prevent disclosure, other
            than with the consent of the party providing it or
            under protective order, of any information to which
            confidential treatment has been given by the
            administering authority.
      (e) \167\ Information Regarding Critical Circumstances.--If,
    at any time after the initiation of an investigation under this
    subtitle, the administering authority finds a reasonable basis
    to suspect that the alleged countervailable subsidy \168\ is
    inconsistent with the Subsidies Agreement,\169\ the
    administering authority may request the Commissioner of Customs
    to compile information on an expedited basis regarding entries
    of the subject merchandise.\170\ Upon receiving such request,
    the Commissioner of Customs shall collect information regarding
    the volume and value of entries of the subject merchandise
    \170\ and shall transmit such information to the administering
    authority at such times as the administering authority shall
    direct (at least once every 30 days), until a final
    determination is made under section 705(a), the investigation
    is terminated, or the administering authority withdraws the
    request.
    ---------------------------------------------------------------------------
        \167\ Sec. 1324(a) of Public Law 100-418 (102 Stat. 1199) added
    subsec. (e). Sec. 1337(c) of that Act further stated that the
    amendments made by sec. 1324 shall only apply with respect to
    investigations initiated after the date of enactment of that Act.
        \168\ Sec. 270(a)(1)(A) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
        \169\ Sec. 270(d) of Public Law 103-465 (108 Stat. 4918) struck out
    ``Agreement'' and inserted in lieu thereof ``Subsidies Agreement''.
        \170\ Sec. 233(a)(5)(B) of Public Law 103-465 (108 Stat. 4899)
    struck out ``class or kind of merchandise that is the subject of the
    investigation'' each place it appeared and inserted in lieu thereof
    ``subject merchandise''.
    ---------------------------------------------------------------------------

    SEC. 703.\171\ PRELIMINARY DETERMINATIONS.

        (a) \172\ Determination by Commission of Reasonable
    Indication of Injury.--
    ---------------------------------------------------------------------------
        \171\ 19 U.S.C. 1671b.
        \172\ Sec. 212(b)(1)(A) of Public Law 103-465 (108 Stat. 4847)
    amended and restated subsec. (a).
    ---------------------------------------------------------------------------
              (1) General rule.--Except in the case of a petition
            dismissed by the administering authority under section
            702(c)(3), the Commission, within the time specified in
            paragraph (2), shall determine, based on the
            information available to it at the time of the
            determination, whether there is a reasonable indication
            that--
                      (A) an industry in the United States--
                              (i) is materially injured, or
                              (ii) is threatened with material
                            injury, or
                      (B) the establishment of an industry in the
                    United States is materially retarded, by reason
                    of imports of the subject merchandise and that
                    imports of the subject merchandise are not
                    negligible. If the Commission finds that
                    imports of the subject merchandise are
                    negligible or otherwise makes a negative
                    determination under this paragraph, the
                    investigation shall be terminated.
              (2) Time for commission determination.--The
            Commission shall make the determination described in
            paragraph (1)--
                      (A) in the case of a petition filed under
                    section 702(b)--
                              (i) within 45 days after the date on
                            which the petition is filed, or
                              (ii) if the time has been extended
                            pursuant to section 702(c)(1)(B),
                            within 25 days after the date on which
                            the Commission receives notice from the
                            administering authority of initiation
                            of the investigation, and
                      (B) in the case of an investigation initiated
                    under section 702(a), within 45 days after the
                    date on which the Commission receives notice
                    from the administering authority that an
                    investigation has been initiated under such
                    section.
        (b)(1) \173\ Preliminary Determination by Administering
    Authority.--Within 65 days after the date on which the
    administering authority initiates an investigation under
    section 702(c) \174\, or an investigation is initiated \175\
    under section 702(a), but not before an affirmative
    determination by the Commission under subsection (a) of this
    section, the administering authority shall make a
    determination, based on the information \176\ available to it
    at the time of the determination, of whether there is a
    reasonable basis to believe or suspect that a countervailable
    subsidy \177\ is being provided with respect to the subject
    merchandise.\178\
    ---------------------------------------------------------------------------
        \173\ Sec. 650(b) of the Export-Import Bank Act Amendments of 1983
    (Public Law 98-181; 97 Stat. 1266) inserted the paragraph designation
    ``(1)'' and added a new para. (2).
        \174\ Sec. 212(b)(1)(C)(i)(I) of Public Law 103-465 (108 Stat.
    4848) struck out ``85 days after the date on which a petition is filed
    under section 702(b)'' and inserted in lieu thereof ``65 days after the
    date on which the administering authority initiates an investigation
    under section 702(c)''.
        \175\ Sec. 233(a)(6)(A)(iii) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commenced'' and inserted in lieu thereof ``initiated''.
        \176\ Sec. 212(b)(1)(C)(i)(II) of Public Law 103-465 (108 Stat.
    4848) struck out ``best information'' and inserted in lieu thereof
    ``information''.
        \177\ Sec. 270(a)(1)(B) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
        \178\ Sec. 233(a)(5)(C) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''. Sec.
    212(b)(1)(C)(i)(III) of that Act (108 Stat. 4848) struck out a sentence
    at this point that read: ``If the determination of the administering
    authority under this subsection is affirmative, the determination shall
    include an estimate of the net subsidy.''.
    ---------------------------------------------------------------------------
        (2) \173\ Notwithstanding paragraph (1),\179\ when the
    petition is one subject to section 702(b)(3),\179\ the
    Administering Authority shall, taking into account the nature
    of the countervailable subsidy \180\ concerned, make the
    determination required by paragraph (1) \179\ on an expedited
    basis and within 65 days after the date on which the
    administering authority initiates an investigation under
    section 702(c) \181\ unless the provisions of subsection (c) of
    this section \179\ apply.
    ---------------------------------------------------------------------------
        \179\ Sec. 264(c)(1) of Public Law 103-465 (108 Stat. 4914) struck
    out ``subsection (b)(1)'' and inserted in lieu thereof ``paragraph
    (1)''; struck out ``subsection 702(b)(3)'' and inserted in lieu thereof
    ``section 702(b)(3)''; struck out subsection 703(b)(1)'' and inserted
    in lieu thereof ``paragraph (1)''; and struck out ``section 703(c)''
    and inserted in lieu thereof ``subsection (c) of this section''.
        \180\ Sec. 270(a)(1)(C) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
        \181\ Sec. 212(b)(1)(C)(ii) of Public Law 103-465 (108 Stat. 4848)
    struck out ``85 days after the date on which the petition is filed
    under section 702(b)'' and inserted in lieu thereof ``65 days after the
    date on which the administering authority initiates an investigation
    under section 702(c)''.
    ---------------------------------------------------------------------------
        (3) \182\ Preliminary determination under waiver of
    verification.--Within 55 days after the initiation of an
    investigation the administering authority shall cause an
    official designated for such purpose to review the information
    concerning the case received during the first 50 days of the
    investigation, and, if there appears to be sufficient
    information available upon which the determination can
    reasonably be based, to disclose to the petitioner and any
    interested party, then a party to the proceedings that requests
    such disclosure, all available nonconfidential information and
    all other information which is disclosed pursuant to section
    777. Within 3 days (not counting Saturdays, Sundays, or legal
    public holidays) after such disclosure, the petitioner and each
    party which is an interested party described in subparagraph
    (C), (D), (E), (F), or (G) \160\ of section 771(9) to whom such
    disclosure was made may furnish to the administering authority
    an irrevocable written waiver of verification of the
    information received by the authority, and an agreement that is
    willing to have a determination made on the basis of the record
    then available to the authority. If a timely waiver and
    agreement have been received from the petitioner and each party
    which is an interested party described in subparagraph (C),
    (D), (E), (F), or (G) \160\ of section 771(9) to whom the
    disclosure was made, and the authority finds that sufficient
    information is then available upon which the preliminary
    determination can reasonably be based, a preliminary
    determination shall be made on an expedited basis on the basis
    of the record established during the first 50 days after the
    investigation was initiated.
    ---------------------------------------------------------------------------
        \182\ Sec. 603 of Public Law 98-573 (98 Stat. 3024) added para.
    (3).
    ---------------------------------------------------------------------------
        (4) \183\ De minimis countervailable subsidy.--
    ---------------------------------------------------------------------------
        \183\ Sec. 263(a) of Public Law 103-465 (108 Stat. 4911) added
    para. (4).
    ---------------------------------------------------------------------------
              (A) General rule.--In making a determination under
            this subsection, the administering authority shall
            disregard any de minimis countervailable subsidy. For
            purposes of the preceding sentence, a countervailable
            subsidy is de minimis if the administering authority
            determines that the aggregate of the net
            countervailable subsidies is less than 1 percent ad
            valorem or the equivalent specific rate for the subject
            merchandise.
              (B) Exception for developing countries.--In the case
            of subject merchandise imported from a Subsidies
            Agreement country (other than a country to which
            subparagraph (C) applies) designated by the Trade
            Representative as a developing country in accordance
            with section 771(36), a countervailable subsidy is de
            minimis if the administering authority determines that
            the aggregate of the net countervailable subsidies does
            not exceed 2 percent ad valorem or the equivalent
            specific rate for the subject merchandise.
              (C) Certain other developing countries.--In the case
            of subject merchandise imported from a Subsidies
            Agreement country that is--
                      (i) a least developed country, as determined
                    by the Trade Representative in accordance with
                    section 771(36), or
                      (ii) a developing country with respect to
                    which the Trade Representative has notified the
                    administering authority that the country has
                    eliminated its export subsidies on an expedited
                    basis within the meaning of Article 27.11 of
                    the Subsidies Agreement,
            subparagraph (B) shall be applied by substituting ``3
            percent'' for ``2 percent''.
              (D) Limitations on application of subparagraph (c).--
                      (i) In general.--In the case of a country
                    described in subparagraph (C)(i), the
                    provisions of subparagraph (C) shall not apply
                    after the date that is 8 years after the date
                    the WTO Agreement enters into force.
                      (ii) Special rule for subparagraph (c)(ii)
                    countries.--In the case of a country described
                    in subparagraph (C)(ii), the provisions of
                    subparagraph (C) shall not apply after the
                    earlier of--
                              (I) the date that is 8 years after
                            the date the WTO Agreement enters into
                            force, or
                              (II) the date on which the Trade
                            Representative notifies the
                            administering authority that such
                            country is providing an export subsidy.
        (5) \184\ Notification of article 8 violation.--If the only
    subsidy under investigation is a subsidy with respect to which
    the administering authority received notice from the Trade
    Representative of a violation of Article 8 of the Subsidies
    Agreement, paragraph (1) shall be applied by substituting ``60
    days'' for ``65 days''.
    ---------------------------------------------------------------------------
        \184\ Sec. 283(a) of Public Law 103-465 (108 Stat. 4930) added
    para. (5).
    ---------------------------------------------------------------------------
        (c) Extension of Period in Extraordinarily Complicated
    Cases.--
              (1) In general.--If--
                      (A) the petitioner makes a timely request for
                    an extension of the period within which the
                    determination must be made under subsection
                    (b), or
                      (B) the administering authority concludes
                    that the parties concerned are cooperating and
                    determines that--
                              (i) the case is extraordinarily
                            complicated by reason of--
                                      (I) the number and complexity
                                    of the alleged countervailable
                                    subsidy \185\ practices;
    ---------------------------------------------------------------------------
        \185\ Sec. 270(a)(1)(D) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
    ---------------------------------------------------------------------------
                                      (II) the novelty of the
                                    issues presented;
                                      (III) the need to determine
                                    the extent to which particular
                                    countervailable subsidies \186\
                                    are used by individual
                                    manufacturers, producers, and
                                    exporters; or
    ---------------------------------------------------------------------------
        \186\ Sec. 270(b)(1)(B) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidies'' and inserted in lieu thereof ``countervailable
    subsidies''.
    ---------------------------------------------------------------------------
                                      (IV) the number of firms
                                    whose activities must be
                                    investigated; and
                              (ii) additional time is necessary to
                            make the preliminary determination,
            then the administering authority may postpone making
            the preliminary determination under subsection (b)
            until not later than the 130th day after the date on
            which the administering authority initiates an
            investigation under section 702(c),\187\ or an
            investigation is initiated \188\ under section 702(a).
    ---------------------------------------------------------------------------
        \187\ Sec. 212(b)(1)(D) of Public Law 103-465 (108 Stat. 4848)
    struck out ``150th day after the date on which a petition is filed
    under section 702(b)'' and inserted in lieu thereof ``130th day after
    the date on which the administering authority initiates an
    investigation under section 702(c)''.
        \188\ Sec. 233(a)(6)(A)(iv) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commenced'' and inserted in lieu thereof ``initiated''.
    ---------------------------------------------------------------------------
              (2) Notice of postponement.--The administering
            authority shall notify the parties to the
            investigation, not later than 20 days before the date
            on which the preliminary determination would otherwise
            be required under subsection (b), if it intends to
            postpone making the preliminary determination under
            paragraph (1). The notification shall include an
            explanation of the reasons for the postponement. Notice
            of the postponement shall be published in the Federal
            Register.
        (d) Effect of Determination by the Administering
    Authority.--If the preliminary determination of the
    administering authority under subsection (b) is affirmative,
    the administering authority--
              (1) \189\ (A) shall--
    ---------------------------------------------------------------------------
        \189\ Sec. 264(a) of Public Law 103-465 (108 Stat. 4912) struck out
    para. (2) in subsec. (d), redesignated para. (1) as para. (2), added
    ``and'' at the end of that paragraph, and added a new para. (1).
    ---------------------------------------------------------------------------
                      (i) determine an estimated individual
                    countervailable subsidy rate for each exporter
                    and producer individually investigated, and, in
                    accordance with section 705(c)(5), an estimated
                    all-others rate for all exporters and producers
                    not individually investigated and for new
                    exporters and producers within the meaning of
                    section 751(a)(2)(B), or
                      (ii) if section 777A(e)(2)(B) applies,
                    determine a single estimated country-wide
                    subsidy rate, applicable to all exporters and
                    producers, and
              (B) shall order the posting of a cash deposit, bond,
            or other security, as the administering authority deems
            appropriate, for each entry of the subject merchandise
            in an amount based on the estimated individual
            countervailable subsidy rate, the estimated all-others
            rate, or the estimated country-wide subsidy rate,
            whichever is applicable,
              (2) shall order the suspension of liquidation of all
            entries of merchandise subject to the determination
            which are entered, or withdrawn from warehouse,\190\
            for consumption on or after the later of--
                      (A) the date on which notice of the
                    determination is published in the Federal
                    Register, or
                      (B) the date that is 60 days after the date
                    on which notice of the determination to
                    initiate the investigation is published in the
                    Federal Register,\190\ and \189\
    ---------------------------------------------------------------------------
        \190\ Sec. 215(a)(1)(A) of Public Law 103-465 (108 Stat. 4852)
    struck out ``warehouse, for consumption on or after the date of
    publication of the notice of the determination in the Federal
    Register'' and inserted in lieu thereof language from ``warehouse''
    through subpara. (B).
    ---------------------------------------------------------------------------
              (3) shall make available to the Commission all
            information upon which its determination was based and
            which the Commission considers relevant to its injury
            determination, under such procedures as the
            administering authority and the Commission may
            establish to prevent disclosure, other than with the
            consent of the party providing it or under protective
            order, of any information to which confidential
            treatment has been given by the administering
            authority.
    The instructions of the administering authority under
    paragraphs (1) and (2) may not remain in effect for more than 4
    months.\191\
    ---------------------------------------------------------------------------
        \191\ Sec. 215(a)(1)(B) of Public Law 103-465 (108 Stat. 4852)
    added this sentence.
    ---------------------------------------------------------------------------
        (e) Critical Circumstances Determinations.--
              (1) In general.--If a petitioner alleges critical
            circumstances in its original petition, or by amendment
            at any time more than 20 days before the date of a
            final determination by the administering authority,
            then the administering authority shall promptly (at any
            time after the initiation of the investigation under
            this subtitle) \192\ determine, on the basis of the
            information \193\ available to it at that time, whether
            there is a reasonable basis to believe or suspect
            that--
    ---------------------------------------------------------------------------
        \192\ Sec. 1324(a)(2) of Public Law 100-418 (102 Stat. 1200) added
    ``(at any time after the initiation of the investigation under this
    subtitle)''.
        \193\ Sec. 214(a)(1)(A) of Public Law 103-465 (108 Stat. 4850)
    struck out ``best information'' and inserted in lieu thereof
    ``information''.
    ---------------------------------------------------------------------------
                      (A) \194\ the alleged countervailable subsidy
                    is inconsistent with the Subsidies Agreement,
                    and
    ---------------------------------------------------------------------------
        \194\ Sec. 214(a)(1)(A) of Public Law 103-465 (108 Stat. 4850)
    amended and restated subparas. (A) and (B).
    ---------------------------------------------------------------------------
                      (B) \194\ there have been massive imports of
                    the subject merchandise over a relatively short
                    period.
              (2) Suspension of liquidation.--If the determination
            of the administering authority under paragraph (1) is
            affirmative, then any suspension of liquidation ordered
            under subsection (d)(2) \195\ shall apply, or, if
            notice of such suspension of liquidation is already
            published, be amended to apply, to unliquidated entries
            of merchandise entered, or withdrawn from
            warehouse,\196\ for consumption on or after the later
            of--
    ---------------------------------------------------------------------------
        \195\ Sec. 264(c)(2) of Public Law 103-465 (108 Stat. 4914) struck
    out ``subsection (d)(1)'' and inserted in lieu thereof ``subsection
    (d)(2)''.
        \196\ Sec. 215(a)(2) of Public Law 103-465 (108 Stat. 4852) struck
    out ``warehouse, for consumption on or after the date which is 90 days
    before the date on which suspension of liquidation was first ordered''
    and inserted language from ``warehouse,'' through subpara. (B).
    ---------------------------------------------------------------------------
                      (A) the date which is 90 days before the date
                    on which the suspension of liquidation was
                    first ordered, or
                      (B) the date on which notice of the
                    determination to initiate the investigation is
                    published in the Federal Register.
        (f) \197\ Notice of Determination.--Whenever the Commission
    or the administering authority makes a determination under this
    section, the Commission or the administering authority, as the
    case may be, shall notify the petitioner, and other parties to
    the investigation, and the Commission or the administering
    authority (whichever is appropriate) of its determination. The
    administering authority shall include with such notification
    the facts and conclusions on which its determination is based.
    Not later than 5 days after the date on which the determination
    is required to be made under subsection (a)(2), the Commission
    shall transmit to the administering authority the facts and
    conclusions on which its determination is based.
    ---------------------------------------------------------------------------
        \197\ Sec. 212(b)(1)(F) of Public Law 103-465 (108 Stat. 4848)
    amended and restated subsec. (f).
    ---------------------------------------------------------------------------
        (g) \198\ Time Period Where Upstream Subsidization
    Involved.--
    ---------------------------------------------------------------------------
        \198\ Originally added as subsec. (h) by sec. 613(c) of Public Law
    98-573 (98 Stat. 3036). Sec. 1886(a)(3) of Public Law 99-514 (100 Stat.
    2921) redesignated subsec. (h) as subsec. (g).
    ---------------------------------------------------------------------------
              (1) In general.--Whenever the administering authority
            concludes prior to a preliminary determination under
            section 703(b), that there is a reasonable basis to
            believe or suspect that an upstream subsidy is being
            bestowed, the time period within which a preliminary
            determination must be made shall be extended to 250
            days after the filing of a petition under section
            702(b) or initiation \199\ of an investigation under
            section 702(a) (310 days in cases declared
            extraordinarily complicated under section 703(c)), if
            the administering authority concludes that such
            additional time is necessary to make the required
            determination concerning upstream subsidization.
    ---------------------------------------------------------------------------
        \199\ Sec. 233(a)(6)(B) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commencement'' and inserted in lieu thereof
    ``initiation''.
    ---------------------------------------------------------------------------
              (2) Exceptions.--Whenever the administering authority
            concludes, after a preliminary determination under
            section 703(b), that there is a reasonable basis to
            believe or suspect that an upstream subsidy is being
            bestowed--
                      (A) in cases in which the preliminary
                    determination was negative, the time period
                    within which a final determination must be made
                    shall be extended to 165 or 225 days, as
                    appropriate, under section 705(a)(1); \200\ or
    ---------------------------------------------------------------------------
        \200\ Sec. 1886(a)(3)(A) of Public Law 99-514 (100 Stat. 2921)
    struck out ``days under section 705(a)(1) or 225 days under section
    705(a)(2), as appropriate'' and inserted in lieu thereof the words to
    this point beginning with ``or 225 days''.
    ---------------------------------------------------------------------------
                      (B) in cases in which the preliminary
                    determination is affirmative, the determination
                    concerning upstream subsidization--
                              (i) need not be made until the
                            conclusion of the first annual review
                            under section 751 of any eventual
                            Countervailing Duty Order, or, at the
                            option of the petitioner, or
                              (ii) will be made in the
                            investigation and the time period
                            within which a final determination must
                            be made shall be extended to 165 or 225
                            days as appropriate under section
                            705(a)(1),\201\ as appropriate, except
                            that the suspension of liquidation
                            ordered in the preliminary
                            determination shall terminate at the
                            end of 120 days from the date of
                            publication of that determination and
                            not be resumed unless and until the
                            publication of a Countervailing Duty
                            Order under section 706(a).
    ---------------------------------------------------------------------------
        \201\ Sec. 1886(a)(3)(A) of Public Law 99-514 (100 Stat. 2921)
    struck out ``days under section 705(a)(2)'' and inserted in lieu
    thereof the words to this point beginning with ``or 225 days as
    appropriate''. The words ``as appropriate'' following this note
    probably should have been deleted.
    ---------------------------------------------------------------------------
    There may be an extension of time for the making of a final
    determination under this subsection only if the administering
    authority determines that such additional time is necessary to
    make the required determination concerning upstream
    subsidization.

    SEC. 704.\202\ TERMINATION OR SUSPENSION OF INVESTIGATION.

        (a) \203\ Termination of Inspection Upon Withdrawal of
    Petition.--
    ---------------------------------------------------------------------------
        \202\ 19 U.S.C. 1671c.
        \203\ Sec. 604(a)(1) of Public Law 98-573 (98 Stat. 3025) amended
    and restated subsec. (a).
    ---------------------------------------------------------------------------
              (1) In general.--
                      (A) \204\ Withdrawal of petition.--Except as
                    provided in paragraphs (2) and (3), an
                    investigation under this subtitle may be
                    terminated by either the administering
                    authority or the Commission, after notice to
                    all parties to the investigation, upon
                    withdrawal of the petition by the petitioner or
                    by the administering authority if the
                    investigation was initiated under section
                    702(a).
    ---------------------------------------------------------------------------
        \204\ Sec. 217(a) of Public Law 103-465 (108 Stat. 4853) struck out
    ``Except'', inserted in lieu thereof ``(A) Withdrawal of petition.--
    Except'', indented the newly designated subpara. (A), and added new
    subpara. (B).
    ---------------------------------------------------------------------------
                      (B) Refiling of petition.--If, within 3
                    months after the withdrawal of a petition under
                    subparagraph (A), a new petition is filed
                    seeking the imposition of duties on both the
                    subject merchandise of the withdrawn petition
                    and the subject merchandise from another
                    country, the administering authority and the
                    Commission may use in the investigation
                    initiated pursuant to the new petition any
                    records compiled in an investigation conducted
                    pursuant to the withdrawn petition. This
                    subparagraph applies only with respect to the
                    first withdrawal of a petition.
              (2) Special rules for quantitative restriction
            agreements.--
                      (A) In general.--Subject to subparagraphs (B)
                    and (C), the administering authority may not
                    terminate an investigation under paragraph (1)
                    by accepting, with the government of the
                    country in which the countervailable subsidy
                    \205\ practice is alleged to occur, an
                    understanding or other kind of agreement to
                    limit the volume of imports into the United
                    States of the subject merchandise \206\ unless
                    the administering authority is satisfied that
                    termination on the basis on that agreement is
                    in the public interest.
    ---------------------------------------------------------------------------
        \205\ Sec. 270(a)(1)(E) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' each place it appeared and inserted in lieu
    thereof ``countervailable subsidy''.
        \206\ Sec. 233(a)(5)(D) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise that is subject to the investigation'' and
    inserted in lieu thereof ``subject merchandise''.
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                      (B) Public interest factors.--In making a
                    decision under subparagraph (A) regarding the
                    public interest, the administering authority
                    shall take into account--
                              (i) whether, based upon the relative
                            impact on consumer prices and the
                            availability of supplies of the
                            merchandise, the agreement would have a
                            greater adverse impact on United States
                            consumers than the imposition of
                            countervailing duties;
                              (ii) the relative impact on the
                            international economic interests of the
                            United States; and
                              (iii) the relative impact on the
                            competitiveness of the domestic
                            industry producing the like
                            merchandise, including any such impact
                            on employment and investment in that
                            industry.
                      (C) Prior consultations.--Before making a
                    decision under subparagraph (A) regarding the
                    public interest, the administering authority
                    shall, to the extent practicable, consult
                    with--
                              (i) potentially affected consuming
                            industries; and
                              (ii) potentially affected producers
                            and workers in the domestic industry
                            producing the like merchandise,
                            including producers and workers not
                            party to the investigation.
              (3) Limitation on termination by commission.--The
            Commission may not terminate an investigation under
            paragraph (1) before a preliminary determination is
            made by the administering authority under section
            703(b).
        (b) \207\ Agreements To Eliminate or Offset Completely a
    Countervailable Subsidy or To Cease Exports of Subject
    Merchandise.--The administering authority may suspend an
    investigation if the government of the country in which the
    countervailable subsidy \205\ practice is alleged to occur
    agrees, or exporters who account for substantially all of the
    imports of the subject merchandise \208\ agree--
    ---------------------------------------------------------------------------
        \207\ Sec. 270(a)(1)(E) and sec. 270(a)(2)(A) of Public Law 103-465
    (108 Stat. 4917) both struck out ``Subsidy'' and inserted in lieu
    thereof ``Countervailable Subsidy'' in the subsection heading. Sec.
    270(c)(1) of that Act struck out ``Subsidized Merchandise'' and
    inserted in lieu thereof ``Subject Merchandise'' in the subsection
    heading.
        \208\ Sec. 233(a)(5)(E) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (1) to eliminate the countervailable subsidy \205\
            completely or to offset completely the amount of the
            net countervailable subsidy,\205\ with respect to that
            merchandise exported directly or indirectly to the
            United States, within 6 months after the date on which
            the investigation is suspended, or
              (2) to cease exports of the merchandise to the United
            States within 6 months after the date on which the
            investigation is suspended.
        (c) Agreements Eliminating Injurious Effect.--
              (1) General rule.--If the administering authority
            determines that extraordinary circumstances are present
            in a case, it may suspend an investigation upon the
            acceptance of an agreement from a government described
            in subsection (b) or from exporters described in
            subsection (b), if the agreement will eliminate
            completely the injurious effect of the exports to the
            United States of the subject merchandise.\209\
    ---------------------------------------------------------------------------
        \209\ Sec. 233(a)(5)(F) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (2) Certain additional requirements.--Except in the
            case of an agreement by a foreign government to
            restrict the volume of imports of the subject
            merchandise \210\ into the United States, the
            administering authority may not accept an agreement
            under this subsection unless--
    ---------------------------------------------------------------------------
        \210\ Sec. 233(a)(5)(G) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
                      (A) the suppression or undercutting of price
                    levels of domestic products by imports of that
                    merchandise will be prevented, and
                      (B) at least 85 percent of the net
                    countervailable subsidy \205\ will be offset.
              (3) Quantitative restrictions agreements.--The
            administering authority may accept an agreement with a
            foreign government under this subsection to restrict
            the volume of imports of subject merchandise \211\ into
            the United States, but it may not accept such an
            agreement with exporters.
    ---------------------------------------------------------------------------
        \211\ Sec. 233(a)(5)(H) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
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              (4) Definition of extraordinary circumstances.--
                      (A) Extraordinary circumstances.--For
                    purposes of this subsection, the term
                    ``extraordinary circumstances'' means
                    circumstances in which--
                              (i) suspension of an investigation
                            will be more beneficial to the domestic
                            industry than continuation of the
                            investigation, and
                              (ii) the investigation is complex.
                      (B) Complex.--For purposes of this paragraph,
                    the term ``complex'' means--
                              (i) there are a large number of
                            alleged countervailable subsidy \205\
                            practices and the practices are
                            complicated,
                              (ii) the issues raised are novel, or
                              (iii) the number of exporters
                            involved is large.
        (d) Additional Rules and Conditions.--
              (1) Public interest; monitoring.--The administering
            authorities shall not accept an agreement under
            subsection (b) or (c) unless--
                      (A) it is satisfied that suspension of the
                    investigation is in the public interest, and
                      (B) effective monitoring of the agreement by
                    the United States is practicable.
            Where practicable, the administering authority shall
            provide to the exporters who would have been subject to
            the agreement the reasons for not accepting the
            agreement and, to the extent possible, an opportunity
            to submit comments thereon. In applying \212\
            subparagraph (A) with respect to any quantitative
            restriction agreement under subsection (c), the
            administering authority shall take into account, in
            addition to such other factors as are considered
            necessary or appropriate, the factors set forth in
            subsection (a)(2)(B) (i), (ii), and (iii) as they apply
            to the proposed suspension and agreement, after
            consulting with the appropriate consuming industries,
            producers, and workers referred to in subsection
            (a)(2)(C) (i) and (ii).\213\
    ---------------------------------------------------------------------------
        \212\ Sec. 216(a) of Public Law 103-465 (108 Stat. 4853) struck out
    ``In applying'' and inserted text to this point beginning with ``Where
    practicable,''.
        \213\ Sec. 604(a)(2) of Public Law 98-573 (98 Stat. 3026) amended
    subsec. (d) by adding the final sentence in para. (1), by striking out
    para. (2), and by redesignating existing para. (3) as para. (2).
    Subsequently, sec. 1886(a)(4) of Public Law 99-514 (100 Stat. 2921)
    redesignated para. (2) as para. (3) and reinserted the para. (2)
    deleted by Public Law 98-573.
    ---------------------------------------------------------------------------
              (2) \213\ Exports of merchandise to united states not
            to increase during interim period.--The administering
            authority may not accept any agreement under subsection
            (b) unless that agreement provides a means of ensuring
            that the quantity of the merchandise covered by that
            agreement exported to the United States during the
            period provided for elimination or offset of the
            countervailable subsidy \205\ or cessation of exports
            does not exceed the quantity of such merchandise
            exported to the United States during the most recent
            representative period determined by the administering
            authority.
              (3) \213\ Regulations governing entry or
            withdrawals.--In order to carry out an agreement
            concluded under subsection (b) or (c), administering
            authority is authorized to prescribe regulations
            governing the entry, or withdrawal from warehouse, for
            consumption of subject merchandise.\214\
    ---------------------------------------------------------------------------
        \214\ Sec. 233(a)(5)(I) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise covered by such agreement'' and inserted in
    lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
        (e) Suspension of Investigation Procedure.--Before an
    investigation may be suspended under subsection (b) or (c) the
    administering authority shall--
              (1) notify the petitioner of, and consult with the
            petitioner concerning, its intention to suspend the
            investigation, and notify other parties to the
            investigation and the Commission not less than 30 days
            before the date on which it suspends the investigation.
              (2) provide a copy of the proposed agreement to the
            petitioner at the time of the notification, together
            with an explanation of how the agreement will be
            carried out and enforced (including any action required
            of foreign governments), and of how the agreement will
            meet the requirements of subsections (b) and (d) or (c)
            and (d), and
              (3) permit all interested parties described in
            section 771(9) \215\ to submit comments and information
            for the record before the date on which notice of
            suspension of the investigation is published under
            subsection (f)(1)(A).
    ---------------------------------------------------------------------------
        \215\ Sec. 604(a)(3) of Public Law 98-573 (98 Stat. 3026) struck
    out ``all parties to the investigation'' and inserted in lieu thereof
    ``all interested parties described in section 771(9)''.
    ---------------------------------------------------------------------------
        (f) Effects of Suspension of Investigation.--
              (1) In general.--If the administering authority
            determines to suspend an investigation upon acceptance
            of an agreement described in subsection (b) or (c),
            then--
                      (A) it shall suspend the investigation,
                    publish notice of suspension of the
                    investigation, and issue an affirmative
                    preliminary determination under section 703(b)
                    with respect to the subject merchandise,\216\
                    unless it has previously issued such a
                    determination in the same investigation,
    ---------------------------------------------------------------------------
        \216\ Sec. 233(a)(5)(J) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of an investigation'' and
    inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
                      (B) the Commission shall suspend any
                    investigation it is conducting with respect to
                    that merchandise, and
                      (C) the suspension of investigation shall
                    take effect on the day on which such notice is
                    published.
              (2) Liquidation of entries.--
                      (A) Cessation of exports; complete
                    elimination of net countervailable
                    subsidy.\205\ --If the agreement accepted by
                    the administering authority is an agreement
                    described in subsection (b), then--
                              (i) notwithstanding the affirmative
                            preliminary determination required
                            under paragraph (1)(A), the liquidation
                            of entries of subject merchandise \217\
                            shall not be suspended under section
                            703(d)(2).\218\
    ---------------------------------------------------------------------------
        \217\ Sec. 233(a)(5)(K) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
        \218\ Sec. 264(c)(3)(A) of Public Law 103-465 (108 Stat. 4914)
    struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(2)''.
    ---------------------------------------------------------------------------
                              (ii) if the liquidation of entries of
                            such merchandise was suspended pursuant
                            to a previous affirmative preliminary
                            determination in the same case with
                            respect to such merchandise, that
                            suspension of liquidation shall
                            terminate, and
                              (iii) the administering authority
                            shall refund any cash deposit and
                            release any bond or other security
                            deposited under section
                            703(d)(1)(B).\219\
    ---------------------------------------------------------------------------
        \219\ Sec. 264(c)(3)(B) of Public Law 103-465 (108 Stat. 4914)
    struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(1)(B)''.
    ---------------------------------------------------------------------------
                      (B) Other agreements.--If the agreement
                    accepted by the administering authority is an
                    agreement described in subsection (c), then the
                    liquidation of entries of the subject
                    merchandise \217\ shall be suspended under
                    section 703(d)(1),\220\ or, if the liquidation
                    of entries of such merchandise was suspended
                    pursuant to a previous affirmative preliminary
                    determination in the same case, that suspension
                    of liquidation shall continue in effect,
                    subject to subsection (h)(3), but the security
                    required under section 703(d)(1)(B) \221\ may
                    be adjusted to reflect the effect of the
                    agreement.
    ---------------------------------------------------------------------------
        \220\ Sec. 264(c)(4)(A) of Public Law 103-465 (108 Stat. 4914)
    struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(2)''.
        \221\ Sec. 264(c)(4)(B) of Public Law 103-465 (108 Stat. 4914)
    struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(1)(B)''.
    ---------------------------------------------------------------------------
              (3) Where investigation is continued.--If, pursuant
            to subsection (g), the administering authority and the
            Commission continue an investigation in which an
            agreement has been accepted under subsection (b) or
            (c), then--
                      (A) if the final determination by the
                    administering authority or the Commission under
                    section 705 is negative, the agreement shall
                    have no force or effect and the investigation
                    shall be terminated, or
                      (B) if the final determinations by the
                    administering authority and the Commission
                    under such section are affirmative, the
                    agreement shall remain in force, but the
                    administering authority shall not issue a
                    countervailing duty order in the case so long
                    as--
                              (i) the agreement remains in force,
                              (ii) the agreement continues to meet
                            the requirements of subsections (b) and
                            (d) or (c) and (d), and
                              (iii) the parties to the agreement
                            carry out their obligations under the
                            agreement in accordance with its terms.
        (g) Investigation To Be Continued Upon Request.--If the
    administering authority, within 20 days after the date of
    publication of the notice of suspension of an investigation,
    receives a request for the continuation of the investigation
    from--
              (1) the government of the country in which the
            countervailable subsidy \205\ practice is alleged to
            occur, or
              (2) an interested party described in subparagraph
            (C), (D), (E), (F), or (G) \160\ of section 771(9)
            which is a party to the investigation, then the
            administering authority and the Commission shall
            continue the investigation.
        (h) Review of Suspension.--
              (1) In general.--Within 20 days after the suspension
            of an investigation under subsection (c), an interested
            party which is a party to the investigation and which
            is described in subparagraph (C), (D), (E), (F), or (G)
            \160\ of section 771(9) may, by petition filed with the
            Commission and with notice to the administering
            authority, ask for a review of the suspension.
              (2) Commission investigation.--Upon receipt of a
            review petition under paragraph (1), the Commission
            shall, within 75 days after the date on which the
            petition is filed with it, determine whether the
            injurious effect of imports of the subject merchandise
            \222\ is eliminated completely by the agreement. If the
            Commission's determination under this subsection is
            negative, the investigation shall be resumed on the
            date of publication of notice of such determination as
            if the affirmative preliminary determination under
            section 703(b) had been made on that date.
    ---------------------------------------------------------------------------
        \222\ Sec. 233(a)(5)(L) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (3) Suspension of liquidation to continue during
            review period.--The suspension of liquidation of
            entries of the subject merchandise \222\ shall
            terminate at the close of the 20-day period beginning
            on the day after the date on which notice of suspension
            of the investigation is published in the Federal
            Register, or, if a review petition is filed under
            paragraph (1) with respect to the suspension of the
            investigation, in the case of an affirmative
            determination by the Commission under paragraph (2),
            the date on which notice of the affirmative
            determination by the Commission is published. If the
            determination of the Commission under paragraph (2) is
            affirmative, then the administering authority shall--
                      (A) terminate the suspension of liquidation
                    under section 703(d)(2),\223\ and
    ---------------------------------------------------------------------------
        \223\ Sec. 264(c)(5)(A) of Public Law 103-465 (108 Stat. 4914)
    struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(2)''.
    ---------------------------------------------------------------------------
                      (B) release any bond or other security, and
                    refund any cash deposit, required under section
                    703(d)(1)(B).\224\
    ---------------------------------------------------------------------------
        \224\ Sec. 264(c)(5)(B) of Public Law 103-465 (108 Stat. 4914)
    struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(1)(B)''.
    ---------------------------------------------------------------------------
        (i) Violation of Agreement.--
              (1) In general.--If the administering authority
            determines that an agreement accepted under subsection
            (b) or (c) is being, or has been, violated, or no
            longer meets the requirements of such subsection (other
            than the requirement, under subsection (c)(1), of
            elimination of injury) and subsection (d), then, on the
            date of publication of its determination, it shall--
                      (A) suspend liquidation under section
                    703(d)(2) \225\ of unliquidated entries of the
                    merchandise made on or after the later of--
    ---------------------------------------------------------------------------
        \225\ Sec. 264(c)(6) of Public Law 103-465 (108 Stat. 4914) struck
    out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(2)''.
    ---------------------------------------------------------------------------
                              (i) the date which is 90 days before
                            the date of publication of the notice
                            of suspension of liquidation, or
                              (ii) the date on which the
                            merchandise, the sale or export to the
                            United States of which was in violation
                            of the agreement, or under an agreement
                            which no longer meets the requirements
                            of subsections (b) and (d) or (c) and
                            (d), was first entered, or withdrawn
                            from warehouse, for consumption.
                      (B) if the investigation was not completed,
                    resume the investigation as if its affirmative
                    preliminary determination under section 703(b)
                    were made on the date of its determination
                    under this paragraph.
                      (C) if the investigation was completed under
                    subsection (g), issue a countervailing duty
                    order under section 706(a) effective with
                    respect to entries of merchandise the
                    liquidation of which was suspended,
                      (D) \226\ if it considers the violation to be
                    intentional,\227\ notify the Commissioner of
                    Customs who shall take appropriate action under
                    paragraph (2), and
    ---------------------------------------------------------------------------
        \226\ Sec. 604(a)(4) of Public Law 98-573 (98 Stat. 3026)
    redesignated existing subpara. (D) as subpara. (E) and added a new
    subpara. (D).
        \227\ Sec. 1886(a)(2)(B) of Public Law 99-514 (100 Stat. 2921)
    struck out ``international'' and inserted in lieu thereof
    ``intentional''.
    ---------------------------------------------------------------------------
                      (E) \226\ notify the petitioner, interested
                    parties who are or were parties to the
                    investigation, and the Commission of its action
                    under this paragraph.
              (2) Intentional violation to be punished by civil
            penalty.--Any person who intentionally violates an
            agreement accepted by the administering authority under
            subsection (b) or (c) shall be subject to a civil
            penalty assessed in the same amount, in the same
            manner, and under the same procedure, as the penalty
            imposed for a fraudulent violation of section 592(a) of
            this Act.
        (j) Determination Not To Take Agreement Into Account.--In
    making a final determination under section 705, or in
    conducting a review under section 751, in a case in which the
    administering authority has terminated a suspension of
    investigation under subsection (i)(1), or continued as
    investigation under subsection (g), the Commission and the
    administering authority shall consider all of the subject
    merchandise,\228\ without regard to the effect of any agreement
    under subsection (b) or (c).
    ---------------------------------------------------------------------------
        \228\ Sec. 233(a)(5)(M) of Public Law 103-465 (108 Stat. 4899)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
        (k) \229\ Termination of Investigations Initiated by
    Administering Authority.--The administering authority may
    terminate any investigation initiated by the administering
    authority under section 702(a) after providing notice of such
    termination to all parties to the investigation.
    ---------------------------------------------------------------------------
        \229\ Sec. 604(a)(5) of Public Law 98-573 (98 Stat. 3026) added
    subsec. (k).
    ---------------------------------------------------------------------------
        (l) \230\ Special Rule for Regional Industry
    Investigations.--
    ---------------------------------------------------------------------------
        \230\ Sec. 218(a)(1) of Public Law 103-465 (108 Stat. 4854) added
    subsec. (l).
    ---------------------------------------------------------------------------
              (1) Suspension agreements.--If the Commission makes a
            regional industry determination under section
            771(4)(C), the administering authority shall offer
            exporters of the subject merchandise who account for
            substantially all exports of that merchandise for sale
            in the region concerned the opportunity to enter into
            an agreement described in subsection (b) or (c).
              (2) Requirements for suspension agreements.--Any
            agreement described in paragraph (1) shall be subject
            to all the requirements imposed under this section for
            other agreements under subsection (b) or (c), except
            that if the Commission makes a regional industry
            determination described in paragraph (1) in the final
            affirmative determination under section 705(b) but not
            in the preliminary affirmative determination under
            section 703(a), any agreement described in paragraph
            (1) may be accepted within 60 days after the
            countervailing duty order is published under section
            706.
              (3) Effect of suspension agreement on countervailing
            duty order.--If an agreement described in paragraph (1)
            is accepted after the countervailing duty order is
            published, the administering authority shall rescind
            the order, refund any cash deposit and release any bond
            or other security deposited under section 703(d)(1)(B),
            and instruct the Customs Service that entries of the
            subject merchandise that were made during the period
            that the order was in effect shall be liquidated
            without regard to countervailing duties.

    SEC. 705.\231\ FINAL DETERMINATIONS.

        (a) Final Determination by Administering Authority.--
    ---------------------------------------------------------------------------
        \231\ 19 U.S.C. 1671d.
    ---------------------------------------------------------------------------
              (1) \232\ In general.--Within 75 days after the date
            of the preliminary determination under section 703(b),
            the administering authority shall make a final
            determination of whether or not a countervailable
            subsidy \233\ is being provided with respect to the
            subject merchandise; \234\ except that when an
            investigation under this subtitle is initiated
            simultaneously with an investigation under subtitle B,
            which involves imports of the same class or kind of
            merchandise from the same or other countries, the
            administering authority, if requested by the
            petitioner, shall extend the date of the final
            determination under this paragraph to the date of the
            final determination of the administering authority in
            such investigation initiated under subtitle B.
    ---------------------------------------------------------------------------
        \232\ Sec. 606 of Public Law 98-573 (98 Stat. 3029) amended and
    restated para. (1).
        \233\ Sec. 270(a)(1)(F) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
        \234\ Sec. 233(a)(5)(N) of Public Law 103-465 (108 Stat. 4899)
    struck out ``the merchandise'' and inserted in lieu thereof ``the
    subject merchandise''.
    ---------------------------------------------------------------------------
              (2) Critical circumstances determinations.--If the
            final determination of the administering authority is
            affirmative, then that determination, in any
            investigation in which the presence of critical
            circumstances has been alleged under section 703(e),
            shall also contain a finding as to whether--
                      (A) the countervailable subsidy \235\ is
                    inconsistent with the Subsidies Agreement,\236\
                    and
    ---------------------------------------------------------------------------
        \235\ Sec. 270(a)(1)(G) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
        \236\ Sec. 214(a)(2)(A)(i) of Public Law 103-465 (108 Stat. 4850)
    inserted ``Subsidies'' before ``Agreement''.
    ---------------------------------------------------------------------------
                      (B) there have been massive imports of the
                    subject merchandise \237\ over a relatively
                    short period.
    ---------------------------------------------------------------------------
        \237\ Sec. 214(a)(2)(A)(ii) of Public Law 103-465 (108 Stat. 4850)
    struck out ``class or kind of merchandise involved'' and inserted in
    lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
            Such findings may be affirmative even though the
            preliminary determination under section 703(e)(1) was
            negative.\238\
    ---------------------------------------------------------------------------
        \238\ Sec. 605(a)(1) of Public Law 98-573 (98 Stat. 3028) added
    this sentence.
    ---------------------------------------------------------------------------
              (3) \239\ De minimis countervailable subsidy.--In
            making a determination under this subsection, the
            administering authority shall disregard any
            countervailable subsidy that is de minimis as defined
            in section 703(b)(4).
    ---------------------------------------------------------------------------
        \239\ Sec. 263(b) of Public Law 103-465 (108 Stat. 4912) added
    para. (3).
    ---------------------------------------------------------------------------
        (b) Final Determination by Commission.--
              (1) In general.--The Commission shall make a final
            determination of whether--
                      (A) an industry in the United States--
                              (i) is materially injured, or
                              (ii) is threatened with material
                            injury, or
                      (B) the establishment of an industry in the
                    United States is materially retarded,
            by reason of imports, or sales (or the likelihood of
            sales) for importation,\240\ of the merchandise with
            respect to which the administering authority has made
            an affirmative determination under subsection (a). If
            the Commission determines that imports of the subject
            merchandise are negligible, the investigation shall be
            terminated.\241\
    ---------------------------------------------------------------------------
        \240\ Sec. 602(a)(2) of Public Law 98-573 (98 Stat. 3024) added the
    words ``, or sales (or the likelihood of sales) for importation,''.
    Sec. 626(b) of Public Law 98-573 further stated that this amendment
    shall apply with respect to investigations initiated by petition or by
    the administering authority under subtitles A and B of title VII of the
    Tariff Act of 1930 on or after the effective date of this Act (October
    30, 1984).
        \241\ Sec. 212(b)(1)(B) of Public Law 103-465 (108 Stat. 4848)
    added this sentence.
    ---------------------------------------------------------------------------
              (2) Period for injury determination following
            affirmative preliminary determination by administering
            authority.--If the preliminary determination by the
            administering authority under section 703(b) is
            affirmative then the Commission shall make the
            determination required by paragraph (1) before the
            later of--
                      (A) the 120th day after the day on which the
                    administering authority makes its affirmative
                    preliminary determination under section 703(b),
                    or
                      (B) the 45th day after the day on which the
                    administering authority makes its affirmative
                    final determination under subsection (a).
              (3) Period for injury determination following
            negative preliminary determination by administering
            authority.--If the preliminary determination by the
            administering authority under section 703(b) is
            negative, and its final determination under subsection
            (a) is affirmative, then the final determination by the
            Commission under this subsection shall be made within
            75 days after the date of that affirmative final
            determination.
              (4) Certain additional findings.--
                      (A) \242\ Commission standard for retroactive
                    application.--
    ---------------------------------------------------------------------------
        \242\ Sec. 214(a)(2)(B) of Public Law 103-465 (108 Stat. 4850)
    amended and restated subpara. (A). It was previously amended and
    restated by sec. 1324(a)(3) of Public Law 100-418 (102 Stat. 1200).
    ---------------------------------------------------------------------------
                              (i) In general--If the finding of the
                            administering authority under
                            subsection (a)(2) is affirmative, then
                            the final determination of the
                            Commission shall include a finding as
                            to whether the imports subject to the
                            affirmative determination under
                            subsection (a)(2) are likely to
                            undermine seriously the remedial effect
                            of the countervailing duty order to be
                            issued under section 706.
                              (ii) Factors to consider.--In making
                            the evaluation under clause (i), the
                            Commission shall consider, among other
                            factors it considers relevant--
                                      (I) the timing and the volume
                                    of the imports,
                                      (II) any rapid increase in
                                    inventories of the imports, and
                                      (III) any other circumstances
                                    indicating that the remedial
                                    effect of the countervailing
                                    duty order will be seriously
                                    undermined.
        (c) Effect of Final Determinations.--
              (1) Effect of affirmative determination by the
            administering authority.--If the determination of the
            administering authority under subsection (a) is
            affirmative, the--
                      (A) the administering authority shall make
                    available to the Commission all information
                    upon which such determination was based and
                    which the Commission considers relevant to its
                    determination, under such procedures as the
                    administering authority and the Commission may
                    establish to prevent disclosure, other than
                    with the consent of the party providing it or
                    under protective order, of any information to
                    which confidential treatment has been given by
                    the administering authority,\243\
    ---------------------------------------------------------------------------
        \243\ Sec. 264(b) of Public Law 103-465 (108 Stat. 4913) struck out
    ``and'' at the end of subpara. (A), redesignated subpara. (B) as
    subpara. (C), and added a new subpara. (B).
    ---------------------------------------------------------------------------
                      (B) \243\ (i) the administering authority
                    shall--
                              (I) determine an estimated individual
                            countervailable subsidy rate for each
                            exporter and producer individually
                            investigated, and, in accordance with
                            paragraph (5), an estimated all-others
                            rate for all exporters and producers
                            not individually investigated and for
                            new exporters and producers within the
                            meaning of section 751(a)(2)(B), or
                              (II) if section \244\ 777A(e)(2)(B)
                            applies, determine a single estimated
                            country-wide subsidy rate, applicable
                            to all exporters and producers,
    ---------------------------------------------------------------------------
        \244\ Sec. 20(b)(15) of Public Law 104-295 (110 Stat. 3527)
    inserted ``section''.
    ---------------------------------------------------------------------------
                      (ii) shall order the posting of a cash
                    deposit, bond, or other security, as the
                    administering authority deems appropriate, for
                    each entry of the subject merchandise in an
                    amount based on the estimated individual
                    countervailable subsidy rate, the estimated
                    all-others rate, or the estimated country-wide
                    subsidy rate, whichever is applicable, and
                      (C) \243\ in cases where the preliminary
                    determination by the administering authority
                    under section 703(b) was negative, the
                    administering authority shall order the
                    suspension of liquidation under paragraph (2)
                    of section 703(d).\245\
    ---------------------------------------------------------------------------
        \245\ Sec. 264(b)(1)(ii) of Public Law 103-465 (108 Stat. 4913)
    struck out ``under paragraphs (1) and (2) of section 703(d) the
    suspension of liquidation and the posting of a cash deposit, bond, or
    other security'' and inserted in lieu thereof ``the suspension of
    liquidation under paragraph (2) of section 703(d)''.
    ---------------------------------------------------------------------------
              (2) Issuance of order; effect of negative
            determination.--If the determinations of the
            administering authority and the Commission under
            subsections (a)(1) and (b)(1) are affirmative, then the
            administering authority shall issue a countervailing
            duty order under section 706(a). If either of such
            determinations is negative, the investigation shall be
            terminated upon the publication of notice of that
            negative determination and the administering authority
            shall--
                      (A) terminate the suspension of liquidation
                    under section 703(d)(2),\246\ and
    ---------------------------------------------------------------------------
        \246\ Sec. 264(c)(7)(A) of Public Law 103-465 (108 Stat. 4914)
    struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(2)''.
    ---------------------------------------------------------------------------
                      (B) release any bond or other security and
                    refund any cash deposit required under section
                    703(d)(1)(B).\247\
    ---------------------------------------------------------------------------
        \247\ Sec. 264(c)(7)(B) of Public Law 103-465 (108 Stat. 4914)
    struck out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(1)(B)''.
    ---------------------------------------------------------------------------
              (3) Effect of negative determinations under
            subsections (a)(2) and (b)(4)(A).--If the determination
            of the administering authority or the Commission under
            subsection (a)(2) and (b)(4)(A), respectively, is
            negative, then the administering authority shall--
                      (A) terminate any retroactive suspension of
                    liquidation required under paragraph (4) or
                    \248\ section 703(e)(2), and
    ---------------------------------------------------------------------------
        \248\ Sec. 605(a) of Public Law 98-573 (98 Stat. 3028) amended
    subsec. (c) by inserting the reference to para. (4) in para. (3) and by
    adding a new para. (4).
    ---------------------------------------------------------------------------
                      (B) release any bond or other security, and
                    refund any cash deposit required, under section
                    703(d)(1)(B) \249\ with respect to entries of
                    the merchandise the liquidation of which was
                    suspended retroactively under section
                    703(e)(2).
    ---------------------------------------------------------------------------
        \249\ Sec. 264(c)(8) of Public Law 103-465 (108 Stat. 4914) struck
    out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(1)(B)''.
    ---------------------------------------------------------------------------
              (4) \248\ Effect of affirmative determination under
            subsection (a)(2).--If the determination of the
            administering authority under subsection (a)(2) is
            affirmative, then the administering authority shall--
                      (A) in cases where the preliminary
                    determinations by the administering authority
                    under sections 703(b) and 703(e)(1) were both
                    affirmative, continue the retroactive
                    suspension of liquidation and the posting of a
                    cash deposit, bond, or other security
                    previously ordered under section 703(e)(2);
                      (B) in cases where the preliminary
                    determination by the administering authority
                    under section 703(b) was affirmative, but the
                    preliminary determination under section
                    703(e)(1) was negative, shall modify any
                    suspension of liquidation and security
                    requirement previously ordered under section
                    703(d) to apply to unliquidated entries of
                    merchandise entered, or withdrawn from
                    warehouse, for consumption on or after the date
                    which is 90 days before the date on which
                    suspension of liquidation was first ordered; or
                      (C) in cases where the preliminary
                    determination by the administering authority
                    under section 703(b) was negative, shall apply
                    any suspension of liquidation and security
                    requirement ordered under subsection
                    705(c)(1)(B) to unliquidated entries of
                    merchandise entered, or withdrawn from
                    warehouse, for consumption on or after the date
                    which is 90 days before the date on which
                    suspension of liquidation is first ordered.
              (5) \250\ Method for determining the all-others rate
            and the country-wide subsidy rate.--
    ---------------------------------------------------------------------------
        \250\ Sec. 265(b)(2) of Public Law 103-465 (108 Stat. 4913) added
    para. (5).
    ---------------------------------------------------------------------------
                      (A) All-others rate.--
                              (i) General rule.--For purposes of
                            this subsection and section 703(d), the
                            all-others rate shall be an amount
                            equal to the weighted average
                            countervailable subsidy rates
                            established for exporters and producers
                            individually investigated, excluding
                            any zero and de minimis countervailable
                            subsidy rates, and any rates determined
                            entirely under section 776.
                              (ii) Exception.--If the
                            countervailable subsidy rates
                            established for all exporters and
                            producers individually investigated are
                            zero or de minimis rates, or are
                            determined entirely under section 776,
                            the administering authority may use any
                            reasonable method to establish an all-
                            others rate for exporters and producers
                            not individually investigated,
                            including averaging the weighted
                            average countervailable subsidy rates
                            determined for the exporters and
                            producers individually investigated.
                      (B) Country-wide subsidy rate.--The
                    administering authority may calculate a single
                    country-wide subsidy rate, applicable to all
                    exporters and producers, if the administering
                    authority limits its examination pursuant to
                    section 777A(e)(2)(B). The estimated country-
                    wide rate determined under section
                    703(d)(1)(A)(ii) or paragraph (1)(B)(i)(II) of
                    this subsection shall be based on industry-wide
                    data regarding the use of subsidies determined
                    to be countervailable.
        (d) Publication of Notice of Determinations.--Whenever the
    administering authority or the Commission makes a determination
    under this section, it shall notify the petitioner, other
    parties to the investigation, and the other agency of its
    determination and of the facts and conclusions of law upon
    which the determination is based, and it shall publish notice
    of its determination in the Federal Register.
      (e) \251\ Correction of Ministerial Errors.--The
    administering authority shall establish procedures for the
    correction of ministerial errors in final determinations within
    a reasonable time after the determinations are issued under
    this section. Such procedures shall ensure opportunity for
    interested parties to present their views regarding any such
    errors. As used in this subsection, the term ``ministerial
    error'' includes errors in addition, subtraction, or other
    arithmetic function, clerical errors resulting from inaccurate
    copying, duplication, or the like, and any other type of
    unintentional error which the administering authority considers
    ministerial.
    ---------------------------------------------------------------------------
        \251\ Sec. 1333(a) of Public Law 100-418 (102 Stat. 1209) added
    subsec. (e).
    ---------------------------------------------------------------------------

    SEC. 706.\252\ ASSESSMENT OF DUTY.

        (a) Publication of Countervailing Duty Order.--Within 7
    days after being notified by the Commission of an affirmative
    determination under section 705(b), the administering authority
    shall publish a countervailing duty order which--
    ---------------------------------------------------------------------------
        \252\ 19 U.S.C. 1671e.
    ---------------------------------------------------------------------------
              (1) directs customs officers to assess a
            countervailing duty equal to the amount of the net
            countervailable subsidy \253\ determined or estimated
            to exist, within 6 months after the date on which the
            administering authority receives satisfactory
            information upon which the assessment may be based, but
            in no event later than 12 months after the end of the
            annual accounting period of the manufacturer or
            exporter within which the merchandise is entered, or
            withdrawn from warehouse, for consumption,
    ---------------------------------------------------------------------------
        \253\ Sec. 270(a)(1)(H) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
    ---------------------------------------------------------------------------
              (2) \254\ includes a description of the subject
            merchandise,\255\ in such detail as the administering
            authority deems necessary, and
    ---------------------------------------------------------------------------
        \254\ Sec. 265 of Public Law 103-465 (108 Stat. 4914) struck out
    para. (2) and redesignated paras. (3) and (4) as paras. (2) and (3).
    Sec. 607 of Public Law 98-573 (98 Stat. 3029) had added the original
    para. (2).
        \255\ Sec. 233(a)(5)(O) of Public Law 103-465 (108 Stat. 4899)
    struck out ``class or kind of merchandise to which it applies'' and
    inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (3) \254\ requires the deposit of estimated
            countervailing duties pending liquidation of entries on
            the merchandise are deposited.
        (b) Imposition of Duties.--
              (1) General rule.--If the Commission, it its final
            determination under section 705(b), finds material
            injury or threat of material injury which, but for the
            suspension of liquidation under section 703(d)(2),\256\
            would have led to a finding of material injury, then
            entries of the merchandise subject to the
            countervailing duty order, the liquidation of which has
            been suspended under section 703(d)(2),\250\ shall be
            subject to the imposition of countervailing duties
            under section 701(a).
    ---------------------------------------------------------------------------
        \256\ Sec. 264(c)(9) of Public Law 103-465 (108 Stat. 4914) struck
    out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    703(d)(2)''.
    ---------------------------------------------------------------------------
              (2) Special rule.--If the Commission, in its final
            determination under section 705(b), finds threat of
            material injury, other than threat of material injury
            described in paragraph (1), or material retardation of
            the establishment of an industry in the United States,
            then merchandise subject to a countervailing duty order
            which is entered, or withdrawn from warehouse, for
            consumption on or after the date of publication of
            notice of an affirmative determination of the
            Commission under section 705(b) shall be subject to the
            imposition of countervailing duties under section
            701(a), and the administering authority shall release
            any bond or other security, and refund any cash deposit
            made, to secure the payment of countervailing duties
            with respect to entries of the merchandise entered, or
            withdrawn from warehouse, for consumption before that
            date.
        (c) \257\ Special Rule for Regional Industries.--
    ---------------------------------------------------------------------------
        \257\ Sec. 218(b)(1) of Public Law 103-465 (108 Stat. 4855) added
    subsec. (c).
    ---------------------------------------------------------------------------
              (1) In general.--In an investigation under this
            subtitle in which the Commission makes a regional
            industry determination under section 771(4)(C), the
            administering authority shall, to the maximum extent
            possible, direct that duties be assessed only on the
            subject merchandise of the specific exporters or
            producers that exported the subject merchandise for
            sale in the region concerned during the period of
            investigation.
              (2) Exception for new exporters and producers.--After
            publication of the countervailing duty order, if the
            administering authority finds that a new exporter or
            producer is exporting the subject merchandise for sale
            in the region concerned, the administering authority
            shall direct that duties be assessed on the subject
            merchandise of the new exporter or producer consistent
            with the provisions of section 751(a)(2)(B).

    SEC. 707.\258\ TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMATED
                        COUNTERVAILING DUTY AND FINAL ASSESSED DUTY UNDER
                        COUNTERVAILING DUTY ORDER.

        (a) Deposit of Estimated Countervailing Duty Under Section
    703(d)(1)(B).--If the amount of a cash deposit, or the amount
    of any bond or other security, required as security for an
    estimated countervailing duty under section 703(d)(1)(B) \259\
    is different from the amount of the countervailing duty
    determined under a countervailing duty order issued under
    section 706, then the difference for entries of merchandise
    entered, or withdrawn from warehouse, for consumption before
    notice of the affirmative determination of the Commission under
    section 705(b) is published shall be--
    ---------------------------------------------------------------------------
        \258\ 19 U.S.C. 1671f.
        \259\ Sec. 264(c)(10) of Public Law 103-465 (108 Stat. 4914) struck
    out ``section 703(d)(2)'' and inserted in lieu thereof ``section
    703(d)(1)(B)''.
    ---------------------------------------------------------------------------
              (1) disregarded, to the extent that the cash deposit,
            bond, or other security is lower than the duty under
            the order, or
              (2) refunded or released, to the extent that the cash
            deposit, bond, or other security is higher than the
            duty under the order.
        (b) Deposit of Estimated Countervailing Duty Under Section
    706(a)(3).--If the amount of an estimated countervailing duty
    deposited under section 706(a)(3) is different from the amount
    of the countervailing duty determined under a countervailing
    duty order issued under section 706, then the difference for
    entries of merchandise entered, or withdrawn from warehouse,
    for consumption after notice of the affirmative determination
    of the Commission under section 705(b) is published shall be--
              (1) collected, to the extent that the deposit under
            section 706(a)(3) is lower than the duty determined
            under the order, or
              (2) refunded, to the extent that the deposit under
            section 706(a)(3) is higher than the duty determined
            under the order,
    together with interest as provided by section 778.

    SEC. 708.\260\ EFFECT OF DEROGATION OF EXPORT-IMPORT BANK FINANCING.

        Nothing in this title shall be interpreted as superseding
    the provisions of section 1912 of the Export-Import Bank Act
    Amendments of 1978, except that in the event of an assessment
    of duty based on a derogation under section 706 or action under
    section 703(d)(1)(B),\261\ the Secretary of the Treasury shall
    not authorize the Bank to provide guarantees, insurance and
    credits to competing United States sellers pursuant to section
    1912 of such Act.
    ---------------------------------------------------------------------------
        \260\ 19 U.S.C. 1671g. Sec. 650(c) of the Export-Import Bank Act
    Amendments of 1983 (title VI of Public Law 98-181; 97 Stat. 1266) added
    sec. 708. Sec. 1886(a)(2) of Public Law 99-514 (100 Stat. 2921) added
    the section heading.
        \261\ Sec. 264(c)(11) of Public Law 103-465 (108 Stat. 4914) struck
    out ``section 703(d)(2)'' and inserted in lieu thereof ``section
    703(d)(1)(B)''.
    ---------------------------------------------------------------------------

    SEC. 709.\262\ CONDITIONAL PAYMENT OF COUNTERVAILING DUTY.

        (a) In General.--For all entries, or withdrawals from
    warehouse, for consumption of merchandise subject to a
    countervailing duty order on or after the date of publication
    of such order, no customs officer may deliver merchandise of
    that class or kind to the person by whom or for whose account
    it was imported unless that person complies with the
    requirement of subsection (b) and deposits with the appropriate
    customs officer an estimated countervailing duty in an amount
    determined by the administering authority.
    ---------------------------------------------------------------------------
        \262\ 19 U.S.C. 1671h. Sec. 608 of Public Law 98-573 (98 Stat.
    3029) added sec. 709.
    ---------------------------------------------------------------------------
        (b) Importer Requirements.--In order to meet the
    requirements of this subsection, a person shall--
              (1) furnish, or arrange to have furnished, to the
            appropriate customs officer such information as the
            administering authority deems necessary for
            ascertaining any countervailing duty to be imposed
            under this subtitle,
              (2) maintain and furnish to the customs officer such
            records concerning such merchandise as the
            administering authority, by regulation, requires, and
              (3) pay, or agree to pay on demand, to the customs
            officer the amount of countervailing duty imposed under
            this subtitle on that merchandise.

               Subtitle B--Imposition of Antidumping Duties \263\

    SEC. 731.\264\ ANTIDUMPING DUTIES IMPOSED.

        If--
    ---------------------------------------------------------------------------
        \263\ Subtitle B, as added by Public Law 96-39, replaces the
    Antidumping Act of 1921, which was repealed by Public Law 96-39.
        \264\ 19 U.S.C. 1673.
    ---------------------------------------------------------------------------
              (1) the administering authority determines that a
            class or kind of foreign merchandise is being, or is
            likely to be, sold in the United States at less than
            its fair value, and
              (2) the Commission determines that--
                      (A) an industry in the United States--
                              (i) is materially injured, or
                              (ii) is threatened with material
                            injury, or
                      (B) the establishment of an industry in the
                    United States is materially retarded,
            by reason of imports of that merchandise or by reason
            of sales (or the likelihood of sales) of that
            merchandise for importation,\265\
    ---------------------------------------------------------------------------
        \265\ Sec. 602(b) of Public Law 98-573 (98 Stat. 3024) amended sec.
    731 by inserting the words ``or by reason of sales (or the likelihood
    of sales) of that merchandise for importation'', and by adding the
    final sentence.
        Sec. 626(b) of Public Law 98-573 further stated that this amendment
    shall apply with respect to investigations initiated by petition or by
    the administering authority under subtitles A and B of title VII of the
    Tariff Act of 1930 on or after the effective date of this Act (October
    30, 1984).
        Sec. 626(c) of Public Law 98-573 (98 Stat. 3042) further provided
    the following:
        ``(c)(1) No provision of title VII of the Tariff Act of 1980 shall
    be interpreted to prevent the refilling of a petition under section 702
    or 732 of that title that was filed before the date of the enactment of
    this title, if the purpose of such refiling is to avail the petitioner
    of the amendment made by section 612(a)(1).
        ``(2) The amendment made by section 612(a)(1) shall not apply with
    respect to petitions filed (or refiled under paragraph (1)) under
    section 702 or 732 of the Tariff Act of 1930 after September 30,
    1986.''.
    ---------------------------------------------------------------------------
    then there shall be imposed upon such merchandise an
    antidumping duty, in addition to any other duty imposed, in an
    amount equal to the amount by which the normal value \266\
    exceeds the export price (or the constructed export price)
    \267\ for the merchandise. For purposes of this section and
    section 735(b)(1), a reference to the sale of foreign
    merchandise includes the entering into of any leasing
    arrangement regarding the merchandise that is equivalent to the
    sale of the merchandise.\265\
    ---------------------------------------------------------------------------
        \266\ Sec. 233(a)(1)(A) of Public Law 103-465 (108 Stat. 4898)
    struck out ``foreign market value'' and inserted in lieu thereof
    ``normal value''.
        \267\ Sec. 233(a)(2)(A)(i) of Public Law 103-465 (108 Stat. 4898)
    struck out ``United States price'' and inserted in lieu thereof
    ``export price (or the constructed export price)''.
    ---------------------------------------------------------------------------

    SEC. 732.\268\ PROCEDURES FOR INITIATING AN ANTIDUMPING DUTY
                        INVESTIGATION.

        (a) \269\ Initiation by Administering Authority.--
    ---------------------------------------------------------------------------
        \268\ 19 U.S.C. 1673a.
        \269\ Sec. 609 of Public Law 98-573 (98 Stat. 3030) amended and
    restated subsec. (a). Subsec. (a) previously read as follows:
        ``(a) Initiation by Administering Authority.--An antidumping duty
    investigation shall be commenced whenever the administering authority
    determines, from information available to it, that a formal
    investigation is warranted into the question of whether the elements
    necessary for the imposition of a duty under section 731 exist.''.
    ---------------------------------------------------------------------------
              (1) In general.--An antidumping duty investigation
            shall be initiated \270\ whenever the administering
            authority determines, from information available to it,
            that a formal investigation is warranted into the
            question of whether the elements necessary for the
            imposition of a duty under section 731 exist.
    ---------------------------------------------------------------------------
        \270\ Sec. 233(a)(6)(A)(v) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commenced'' and inserted in lieu thereof ``initiated''.
    ---------------------------------------------------------------------------
              (2) Cases involving persistent dumping.--
                      (A) Monitoring.--The administering authority
                    may establish a monitoring program with respect
                    to imports of a class or kind of merchandise
                    from any additional supplier country for a
                    period not to exceed one year if--
                              (i) more than one antidumping order
                            is in effect with respect to that class
                            or kind of merchandise;
                              (ii) in the judgment of the
                            administering authority there is reason
                            to believe or suspect an extraordinary
                            pattern of persistent injurious dumping
                            from one or more additional supplier
                            countries; and
                              (iii) in the judgment of the
                            administering authority this
                            extraordinary pattern is causing a
                            serious commercial problem for the
                            domestic industry.
                      (B) If during the period of monitoring
                    referred to in subparagraph (A), the
                    administering authority determines that there
                    is sufficient information to initiate \271\ a
                    formal investigation under this subsection
                    regarding an additional supplier country, the
                    administering authority shall immediately
                    commence such an investigation.
    ---------------------------------------------------------------------------
        \271\ Sec. 233(a)(6)(C) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commence'' and inserted in lieu thereof ``initiate''.
    ---------------------------------------------------------------------------
                      (C) Definition.--For purposes of this
                    paragraph, the term ``additional supplier
                    country'' means a country regarding which no
                    antidumping investigation is currently pending,
                    and no antidumping duty order is currently in
                    effect, with respect to imports of the class or
                    kinds of merchandise covered by subparagraph
                    (A).
                      (D) Expeditious action.--The administering
                    authority and the Commission, to the extent
                    practicable, shall expedite proceedings under
                    this subtitle undertaken as a result of a
                    formal investigation initiated \272\ under
                    subparagraph (B).
    ---------------------------------------------------------------------------
        \272\ Sec. 233(a)(6)(A)(vi) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commenced'' and inserted in lieu thereof ``initiated''.
    ---------------------------------------------------------------------------
      (b) Initiation by Petition.--
              (1) Petition requirements.--An antidumping proceeding
            shall be initiated \273\ whenever an interested party
            described in subparagraph (C), (D), (E), (F), or (G)
            \160\ of section 771(9) files a petition with the
            administering authority, on behalf of an industry,
            which alleges the elements necessary for the imposition
            of the duty imposed by section 731, and which is
            accompanied by information reasonably available to the
            petitioner supporting those allegations. The petition
            may be amended at such time, and upon such conditions,
            as the administering authority and the Commission may
            permit.
    ---------------------------------------------------------------------------
        \273\ Sec. 233(a)(6)(A)(vii) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commenced'' and inserted in lieu thereof ``initiated''.
    ---------------------------------------------------------------------------
              (2) Simultaneous filing with commission.--The
            petitioner shall file a copy of the petition with the
            Commission on the same day as it is filed with the
            administering authority.
              (3) \274\ Action with respect to petitions.--
    ---------------------------------------------------------------------------
        \274\ Sec. 211(b) of Public Law 103-465 (108 Stat. 4843) added
    para. (3).
    ---------------------------------------------------------------------------
                      (A) Notification of governments.--Upon
                    receipt of a petition filed under paragraph
                    (1), the administering authority shall notify
                    the government of any exporting country named
                    in the petition by delivering a public version
                    of the petition to an appropriate
                    representative of such country.
                      (B) Acceptance of communications.--The
                    administering authority shall not accept any
                    unsolicited oral or written communication from
                    any person other than an interested party
                    described in section 771(9) (C), (D), (E), (F),
                    or (G) \160\ before the administering authority
                    makes its decision whether to initiate an
                    investigation, except as provided in subsection
                    (c)(4)(D), and except for inquiries regarding
                    the status of the administering authority's
                    consideration of the petition.
                      (C) Nondisclosure of certain information.--
                    The administering authority and the Commission
                    shall not disclose information with regard to
                    any draft petition submitted for review and
                    comment before it is filed under paragraph (1).
        (c) \275\ Petition Determination.--
    ---------------------------------------------------------------------------
        \275\ Sec. 212(a)(2) of Public Law 103-465 (108 Stat. 4845) amended
    and restated subsec. (c).
    ---------------------------------------------------------------------------
              (1) In general.--
                      (A) Time for initial determination.--Except
                    as provided in subparagraph (B), within 20 days
                    after the date on which a petition is filed
                    under subsection (b), the administering
                    authority shall--
                              (i) after examining, on the basis of
                            sources readily available to the
                            administering authority, the accuracy
                            and adequacy of the evidence provided
                            in the petition, determine whether the
                            petition alleges the elements necessary
                            for the imposition of a duty under
                            section 731 and contains information
                            reasonably available to the petitioner
                            supporting the allegations, and
                              (ii) determine if the petition has
                            been filed by or on behalf of the
                            industry.
                      (B) Extension of time.--In any case in which
                    the administering authority is required to poll
                    or otherwise determine support for the petition
                    by the industry under paragraph (4)(D), the
                    administering authority may, in exceptional
                    circumstances, apply subparagraph (A) by
                    substituting ``a maximum of 40 days'' for ``20
                    days''.
                      (C) Time limits where petition involves same
                    merchandise as an order that has been
                    revoked.--If a petition is filed under this
                    section with respect to merchandise that was
                    the subject merchandise of--
                              (i) an antidumping duty order or
                            finding that was revoked under section
                            751(d) in the 24 months preceding the
                            date the petition is filed, or
                              (ii) a suspended investigation that
                            was terminated under section 751(d) in
                            the 24 months preceding the date the
                            petition is filed,
                    the administering authority and the Commission
                    shall, to the maximum extent practicable,
                    expedite any investigation initiated under this
                    section with respect to the petition.
              (2) Affirmative determinations.--If the
            determinations under clauses (i) and (ii) of paragraph
            (1)(A) are affirmative, the administering authority
            shall initiate an investigation to determine whether
            the subject merchandise is being, or is likely to be,
            sold in the United States at less than its fair value.
              (3) Negative determinations.--If the determination
            under clause (i) or (ii) of paragraph (1)(A) is
            negative, the administering authority shall dismiss the
            petition, terminate the proceeding, and notify the
            petitioner in writing of the reasons for the
            determination.
              (4) Determination of industry support.--
                      (A) General rule.--For purposes of this
                    subsection, the administering authority shall
                    determine that the petition has been filed by
                    or on behalf of the industry, if--
                              (i) the domestic producers or workers
                            who support the petition account for at
                            least 25 percent of the total
                            production of the domestic like
                            product, and
                              (ii) the domestic producers or
                            workers who support the petition
                            account for more than 50 percent of the
                            production of the domestic like product
                            produced by that portion of the
                            industry expressing support for or
                            opposition to the petition.
                      (B) Certain positions disregarded.--
                              (i) Producers related to foreign
                            producers.--In determining industry
                            support under subparagraph (A), the
                            administering authority shall disregard
                            the position of domestic producers who
                            oppose the petition, if such producers
                            are related to foreign producers, as
                            defined in section 771(4)(B)(ii),
                            unless such domestic producers
                            demonstrate that their interests as
                            domestic producers would be adversely
                            affected by the imposition of an
                            antidumping duty order.
                              (ii) Producers who are importers.--
                            The administering authority may
                            disregard the position of domestic
                            producers of a domestic like product
                            who are importers of the subject
                            merchandise.
                      (C) Special rule for regional industries.--If
                    the petition alleges the industry is a regional
                    industry, the administering authority shall
                    determine whether the petition has been filed
                    by or on behalf of the industry by applying
                    subparagraph (A) on the basis of production in
                    the region.
                      (D) Polling the industry.--If the petition
                    does not establish support of domestic
                    producers or workers accounting for more than
                    50 percent of the total production of the
                    domestic like product, the administering
                    authority shall--
                              (i) poll the industry or rely on
                            other information in order to determine
                            if there is support for the petition as
                            required by subparagraph (A), or
                              (ii) if there is a large number of
                            producers in the industry, the
                            administering authority may determine
                            industry support for the petition by
                            using any statistically valid sampling
                            method to poll the industry.
                      (E) Comments by interested parties.--Before
                    the administering authority makes a
                    determination with respect to initiating an
                    investigation, any person who would qualify as
                    an interested party under section 771(9) if an
                    investigation were initiated, may submit
                    comments or information on the issue of
                    industry support. After the administering
                    authority makes a determination with respect to
                    initiating an investigation, the determination
                    regarding industry support shall not be
                    reconsidered.
              (5) Definition of domestic producers or workers.--For
            purposes of this subsection, the term ``domestic
            producers or workers'' means those interested parties
            who are eligible to file a petition under subsection
            (b)(1).\276\
    ---------------------------------------------------------------------------
        \276\ Sec. 20(b)(4) of Public Law 104-295 (110 Stat. 3527) struck
    out ``(b)(1)(A)'' and inserted in lieu thereof ``(b)(1)''.
    ---------------------------------------------------------------------------
        (d) Notification to Commission of Determination.--The
    administering authority shall--
              (1) notify the Commission immediately of any
            determination it makes under subsection (a) or (c), and
              (2) if the determination is affirmative, make
            available to the Commission such information as it may
            have relating to the matter under investigation, under
            such procedures as the administering authority and the
            Commission may establish to prevent disclosure, other
            than with the consent of the party providing it or
            under protective order, of any information to which
            confidential treatment has been given by the
            administering authority.
      (e) \277\ Information Regarding Critical Circumstances.--If,
    at any time after the initiation of an investigation under this
    subtitle, the administering authority finds a reasonable basis
    to suspect that--
    ---------------------------------------------------------------------------
        \277\ Sec. 1324(b)(1) of Public Law 100-418 (102 Stat. 1200) added
    subsec. (e).
    ---------------------------------------------------------------------------
              (1) there is a history of dumping in the United
            States or elsewhere of the subject merchandise,\278\ or
    ---------------------------------------------------------------------------
        \278\ Sec. 233(a)(5)(P) of Public Law 103-465 (108 Stat. 4900)
    struck out ``class or kind of the merchandise which is the subject of
    the investigation'' and inserted in lieu thereof ``the subject
    merchandise'', resulting in a double ``the''. Sec. 20(b)(8) of Public
    Law 104-295 (110 Stat. 3527) struck out the second ``the''.
    ---------------------------------------------------------------------------
              (2) the person by whom, or for whose account, the
            merchandise was imported knew, or should have known,
            that the exporter was selling the merchandise which is
            the subject of the investigation at less than its fair
            value,
    the administering authority may request the Commissioner of
    Customs to compile information on an expedited basis regarding
    entries of the subject merchandise.\279\ Upon receiving such
    request, the Commissioner of Customs shall collect information
    regarding the volume and value of entries of the subject
    merchandise \279\ and shall transmit such information to the
    administering authority at such times as the administering
    authority shall direct (at least once every 30 days), until a
    final determination is made under section 735(a), the
    investigation is terminated, or the administering authority
    withdraws the request.
    ---------------------------------------------------------------------------
        \279\ Sec. 233(a)(5)(Q) and (R) of Public Law 103-465 (108 Stat.
    4900) struck out ``class or kind of the merchandise which is the
    subject of the investigation'' and ``class or kind of the merchandise
    that is the subject of the investigation'', and inserted in lieu
    thereof ``subject merchandise''.
    ---------------------------------------------------------------------------

    SEC. 733.\280\ PRELIMINARY DETERMINATIONS.

        (a) \281\ Determination by Commission of Reasonable
    Indication of Injury.--
    ---------------------------------------------------------------------------
        \280\ 19 U.S.C. 1673b. Sec. 101 of Public Law 96-39 (93 Stat. 163)
    added sec. 733.
        \281\ Sec. 212(b)(2)(A) of Public Law 103-465 (108 Stat. 4848)
    amended and restated subsec. (a).
    ---------------------------------------------------------------------------
              (1) General rule.--Except in the case of a petition
            dismissed by the administering authority under section
            732(c)(3), the Commission, within the time specified in
            paragraph (2), shall determine, based on the
            information available to it at the time of the
            determination, whether there is a reasonable indication
            that--
                      (A) an industry in the United States--
                              (i) is materially injured, or
                              (ii) is threatened with material
                            injury, or
                      (B) the establishment of an industry in the
                    United States is materially retarded,
            by reason of imports of the subject merchandise and
            that imports of the subject merchandise are not
            negligible. If the Commission finds that imports of the
            subject merchandise are negligible or otherwise makes a
            negative determination under this paragraph, the
            investigation shall be terminated.
              (2) Time for commission determination.--The
            Commission shall make the determination described in
            paragraph (1)--
                      (A) in the case of a petition filed under
                    section 732(b)--
                              (i) within 45 days after the date on
                            which the petition is filed, or
                              (ii) if the time has been extended
                            pursuant to section 732(c)(1)(B),
                            within 25 days after the date on which
                            the Commission receives notice from the
                            administering authority of initiation
                            of the investigation, and
                      (B) in the case of an investigation initiated
                    under section 732(a), within 45 days after the
                    date on which the Commission receives notice
                    from the administering authority that an
                    investigation has been initiated under such
                    section.
        (b) Preliminary Determination by Administering Authority.--
              (1) \282\ Period of antidumping duty investigation.--
    ---------------------------------------------------------------------------
        \282\ Sec. 1323(b) of Public Law 100-418 (102 Stat. 1198) amended
    and restated para. (1).
    ---------------------------------------------------------------------------
                      (A) In general.--Except as provided in
                    subparagraph (B), 140 days after the date on
                    which the administering authority initiates an
                    investigation under section 732(c),\283\ or an
                    investigation is initiated \284\ under section
                    732(a), but not before an affirmative
                    determination by the Commission under
                    subsection (a) of this section, the
                    administering authority shall make a
                    determination, based upon the information \285\
                    available to it at the time of the
                    determination, of whether there is a reasonable
                    basis to believe or suspect that the
                    merchandise is being sold, or is likely to be
                    sold, at less than fair value.\286\
    ---------------------------------------------------------------------------
        \283\ Sec. 212(b)(2)(C)(i)(I) of Public Law 103-465 (108 Stat.
    4849) struck out ``within 160 days after the date on which a petition
    is filed under section 732(b)'' and inserted in lieu thereof ``140 days
    after the date on which the administering authority initiates an
    investigation under section 732(c)''.
        \284\ Sec. 233(a)(6)(A)(viii) of Public Law 103-465 (108 Stat.
    4901) struck out ``commenced'' and inserted in lieu thereof
    ``initiated''.
        \285\ Sec. 212(b)(2)(C)(i)(II) of Public Law 103-465 (108 Stat.
    4849) struck out ``best information'' and inserted in lieu thereof
    ``information''.
        \286\ Sec. 219(a)(2) of Public Law 103-465 (108 Stat. 4856) deleted
    ``If the determination of the administering authority under this
    subsection is affirmative, the determination shall include the
    estimated average amount by which the foreign market value exceeds the
    United States price.'' at this point.
    ---------------------------------------------------------------------------
                      (B) If certain short life cycle merchandise
                    involved.--If a petition filed under section
                    732(b), or an investigation initiated \284\
                    under section 732(a), concerns short life cycle
                    merchandise that is included in a product
                    category established under section 739(a),
                    subparagraph (A) shall be applied--
                              (i) by substituting ``100 days'' for
                            ``140 days'' \287\ if manufacturers
                            that are second offenders account for a
                            significant proportion of the
                            merchandise under investigation, and
    ---------------------------------------------------------------------------
        \287\ Sec. 212(b)(2)(C)(ii) of Public Law 103-465 (108 Stat. 4849)
    struck out ``120'' and ``160'' and inserted ``100'' and ``140''
    respectively.
    ---------------------------------------------------------------------------
                              (ii) by substituting ``80 days'' for
                            ``140 days'' \288\ if manufacturers
                            that are multiple offenders account for
                            a significant proportion of the
                            merchandise under investigation.
    ---------------------------------------------------------------------------
        \288\ Sec. 212(b)(2)(C)(ii) of Public Law 103-465 (108 Stat. 4849)
    struck out ``100'' and ``160'' and inserted ``80'' and ``140''
    respectively.
    ---------------------------------------------------------------------------
                      (C) Definitions of offenders.--For purposes
                    of subparagraph (B)--
                              (i) The term ``second offender''
                            means a manufacturer that is specified
                            in 2 affirmative dumping determinations
                            (within the meaning of section 739) as
                            the manufacturer of short life cycle
                            merchandise that is--
                                      (I) specified in both such
                                    determinations, and
                                      (II) within the scope of the
                                    product category referred to in
                                    subparagraph (B).
                              (ii) The term ``multiple offender''
                            means a manufacturer that is specified
                            in 3 or more affirmative dumping
                            determinations (within the meaning of
                            section 739) as the manufacturer of
                            short life cycle merchandise that is--
                                      (I) specified in each of such
                                    determinations, and
                                      (II) within the scope of the
                                    product category referred to in
                                    subparagraph (B).
              (2) Preliminary determination under waiver of
            verification.--Within 75 days after the initiation of
            an investigation to administering authority shall cause
            an official designated for such purpose to review the
            information concerning the case received during the
            first 60 days of the investigation, and if there
            appears to be sufficient information available upon
            which the preliminary determination can reasonably be
            based, to disclose to the petitioner and any interested
            party, then a party to the proceedings that requests
            such disclosure, all available nonconfidential
            information and all other information which is
            disclosed pursuant to section 777. Within 3 days (not
            counting Saturdays, Sundays, or legal public holidays)
            after such disclosure, the petitioner and each party
            which is an interested party described in subparagraph
            (C), (D), or (E) of section 771(9) to whom such
            disclosure was made may furnish to the administering
            authority an irrevocable written waiver of verification
            of the information received by the authority, and an
            agreement that it is willing to have a preliminary
            determination made on the basis of the record then
            available to the authority. If a timely waiver and
            agreement have been received from the petitioner and
            each party which is an interested party described in
            subparagraph (C), (D), or (E) of section 771(9) to whom
            the disclosure was made, and the authority finds that
            sufficient information is then available upon which the
            preliminary determination can reasonably be based, a
            preliminary determination shall be made within 90 days
            after the initiation \289\ of the investigation on the
            basis of the record established during the first 60
            days after the investigation was initiated.\290\
    ---------------------------------------------------------------------------
        \289\ Sec. 233(a)(6)(B) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commencement'' and inserted in lieu thereof
    ``initiation''.
        \290\ Sec. 233(a)(6)(A)(ix) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commenced'' and inserted in lieu thereof ``initiated''.
    ---------------------------------------------------------------------------
              (3) \291\ De minimis dumping margin.--In making a
            determination under this subsection, the administering
            authority shall disregard any weighted average dumping
            margin that is de minimis. For purposes of the
            preceding sentence, a weighted average dumping margin
            is de minimis if the administering authority determines
            that it is less than 2 percent ad valorem or the
            equivalent specific rate for the subject merchandise.
    ---------------------------------------------------------------------------
        \291\ Sec. 213(a) of Public Law 103-465 (108 Stat. 4850) added
    para. (3).
    ---------------------------------------------------------------------------
        (c) Extension of Period in Extraordinarily Complicated
    Cases.--
              (1) In general.--If--
                      (A) the petitioner makes a timely request for
                    an extension of the period within which the
                    determination must be made under subsection
                    (b)(1), or
                      (B) the administering authority concludes
                    that the parties concerned are cooperating and
                    determines that--
                              (i) the case is extraordinarily
                            complicated by reason of--
                                      (I) the number and complexity
                                    of the transactions to be
                                    investigated or adjustments to
                                    be considered,
                                      (II) the novelty of the
                                    issues presented, or
                                      (III) the number of firms
                                    whose activities must be
                                    investigated, and
                              (ii) additional time is necessary to
                            make the preliminary determination,
            then the administering authority may postpone making
            the preliminary determination under subsection (b)(1)
            until not later than the 190th day after the date on
            which the administering authority initiates an
            investigation under section 732(c),\292\ or an
            investigation is initiated \293\ under section 732(a).
            No extension of a determination date may be made under
            this paragraph for any investigation in which a
            determination date provided for in subsection (b)(1)(B)
            applies unless the petitioner submits written notice to
            the administering authority of its consent to the
            extension.\294\
    ---------------------------------------------------------------------------
        \292\ Sec. 212(b)(2)(D) of Public Law 103-465 (108 Stat. 4849)
    struck out ``210th day after the date on which a petition is filed
    under section 732(b)'' and inserted in lieu thereof ``190th day after
    the date on which the administering authority initiates an
    investigation under section 732(c)''.
        \293\ Sec. 233(a)(6)(A)(x) of Public Law 103-465 (108 Stat. 4901)
    struck out ``commenced'' and inserted in lieu thereof ``initiated''.
        \294\ Sec. 1323(b)(2) of Public Law 100-418 (102 Stat. 1199)
    inserted this sentence.
    ---------------------------------------------------------------------------
              (2) Notice of postponement.--The administering
            authority shall notify the parties to the
            investigation, not later than 20 days before the date
            on which the preliminary determination would otherwise
            be required under subsection (b)(1), if it intends to
            postpone making the preliminary determination under
            paragraph (1). The notification shall include an
            explanation of the reasons for the postponement, and
            notice of the postponement shall be published in the
            Federal Register.
        (d) Effect of Determination by the Administering
    Authority.--If the preliminary determination of the
    administering authority under subsection (b) is affirmative,
    the administering authority--
              (1) \295\ (A) shall--
    ---------------------------------------------------------------------------
        \295\ Sec. 219(a)(1) of Public Law 103-465 (108 Stat. 4855) struck
    out para. (2); redesignated para. (1) as para. (2); inserted ``and'' at
    the end of para. (2); and added a new para. (1).
    ---------------------------------------------------------------------------
                      (i) determine an estimated weighted average
                    dumping margin for each exporter and producer
                    individually investigated, and
                      (ii) determine, in accordance with section
                    735(c)(5), an estimated all-others rate for all
                    exporters and producers not individually
                    investigated, and
              (B) shall order the posting of a cash deposit, bond,
            or other security, as the administering authority deems
            appropriate, for each entry of the subject merchandise
            in an amount based on the estimated weighted average
            dumping margin or the estimated all-others rate,
            whichever is applicable,
              (2) \295\ shall order the suspension of liquidation
            of all entries of merchandise subject to the
            determination which are entered, or withdrawn from
            warehouse, for consumption on or after the later of--
                      (A) the date on which notice of the
                    determination is published in the Federal
                    Register, or
                      (B) the date that is 60 days after the date
                    on which notice of the determination to
                    initiate the investigation is published in the
                    Federal Register, and \296\
    ---------------------------------------------------------------------------
        \296\ Sec. 215(b)(1)(A) of Public Law 103-465 (108 Stat. 4852)
    struck out ``warehouse, for consumption on or after the date of
    publication of the notice of the determination in the Federal
    Register'' and inserted in lieu thereof language from ``warehouse,''
    through subpara. (B).
    ---------------------------------------------------------------------------
              (3) shall make available to the Commission all
            information upon which such determination was based and
            which the Commission considers relevant to its injury
            determination, under such procedures as the
            administering authority and the Commission may
            establish to prevent disclosure, other than with the
            consent of the party providing it or under protective
            order, of any information to which confidential
            treatment has been given by the administering
            authority.
    The instructions of the administering authority under
    paragraphs (1) and (2) may not remain in effect for more than 4
    months, except that the administering authority may, at the
    request of exporters representing a significant proportion of
    exports of the subject merchandise, extend that 4-month period
    to not more than 6 months.\297\
    ---------------------------------------------------------------------------
        \297\ Sec. 215(b)(1)(B) of Public Law 103-465 (108 Stat. 4852)
    added this sentence.
    ---------------------------------------------------------------------------
        (e) Critical Circumstances Determinations.--
              (1) In general.--If a petitioner alleges critical
            circumstances in its original petition, or by amendment
            at any time more than 20 days before the date of a
            final determination by the administering authority,
            then the administering authority shall promptly (at any
            time after the initiation of the investigation under
            this subtitle) \298\ determine, on the basis of the
            information \299\ available to it at that time, whether
            there is a reasonable basis to believe or suspect
            that--
    ---------------------------------------------------------------------------
        \298\ The text within the parentheses to this point was added by
    sec. 1324(b)(2) of Public Law 100-418 (102 Stat. 1201).
        \299\ Sec. 214(b)(1)(A) of Public Law 103-465 (108 Stat. 4851)
    struck out ``best information'' and inserted in lieu thereof
    ``information''.
    ---------------------------------------------------------------------------
                      (A) \300\ the alleged countervailable subsidy
                    is inconsistent with the Subsidies Agreement,
                    and
    ---------------------------------------------------------------------------
        \300\ Sec. 214(b)(1)(A) of Public Law 103-465 (108 Stat. 4851)
    amended and restated subparas. (A) and (B).
    ---------------------------------------------------------------------------
                      (B) there have been massive imports of the
                    subject merchandise over a relatively short
                    period.
            The administering authority shall be treated as having
            made an affirmative determination under subparagraph
            (A) in any investigation to which subsection (b)(1)(B)
            is applied.\301\
    ---------------------------------------------------------------------------
        \301\ Sec. 1323(b)(3) of Public Law 100-418 (102 Stat. 1199) added
    this sentence.
    ---------------------------------------------------------------------------
              (2) Suspension of liquidation.--If the determination
            of the administering authority under paragraph (1) is
            affirmative, then any suspension of liquidation ordered
            under subsection (d)(2) \302\ shall apply, or, if
            notice of such suspension of liquidation is already
            published, be amended to apply, to unliquidated entries
            of merchandise entered, or withdrawn from warehouse,
            for consumption on or after the later of--
    ---------------------------------------------------------------------------
        \302\ Sec. 219(c)(1) of Public Law 103-465 (108 Stat. 4857) struck
    out ``subsection (d)(1)'' and inserted in lieu thereof ``subsection
    (d)(2)''.
    ---------------------------------------------------------------------------
                      (A) the date which is 90 days before the date
                    on which the suspension of liquidation was
                    first ordered, or
                      (B) the date on which notice of the
                    determination to initiate the investigation is
                    published in the Federal Register.\303\
    ---------------------------------------------------------------------------
        \303\ Sec. 215(b)(2) of Public Law 103-465 (108 Stat. 4853) struck
    out ``warehouse, for consumption on or after the date which is 90 days
    before the date on which suspension of liquidation was first ordered.''
    and inserted in lieu thereof language beginning at ``warehouse,''
    through subpara. (B).
    ---------------------------------------------------------------------------
        (f) \304\ Notice of Determination.--Whenever the Commission
    or the administering authority makes a determination under this
    section, the Commission or the administering authority, as the
    case may be, shall notify the petitioner, and other parties to
    the investigation, and the Commission or the administering
    authority (whichever is appropriate) of its determination. The
    administering authority shall include with such notification
    the facts and conclusions on which its determination is based.
    Not later than 5 days after the date on which the determination
    is required to be made under subsection (a)(2), the Commission
    shall transmit to the administering authority the facts and
    conclusions on which its determination is based.
    ---------------------------------------------------------------------------
        \304\ Sec. 212(b)(2)(E) of Public Law 103-465 (108 Stat. 4850)
    amended and restated subsec. (f).
    ---------------------------------------------------------------------------

    SEC. 734.\305\ TERMINATION OR SUSPENSION OF INVESTIGATION.

        (a) \306\ Termination of Investigation Upon Withdrawal of
    Petition.--
    ---------------------------------------------------------------------------
        \305\ 19 U.S.C. 1673c.
        \306\ Sec. 604(b) of Public Law 98-573 (98 Stat. 3026) amended and
    restated subsec. (a).
    ---------------------------------------------------------------------------
              (1) In general.--
                      (A) \307\ Withdrawal of petition.--Except as
                    provided in paragraphs (2) and (3), an
                    investigation under this subtitle may be
                    terminated by either the administering
                    authority or the Commission, after notice to
                    all parties to the investigation, upon
                    withdrawal of the petition by the petitioner or
                    by the administering authority if the
                    investigation was initiated under section
                    702(a).
    ---------------------------------------------------------------------------
        \307\ Sec. 217(b) of Public Law 103-465 (108 Stat. 4853) struck out
    ``Except'', inserted in lieu thereof ``(A) Withdrawal of petition.--
    Except'', indented subpara. (A), and added a new subpara. (B).
    ---------------------------------------------------------------------------
                      (B) \307\ Refiling of petition.--If, within 3
                    months after the withdrawal of a petition under
                    subparagraph (A), a new petition is filed
                    seeking the imposition of duties on both the
                    subject merchandise of the withdrawn petition
                    and the subject merchandise from another
                    country, the administering authority and the
                    Commission may use in the investigation
                    initiated pursuant to the new petition any
                    records compiled in an investigation conducted
                    pursuant to the withdrawn petition. This
                    subparagraph applies only with respect to the
                    first withdrawal of a petition.
              (2) Special rules for quantitative restriction
            agreement.--
                      (A) In general.--Subject to subparagraphs (B)
                    and (C), the administering authority may not
                    terminate an investigation under paragraph (1)
                    by accepting an understanding or other kind of
                    agreement to limit the volume of imports into
                    the United States of the subject merchandise
                    \308\ unless the administering authority is
                    satisfied that termination on the basis of that
                    agreement is in the public interest.
    ---------------------------------------------------------------------------
        \308\ Sec. 233(a)(5)(S) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise that is subject to the investigation'' and
    inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
                      (B) Public interest factors.--In making a
                    decision under subparagraph (A) regarding the
                    public interest the administering authority
                    shall take into account--
                              (i) whether, based upon the relative
                            impact on consumer prices and the
                            availability of supplies of the
                            merchandise, the agreement would have a
                            greater adverse impact on United States
                            consumers than the imposition of
                            antidumping duties;
                              (ii) the relative impact on the
                            international economic interests of the
                            United States; and
                              (iii) the relative impact on the
                            competitiveness of the domestic
                            industry producing the like merchandise
                            including any such impact on employment
                            and investment in that industry.
                      (C) Prior consultations.--Before making a
                    decision under subparagraph (A) regarding the
                    public interest, the administering authority
                    shall, to the extent practicable, consult
                    with--
                              (i) potentially affected consuming
                            industries; and
                              (ii) Potentially affected producers
                            and workers in the domestic industry
                            producing the like merchandise,
                            including producers and workers not
                            party to the investigation.
              (3) Limitation on termination by commission.--The
            Commission may not terminate an investigation under
            paragraph (1) before a preliminary determination is
            made by the administrative authority under section
            703(b).
        (b) Agreements To Eliminate Completely Sales at Less Than
    Fair Value or To Cease Export of Merchandise.--The
    administering authority may suspend an investigation if the
    exporters of the subject merchandise \309\ who account for
    substantially all of the imports of that merchandise agree--
    ---------------------------------------------------------------------------
        \309\ Sec. 233(a)(5)(T) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise'' in subsecs. (b),
    (c)(1), (f)(1)(A), (f)(2)(A)(i), (g)(1), (h)(2), (h)(3), and (j) of
    sec. 734.
    ---------------------------------------------------------------------------
              (1) to cease exports of the merchandise to the United
            States within 6 months after the date on which the
            investigation is suspended, or
              (2) to revise their prices to eliminate completely
            any amount by which the normal value \310\ of the
            merchandise which is the subject of the agreement
            exceeds the export price (or the constructed export
            price) \311\ of that merchandise.
    ---------------------------------------------------------------------------
        \310\ Sec. 233(a)(1)(B) of Public Law 103-465 (108 Stat. 4898)
    struck out ``foreign market value'' and inserted in lieu thereof
    ``normal value''.
        \311\ Sec. 233(a)(2)(A)(ii) of Public Law 103-465 (108 Stat. 4898)
    struck out ``United States price'' and inserted in lieu thereof
    ``export price (or the constructed export price)''.
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        (c) Agreements Eliminating Injurious Efforts.--
              (1) General rule.--If the administering authority
            determines that extraordinary circumstances are present
            in a case, it may suspend an investigation upon the
            acceptance of an agreement to revise prices from
            exporters of the subject merchandise \309\ who account
            for substantially all of the imports of that
            merchandise into the United States, if the agreement
            will eliminate completely the injurious effect of
            exports to the United States of that merchandise and
            if--
                      (A) the suppression or undercutting of price
                    levels of domestic products by imports of that
                    merchandise will be prevented, and
                      (B) for each entry of each exporter the
                    amount by which the estimated normal value
                    \310\ exceeds the export price (or the
                    constructed export price) \311\ will not exceed
                    15 percent of the weighted average amount by
                    which the estimated normal value \310\ exceeded
                    the export price (or the constructed export
                    price) \311\ for all less-than-fair-value
                    entries of the exporter examined during the
                    course of the investigation.
              (2) Definition of extraordinary circumstances.--
                      (A) Extraordinary circumstances.--For
                    purposes of this subsection, the term
                    ``extraordinary circumstances'' means
                    circumstances in which--
                              (i) suspension of an investigation
                            will be more beneficial to the domestic
                            industry than continuation of the
                            investigation, and
                              (ii) the investigation is complex.
                      (B) Complex.--For purposes of this paragraph,
                    the term ``complex'' means--
                              (i) there are a large number of
                            transactions to be investigated or
                            adjustments to be considered,
                              (ii) the issues raised are novel, or
                              (iii) the number of firms involved is
                            large.
        (d) \312\ Additional Rules and Conditions.--The
    administering authority may not accept an agreement under
    subsection (b) or (c) unless--
    ---------------------------------------------------------------------------
        \312\ Sec. 604(b)(2) of Public Law 98-573 (98 Stat. 3027) amended
    and restated subsec. (d).
    ---------------------------------------------------------------------------
              (1) it is satisfied that suspension of the
            investigation is in the public interest, and
              (2) effective monitoring of the agreement by the
            United States is practicable.
    Where practicable, the administering authority shall provide to
    the exporters who would have been subject to the agreement the
    reasons for not accepting the agreement and, to the extent
    possible, an opportunity to submit comments thereon.\313\
    ---------------------------------------------------------------------------
        \313\ Sec. 216(b) of Public Law 103-465 (108 Stat. 4853) added this
    sentence.
    ---------------------------------------------------------------------------
        (e) Suspension of Investigation Procedure.--Before an
    investigation may be suspended under subsection (b) or (c) the
    administering authority shall--
              (1) notify the petitioner of, and consult with the
            petitioner concerning, its intention to suspend the
            investigation, and notify other parties to the
            investigation and the Commission not less than 30 days
            before the date on which it suspends the investigation,
              (2) provide a copy of the proposed agreement to the
            petitioner at the time of the notification, together
            with an explanation of how the agreement will be
            carried out and enforced, and of how the agreement will
            meet the requirements of subsections (b) and (d) or (c)
            and (d), and
              (3) permit all interested parties described in
            section 771(9) \314\ to submit comments and information
            for the record before the date on which notice of
            suspension of the investigation is published under
            subsection (f)(1)(A).
    ---------------------------------------------------------------------------
        \314\ Sec. 604(b)(3) of Public Law 98-573 (98 Stat. 3027) struck
    out ``all parties to the investigation'' and inserted in lieu thereof
    ``all interested parties described in section 771(9)''.
    ---------------------------------------------------------------------------
        (f) Effects of Suspension of Investigation.--
              (1) In general.--If the administering authority
            determines to suspend an investigation upon acceptance
            of an agreement described in subsection (b) or (c),
            then--
                      (A) it shall suspend the investigation,
                    publish notice of suspension of the
                    investigation, and issue an affirmative
                    preliminary determination under section 733(b)
                    with respect to the subject merchandise,\309\
                    unless it has previously issued such a
                    determination in the same investigation,
                      (B) the Commission shall suspend any
                    investigation it is conducting with respect to
                    that merchandise, and
                      (C) the suspension of investigation shall
                    take effect on the day on which such notice is
                    published.
              (2) Liquidation of entries.--
                      (A) Cessation of exports; complete
                    elimination of dumping margin.--If the
                    agreement accepted by the administering
                    authority is an agreement described in
                    subsection (b), then--
                              (i) notwithstanding the affirmative
                            preliminary determination required
                            under paragraph (1)(A), the liquidation
                            of entries of subject merchandise \309\
                            shall not be suspended under section
                            733(d)(2),\315\
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        \315\ Sec. 219(c)(2)(A) of Public Law 103-465 (108 Stat. 4857)
    struck out ``section 733(d)(1)'' and inserted in lieu thereof ``section
    733(d)(2)''.
    ---------------------------------------------------------------------------
                              (ii) if the liquidation of entries of
                            such merchandise was suspended pursuant
                            to a previous affirmative preliminary
                            determination in the same case with
                            respect to such merchandise, that
                            suspension of liquidation shall
                            terminate, and
                              (iii) the administering authority
                            shall refund any cash deposit and
                            release any bond or other security
                            deposited under section
                            733(d)(1)(B).\316\
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        \316\ Sec. 219(c)(2)(B) of Public Law 103-465 (108 Stat. 4857)
    struck out ``section 733(d)(2)'' and inserted in lieu thereof ``section
    733(d)(1)(B)''.
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                      (B) Other agreements.--If the agreement
                    accepted by the administering authority is an
                    agreement described in subsection (c), the
                    liquidation of entries of the subject
                    merchandise \317\ shall be suspended under
                    section 733(d)(2),\318\ or, if the liquidation
                    of entries of such merchandise was suspended
                    pursuant to a previous affirmative preliminary
                    determination in the same case, that suspension
                    of liquidation shall continue in effect,
                    subject to subsection (h)(3), but the security
                    required under section 733(d)(1)(B) \318\ may
                    be adjusted to reflect the effect of the
                    agreement.
    ---------------------------------------------------------------------------
        \317\ Sec. 233(a)(5)(U) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise subject to the investigation'' and inserted in
    lieu thereof ``subject merchandise''.
        \318\ Sec. 219(c)(3) of Public Law 103-465 (108 Stat. 4857) struck
    out ``section 733(d)(1)'' and inserted in lieu thereof ``section
    733(d)(2)'', and struck out ``section 733(d)(2)'' and inserted in lieu
    thereof ``section 733(d)(1)(B)'', respectively.
    ---------------------------------------------------------------------------
              (3) Where investigation is continued.--If, pursuant
            to subsection (g), the administering authority and the
            Commission continue an investigation in which an
            agreement has been accepted under subsection (b) or
            (c), then--
                      (A) if the final determination by the
                    administering authority or the Commission under
                    section 735 is negative, the agreement shall
                    have no force or effect and the investigation
                    shall be terminated, or
                      (B) if the final determinations by the
                    administering authority and the Commission
                    under such section are affirmative, the
                    agreement shall remain in force, but the
                    administering authority shall not issue an
                    antidumping duty order in the case so long as--
                              (i) the agreement remains in force,
                              (ii) the agreement continues to meet
                            the requirements of subsections (b) and
                            (d), or (c) and (d), and
                              (iii) the parties to the agreement
                            carry out their obligations under the
                            agreement in accordance with its terms.
        (g) Investigation To Be Continued Upon Request.--If the
    administering authority, within 20 days after the date of
    publication of the notice of suspension of an investigation,
    receives a request for the continuation of the investigation
    from--
              (1) an exporter or exporters accounting for a
            significant proportion of exports of the United States
            of the subject merchandise,\309\ or
              (2) an interested party described in subparagraph
            (C), (D), (E), (F), or (G) \160\ of section 771(9)
            which is a party to the investigation,
    then the administering authority and the Commission shall
    continue the investigation.
        (h) Review of Suspension.--
              (1) In general.--Within 20 days after the suspension
            of an investigation under subsection (c), an interested
            party which is a party to the investigation and which
            is described in subparagraph (C), (D), (E), (F), or (G)
            \160\ of section 771(9) may, by petition filed with the
            Commission and with notice to the administering
            authority, ask for a review of the suspension.
              (2) Commission investigation.--Upon receipt of a
            review petition under paragraph (1), the Commission
            shall, within 75 days after the date on which the
            petition is filed with it, determine whether the
            injurious effect of imports of the subject merchandise
            \309\ is eliminated completely by the agreement. If the
            Commission's determination under this subsection is
            negative, the investigation shall be resumed on the
            date of publication of notice of such determination as
            if the affirmative preliminary determination under
            section 733(b) had been made on that date.
              (3) Suspension of liquidation to continue during
            review period.--The suspension of liquidation of
            entries of the subject merchandise \309\ shall
            terminate at the close of the 20-day period beginning
            on the day after the date on which notice of suspension
            of the investigation is published in the Federal
            Register, or, if a review petition is filed under
            paragraph (1) with respect to the suspension of the
            investigation, in the case of an affirmative
            determination by the Commission under paragraph (2),
            the date on which notice of an affirmative
            determination by the Commission is published. If the
            determination of the Commission under paragraph (2) is
            affirmative, then the administering authority shall--
                      (A) terminate the suspension of liquidation
                    under section 733(d)(2),\319\ and
    ---------------------------------------------------------------------------
        \319\ Sec. 219(c)(4)(A) of Public Law 103-465 (108 Stat. 4857)
    struck out ``section 733(d)(1)'' and inserted in lieu thereof ``section
    733(d)(2)''.
    ---------------------------------------------------------------------------
                      (B) release any bond or other security, and
                    refund any cash deposit, required under section
                    733(d)(1)(B).\320\
    ---------------------------------------------------------------------------
        \320\ Sec. 219(c)(4)(B) of Public Law 103-465 (108 Stat. 4857)
    struck out ``section 733(d)(2)'' and inserted in lieu thereof ``section
    733(d)(1)(B)''.
    ---------------------------------------------------------------------------
        (i) Violation of Agreement.--
              (1) In general.--If the administering authority
            determines that an agreement accepted under subsection
            (b) or (c) is being, or has been, violated, or no
            longer meets the requirements of such subsection (other
            than the requirement, under subsection (c)(1), of
            elimination of injury) and subsection (d), then, on the
            date of publication of its determination, it shall--
                      (A) suspend liquidation under section
                    733(d)(2) \321\ of unliquidated entries of the
                    merchandise made on the later of--
    ---------------------------------------------------------------------------
        \321\ Sec. 219(c)(5) of Public Law 103-465 (108 Stat. 4857) struck
    out ``section 733(d)(1)'' and inserted in lieu thereof ``section
    733(d)(2)''.
    ---------------------------------------------------------------------------
                              (i) the date which is 90 days before
                            the date of publication of the notice
                            of suspension of liquidation, or
                              (ii) the date on which the
                            merchandise, the sale or export to the
                            United States of which was in violation
                            of the agreement, or under an agreement
                            which no longer meets the requirements
                            of subsections (b) and (d), or (c) and
                            (d), was first entered, or withdrawn
                            from warehouse, for consumption,
                      (B) if the investigation was not completed,
                    resume the investigation as if its affirmative
                    preliminary determination were made on the date
                    of its determination under this paragraph,
                      (C) if the investigation was completed under
                    subsection (g), issue an antidumping duty order
                    under section 736(a) effective with respect to
                    entries of merchandise liquidation of which was
                    suspended,
                      (D) \322\ if it considers the violation to be
                    intentional, notify the Commissioner of Customs
                    who shall take appropriate action under
                    paragraph (2), and
    ---------------------------------------------------------------------------
        \322\ Sec. 604(b) (4) of Public Law 98-573 (98 Stat. 3027)
    redesignated existing subpara. (D) as subpara. (E), and added a new
    subpara. (D).
    ---------------------------------------------------------------------------
                      (E) \322\ notify the petitioner, interested
                    parties who are or were parties to the
                    investigation, and the Commission of its action
                    under this paragraph.
              (2) Intentional violation to be punished by civil
            penalty.--Any person who intentionally violates an
            agreement accepted by the administering authority under
            subsection (b) or (c) shall be subject to a civil
            penalty assessed in the same amount, in the same
            manner, and under the same procedures, as the penalty
            imposed for a fraudulent violation of section 592(a) of
            this Act.
        (j) Determination Not To Take Agreement Into Account.--In
    making a final determination under section 735, or in
    conducting a review under section 751, in a case in which the
    administering authority has terminated a suspension of
    investigation under subsection (i)(1), or continued an
    investigation under subsection (g), the Commission and the
    administering authority shall consider all of the subject
    merchandise \309\ without regard to the effect of any agreement
    under subsection (b) or (c).
        (k) \323\ Termination of Investigation Initiated by
    Administering Authority.--The administering authority may
    terminate any investigation initiated by the administering
    authority under section 732(a) after providing notice of such
    termination to all parties to the investigation.
    ---------------------------------------------------------------------------
        \323\ Sec. 604(b)(5) of Public Law 98-573 (98 Stat. 3027) added
    subsec. (k).
    ---------------------------------------------------------------------------
        (l) \324\ Special Rule for Nonmarket Economy Countries.--
    ---------------------------------------------------------------------------
        \324\ Sec. 1316(c) of Public Law 100-418 (102 Stat. 1187) added
    subsec. (l). Sec. 1337(b) of that Act further stated that the
    amendments made by sec. 1316 shall only apply with respect to
    investigations initiated after the date of enactment of that Act, and
    to reviews initiated under secs. 736(c) or 751 of the Tariff Act of
    1930 after the date of enactment of that Act.
    ---------------------------------------------------------------------------
              (1) In general.--The administering authority may
            suspend an investigation under this subtitle upon
            acceptance of an agreement with a nonmarket economy
            country to restrict the volume of imports into the
            United States of the merchandise under investigation
            only if the administering authority determines that--
                      (A) such agreement satisfies the requirements
                    of subsection (d), and
                      (B) will prevent the suppression or
                    undercutting of price levels of domestic
                    products by imports of the merchandise under
                    investigation.
              (2) Failure of agreements.--If the administering
            authority determines that an agreement accepted under
            this subsection no longer prevents the suppression or
            undercutting of domestic prices of merchandise
            manufactured in the United States, the provisions of
            subsection (i) shall apply.
        (m) \325\ Special Rule for Regional Industry
    Investigations.--
    ---------------------------------------------------------------------------
        \325\ Sec. 218(a)(2) of Public Law 103-465 (108 Stat. 4854) added
    subsec. (m).
    ---------------------------------------------------------------------------
              (1) Suspension agreements.--If the Commission makes a
            regional industry determination under section
            771(4)(C), the administering authority shall offer
            exporters of the subject merchandise who account for
            substantially all exports of that merchandise for sale
            in the region concerned the opportunity to enter into
            an agreement described in subsection (b), (c), or (l).
              (2) Requirements for suspension agreements.--Any
            agreement described in paragraph (1) shall be subject
            to all the requirements imposed under this section for
            other agreements under subsection (b), (c), or (l),
            except that if the Commission makes a regional industry
            determination described in paragraph (1) in the final
            affirmative determination under section 735(b) but not
            in the preliminary affirmative determination under
            section 733(a), any agreement described in paragraph
            (1) may be accepted within 60 days after the
            antidumping order is published under section 736.
              (3) Effect of suspension agreement on antidumping
            duty order.--If an agreement described in paragraph (1)
            is accepted after the antidumping duty order is
            published, the administering authority shall rescind
            the order, refund any cash deposit and release any bond
            or other security deposited under section 733(d)(1)(B),
            and instruct the Customs Service that entries of the
            subject merchandise that were made during the period
            that the order was in effect shall be liquidated
            without regard to antidumping duties.

    SEC. 735.\326\ FINAL DETERMINATIONS.

        (a) Final Determination by Administering Authority.--
    ---------------------------------------------------------------------------
        \326\ 19 U.S.C. 1673d.
    ---------------------------------------------------------------------------
              (1) General rule.--Within 75 days after the date of
            its preliminary determination under section 733(b), the
            administering authority shall make a final
            determination of whether the subject merchandise \327\
            is being, or is likely to be, sold in the United States
            at less than its fair value.
    ---------------------------------------------------------------------------
        \327\ Sec. 233(a)(5)(V) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise which was the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (2) Extension of period for determination.--The
            administering authority may postpone making the final
            determination under paragraph (1) until not later than
            the 135th day after the date on which it published
            notice of its preliminary determination under section
            733(b) if a request in writing for such a postponement
            is made by--
                      (A) exporters who account for a significant
                    proportion of exports of the merchandise which
                    is the subject of the investigation, in a
                    proceeding in which the preliminary
                    determination by the administering authority
                    under section 733(b) was affirmative, or
                      (B) the petitioner, in a proceeding in which
                    the preliminary determination by the
                    administering authority under section 733(b)
                    was negative.
              (3) Critical circumstances determinations.--If the
            final determination of the administering authority is
            affirmative, then that determination, in any
            investigation in which the presence of critical
            circumstances has been alleged under section 733(e),
            shall also contain a finding of whether--
                      (A)(i) there is a history of dumping and
                    material injury by reason of dumped imports
                    \328\ in the United States or elsewhere of the
                    subject merchandise,\329\ or
    ---------------------------------------------------------------------------
        \328\ Sec. 214(b)(2)(A)(i)(I) of Public Law 103-465 (108 Stat.
    4851) inserted ``and material injury by reason of dumped imports''
    after ``history of dumping''.
        \329\ Sec. 214(b)(2)(A)(i)(II) of Public Law 103-465 (108 Stat.
    4851) struck out ``class or kind of merchandise which is the subject of
    the investigation'' and inserted in lieu thereof ``subject
    merchandise''.
    ---------------------------------------------------------------------------
                      (ii) the person by whom, or for whose
                    account, the merchandise was imported knew or
                    should have known that the exporter was selling
                    the subject merchandise at less than its fair
                    value and that there would be material injury
                    by reason of such sales,\330\ and
    ---------------------------------------------------------------------------
        \330\ Sec. 214(b)(2)(A)(ii) of Public Law 103-465 (108 Stat. 4851)
    struck out ``merchandise which is the subject of the investigation at
    less than its fair value'' and inserted in lieu thereof ``subject
    merchandise at less than its fair value and that there would be
    material injury by reason of such sales''.
    ---------------------------------------------------------------------------
                      (B) there have been massive imports of the
                    subject merchandise \331\ over a relatively
                    short period.
    ---------------------------------------------------------------------------
        \331\ Sec. 214(b)(2)(A)(iii) of Public Law 103-465 (108 Stat. 4851)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (4) \332\ De minimis dumping margin.--In making a
            determination under this subsection, the administering
            authority shall disregard any weighted average dumping
            margin that is de minimis as defined in section
            733(b)(3).
    ---------------------------------------------------------------------------
        \332\ Sec. 213(b) of Public Law 103-465 (108 Stat. 4850) added
    para. (4).
    ---------------------------------------------------------------------------
    Such findings may be affirmative even though the preliminary
    determination under section 733(e)(1) was negative.\333\
    ---------------------------------------------------------------------------
        \333\ Sec. 605(b)(1) of Public Law 98-573 (98 Stat. 3028) added
    this sentence.
    ---------------------------------------------------------------------------
        (b) Final Determination by Commission.--
              (1) In general.--The Commission shall make a final
            determination of whether--
                      (A) an industry in the United States--
                              (i) is materially injured, or
                              (ii) is threatened with material
                            injury, or
                      (B) the establishment of an industry in the
                    United States is materially retarded,
            by reason of imports, or sales (or the likelihood of
            sales) for importation,\334\ of the merchandise with
            respect to which the administering authority has made
            an affirmative determination under subsection (a)(1).
            If the Commission determines that imports of the
            subject merchandise are negligible, the investigation
            shall be terminated.\335\
    ---------------------------------------------------------------------------
        \334\ Sec. 602(c) of Public Law 98-573 (98 Stat. 3024) added the
    words ``, or sales (or the likelihood of sales) for importation,''. Sec
    626(b) of Public Law 98-573 further stated that this amendment shall
    apply with respect to investigations initiated by petition or by the
    administering authority under subtitles A and B of title VII of the
    Tariff Act of 1930 on or after the effective date of this Act (October
    30, 1984).
        \335\ Sec. 212(b)(1)(B) of Public Law 103-465 (108 Stat. 4849)
    added this sentence.
    ---------------------------------------------------------------------------
              (2) Period for injury determination following
            affirmative preliminary determination by administering
            authority.--If the preliminary determination by the
            administering authority under section 733(b) is
            affirmative, then the Commission shall make the
            determination required by paragraph (1) before the
            later of--
                      (A) the 120th day after the day on which the
                    administering authority makes its affirmative
                    preliminary determination under section 733(b),
                    or
                      (B) the 45th day after the day on which the
                    administering authority makes its affirmative
                    final determination under subsection (a).
              (3) Period for injury determination following
            negative preliminary determination by administering
            authority.--If the preliminary determination by the
            administering authority under section 733(b) is
            negative, and its final determination under subsection
            (a) is affirmative, then the final determination by the
            Commission under this subsection shall be made within
            75 days after the date of that affirmative final
            determination.
              (4) Certain additional findings.--
                      (A) \336\ Commission standard for retroactive
                    application.--
    ---------------------------------------------------------------------------
        \336\ Sec. 1324(b)(3) of Public Law 100-418 (102 Stat. 1201)
    amended and restated subpara. (A). Subsequently, sec. 214(b)(2)(B) of
    Public Law 103-465 (108 Stat. 4851) amended and restated subpara. (A).
    ---------------------------------------------------------------------------
                              (i) In general.--If the finding of
                            the administering authority under
                            subsection (a)(3) is affirmative, then
                            the final determination of the
                            Commission shall include a finding as
                            to whether the imports subject to the
                            affirmative determination under
                            subsection (a)(3) are likely to
                            undermine seriously the remedial effect
                            of the antidumping duty order to be
                            issued under section 736.
                              (ii) Factors to consider.--In making
                            the evaluation under clause (i), the
                            Commission shall consider, among other
                            factors it considers relevant--
                                      (I) the timing and the volume
                                    of the imports,
                                      (II) a rapid increase in
                                    inventories of the imports, and
                                      (III) any other circumstances
                                    indicating that the remedial
                                    effect of the antidumping order
                                    will be seriously undermined.
                      (B) If the final determination of the
                    commission is that there is no material injury
                    but that there is threat of material injury,
                    then its determination shall also include a
                    finding as to whether material injury by reason
                    of the imports of the merchandise with respect
                    to which the administering authority has made
                    an affirmative determination under subsection
                    (a) of this section would have been found but
                    for any suspension of liquidation of entries of
                    the merchandise.
        (c) Effect of Final Determinations.--
              (1) Effect of affirmative determination by the
            administering authority.--If the determination of the
            administering authority under subsection (a) is
            affirmative, then--
                      (A) the administering authority shall make
                    available to the Commission all information
                    upon which such determination was based and
                    which the Commission considers relevant to its
                    determination, under such procedures as the
                    administering authority and the Commission may
                    establish to prevent disclosure, other than
                    with the consent of the party providing it or
                    under protective order, of any information as
                    to which confidential treatment has been given
                    by the administering authority,\337\
    ---------------------------------------------------------------------------
        \337\ Sec. 219(b)(1) of Public Law 103-465 (108 Stat. 4856)
    redesignated subpara. (B) as subpara. (C); struck out ``and'' at the
    end of subpara. (A); and inserted a new subpara. (B).
    ---------------------------------------------------------------------------
                      (B) \337\ (i) the administering authority
                    shall--
                              (I) determine the estimated weighted
                            average dumping margin for each
                            exporter and producer individually
                            investigated, and
                              (II) determine, in accordance with
                            paragraph (5), the estimated all-others
                            rate for all exporters and producers
                            not individually investigated, and
                      (ii) the administering authority shall order
                    the posting of a cash deposit, bond, or other
                    security, as the administering authority deems
                    appropriate, for each entry of the subject
                    merchandise in an amount based on the estimated
                    weighted average dumping margin or the
                    estimated all-others rate, whichever is
                    applicable, and
                      (C) \337\ in cases where the preliminary
                    determination by the administering authority
                    under section 733(b) was negative, the
                    administering authority shall order the
                    suspension of liquidation under section
                    733(d)(2).\338\
    ---------------------------------------------------------------------------
        \338\ Sec. 219(b)(1)(A)(ii) of Public Law 103-465 (108 Stat. 4856)
    struck out ``under paragraphs (1) and (2) of section 733(d) the
    suspension of liquidation and the posting of a cash deposit, bond, or
    other security'' and inserted in lieu thereof ``the suspension of
    liquidation under section 733(d)(2)''.
    ---------------------------------------------------------------------------
              (2) Issuance of order; effect of negative
            determination.--If the determinations of the
            administering authority and the Commission under
            subsections (a)(1) and (b)(1) are affirmative then the
            administering authority shall issue an antidumping duty
            order under section 736(a). If either of such
            determinations is negative, the investigation shall be
            terminated upon the publication of notice of that
            negative determination and the administering authority
            shall--
                      (A) terminate the suspension of liquidation
                    under section 733(d)(2),\339\ and
    ---------------------------------------------------------------------------
        \339\ Sec. 219(c)(6) of Public Law 103-465 (108 Stat. 4857) struck
    out ``section 703(d)(1)'' and inserted in lieu thereof ``section
    733(d)(2)''.
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                      (B) release any bond or other security, and
                    refund any cash deposit, required under section
                    733(d)(1)(B).\340\
    ---------------------------------------------------------------------------
        \340\ Sec. 219(c)(7) of Public Law 103-465 (108 Stat. 4857) struck
    out ``section 733(d)(2)'' and inserted in lieu thereof ``section
    733(d)(1)(B)''.
    ---------------------------------------------------------------------------
              (3) Effect of negative determinations under
            subsections (a)(3)  and (b)(4)(A).--If the
            determination of the administering authority or the
            Commission under subsection (a)(3) or (b)(4)(A),
            respectively, is negative, then the administering
            authority shall--
                      (A) terminate any retroactive suspension of
                    liquidation required under paragraph (4) \341\
                    or section 733(e)(2), and
    ---------------------------------------------------------------------------
        \341\ Sec. 605(b) of Public Law 98-573 (98 Stat. 3028) amended
    subsec. (c) by inserting the reference to para. (4) in para. (3), and
    by adding a new para. (4).
    ---------------------------------------------------------------------------
                      (B) release any bond or other security, and
                    refund any cash deposit required, under section
                    733(d)(1)(B) \342\ with respect to entries of
                    the merchandise the liquidation of which was
                    suspended retroactively under section
                    733(e)(2).
    ---------------------------------------------------------------------------
        \342\ Sec. 219(c)(8) of Public Law 103-465 (108 Stat. 4857) struck
    out ``section 733(d)(2)'' and inserted ``section 733(d)(1)(B)''.
    ---------------------------------------------------------------------------
              (4) \341\ Effect of affirmative determination under
            subsection (a)(3).--If the determination of the
            administering authority under subsection (a)(3) is
            affirmative, then the administering authority shall--
                      (A) in cases where the preliminary
                    determinations by the administering authority
                    under sections 733(b) and 733(e)(1) were both
                    affirmative, continue the retroactive
                    suspension of liquidation and the posting of a
                    cash deposit, bond, or other security
                    previously ordered under section 733(e)(2);
                      (B) in cases where the preliminary
                    determination by the administering authority
                    under section 733(b) was affirmative, but the
                    preliminary determination under section
                    733(e)(1) was negative, shall modify any
                    suspension of liquidation and security
                    requirement previously ordered under section
                    733(d) to apply to unliquidated entries of
                    merchandise entered, or withdrawn from
                    warehouse, for consumption on or after the date
                    which is 90 days before the date on which
                    suspension of liquidation was first ordered; or
                      (C) in cases where the preliminary
                    determination by the administering authority
                    under section 733(b) was negative, shall apply
                    any suspension of liquidation and security
                    requirement ordered under subsection
                    735(c)(1)(B) to unliquidated entries of
                    merchandise entered, or withdrawn from
                    warehouse, for consumption on or after the date
                    which is 90 days before the date on which
                    suspension of liquidation is first ordered.
              (5) \343\ Method for determining estimated all-others
            rate.--
    ---------------------------------------------------------------------------
        \343\ Sec. 219(b)(2) of Public Law 103-465 (108 Stat. 4856) added
    para. (5).
    ---------------------------------------------------------------------------
                      (A) General rule.--For purposes of this
                    subsection and section 733(d), the estimated
                    all-others rate shall be an amount equal to the
                    weighted average of the estimated weighted
                    average dumping margins established for
                    exporters and producers individually
                    investigated, excluding any zero and de minimis
                    margins, and any margins determined entirely
                    under section 776.
                      (B) Exception.--If the estimated weighted
                    average dumping margins established for all
                    exporters and producers individually
                    investigated are zero or de minimis margins, or
                    are determined entirely under section 776, the
                    administering authority may use any reasonable
                    method to establish the estimated all-others
                    rate for exporters and producers not
                    individually investigated, including averaging
                    the estimated weighted average dumping margins
                    determined for the exporters and producers
                    individually investigated.
        (d) Publication of Notice of Determinations.--Whenever the
    administering authority or the Commission makes a determination
    under this section, it shall notify the petitioner, other
    parties to the investigation, and the other agency of its
    determination and of the facts and conclusions of law upon
    which the determination is based, and it shall publish notice
    of its determination in the Federal Register.
      (e) \344\ Correction of Ministerial Errors.--The
    administering authority shall establish procedures for the
    correction of ministerial errors in final determinations within
    a reasonable time after the determinations are issued under
    this section. Such procedures shall ensure opportunity for
    interested parties to present their views regarding any such
    errors. As used in this subsection, the term ``ministerial
    error'' includes errors in addition, subtraction, or other
    arithmetic function, clerical errors resulting from inaccurate
    copying, duplication, or the like, and any other type of
    unintentional error which the administering authority considers
    ministerial.
    ---------------------------------------------------------------------------
        \344\ Sec. 1333(a) of Public Law 100-418 (102 Stat. 1209) added
    subsec. (e).
    ---------------------------------------------------------------------------

    SEC. 736.\345\ ASSESSMENT OF DUTY.

        (a) Publication of Antidumping Duty Order.--Within 7 days
    after being notified by the Commission of an affirmative
    determination under section 735(b), the administering authority
    shall publish an antidumping duty order which--
    ---------------------------------------------------------------------------
        \345\ 19 U.S.C. 1673e.
    ---------------------------------------------------------------------------
              (1) directs customs officers to assess an antidumping
            duty equal to the amount by which the normal value
            \346\ of the merchandise exceeds the export price (or
            the constructed export price) \347\ of the merchandise,
            within 6 months after the date on which the
            administering authority receives satisfactory
            information upon which the assessment may be based, but
            in no event later than--
    ---------------------------------------------------------------------------
        \346\ Sec. 233(a)(1)(C) of Public Law 103-465 (108 Stat. 4898)
    struck out ``foreign market value'' and inserted in lieu thereof
    ``normal value''.
        \347\ Sec. 233(a)(2)(A)(iii) of Public Law 103-465 (108 Stat. 4898)
    struck out ``United States price'' and inserted in lieu thereof
    ``export price (or the constructed export price)''.
    ---------------------------------------------------------------------------
                      (A) 12 months after the end of the annual
                    accounting period of the manufacturer or
                    exporter within which the merchandise is
                    entered, or withdrawn from warehouse, for
                    consumption, or
                      (B) in the case of merchandise not sold prior
                    to its importation of the United States, 12
                    months after the end of the annual accounting
                    period of the manufacturer or exporter within
                    which it is sold in the United States to a
                    person who is not the exporter of the
                    merchandise.
              (2) includes a description of the subject
            merchandise,\348\ in such detail as the administering
            authority deems necessary, and
    ---------------------------------------------------------------------------
        \348\ Sec. 233(a)(5)(W) of Public Law 103-465 (108 Stat. 4900)
    struck out ``class or kind of merchandise to which it applies'' and
    inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (3) requires the deposit of estimated antidumping
            duties pending liquidation of entries of merchandise at
            the same time as estimated normal customs duties on
            that merchandise are deposited.
        (b) Imposition of Duty.--
              (1) General rule.--If the Commission in its final
            determination under section 735(b), finds material
            injury or threat of material injury which, but for the
            suspension of liquidation under section 733(d)(2) \349\
            would have led to a finding of material injury, then
            entries of the subject merchandise,\350\ the
            liquidation of which has been suspended under section
            733(d)(2),\343\ shall be subject to the imposition of
            antidumping duties under section 731.
    ---------------------------------------------------------------------------
        \349\ Sec. 219(c)(9) of Public Law 103-465 (108 Stat. 4857) struck
    out ``section 733(d)(1)'' and inserted in lieu thereof ``section
    733(d)(2)''.
        \350\ Sec. 233(a)(5)(X) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise subject to the antidumping duty order'' and
    inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (2) Special rule.--If the Commission, in its final
            determination under section 735(b), finds threat of
            material injury, other than threat of material injury
            described in paragraph (1), or material retardation of
            the establishment of an industry in the United States,
            then subject merchandise \351\ which is entered, or
            withdrawn from warehouse, for consumption on or after
            the date of publication of notice of an affirmative
            determination of the Commission under section 735(b)
            shall be subject to the assessment of antidumping
            duties under section 731, and the administering
            authority shall release any bond or other security, and
            refund any cash deposit made, to secure the payment of
            antidumping duties with respect to entries of the
            merchandise entered, or withdrawn from warehouse, for
            consumption before that date.
    ---------------------------------------------------------------------------
        \351\ Sec. 233(a)(5)(Y) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise subject to an antidumping duty order'' and
    inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
        (c) Security in Lieu of Estimated Duty Pending Early
    Determination of Duty.--
              (1) \352\ Conditions for waiver of deposit of
            estimated duties.--The administering authority may
            permit, for not more than 90 days after the date of
            publication of an order under subsection (a), the
            posting of a bond or other security in lieu of the
            deposit of estimated antidumping duties required under
            subsection (a)(3) if--
    ---------------------------------------------------------------------------
        \352\ Sec. 1325(a) of Public Law 100-418 (102 Stat. 1201) amended
    and restated para. (1). Sec. 1337(b) of that Act further stated that
    the amendments made by sec. 1325 shall only apply with respect to
    investigations initiated after the date of enactment of that Act, and
    to reviews initiated under secs. 736(c) or 751 of the Tariff Act of
    1930 after the date of enactment of that Act.
    ---------------------------------------------------------------------------
                      (A) the investigation has not been designated
                    as extraordinarily complicated by reason of--
                              (i) the number and complexity of the
                            transactions to be investigated or
                            adjustments to be considered,
                              (ii) the novelty of the issues
                            presented, or
                              (iii) the number of firms whose
                            activities must be investigated,
                      (B) the final determination in the
                    investigation has not been postponed under
                    section 735(a)(2)(A);
                      (C) on the basis of information presented to
                    the administering authority by any
                    manufacturer, producer, or exporter in such
                    form and within such time as the administering
                    authority may require, the administering
                    authority is satisfied that a determination
                    will be made, within 90 days after the date of
                    publication of an order under subsection (a),
                    of the normal value \346\ and the export price
                    (or the constructed export price) \347\ for all
                    merchandise of such manufacturer, producer, or
                    exporter described in that order which was
                    entered, or withdrawn from warehouse, for
                    consumption on or after the date of publication
                    of--
                              (i) an affirmative preliminary
                            determination by the administering
                            authority under section 733(b), or
                              (ii) if its determination under
                            section 733(b) was negative, an
                            affirmative final determination by the
                            administering authority under section
                            735(a),
                    and before the date of publication of the
                    affirmative final determination by the
                    Commission under section 735(b);
                      (D) the party described in subparagraph (C)
                    provides credible evidence that the amount by
                    which the normal value \346\ of the merchandise
                    exceeds the export price (or the constructed
                    export price) \347\ of the merchandise is
                    significantly less than the amount of such
                    excess specified in the antidumping duty order
                    published under subsection (a); and
                      (E) the data concerning the normal value
                    \346\ and the export price (or the constructed
                    export price) \347\ apply to sales in the usual
                    commercial quantities and in the ordinary
                    course of trade and the number of such sales
                    are sufficient to form an adequate basis for
                    comparison.
              (2) Notice; hearing.--If the administering authority
            permits the posting of a bond or other security in lieu
            of the deposit of estimated antidumping duties under
            paragraph (1), it shall--
                      (A) publish notice of its action in the
                    Federal Register, and
                      (B) upon the request of any interested party,
                    hold a hearing in accordance with section 774
                    before determining the normal value \346\ and
                    the export price (or the constructed export
                    price) \347\ of merchandise.
              (3) Determinations to be basis of antidumping duty.--
            The administering authority shall publish notice in the
            Federal Register of the results of its determination of
            normal value \346\ and the export price (or the
            constructed export price),\347\ and that determination
            shall be the basis for the assessment of antidumping
            duties on entries of merchandise to which the notice
            under this subsection applies and also shall be the
            basis for the deposit of estimated antidumping duties
            on future entries of merchandise of manufacturers,
            producers, or exporters described in paragraph (1) to
            which the order issued under subsection (a) applies.
              (4) \353\ Provision of business proprietary
            information; written comments.--Before determining
            whether to permit the posting of bond or other security
            under paragraph (1) in lieu of the deposit of estimated
            antidumping duties, the administering authority shall--
    ---------------------------------------------------------------------------
        \353\ Sec. 1325(b) of Public Law 100-418 (102 Stat. 1202) added
    para. (4).
    ---------------------------------------------------------------------------
                      (A) make all business proprietary information
                    supplied to the administering authority under
                    paragraph (1) available under a protective
                    order in accordance with section 777(c) to all
                    interested parties described in subparagraph
                    (C), (D), (E), (F), or (G) of section 771(9),
                    and
                      (B) afford all interested parties an
                    opportunity to file written comments on whether
                    the posting of bond or other security under
                    paragraph (1) in lieu of the deposit of
                    estimated antidumping duties should be
                    permitted.
        (d) \354\ Special Rule for Regional Industries.--
    ---------------------------------------------------------------------------
        \354\ Sec. 218(b)(2) of Public Law 103-465 (108 Stat. 4855) added
    subsec. (d).
    ---------------------------------------------------------------------------
              (1) In general.--In an investigation in which the
            Commission makes a regional industry determination
            under section 771(4)(C), the administering authority
            shall, to the maximum extent possible, direct that
            duties be assessed only on the subject merchandise of
            the specific exporters or producers that exported the
            subject merchandise for sale in the region concerned
            during the period of investigation.
              (2) Exception for new exporters and producers.--After
            publication of the antidumping duty order, if the
            administering authority finds that a new exporter or
            producer is exporting the subject merchandise for sale
            in the region concerned, the administering authority
            shall direct that duties be assessed on the subject
            merchandise of the new exporter or producer consistent
            with the provisions of section 751(a)(2)(B).

    SEC. 737.\355\ TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMATED
                        ANTIDUMPING DUTY AND FINAL ASSESSED DUTY UNDER
                        ANTIDUMPING DUTY ORDER.

        (a) \356\ Deposit of Estimated Antidumping Duty Under
    Section 733(d)(1)(B).--If the amount of a cash deposit, or the
    amount of any bond or other security, required \357\ as
    security for an estimated antidumping duty under section
    733(d)(1)(B) is different from the amount of the antidumping
    duty determined under an antidumping duty order published under
    section 736, then the difference for entries of merchandise
    entered, or withdrawn from warehouse, for consumption before
    notice of the affirmative determination of the Commission under
    section 735(b) is published shall be--
    ---------------------------------------------------------------------------
        \355\ 19 U.S.C. 1673f.
        \356\ Sec. 219(c)(10) of Public Law 103-465 (108 Stat. 4857) struck
    out ``section 733(d)(2)'' and inserted in lieu thereof ``section
    733(d)(1)(B)'' at each point it appeared in this subsection.
        \357\ Sec. 40(1) of Public Law 104-295 (110 Stat. 3541) struck out
    ``deposit collected'' and inserted in lieu thereof ``deposit, or the
    amount of any bond or other security, required''.
    ---------------------------------------------------------------------------
              (1) disregarded, to the extent that the cash deposit,
            bond, or other security \358\ is lower than the duty
            under the order, or
    ---------------------------------------------------------------------------
        \358\ Sec. 40(2) of Public Law 104-295 (110 Stat. 3541) struck out
    ``the cash deposit collected'' and inserted in lieu thereof ``that the
    cash deposit, bond, or other security''.
    ---------------------------------------------------------------------------
              (2) refunded or released, to the extent that the cash
            deposit, bond, or other security \359\ is higher than
            the duty under the order.
    ---------------------------------------------------------------------------
        \359\ Sec. 40(2) of Public Law 104-295 (110 Stat. 3541) struck out
    ``refunded, to the extent the cash deposit'' and inserted in lieu
    thereof ``refunded or released, to the extent that the cash deposit,
    bond, or other security''.
    ---------------------------------------------------------------------------
        (b) Deposit of Estimated Antidumping Duty Under Section
    736(a)(3).--If the amount of an estimated antidumping duty
    deposited under section 736(a)(3) is different from the amount
    of the antidumping duty determined under an antidumping duty
    order published under section 736, then the difference for
    entries of merchandise entered, or withdrawn from warehouse,
    for consumption after notice of the affirmative determination
    of the Commission under section 735(b) is published shall be--
              (1) collected, to the extent that the deposit under
            section 736(a)(3) is lower than the duty determined
            under the order, or
              (2) refunded, to the extent that the deposit under
            section 736(a)(3) is higher than the duty determined
            under the order, together with interest as provided by
            section 778.

    SEC. 738.\360\ CONDITIONAL PAYMENT OF ANTIDUMPING DUTY.

        (a) General Rule.--For all entries, or withdrawals from
    warehouse, for consumption of merchandise subject to an
    antidumping duty order on or after the date of publication of
    such order, no customs officer may deliver merchandise of that
    class or kind to the person by whom or for whose account it was
    imported unless that person complies with the requirements of
    subsection (b) and deposits with the appropriate customs
    officer an estimated antidumping duty in an amount determined
    by the administering authority.
    ---------------------------------------------------------------------------
        \360\ 19 U.S.C. 1673g.
    ---------------------------------------------------------------------------
        (b) Importer Requirements.--In order to meet the
    requirements of this subsection, a person shall--
              (1) furnish, or arrange to have furnished, to the
            appropriate customs officer such information as the
            administering authority deems necessary for determining
            the export price (or the constructed export price)
            \361\ of the merchandise imported by or for the account
            of that person, and such other information as the
            administering authority deems necessary for
            ascertaining any antidumping duty to be imposed under
            this title;
    ---------------------------------------------------------------------------
        \361\ Sec. 233(a)(2)(A)(iv) of Public Law 103-465 (108 Stat. 4898)
    struck out ``United States price'' and inserted in lieu thereof
    ``export price (or the constructed export price)''.
    ---------------------------------------------------------------------------
              (2) maintain and furnish to the customs officer such
            records concerning the sale of the merchandise as the
            administering authority, by regulation, requires;
              (3) state under oath before the customs officer that
            he is not an exporter, or if he is an exporter, declare
            under oath at the time of entry the constructed export
            price \362\ of the merchandise to the customs officer
            if it is then known, or, if not, so declare within 30
            days after the merchandise has been sold, or has been
            made the subject of an agreement to be sold, in the
            United States; and
    ---------------------------------------------------------------------------
        \362\ Sec. 233(a)(2)(B) of Public Law 103-465 (108 Stat. 4898)
    struck out ``exporter's sales price'' and inserted in lieu thereof
    ``constructed export price''.
    ---------------------------------------------------------------------------
              (4) pay, or agree to pay on demand, to the customs
            officer the amount of antidumping duty imposed under
            section 731 on that merchandise.
    ---------------------------------------------------------------------------
        \363\ 19 U.S.C. 1673h. Sec. 1323(a) of Public Law 100-418 (102
    Stat. 1195) added sec. 739. A previous sec. 739, entitled ``duties of
    customs officers'', was repealed in 1984 by Public Law 98-573 (98 Stat.
    3031).
    ---------------------------------------------------------------------------

    SEC. 739.\363\ ESTABLISHMENT OF PRODUCT CATEGORIES FOR SHORT LIFE CYCLE
                        MERCHANDISE.

      (a) Establishment of Product Categories.--
              (1) Petitions.--
                      (A) In general.--An eligible domestic entity
                    may file a petition with the Commission
                    requesting that a product category be
                    established with respect to short life cycle
                    merchandise at any time after the merchandise
                    becomes the subject of 2 or more affirmative
                    dumping determinations.
                      (B) Contents.--A petition filed under
                    subparagraph (A) shall--
                              (i) identify the short life cycle
                            merchandise that is the subject of the
                            affirmative dumping determinations,
                              (ii) specify the short life cycle
                            merchandise that the petitioner seeks
                            to have included in the same product
                            category as the merchandise that is
                            subject to the affirmative dumping
                            determinations,
                              (iii) specify any short life cycle
                            merchandise the petitioner particularly
                            seeks to have excluded from the product
                            category,
                              (iv) provide reasons for the
                            inclusions and exclusions specified
                            under clauses (ii) and (iii), and
                              (v) identify such merchandise in
                            terms of the designations used in the
                            Harmonized Tariff Schedule of the
                            United States.\364\
    ---------------------------------------------------------------------------
        \364\ Sec. 139(a)(2) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 653) struck out ``Tariff Schedules of the United
    States'' and inserted in lieu thereof ``Harmonized Tariff Schedule of
    the United States''.
    ---------------------------------------------------------------------------
              (2) Determinations on sufficiency of petition.--Upon
            receiving a petition under paragraph (1), the
            Commission shall--
                      (A) request the administering authority to
                    confirm promptly the affirmative determinations
                    on which the petition is based, and
                      (B) upon receipt of such confirmation,
                    determine whether the merchandise covered by
                    the confirmed affirmative determinations is
                    short life cycle merchandise and whether the
                    petitioner is an eligible domestic entity.
              (3) Notice; hearings.--If the determinations under
            paragraph (2)(B) are affirmative, the Commission
            shall--
                      (A) publish notice in the Federal Register
                    that the petition has been received, and
                      (B) provide opportunity for the presentation
                    of views regarding the establishment of the
                    requested product category, including a public
                    hearing if requested by any interested person.
              (4) Determinations.--
                      (A) In general.--By no later than the date
                    that is 90 days after the date on which a
                    petition is filed under paragraph (1), the
                    Commission shall determine the scope of the
                    product category into which the short life
                    cycle merchandise that is the subject of the
                    affirmative dumping determinations identified
                    in such petition shall be classified for
                    purposes of this section.
                      (B) Modifications not requested by
                    petition.--
                              (i) In general.--The Commission may,
                            on its own initiative, make a
                            determination modifying the scope of
                            any product category established under
                            subparagraph (A) at any time.
                              (ii) Notice and hearing.--
                            Determinations may be made under clause
                            (i) only after the Commission has--
                                      (I) published in the Federal
                                    Register notice of the proposed
                                    modification, and
                                      (II) provided interested
                                    parties an opportunity for a
                                    hearing, and a period for the
                                    submission of written comments,
                                    on the classification of
                                    merchandise into the product
                                    categories to be affected by
                                    such determination.
                      (C) Basis of determinations.--In making
                    determinations under subparagraph (A) or (B),
                    the Commission shall ensure that each product
                    category consists of similar short life cycle
                    merchandise which is produced by similar
                    processes under similar circumstances and has
                    similar uses.
      (b) Definitions.--For purposes of this section--
              (1) Eligible domestic entity.--The term ``eligible
            domestic entity'' means a manufacturer or producer in
            the United States, or a certified union or recognized
            union or group of workers which is representative of an
            industry in the United States, that manufactures or
            produces short life cycle merchandise that is--
                      (A) like or directly competitive with other
                    merchandise that is the subject of 2 or more
                    affirmative dumping determinations, or
                      (B) is similar enough to such other
                    merchandise as to be considered for inclusion
                    with such merchandise in a product monitoring
                    category established under this section.
              (2) Affirmative dumping determination.--The term
            ``affirmative dumping determination'' means--
                      (A) any affirmative final determination made
                    by the administering authority under section
                    735(a) during the 8-year period preceding the
                    filing of the petition under this section that
                    results in the issuance of an antidumping duty
                    order under section 736 which requires the
                    deposit of estimated antidumping duties at a
                    rate of not less than 15 percent ad valorem, or
                      (B) any affirmative preliminary determination
                    that--
                              (i) is made by the administering
                            authority under section 733(b) during
                            the 8-year period preceding the filing
                            of the petition under this section in
                            the course of an investigation for
                            which no final determination is made
                            under section 735 by reason of a
                            suspension of the investigation under
                            section 734, and
                              (ii) includes a determination that
                            the estimated average amount by which
                            the normal value \365\ of the
                            merchandise exceeds the export price
                            (or the constructed export price) \366\
                            of the merchandise is not less than 15
                            percent ad valorem.
    ---------------------------------------------------------------------------
        \365\ Sec. 233(a)(1)(D) of Public Law 103-465 (108 Stat. 4898)
    struck out ``foreign market value'' and inserted in lieu thereof
    ``normal value''.
        \366\ Sec. 233(a)(2)(A)(v) of Public Law 103-465 (108 Stat. 4898)
    struck out ``United States price'' and inserted in lieu thereof
    ``export price (or the constructed export price)''.
    ---------------------------------------------------------------------------
              (3) Subject of affirmative dumping determination.--
                      (A) In general.--Short life cycle merchandise
                    of a manufacturer shall be treated as being the
                    subject of an affirmative dumping determination
                    only if the administering authority--
                              (i) makes a separate determination of
                            the amount by which the normal value
                            \365\ of such merchandise of the
                            manufacturer exceeds the export price
                            (or the constructed export price) \366\
                            of such merchandise of the
                            manufacturer, and
                              (ii) specifically identifies the
                            manufacturer by name with such amount
                            in the affirmative dumping
                            determination or in an antidumping duty
                            order issued as a result of the
                            affirmative dumping determination.
                      (B) Exclusion.--Short life cycle merchandise
                    of a manufacturer shall not be treated as being
                    the subject of an affirmative dumping
                    determination if--
                              (i) such merchandise of the
                            manufacturer is part of a group of
                            merchandise to which the administering
                            authority assigns (in lieu of making
                            separate determinations described in
                            subparagraph (A)(i)(I)) an amount
                            determined to be the amount by which
                            the normal value \359\ of the
                            merchandise in such group exceeds the
                            export price (or the constructed export
                            price) \360\ of the merchandise in such
                            group, and
                              (ii) the merchandise and the
                            manufacturer are not specified by name
                            in the affirmative dumping
                            determination or in any antidumping
                            duty order issued as a result of such
                            affirmative dumping determination.
              (4) Short life cycle merchandise.--The term ``short
            life cycle merchandise'' means any product that the
            Commission determines is likely to become outmoded
            within 4 years, by reason of technological advances,
            after the product is commercially available. For
            purposes of this paragraph, the term ``outmoded''
            refers to a kind of style that is no longer state-of-
            the-art.
      (c) Transitional Rules.--
              (1) For purposes of this section and section
            733(b)(1) (B) and (C), all affirmative dumping
            determinations described in subsection (b)(2)(A) that
            were made after December 31, 1980, and before the date
            of enactment of the Omnibus Trade and Competitiveness
            Act of 1988, and all affirmative dumping determinations
            described in subsection (b)(2)(B) that were made after
            December 31, 1984, and before the date of enactment of
            such Act, with respect to each category of short life
            cycle merchandise of the same manufacturer shall be
            treated as one affirmative dumping determination with
            respect to that category for that manufacturer which
            was made on the date on which the latest of such
            determinations was made.
              (2) No affirmative dumping determination that--
                      (A) is described in subsection (b)(2)(A) and
                    was made before January 1, 1981, or
                      (B) is described in subsection (b)(2)(B) and
                    was made before January 1, 1985,
            may be taken into account under this section or section
            733(b)(1) (B) and (C).

    SEC. 740.\367\ ANTIDUMPING DUTY TREATED AS REGULAR DUTY FOR DRAWBACK
                        PURPOSES. * * * [REPEALED--1984]
    ---------------------------------------------------------------------------

        \367\ Sec. 622(a)(1) of Public Law 98-573 (98 Stat. 3039) repealed
    sec. 740. See sec. 779 of this Act for new text regarding drawbacks.
    ---------------------------------------------------------------------------

         Subtitle C--Reviews; Other Actions Regarding Agreements \368\

         Chapter 1--Review of Amount of Duty and Agreements Other Than
                   Quantitative Restriction Agreements \368\

    SEC. 751.\369\ ADMINISTRATIVE REVIEW OF DETERMINATIONS.

        (a) Periodic Review of Amount of Duty.--
    ---------------------------------------------------------------------------
        \368\ Sec. 611(a)(1) of Public Law 98-573 (98 Stat. 3031) amended
    the subtitle heading and added the chapter heading. Previously, the
    subtitle heading read: ``Subtitle C--Review of Determinations''.
        \369\ 19 U.S.C. 1675. Sec. 220(a) of Public Law 103-465 (108 Stat.
    4857) amended and restated sec. 751.
    ---------------------------------------------------------------------------
              (1) In general.--At least once during each 12-month
            period beginning on the anniversary of the date of
            publication of a countervailing duty order under this
            title or under section 303 of this Act, an antidumping
            duty order under this title or a finding under the
            Antidumping Act, 1921, or a notice of the suspension of
            an investigation, the administering authority, if a
            request for such a review has been received and after
            publication of notice of such review in the Federal
            Register, shall--
                      (A) review and determine the amount of any
                    net countervailable subsidy,
                      (B) review, and determine (in accordance with
                    paragraph (2)), the amount of any antidumping
                    duty, and
                      (C) review the current status of, and
                    compliance with, any agreement by reason of
                    which an investigation was suspended, and
                    review the amount of any net countervailable
                    subsidy or dumping margin involved in the
                    agreement, and shall publish in the Federal
                    Register the results of such review, together
                    with notice of any duty to be assessed,
                    estimated duty to be deposited, or
                    investigation to be resumed.
              (2) Determination of antidumping duties.--
                      (A) In general.--For the purpose of paragraph
                    (1)(B), the administering authority shall
                    determine--
                              (i) the normal value and export price
                            (or constructed export price) of each
                            entry of the subject merchandise, and
                              (ii) the dumping margin for each such
                            entry.
                      (B) Determination of antidumping or
                    countervailing duties for new exporters and
                    producers.--
                              (i) In general.--If the administering
                            authority receives a request from an
                            exporter or producer of the subject
                            merchandise establishing that--
                                      (I) such exporter or producer
                                    did not export the merchandise
                                    that was the subject of an
                                    antidumping duty or
                                    countervailing duty order to
                                    the United States (or, in the
                                    case of a regional industry,
                                    did not export the subject
                                    merchandise for sale in the
                                    region concerned) during the
                                    period of investigation, and
                                      (II) such exporter or
                                    producer is not affiliated
                                    (within the meaning of section
                                    771(33)) with any exporter or
                                    producer who exported the
                                    subject merchandise to the
                                    United States (or in the case
                                    of a regional industry, who
                                    exported the subject
                                    merchandise for sale in the
                                    region concerned) during that
                                    period, the administering
                                    authority shall conduct a
                                    review under this subsection to
                                    establish an individual
                                    weighted average dumping margin
                                    or an individual countervailing
                                    duty rate (as the case may be)
                                    for such exporter or producer.
                              (ii) Time for review under clause
                            (i).--The administering authority shall
                            commence a review under clause (i) in
                            the calendar month beginning after--
                                      (I) the end of the 6-month
                                    period beginning on the date of
                                    the countervailing duty or
                                    antidumping duty order under
                                    review, or
                                      (II) the end of any 6-month
                                    period occurring thereafter,
                            if the request for the review is made
                            during that 6-month period.
                              (iii) Posting bond or security.--The
                            administering authority shall, at the
                            time a review under this subparagraph
                            is initiated, direct the Customs
                            Service to allow, at the option of the
                            importer, the posting, until the
                            completion of the review, of a bond or
                            security in lieu of a cash deposit for
                            each entry of the subject merchandise.
                              (iv) Time limits.--The administering
                            authority shall make a preliminary
                            determination in a review conducted
                            under this subparagraph within 180 days
                            after the date on which the review is
                            initiated, and a final determination
                            within 90 days after the date the
                            preliminary determination is issued,
                            except that if the administering
                            authority concludes that the case is
                            extraordinarily complicated, it may
                            extend the 180-day period to 300 days
                            and may extend the 90-day period to 150
                            days.
                      (C) Results of determinations.--The
                    determination under this paragraph shall be the
                    basis for the assessment of countervailing or
                    antidumping duties on entries of merchandise
                    covered by the determination and for deposits
                    of estimated duties.
              (3) Time limits.--
                      (A) Preliminary and final determinations.--
                    The administering authority shall make a
                    preliminary determination under subparagraph
                    (A), (B), or (C) of paragraph (1) within 245
                    days after the last day of the month in which
                    occurs the anniversary of the date of
                    publication of the order, finding, or
                    suspension agreement for which the review under
                    paragraph (1) is requested, and a final
                    determination under paragraph (1) within 120
                    days after the date on which the preliminary
                    determination is published. If it is not
                    practicable to complete the review within the
                    foregoing time, the administering authority may
                    extend that 245-day period to 365 days and may
                    extend that 120-day period to 180 days. The
                    administering authority may extend the time for
                    making a final determination without extending
                    the time for making a preliminary
                    determination, if such final determination is
                    made not later than 300 days after the date on
                    which the preliminary determination is
                    published.
                      (B) Liquidation of entries.--If the
                    administering authority orders any liquidation
                    of entries pursuant to a review under paragraph
                    (1), such liquidation shall be made promptly
                    and, to the greatest extent practicable, within
                    90 days after the instructions to Customs are
                    issued. In any case in which liquidation has
                    not occurred within that 90-day period, the
                    Secretary of the Treasury shall, upon the
                    request of the affected party, provide an
                    explanation thereof.
                      (C) Effect of pending review under section
                    516a.--In a case in which a final determination
                    under paragraph (1) is under review under
                    section 516A and a liquidation of entries
                    covered by the determination is enjoined under
                    section 516A(c)(2) or suspended under section
                    516A(g)(5)(C), the administering authority
                    shall, within 10 days after the final
                    disposition of the review under section 516A,
                    transmit to the Federal Register for
                    publication the final disposition and issue
                    instructions to the Customs Service with
                    respect to the liquidation of entries pursuant
                    to the review. In such a case, the 90-day
                    period referred to in subparagraph (B) shall
                    begin on the day on which the administering
                    authority issues such instructions.
              (4) Absorption of antidumping duties.--During any
            review under this subsection initiated 2 years or 4
            years after the publication of an antidumping duty
            order under section 736(a), the administering
            authority, if requested, shall determine whether
            antidumping duties have been absorbed by a foreign
            producer or exporter subject to the order if the
            subject merchandise is sold in the United States
            through an importer who is affiliated with such foreign
            producer or exporter. The administering authority shall
            notify the Commission of its findings regarding such
            duty absorption for the Commission to consider in
            conducting a review under subsection (c).
        (b) Reviews Based on Changed Circumstances.--
              (1) In general.--Whenever the administering authority
            or the Commission receives information concerning, or a
            request from an interested party for a review of--
                      (A) a final affirmative determination that
                    resulted in an antidumping duty order under
                    this title or a finding under the Antidumping
                    Act, 1921, or in a countervailing duty order
                    under this title or section 303,
                      (B) a suspension agreement accepted under
                    section 704 or 734, or
                      (C) a final affirmative determination
                    resulting from an investigation continued
                    pursuant to section 704(g) or 734(g), which
                    shows changed circumstances sufficient to
                    warrant a review of such determination or
                    agreement, the administering authority or the
                    Commission (as the case may be) shall conduct a
                    review of the determination or agreement after
                    publishing notice of the review in the Federal
                    Register.
              (2) Commission review.--In conducting a review under
            this subsection, the Commission shall--
                      (A) in the case of a countervailing duty
                    order or antidumping duty order or finding,
                    determine whether revocation of the order or
                    finding is likely to lead to continuation or
                    recurrence of material injury,
                      (B) in the case of a determination made
                    pursuant to section 704(h)(2) or 734(h)(2),
                    determine whether the suspension agreement
                    continues to eliminate completely the injurious
                    effects of imports of the subject merchandise,
                    and
                      (C) in the case of an affirmative
                    determination resulting from an investigation
                    continued under section 704(g) or 734(g),
                    determine whether termination of the suspended
                    investigation is likely to lead to continuation
                    or recurrence of material injury.
              (3) Burden of persuasion.--During a review conducted
            by the Commission under this subsection--
                      (A) the party seeking revocation of an order
                    or finding described in paragraph (1)(A) shall
                    have the burden of persuasion with respect to
                    whether there are changed circumstances
                    sufficient to warrant such revocation, and
                      (B) the party seeking termination of a
                    suspended investigation or a suspension
                    agreement shall have the burden of persuasion
                    with respect to whether there are changed
                    circumstances sufficient to warrant such
                    termination.
              (4) Limitation on period for review.--In the absence
            of good cause shown--
                      (A) the Commission may not review a
                    determination made under section 705(b) or
                    735(b), or an investigation suspended under
                    section 704 or 734, and
                      (B) the administering authority may not
                    review a determination made under section
                    705(a) or 735(a), or an investigation suspended
                    under section 704 or 734, less than 24 months
                    after the date of publication of notice of that
                    determination or suspension.
        (c) Five-Year Review.--
              (1) In general.--Notwithstanding subsection (b) and
            except in the case of a transition order defined in
            paragraph (6), 5 years after the date of publication
            of--
                      (A) a countervailing duty order (other than a
                    countervailing duty order to which subparagraph
                    (B) applies or which was issued without an
                    affirmative determination of injury by the
                    Commission under section 303), an antidumping
                    duty order, or a notice of suspension of an
                    investigation, described in subsection (a)(1),
                      (B) a notice of injury determination under
                    section 753 with respect to a countervailing
                    duty order, or
                      (C) a determination under this section to
                    continue an order or suspension agreement,
            the administering authority and the Commission shall
            conduct a review to determine, in accordance with
            section 752, whether revocation of the countervailing
            or antidumping duty order or termination of the
            investigation suspended under section 704 or 734 would
            be likely to lead to continuation or recurrence of
            dumping or a countervailable subsidy (as the case may
            be) and of material injury.
              (2) Notice of initiation of review.--Not later than
            30 days before the fifth anniversary of the date
            described in paragraph (1), the administering authority
            shall publish in the Federal Register a notice of
            initiation of a review under this subsection and
            request that interested parties submit--
                      (A) a statement expressing their willingness
                    to participate in the review by providing
                    information requested by the administering
                    authority and the Commission,
                      (B) a statement regarding the likely effects
                    of revocation of the order or termination of
                    the suspended investigation, and
                      (C) such other information or industry data
                    as the administering authority or the
                    Commission may specify.
              (3) Responses to notice of initiation.--
                      (A) No response.--If no interested party
                    responds to the notice of initiation under this
                    subsection, the administering authority shall
                    issue a final determination, within 90 days
                    after the initiation of a review, revoking the
                    order or terminating the suspended
                    investigation to which such notice relates. For
                    purposes of this paragraph, an interested party
                    means a party described in section 771(9) (C),
                    (D), (E), (F), or (G).
                      (B) Inadequate response.--If interested
                    parties provide inadequate responses to a
                    notice of initiation, the administering
                    authority, within 120 days after the initiation
                    of the review, or the Commission, within 150
                    days after such initiation, may issue, without
                    further investigation, a final determination
                    based on the facts available, in accordance
                    with section 776.
              (4) Waiver of participation by certain interested
            parties.--
                      (A) In general.--An interested party
                    described in section 771(9) (A) or (B) may
                    elect not to participate in a review conducted
                    by the administering authority under this
                    subsection and to participate only in the
                    review conducted by the Commission under this
                    subsection.
                      (B) Effect of waiver.--In a review in which
                    an interested party waives its participation
                    pursuant to this paragraph, the administering
                    authority shall conclude that revocation of the
                    order or termination of the investigation would
                    be likely to lead to continuation or recurrence
                    of dumping or a countervailable subsidy (as the
                    case may be) with respect to that interested
                    party.
              (5) Conduct of review.--
                      (A) Time limits for completion of review.--
                    Unless the review has been completed pursuant
                    to paragraph (3) or paragraph (4) applies, the
                    administering authority shall make its final
                    determination pursuant to section 752 (b) or
                    (c) within 240 days after the date on which a
                    review is initiated under this subsection. If
                    the administering authority makes a final
                    affirmative determination, the Commission shall
                    make its final determination pursuant to
                    section 752(a) within 360 days after the date
                    on which a review is initiated under this
                    subsection.
                      (B) Extension of time limit.--The
                    administering authority or the Commission (as
                    the case may be) may extend the period of time
                    for making their respective determinations
                    under this subsection by not more than 90 days,
                    if the administering authority or the
                    Commission (as the case may be) determines that
                    the review is extraordinarily complicated. In a
                    review in which the administering authority
                    extends the time for making a final
                    determination, but the Commission does not
                    extend the time for making a determination, the
                    Commission's determination shall be made not
                    later than 120 days after the date on which the
                    final determination of the administering
                    authority is published.
                      (C) Extraordinarily complicated.--For
                    purposes of this subsection, the administering
                    authority or the Commission (as the case may
                    be) may treat a review as extraordinarily
                    complicated if--
                              (i) there is a large number of
                            issues,
                              (ii) the issues to be considered are
                            complex,
                              (iii) there is a large number of
                            firms involved,
                              (iv) the orders or suspended
                            investigations have been grouped as
                            described in subparagraph (D), or
                              (v) it is a review of a transition
                            order.
                      (D) Grouped reviews.--The Commission, in
                    consultation with the administering authority,
                    may group orders or suspended investigations
                    for review if it considers that such grouping
                    is appropriate and will promote administrative
                    efficiency. Where orders or suspended
                    investigations have been grouped, the
                    Commission shall, subject to subparagraph (B),
                    make its final determination under this
                    subsection not later than 120 days after the
                    date that the administering authority publishes
                    notice of its final determination with respect
                    to the last order or agreement in the group.
              (6) Special transition rules.--
                      (A) Schedule for reviews of transition
                    orders.--
                              (i) Initiation.--The administering
                            authority shall begin its review of
                            transition orders in the 42d calendar
                            month after the date such orders are
                            issued. A review of all transition
                            orders shall be initiated not later
                            than the 5th anniversary after the date
                            such orders are issued.
                              (ii) Completion.--A review of a
                            transition order shall be completed not
                            later than 18 months after the date
                            such review is initiated. Reviews of
                            all transition orders shall be
                            completed not later than 18 months
                            after the 5th anniversary of the date
                            such orders are issued.
                              (iii) Subsequent reviews.--The time
                            limits set forth in clauses (i) and
                            (ii) shall be applied to all subsequent
                            5-year reviews of transition orders by
                            substituting ``date of the
                            determination to continue such orders''
                            for ``date such orders are issued''.
                              (iv) Revocation and termination.--No
                            transition order may be revoked under
                            this subsection before the date that is
                            5 years after the date the WTO
                            Agreement enters into force with
                            respect to the United States.
                      (B) Sequence of transition reviews.--The
                    administering authority, in consultation with
                    the Commission, shall determine such sequence
                    of review of transition orders as it deems
                    appropriate to promote administrative
                    efficiency. To the extent practicable, older
                    orders shall be reviewed first.
                      (C) Definition of transition order.--For
                    purposes of this section, the term ``transition
                    order'' means--
                              (i) a countervailing duty order under
                            this title or under section 303,
                              (ii) an antidumping duty order under
                            this title or a finding under the
                            Antidumping Act, 1921, or
                              (iii) a suspension of an
                            investigation under section 704 or 734,
                    which is in effect on the date the WTO
                    Agreement enters into force with respect to the
                    United States.
                      (D) Issue date for transition orders.--For
                    purposes of this subsection, a transition order
                    shall be treated as issued on the date the WTO
                    Agreement enters into force with respect to the
                    United States, if such order is based on an
                    investigation conducted by both the
                    administering authority and the Commission.
              (7) \370\ Exclusions from computations.
    ---------------------------------------------------------------------------
        \370\ Sec. 2410 of Public Law 106-36 (113 Stat. 171) inserted para.
    (7).
    ---------------------------------------------------------------------------
                      (A) In general.--Subject to subparagraph (B),
                    there shall be excluded from the computation of
                    the 5-year period described in paragraph (1)
                    and the periods described in paragraph (6) any
                    period during which the importation of the
                    subject merchandise is prohibited on account of
                    the imposition, under the International
                    Emergency Economic Powers Act or other
                    provision of law, of sanctions by the United
                    States against the country in which the subject
                    merchandise originates.
                      (B) application of exclusion.--Subparagraph
                    (A) shall apply only with respect to subject
                    merchandise which originates in a country that
                    is not a WTO member.
        (d) Revocation of Order or Finding; Termination of
    Suspended Investigation.--
              (1) In general.--The administering authority may
            revoke, in whole or in part, a countervailing duty
            order or an antidumping duty order or finding, or
            terminate a suspended investigation, after review under
            subsection (a) or (b). The administering authority
            shall not revoke, in whole or in part, a countervailing
            duty order or terminate a suspended investigation on
            the basis of any export taxes, duties, or other charges
            levied on the export of the subject merchandise to the
            United States which are specifically intended to offset
            the countervailable subsidy received.
              (2) Five-year reviews.--In the case of a review
            conducted under subsection (c), the administering
            authority shall revoke a countervailing duty order or
            an antidumping duty order or finding, or terminate a
            suspended investigation, unless--
                      (A) the administering authority makes a
                    determination that dumping or a countervailable
                    subsidy, as the case may be, would be likely to
                    continue or recur, and
                      (B) the Commission makes a determination that
                    material injury would be likely to continue or
                    recur as described in section 752(a).
              (3) Application of revocation or termination.--A
            determination under this section to revoke an order or
            finding or terminate a suspended investigation shall
            apply with respect to unliquidated entries of the
            subject merchandise which are entered, or withdrawn
            from warehouse, for consumption on or after the date
            determined by the administering authority.
        (e) Hearings.--Whenever the administering authority or the
    Commission conducts a review under this section, it shall, upon
    the request of an interested party, hold a hearing in
    accordance with section 774(b) in connection with that review.
        (f) Determination That Basis for Suspension No Longer
    Exists.--If the determination of the Commission under
    subsection (b)(2)(B) is negative, the suspension agreement
    shall be treated as not accepted, beginning on the date of
    publication of the Commission's determination, and the
    administering authority and the Commission shall proceed, under
    section 704(i) or 734(i), as if the suspension agreement had
    been violated on that date, except that no duty under any order
    subsequently issued shall be assessed on merchandise entered,
    or withdrawn from warehouse, for consumption before that date.
        (g) \371\ Reviews To Implement Results of Subsidies
    Enforcement Proceeding.--
    ---------------------------------------------------------------------------
        \371\ Sec. 283(c) of Public Law 103-465 (108 Stat. 4930)
    redesignated subsec. (g) as subsec. (h), and added a new subsec. (g).
    ---------------------------------------------------------------------------
              (1) Violations of article 8 of the subsidies
            agreement.--If--
                      (A) the administering authority receives
                    notice from the Trade Representative of a
                    violation of Article 8 of the Subsidies
                    Agreement,
                      (B) the administering authority has reason to
                    believe that merchandise subject to an existing
                    countervailing duty order or suspended
                    investigation is benefiting from the subsidy or
                    subsidy program found to have been in violation
                    of Article 8 of the Subsidies Agreement, and
                      (C) no review pursuant to subsection (a)(1)
                    is in progress,
            the administering authority shall conduct a review of
            the order or suspended investigation to determine
            whether the subject merchandise benefits from the
            subsidy or subsidy program found to have been in
            violation of Article 8 of the Subsidies Agreement. If
            the administering authority determines that the subject
            merchandise is benefiting from the subsidy or subsidy
            program, it shall make appropriate adjustments in the
            estimated duty to be deposited or appropriate revisions
            to the terms of the suspension agreement.
              (2) Withdrawal of subsidy or imposition of
            countermeasures.--If the Trade Representative notifies
            the administering authority that, pursuant to Article 4
            or Article 7 of the Subsidies Agreement--
                      (A)(i) the United States has imposed
                    countermeasures, and
                      (ii) such countermeasures are based on the
                    effects in the United States of imports of
                    merchandise that is the subject of a
                    countervailing duty order, or
                      (B) a WTO member country has withdrawn a
                    countervailable subsidy provided with respect
                    to merchandise subject to a countervailing duty
                    order,
            the administering authority shall conduct a review to
            determine if the amount of the estimated duty to be
            deposited should be adjusted or the order should be
            revoked.
              (3) Expedited review.--The administering authority
            shall conduct reviews under this subsection on an
            expedited basis, and shall publish the results of such
            reviews in the Federal Register.
        (h) \371\ Correction of Ministerial Errors.--The
    administering authority shall establish procedures for the
    correction of ministerial errors in final determinations within
    a reasonable time after the determinations are issued under
    this section. Such procedures shall ensure opportunity for
    interested parties to present their views regarding any such
    errors. As used in this subsection, the term ``ministerial
    error'' includes errors in addition, subtraction, or other
    arithmetic function, clerical errors resulting from inaccurate
    copying, duplication, or the like, and any other type of
    unintentional error which the administering authority considers
    ministerial.

    SEC. 752.\372\ SPECIAL RULES FOR SECTION 751(B) AND 751(C) REVIEWS.

        (a) Determination of Likelihood of Continuation or
    Recurrence of Material Injury.--
    ---------------------------------------------------------------------------
        \372\ 19 U.S.C. 1675a. Sec. 221(a) of Public Law 103-465 (108 Stat.
    4865) added sec. 752.
    ---------------------------------------------------------------------------
              (1) In general.--In a review conducted under section
            751 (b) or (c), the Commission shall determine whether
            revocation of an order, or termination of a suspended
            investigation, would be likely to lead to continuation
            or recurrence of material injury within a reasonably
            foreseeable time. The Commission shall consider the
            likely volume, price effect, and impact of imports of
            the subject merchandise on the industry if the order is
            revoked or the suspended investigation is terminated.
            The Commission shall take into account--
                      (A) its prior injury determinations,
                    including the volume, price effect, and impact
                    of imports of the subject merchandise on the
                    industry before the order was issued or the
                    suspension agreement was accepted,
                      (B) whether any improvement in the state of
                    the industry is related to the order or the
                    suspension agreement,
                      (C) whether the industry is vulnerable to
                    material injury if the order is revoked or the
                    suspension agreement is terminated, and
                      (D) in an antidumping proceeding under
                    section 751(c), the findings of the
                    administering authority regarding duty
                    absorption under section 751(a)(4).
              (2) Volume.--In evaluating the likely volume of
            imports of the subject merchandise if the order is
            revoked or the suspended investigation is terminated,
            the Commission shall consider whether the likely volume
            of imports of the subject merchandise would be
            significant if the order is revoked or the suspended
            investigation is terminated, either in absolute terms
            or relative to production or consumption in the United
            States. In so doing, the Commission shall consider all
            relevant economic factors, including--
                      (A) any likely increase in production
                    capacity or existing unused production capacity
                    in the exporting country,
                      (B) existing inventories of the subject
                    merchandise, or likely increases in
                    inventories,
                      (C) the existence of barriers to the
                    importation of such merchandise into countries
                    other than the United States, and
                      (D) the potential for product-shifting if
                    production facilities in the foreign country,
                    which can be used to produce the subject
                    merchandise, are currently being used to
                    produce other products.
              (3) Price.--In evaluating the likely price effects of
            imports of the subject merchandise if the order is
            revoked or the suspended investigation is terminated,
            the Commission shall consider whether--
                      (A) there is likely to be significant price
                    underselling by imports of the subject
                    merchandise as compared to domestic like
                    products, and
                      (B) imports of the subject merchandise are
                    likely to enter the United States at prices
                    that otherwise would have a significant
                    depressing or suppressing effect on the price
                    of domestic like products.
              (4) Impact on the industry.--In evaluating the likely
            impact of imports of the subject merchandise on the
            industry if the order is revoked or the suspended
            investigation is terminated, the Commission shall
            consider all relevant economic factors which are likely
            to have a bearing on the state of the industry in the
            United States, including, but not limited to--
                      (A) likely declines in output, sales, market
                    share, profits, productivity, return on
                    investments, and utilization of capacity,
                      (B) likely negative effects on cash flow,
                    inventories, employment, wages, growth, ability
                    to raise capital, and investment, and
                      (C) likely negative effects on the existing
                    development and production efforts of the
                    industry, including efforts to develop a
                    derivative or more advanced version of the
                    domestic like product.
            The Commission shall evaluate all relevant economic
            factors described in this paragraph within the context
            of the business cycle and the conditions of competition
            that are distinctive to the affected industry.
              (5) Basis for determination.--The presence or absence
            of any factor which the Commission is required to
            consider under this subsection shall not necessarily
            give decisive guidance with respect to the Commission's
            determination of whether material injury is likely to
            continue or recur within a reasonably foreseeable time
            if the order is revoked or the suspended investigation
            is terminated. In making that determination, the
            Commission shall consider that the effects of
            revocation or termination may not be imminent, but may
            manifest themselves only over a longer period of time.
              (6) Magnitude of margin of dumping and net
            countervailable subsidy; nature of countervailable
            subsidy.--In making a determination under section 751
            (b) or (c), the Commission may consider the magnitude
            of the margin of dumping or the magnitude of the net
            countervailable subsidy. If a countervailable subsidy
            is involved the Commission shall consider information
            regarding the nature of the countervailable subsidy and
            whether the subsidy is a subsidy described in Article 3
            or 6.1 of the Subsidies Agreement.
              (7) Cumulation.--For purposes of this subsection, the
            Commission may cumulatively assess the volume and
            effect of imports of the subject merchandise from all
            countries with respect to which reviews under section
            751 (b) or (c) were initiated on the same day, if such
            imports would be likely to compete with each other and
            with domestic like products in the United States
            market. The Commission shall not cumulatively assess
            the volume and effects of imports of the subject
            merchandise in a case in which it determines that such
            imports are likely to have no discernible adverse
            impact on the domestic industry.
              (8) Special rule for regional industries.--In a
            review under section 751 (b) or (c) involving a
            regional industry, the Commission may base its
            determination on the regional industry defined in the
            original investigation under this title, another region
            that satisfies the criteria established in section
            771(4)(C), or the United States as a whole. In
            determining if a regional industry analysis is
            appropriate for the determination in the review, the
            Commission shall consider whether the criteria
            established in section 771(4)(C) are likely to be
            satisfied if the order is revoked or the suspended
            investigation is terminated.
        (b) Determination of Likelihood of Continuation or
    Recurrence of a Countervailable Subsidy.--
              (1) In general.--In a review conducted under section
            751(c), the administering authority shall determine
            whether revocation of a countervailing duty order or
            termination of a suspended investigation under section
            704 would be likely to lead to continuation or
            recurrence of a countervailable subsidy. The
            administering authority shall consider--
                      (A) the net countervailable subsidy
                    determined in the investigation and subsequent
                    reviews, and
                      (B) whether any change in the program which
                    gave rise to the net countervailable subsidy
                    described in subparagraph (A) has occurred that
                    is likely to affect that net countervailable
                    subsidy.
              (2) Consideration of other factors.--If good cause is
            shown, the administering authority shall also
            consider--
                      (A) programs determined to provide
                    countervailable subsidies in other
                    investigations or reviews under this title, but
                    only to the extent that such programs--
                              (i) can potentially be used by the
                            exporters or producers subject to the
                            review under section 751(c), and
                              (ii) did not exist at the time that
                            the countervailing duty order was
                            issued or the suspension agreement was
                            accepted, and
                      (B) programs newly alleged to provide
                    countervailable subsidies but only to the
                    extent that the administering authority makes
                    an affirmative countervailing duty
                    determination with respect to such programs and
                    with respect to the exporters or producers
                    subject to the review.
              (3) Net countervailable subsidy.--The administering
            authority shall provide to the Commission the net
            countervailable subsidy that is likely to prevail if
            the order is revoked or the suspended investigation is
            terminated. The administering authority shall normally
            choose a net countervailable subsidy that was
            determined under section 705 or subsection (a) or
            (b)(1) of section 751.
              (4) Special rule.--
                      (A) Treatment of zero and de minimis rates.--
                    A net countervailable subsidy described in
                    paragraph (1)(A) that is zero or de minimis
                    shall not by itself require the administering
                    authority to determine that revocation of a
                    countervailing duty order or termination of a
                    suspended investigation would not be likely to
                    lead to continuation or recurrence of a
                    countervailable subsidy.
                      (B) Application of de minimis standards.--For
                    purposes of this paragraph, the administering
                    authority shall apply the de minimis standards
                    applicable to reviews conducted under
                    subsections (a) and (b)(1) of section 751.
        (c) Determination of Likelihood of Continuation or
    Recurrence of Dumping.--
              (1) In general.--In a review conducted under section
            751(c), the administering authority shall determine
            whether revocation of an antidumping duty order or
            termination of a suspended investigation under section
            734 would be likely to lead to continuation or
            recurrence of sales of the subject merchandise at less
            than fair value. The administering authority shall
            consider--
                      (A) the weighted average dumping margins
                    determined in the investigation and subsequent
                    reviews, and
                      (B) the volume of imports of the subject
                    merchandise for the period before and the
                    period after the issuance of the antidumping
                    duty order or acceptance of the suspension
                    agreement.
              (2) Consideration of other factors.--If good cause is
            shown, the administering authority shall also consider
            such other price, cost, market, or economic factors as
            it deems relevant.
              (3) Magnitude of the margin of dumping.--The
            administering authority shall provide to the Commission
            the magnitude of the margin of dumping that is likely
            to prevail if the order is revoked or the suspended
            investigation is terminated. The administering
            authority shall normally choose a margin that was
            determined under section 735 or under subsection (a) or
            (b)(1) of section 751.
              (4) Special rule.--
                      (A) Treatment of zero or de minimis
                    margins.--A dumping margin described in
                    paragraph (1)(A) that is zero or de minimis
                    shall not by itself require the administering
                    authority to determine that revocation of an
                    antidumping duty order or termination of a
                    suspended investigation would not be likely to
                    lead to continuation or recurrence of sales at
                    less than fair value.
                      (B) Application of de minimis standards.--For
                    purposes of this paragraph, the administering
                    authority shall apply the de minimis standards
                    applicable to reviews conducted under
                    subsections (a) and (b) of section 751.

    SEC. 753.\373\ SPECIAL RULES FOR INJURY INVESTIGATIONS FOR CERTAIN
                        SECTION 303 OR SECTION 701(C) COUNTERVAILING DUTY
                        ORDERS AND INVESTIGATIONS.

        (a) In General.--
    ---------------------------------------------------------------------------
        \373\ 19 U.S.C. 1675b. Sec. 271(a) of Public Law 103-465 (108 Stat.
    4918) added sec. 753. Sec. 39(1) of Public Law 104-295 (110 Stat. 3540)
    inserted ``or section 701(c)'' after ``section 303'' each place it
    appeared in sec. 753.
    ---------------------------------------------------------------------------
              (1) Investigation by the commission upon request.--In
            the case of a countervailing duty order described in
            paragraph (2), which--
                      (A) applies to merchandise that is the
                    product of a Subsidies Agreement country, and
                      (B)(i) is in effect on the date on which such
                    country becomes a Subsidies Agreement country,
                    or
                      (ii) is issued on a date that is after the
                    date described in clause (i) pursuant to a
                    court order in an action brought under section
                    516A,
            the Commission, upon receipt of a request from an
            interested party described in section 771(9) (C), (D),
            (E), (F), or (G) for an injury investigation with
            respect to such order, shall initiate an investigation
            and shall determine whether an industry in the United
            States is likely to be materially injured by reason of
            imports of the subject merchandise if the order is
            revoked.
              (2) Description of countervailing duty orders.--A
            countervailing duty order described in this paragraph
            is an order issued under section 303 or section 701(c)
            with respect to which the requirement of an affirmative
            determination of material injury \374\ was not
            applicable at the time such order was issued.
    ---------------------------------------------------------------------------
        \374\ Sec. 39(2) of Public Law 104-295 (110 Stat. 3541) struck out
    ``under section 303(a)(2)'' in subsecs. (a)(2) and (c).
    ---------------------------------------------------------------------------
              (3) Requirements of request for investigation.--A
            request for an investigation under this subsection
            shall be submitted--
                      (A) in the case of an order described in
                    paragraph (1)(B)(i), within 6 months after the
                    date on which the country described in
                    paragraph (1)(A) becomes a Subsidies Agreement
                    country, or
                      (B) in the case of an order described in
                    paragraph (1)(B)(ii), within 6 months after the
                    date the order is issued.
              (4) Suspension of liquidation.--With respect to
            entries of subject merchandise made on or after--
                      (A) in the case of an order described in
                    paragraph (1)(B)(i), the date on which the
                    country described in paragraph (1)(A) becomes a
                    Subsidies Agreement country, or
                      (B) in the case of an order described in
                    paragraph (1)(B)(ii), the date on which the
                    order is issued,
            liquidation shall be suspended at the cash deposit rate
            in effect on the date described in subparagraph (A) or
            (B) (whichever is applicable).
        (b) Investigation Procedure and Schedule.--
              (1) Commission procedure.--
                      (A) In general.--Except as otherwise provided
                    in this section, the provisions of this title
                    regarding evidence in and procedures for
                    investigations conducted under subtitle A shall
                    apply to investigations conducted by the
                    Commission under this section.
                      (B) Time for commission determination.--
                    Except as otherwise provided in subparagraph
                    (C), the Commission shall issue its
                    determination under subsection (a)(1), to the
                    extent possible, not later than 1 year after
                    the date on which the investigation is
                    initiated under this section.
                      (C) Special rule to permit administrative
                    flexibility.--In the case of requests for
                    investigations received under this section
                    within 1 year after the date on which the WTO
                    Agreement enters into force with respect to the
                    United States, the Commission may, after
                    consulting with the administering authority,
                    initiate its investigations in a manner that
                    results in determinations being made in all
                    such investigations during the 4-year period
                    beginning on such date.
              (2) Net countervailable subsidy; nature of subsidy.--
                      (A) Net countervailable subsidy.--The
                    administering authority shall provide to the
                    Commission the net countervailable subsidy that
                    is likely to prevail if the order which is the
                    subject of the investigation is revoked. The
                    administering authority normally shall choose a
                    net countervailable subsidy that was determined
                    under section 705 or subsection (a) or (b)(1)
                    of section 751. If the Commission considers the
                    magnitude of the net countervailable subsidy in
                    making its determination under this section,
                    the Commission shall use the net
                    countervailable subsidy provided by the
                    administering authority.
                      (B) Nature of subsidy.--The administering
                    authority shall inform the Commission of, and
                    the Commission, in making its determination
                    under this section, shall consider, the nature
                    of the countervailable subsidy and whether the
                    countervailable subsidy is a subsidy described
                    in Article 3 or Article 6.1 of the Subsidies
                    Agreement.
              (3) Effect of commission determination.--
                      (A) Affirmative determination.--Upon being
                    notified by the Commission that it has made an
                    affirmative determination under subsection
                    (a)(1)--
                              (i) the administering authority shall
                            order the termination of the suspension
                            of liquidation required pursuant to
                            subsection (a)(4), and
                              (ii) the countervailing duty order
                            shall remain in effect until revoked,
                            in whole or in part, under section
                            751(d).
                    For purposes of section 751(c), a
                    countervailing duty order described in this
                    section shall be treated as issued on the date
                    of publication of the Commission's
                    determination under this subsection.
                      (B) Negative determination.--
                              (i) In general.--Upon being notified
                            by the Commission that it has made a
                            negative determination under subsection
                            (a)(1), the administering authority
                            shall revoke the countervailing duty
                            order, and shall refund, with interest,
                            any estimated countervailing duties
                            collected during the period liquidation
                            was suspended pursuant to subsection
                            (a)(4).
                              (ii) Limitation on negative
                            determination.--A determination by the
                            Commission that revocation of the order
                            is not likely to result in material
                            injury to an industry by reason of
                            imports of the subject merchandise
                            shall not be based, in whole or in
                            part, on any export taxes, duties, or
                            other charges levied on the export of
                            the subject merchandise to the United
                            States that were specifically intended
                            to offset the countervailable subsidy
                            received.
              (4) Countervailing duty orders with respect to which
            no request for injury investigation is made.--If, with
            respect to a countervailing duty order described in
            subsection (a), a request for an investigation is not
            made within the time required by subsection (a)(3), the
            Commission shall notify the administering authority
            that a negative determination has been made under
            subsection (a) and the provisions of paragraph (3)(B)
            shall apply with respect to the order.
        (c) Pending and Suspended Countervailing Duty
    Investigations.--If, on the date on which a country becomes a
    Subsidies Agreement country, there is a countervailing duty
    investigation in progress or suspended under section 303 or
    section 701(c) that applies to merchandise which is a product
    of that country and with respect to which the requirement of an
    affirmative determination of material injury \374\ was not
    applicable at the time the investigation was initiated, the
    Commission shall--
              (1) in the case of an investigation in progress, make
            a final determination under section 705(b) within 75
            days after the date of an affirmative final
            determination, if any, by the administering authority,
              (2) in the case of a suspended investigation to which
            section 704(i)(1)(B) applies, make a final
            determination under section 705(b) within 120 days
            after receiving notice from the administering authority
            of the resumption of the investigation pursuant to
            section 704(i), or within 45 days after the date of an
            affirmative final determination, if any, by the
            administering authority, whichever is later, or
              (3) in the case of a suspended investigation to which
            section 704(i)(1)(C) applies, treat the countervailing
            duty order issued pursuant to such section as if it
            were--
                      (A) an order issued under subsection
                    (a)(1)(B)(ii) for purposes of subsection
                    (a)(3); and
                      (B) an order issued under subsection
                    (a)(1)(B)(i) for purposes of subsection (a)(4).
        (d) Publication in Federal Register.--The administering
    authority or the Commission, as the case may be, shall publish
    in the Federal Register a notice of the initiation of any
    investigation, and a notice of any determination or revocation,
    made pursuant to this section.
        (e) Request for Simultaneous Expedited Review Under Section
    751(c).--
              (1) General rule.--
                      (A) Requests for reviews.--Notwithstanding
                    section 751(c)(6)(A) and except as provided in
                    subparagraph (B), an interested party may
                    request a review of an order under section
                    751(c) at the same time the party requests an
                    investigation under subsection (a), if the
                    order involves the same or comparable subject
                    merchandise. Upon receipt of such request, the
                    administering authority, after consulting with
                    the Commission, shall initiate a review of the
                    order under section 751(c). The Commission
                    shall combine such review with the
                    investigation under this section.
                      (B) Exception.--If the administering
                    authority determines that the interested party
                    who requested an investigation under this
                    section is a related party or an importer
                    within the meaning of section 771(4)(B), the
                    administering authority may decline a request
                    by such party to initiate a review of an order
                    under section 751(c) which involves the same or
                    comparable subject merchandise.
              (2) Cumulation.--If a review under section 751(c) is
            initiated under paragraph (1), such review shall be
            treated as having been initiated on the same day as the
            investigation under this section, and the Commission
            may, in accordance with section 771(7)(G), cumulatively
            assess the volume and effect of imports of the subject
            merchandise from all countries with respect to which
            such investigations are treated as initiated on the
            same day.
              (3) Time and procedure for commission
            determination.--The Commission shall render its
            determination in the investigation conducted under this
            section at the same time as the Commission's
            determination is made in the review under section
            751(c) that is initiated pursuant to this subsection.
            The Commission shall in all other respects apply the
            procedures and standards set forth in section 751(c) to
            such section 751(c) reviews.

    SEC. 754.\375\ CONTINUED DUMPING AND SUBSIDY OFFSET.

        (a) In General.--Duties assessed pursuant to a
    countervailing duty order, an antidumping duty order, or a
    finding under the Antidumping Act of 1921 shall be distributed
    on an annual basis under this section to the affected domestic
    producers for qualifying expenditures. Such distribution shall
    be known as the ``continued dumping and subsidy offset''.
    ---------------------------------------------------------------------------
        \375\ 19 U.S.C. 1675c. Sec. 1003(a) of Public Law 106-387 (114
    Stat. 1549A-73) added sec. 754. Title X of that Act further provided
    the following:
    ---------------------------------------------------------------------------

    ``sec. 11001. short title.
    ---------------------------------------------------------------------------

        ``This title may be cited as the `Continued Dumping and Subsidy
    Offset Act of 2000'.
    ---------------------------------------------------------------------------

    ``sec. 1002. findings of congress.
    ---------------------------------------------------------------------------

        ``Congress makes the following findings:
    ---------------------------------------------------------------------------

      ``(1) Consistent with the rights of the United States under the World
    Trade Organization, injurious dumping is to be condemned and actionable
    subsidies which cause injury to domestic industries must be effectively
    neutralized.

      ``(2) United States unfair trade laws have as their purpose the
    restoration of conditions of fair trade so that jobs and investment that
    should be in the United States are not lost through the false market
    signals.

      ``(3) The continued dumping or subsidization of imported products after
    the issuance of antidumping orders or findings or countervailing duty
    orders can frustrate the remedial purpose of the laws by preventing market
    prices from returning to fair levels.

      ``(4) Where dumping or subsidization continues, domestic producers will
    be reluctant to reinvest or rehire and may be unable to maintain pension
    and health care benefits that conditions of fair trade would permit.
    Similarly, small businesses and American farmers and ranchers may be unable
    to pay down accumulated debt, to obtain working capital, or to otherwise
    remain viable.

      ``(5) United States trade laws should be strengthened to see that the
    remedial purpose of those laws is achieved.''.
    ---------------------------------------------------------------------------

        Sec. 1003(c) of that Act further provided:
        ``(c) Effective Date.--The amendments made by this section shall
    apply with respect to all antidumping and countervailing duty
    assessments made on or after October 1, 2000.''.
    ---------------------------------------------------------------------------
        (b) Definitions.--As used in this section:
              (1) Affected domestic producer.--The term ``affected
            domestic producer'' means any manufacturer, producer,
            farmer, rancher, or worker representative (including
            associations of such persons) that--
                      (A) was a petitioner or interested party in
                    support of the petition with respect to which
                    an antidumping duty order, a finding under the
                    Antidumping Act of 1921, or a countervailing
                    duty order has been entered, and
                      (B) remains in operation.
            Companies, businesses, or persons that have ceased the
            production of the product covered by the order or
            finding or who have been acquired by a company or
            business that is related to a company that opposed the
            investigation shall not be an affected domestic
            producer.
              (2) Commissioner.--The term ``Commissioner'' means
            the Commissioner of Customs.
              (3) Commission.--The term ``Commission'' means the
            United States International Trade Commission.
              (4) Qualifying expenditure.--The term ``qualifying
            expenditure'' means an expenditure incurred after the
            issuance of the antidumping duty finding or order or
            countervailing duty order in any of the following
            categories:
                      (A) Manufacturing facilities.
                      (B) Equipment.
                      (C) Research and development.
                      (D) Personnel training.
                      (E) Acquisition of technology.
                      (F) Health care benefits to employees paid
                    for by the employer.
                      (G) Pension benefits to employees paid for by
                    the employer.
                      (H) Environmental equipment, training, or
                    technology.
                      (I) Acquisition of raw materials and other
                    inputs.
                      (J) Working capital or other funds needed to
                    maintain production.
              (5) Related to.--A company, business, or person shall
            be considered to be ``related to'' another company,
            business, or person if--
                      (A) the company, business, or person directly
                    or indirectly controls or is controlled by the
                    other company, business, or person,
                      (B) a third party directly or indirectly
                    controls both companies, businesses, or
                    persons,
                      (C) both companies, businesses, or persons
                    directly or indirectly control a third party
                    and there is reason to believe that the
                    relationship causes the first company,
                    business, or persons to act differently than a
                    nonrelated party.
            For purposes of this paragraph, a party shall be
            considered to directly or indirectly control another
            party if the party is legally or operationally in a
            position to exercise restraint or direction over the
            other party.
        (c) Distribution Procedures.--The Commissioner shall
    prescribe procedures for distribution of the continued dumping
    or subsidies offset required by this section. Such distribution
    shall be made not later than 60 days after the first day of a
    fiscal year from duties assessed during the preceding fiscal
    year.
        (d) Parties Eligible for Distribution of Antidumping and
    Countervailing Duties Assessed.--
              (1) List of affected domestic producers.--The
            Commission shall forward to the Commissioner within 60
            days after the effective date of this section in the
            case of orders or findings in effect on January 1,
            1999, or thereafter, or in any other case, within 60
            days after the date an antidumping or countervailing
            duty order or finding is issued, a list of petitioners
            and persons with respect to each order and finding and
            a list of persons that indicate support of the petition
            by letter or through questionnaire response. In those
            cases in which a determination of injury was not
            required or the Commission's records do not permit an
            identification of those in support of a petition, the
            Commission shall consult with the administering
            authority to determine the identity of the petitioner
            and those domestic parties who have entered appearances
            during administrative reviews conducted by the
            administering authority under section 751.
              (2) Publication of list; certification.--The
            Commissioner shall publish in the Federal Register at
            least 30 days before the distribution of a continued
            dumping and subsidy offset, a notice of intention to
            distribute the offset and the list of affected domestic
            producers potentially eligible for the distribution
            based on the list obtained from the Commission under
            paragraph (1). The Commissioner shall request a
            certification from each potentially eligible affected
            domestic producer--
                      (A) that the producer desires to receive a
                    distribution;
                      (B) that the producer is eligible to receive
                    the distribution as an affected domestic
                    producer; and
                      (C) the qualifying expenditures incurred by
                    the producer since the issuance of the order or
                    finding for which distribution under this
                    section has not previously been made.
              (3) Distribution of funds.--The Commissioner shall
            distribute all funds (including all interest earned on
            the funds) from assessed duties received in the
            preceding fiscal year to affected domestic producers
            based on the certifications described in paragraph (2).
            The distributions shall be made on a pro rata basis
            based on new and remaining qualifying expenditures.
        (e) Special Accounts.--
              (1) Establishments.--Within 14 days after the
            effective date of this section, with respect to
            antidumping duty orders and findings and countervailing
            duty orders notified under subsection (d)(1), and
            within 14 days after the date an antidumping duty order
            or finding or countervailing duty order issued after
            the effective date takes effect, the Commissioner shall
            establish in the Treasury of the United States a
            special account with respect to each such order or
            finding.
              (2) Deposits into accounts.--The Commissioner shall
            deposit into the special accounts, all antidumping or
            countervailing duties (including interest earned on
            such duties) that are assessed after the effective date
            of this section under the antidumping order or finding
            or the countervailing duty order with respect to which
            the account was established.
              (3) Time and manner of distributions.--Consistent
            with the requirements of subsections (c) and (d), the
            Commissioner shall by regulation prescribe the time and
            manner in which distribution of the funds in a special
            account shall be made.
              (4) Termination.--A special account shall terminate
            after--
                      (A) the order or finding with respect to
                    which the account was established has
                    terminated;
                      (B) all entries relating to the order or
                    finding are liquidated and duties assessed
                    collected;
                      (C) the Commissioner has provided notice and
                    a final opportunity to obtain distribution
                    pursuant to subsection (c); and
                      (D) 90 days has elapsed from the date of the
                    notice described in subparagraph (C).
            Amounts not claimed within 90 days of the date of the
            notice described in subparagraph (C), shall be
            deposited into the general fund of the Treasury.

      Chapter 2--Consultations and Determinations Regarding Quantitative
                             Restriction Agreements

    SEC. 761.\376\ REQUIRED CONSULTATIONS.

        (a) Agreements in Response of Countervailable
    Subsidies.\377\--Within 90 days after the administering
    authority accepts a quantitative restriction agreement under
    section 704(a)(2) or (c)(3), the President shall enter into
    consultations with the government that is party to the
    agreement for purposes of--
    ---------------------------------------------------------------------------
        \376\ 19 U.S.C. 1676. Sec. 611(a)(4) of Public Law 98-573 (98 Stat.
    3031) added sec. 761. Sec. 626(b) of Public Law 98-573 further stated
    that this amendment shall apply with respect to investigations
    initiated by petition or by the administering authority under subtitles
    A and B of title VII of the Tariff Act of 1930 on or after the
    effective date of this Act (October 30, 1984).
        \377\ Sec. 270(b)(1)(C) and 270(b)(2) of Public Law 103-465 (108
    Stat. 4917) struck out ``Subsidies'' and inserted in lieu thereof
    ``Countervailable Subsidies''.
    ---------------------------------------------------------------------------
              (1) eliminating the countervailable subsidy \378\
            completely, or
    ---------------------------------------------------------------------------
        \378\ Sec. 270(a)(1)(I) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
    ---------------------------------------------------------------------------
              (2) reducing the net countervailable subsidy \376\ to
            a level that eliminates completely the injurious effect
            of exports to the United States of the merchandise.
        (b) Modification of Agreements on Basis of Consultations.--
    At the direction of the President, the administering authority
    shall modify a quantitative restriction agreement as a result
    of consultations entered into under subsection (a).
        (c) Special Rule Regarding Agreements Under Section
    704(c)(3).--This chapter shall cease to apply to a quantitative
    restriction agreement described in section 704(c)(3) at such
    time as that agreement ceases to have force and effect under
    section 704(f) or violation is found under section 704(i).

    SEC. 762.\379\ REQUIRED DETERMINATIONS.

        (a) In General.--Before the expiration date, if any, of a
    quantitative restriction agreement accepted under section
    704(a)(2) or 704(c)(3) (if suspension of the related
    investigation is still in effect)--
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        \379\ 19 U.S.C. 1676a. Sec. 611(a)(4) of Public Law 98-573 (89
    Stat. 3031) added sec. 762. Sec. 626(b) of Public Law 98-573 further
    stated that this amendment shall apply with respect to investigations
    initiated by petition or by the administering authority under subtitles
    A and B of title VII of the Tariff Act of 1930 on or after the
    effective date of this Act (October 30, 1984).
    ---------------------------------------------------------------------------
              (1) the administering authority shall, at the
            direction of the President, initiate a proceeding to
            determine whether any countervailable subsidy \380\ is
            being provided with respect to the subject merchandise
            \381\ and, if being so provided, the net
            countervailable subsidy; \380\ and
    ---------------------------------------------------------------------------
        \380\ Sec. 270(a)(1)(J) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
        \381\ Sec. 233(a)(5)(Z) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise subject to the agreement'' and inserted in
    lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (2) if the administering authority initiates a
            proceeding under paragraph (1), the Commission shall
            determine whether imports of the merchandise of the
            kind subject to the agreement will, upon termination of
            the agreement, materially injure, or threaten with
            material injury, an industry in the United States or
            materially retard the establishment of such an
            industry.
        (b) Determinations.--The determinations required to be made
    by the administering authority and the Commission under
    subsection (a) shall be made under such procedures as the
    administering authority and the Commission, respectively, shall
    by regulation prescribe, and shall be treated as final
    determinations made under section 705 for purposes of judicial
    review under section 516A. If the determinations by each are
    affirmative, the administering authority shall--
              (1) issue a countervailing duty order under section
            706 effective with respect to merchandise entered on
            and after the date on which the agreement terminates;
            and
              (2) order the suspension of liquidation of all
            entries of subject merchandise \382\ which are entered,
            or withdrawn from warehouse for consumption, on or
            after the date of publication of the order in the
            Federal Register.
    ---------------------------------------------------------------------------
        \382\ Sec. 233(a)(5)(AA) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise subject to the order'' and inserted in lieu
    thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
        (c) Hearings.--The determination proceedings required to be
    prescribed under subsection (b) shall provide that the
    administering authority and the Commission must, upon the
    request of any interested party, hold a hearing in accordance
    with section 774 on the issues involved.

                         Subtitle D--General Provisions

    SEC. 771.\383\ DEFINITIONS; SPECIAL RULES.

        For purposes of this title--
    ---------------------------------------------------------------------------
        \383\ 19 U.S.C. 1677.
    ---------------------------------------------------------------------------
              (1) Administering authority.--The term
            ``administering authority'' means the Secretary of
            Commerce,\384\ or any other officer of the United
            States to whom the responsibility for carrying out the
            duties of the administering authority under this title
            are transferred by law.
    ---------------------------------------------------------------------------
        \384\ Sec. 233(b)(2) of Public Law 103-465 (108 Stat. 4901) struck
    out ``the Treasury'' and inserted in lieu thereof ``Commerce''.
    ---------------------------------------------------------------------------
              (2) Commission.--The term ``Commission'' means the
            United States International Trade Commission.
              (3) Country.--The term ``country'' means a foreign
            country, a political subdivision, dependent territory,
            or possession of a foreign country, and, except for the
            purpose of antidumping proceedings, may include an
            association of 2 or more foreign countries, political
            subdivisions, dependent territories, or possessions of
            countries into a customs union outside the United
            States.
              (4) Industry.--
                      (A) \385\ In general.--The term ``industry''
                    means the producers as a whole of a domestic
                    like product, or those producers whose
                    collective output of a domestic like product
                    constitutes a major proportion of the total
                    domestic production of the product.
    ---------------------------------------------------------------------------
        \385\ Sec. 222(a)(1) of Public Law 103-465 (108 Stat. 4869) amended
    and restated subparas. (A) and (B).
    ---------------------------------------------------------------------------
                      (B) \385\ Related parties.--
                              (i) If a producer of a domestic like
                            product and an exporter or importer of
                            the subject merchandise are related
                            parties, or if a producer of the
                            domestic like product is also an
                            importer of the subject merchandise,
                            the producer may, in appropriate
                            circumstances, be excluded from the
                            industry.
                              (ii) For purposes of clause (i), a
                            producer and an exporter or importer
                            shall be considered to be related
                            parties, if--
                                      (I) the producer directly or
                                    indirectly controls the
                                    exporter or importer,
                                      (II) the exporter or importer
                                    directly or indirectly controls
                                    the producer,
                                      (III) a third party directly
                                    or indirectly controls the
                                    producer and the exporter or
                                    importer, or
                                      (IV) the producer and the
                                    exporter or importer directly
                                    or indirectly control a third
                                    party and there is reason to
                                    believe that the relationship
                                    causes the producer to act
                                    differently than a nonrelated
                                    producer.
                    For purposes of this subparagraph, a party
                    shall be considered to directly or indirectly
                    control another party if the party is legally
                    or operationally in a position to exercise
                    restraint or direction over the other party.
                      (C) Regional industries.--In appropriate
                    circumstances, the United States, for a
                    particular product market, may be divided into
                    2 or more markets and the producers within each
                    market may be treated as if they were a
                    separate industry if--
                              (i) the producers within such market
                            sell all or almost all of their
                            production of the domestic like product
                            \386\ in question in that market, and
    ---------------------------------------------------------------------------
        \386\ Sec. 233(a)(3)(A)(i) of Public Law 103-465 (108 Stat. 4898)
    struck out ``like product'' and inserted in lieu thereof ``domestic
    like product''.
    ---------------------------------------------------------------------------
                              (ii) the demand in that market is not
                            supplied, to any substantial degree, by
                            producers of the product in question
                            located elsewhere in the United States.
                    In such appropriate circumstances, material
                    injury, the threat of material injury, or
                    material retardation of the establishment of an
                    industry may be found to exist with respect to
                    an industry even if the domestic industry as a
                    whole, or those producers whose collective
                    output of a domestic like product \386\
                    constitutes a major proportion of the total
                    domestic production of that product, is not
                    injured, if there is a concentration of dumped
                    imports or imports of merchandise benefiting
                    from a countervailable subsidy \380\ into such
                    an isolated market and if the producers of all,
                    or almost all, of the production within that
                    market are being materially injured or
                    threatened by material injury, or if the
                    establishment of an industry is being
                    materially retarded, by reason of the dumped
                    imports or imports of merchandise benefiting
                    from a countervailable subsidy.\387\ The term
                    ``regional industry'' means the domestic
                    producers within a region who are treated as a
                    separate industry under this subparagraph.\388\
    ---------------------------------------------------------------------------
        \387\ Sec. 270(c)(2) of Public Law 103-465 (108 Stat. 4917) struck
    out ``subsidized or'' before ``dumped imports'' and inserted ``or
    imports of merchandise benefiting from a countervailable subsidy''
    after ``dumped imports''.
        \388\ Sec. 222(a)(2) of Public Law 103-465 (108 Stat. 4869) added
    this sentence.
    ---------------------------------------------------------------------------
                      (D) Product lines.--The effect of dumped
                    imports or imports of merchandise benefiting
                    from a countervailable subsidy \387\ shall be
                    assessed in relation to the United States
                    production of a domestic like product \386\ if
                    available data permit the separate
                    identification of production in terms of such
                    criteria as the production process or the
                    producer's profits. If the domestic production
                    of the domestic like product \386\ has no
                    separate identity in terms of such criteria,
                    then the effect of the dumped imports or
                    imports of merchandise benefiting from a
                    countervailable subsidy \387\ shall be assessed
                    by the examination of the production of the
                    narrowest group or range of products, which
                    include a domestic like product,\386\ for which
                    the necessary information can be provided.
                      (E) \389\ Industry producing processed
                    agricultural products.--
    ---------------------------------------------------------------------------
        \389\ Sec. 1326(a) of Public Law 100-418 (102 Stat. 1203) inserted
    subpara. (E).
    ---------------------------------------------------------------------------
                              (i) In general.--Subject to clause
                            (v), in an investigation involving a
                            processed agricultural product produced
                            from any raw agricultural product, the
                            producers or growers of the raw
                            agricultural product may be considered
                            part of the industry producing the
                            processed product if--
                                      (I) the processed
                                    agricultural product is
                                    produced from the raw
                                    agricultural product through a
                                    single continuous line of
                                    production; and
                                      (II) there is a substantial
                                    coincidence of economic
                                    interest between the producers
                                    or growers of the raw
                                    agricultural product and the
                                    processors of the processed
                                    agricultural product based upon
                                    relevant economic factors,
                                    which may, in the discretion of
                                    the Commission, include price,
                                    added market value, or other
                                    economic interrelationships
                                    (regardless of whether such
                                    coincidence of economic
                                    interest is based upon any
                                    legal relationship).
                              (ii) Processing.--For purposes of
                            this subparagraph, the processed
                            agricultural product shall be
                            considered to be processed from a raw
                            agricultural product through a single
                            continuous line of production if--
                                      (I) the raw agricultural
                                    product is substantially or
                                    completely devoted to the
                                    production of the processed
                                    agricultural product; and
                                      (II) the processed
                                    agricultural product is
                                    produced substantially or
                                    completely from the raw
                                    product.
                              (iii) Relevant economic factors.--For
                            purposes of clause (i)(II), in addition
                            to such other factors it considers
                            relevant to the question of coincidence
                            of economic interest, the Commission
                            shall--
                                      (I) if price is taken into
                                    account, consider the degree of
                                    correlation between the price
                                    of the raw agricultural product
                                    and the price of the processed
                                    agricultural product; and
                                      (II) if added market value is
                                    taken into account, consider
                                    whether the value of the raw
                                    agricultural product
                                    constitutes a significant
                                    percentage of the value of the
                                    processed agricultural product.
                              (iv) Raw agricultural product.--For
                            purposes of this subparagraph, the term
                            ``raw agricultural product'' means any
                            farm or fishery product.
                              (v) Termination of this
                            subparagraph.--This subparagraph shall
                            cease to have effect if the United
                            States Trade Representative notifies
                            the administering authority and the
                            Commission that the application of this
                            subparagraph is inconsistent with the
                            international obligations of the United
                            States.
              (5) \390\ Countervailable subsidy.--
    ---------------------------------------------------------------------------
        \390\ Sec. 251(a) of Public Law 103-465 (108 Stat. 4902) amended
    and restated para. (5). The paragraph was previously amended and
    restated by sec. 1312 of Public Law 100-418 (102 Stat. 1184).
    ---------------------------------------------------------------------------
                      (A) In general.--Except as provided in
                    paragraph (5B), a countervailable subsidy is a
                    subsidy described in this paragraph which is
                    specific as described in paragraph (5A).
                      (B) Subsidy described.--A subsidy is
                    described in this paragraph in the case in
                    which an authority--
                              (i) provides a financial
                            contribution,
                              (ii) provides any form of income or
                            price support within the meaning of
                            Article XVI of the GATT 1994, or
                              (iii) makes a payment to a funding
                            mechanism to provide a financial
                            contribution, or entrusts or directs a
                            private entity to make a financial
                            contribution, if providing the
                            contribution would normally be vested
                            in the government and the practice does
                            not differ in substance from practices
                            normally followed by governments, to a
                            person and a benefit is thereby
                            conferred. For purposes of this
                            paragraph and paragraphs (5A) and (5B),
                            the term ``authority'' means a
                            government of a country or any public
                            entity within the territory of the
                            country.
                      (C) Other factors.--The determination of
                    whether a subsidy exists shall be made without
                    regard to whether the recipient of the subsidy
                    is publicly or privately owned and without
                    regard to whether the subsidy is provided
                    directly or indirectly on the manufacture,
                    production, or export of merchandise. The
                    administering authority is not required to
                    consider the effect of the subsidy in
                    determining whether a subsidy exists under this
                    paragraph.
                      (D) Financial contribution.--The term
                    ``financial contribution'' means--
                              (i) the direct transfer of funds,
                            such as grants, loans, and equity
                            infusions, or the potential direct
                            transfer of funds or liabilities, such
                            as loan guarantees,
                              (ii) foregoing or not collecting
                            revenue that is otherwise due, such as
                            granting tax credits or deductions from
                            taxable income,
                              (iii) providing goods or services,
                            other than general infrastructure, or
                              (iv) purchasing goods.
                      (E) Benefit conferred.--A benefit shall
                    normally be treated as conferred where there is
                    a benefit to the recipient, including--
                              (i) in the case of an equity
                            infusion, if the investment decision is
                            inconsistent with the usual investment
                            practice of private investors,
                            including the practice regarding the
                            provision of risk capital, in the
                            country in which the equity infusion is
                            made,
                              (ii) in the case of a loan, if there
                            is a difference between the amount the
                            recipient of the loan pays on the loan
                            and the amount the recipient would pay
                            on a comparable commercial loan that
                            the recipient could actually obtain on
                            the market,
                              (iii) in the case of a loan
                            guarantee, if there is a difference,
                            after adjusting for any difference in
                            guarantee fees, between the amount the
                            recipient of the guarantee pays on the
                            guaranteed loan and the amount the
                            recipient would pay for a comparable
                            commercial loan if there were no
                            guarantee by the authority, and
                              (iv) in the case where goods or
                            services are provided, if such goods or
                            services are provided for less than
                            adequate remuneration, and in the case
                            where goods are purchased, if such
                            goods are purchased for more than
                            adequate remuneration.
                    For purposes of clause (iv), the adequacy of
                    remuneration shall be determined in relation to
                    prevailing market conditions for the good or
                    service being provided or the goods being
                    purchased in the country which is subject to
                    the investigation or review. Prevailing market
                    conditions include price, quality,
                    availability, marketability, transportation,
                    and other conditions of purchase or sale.
                      (F) Change in ownership.--A change in
                    ownership of all or part of a foreign
                    enterprise or the productive assets of a
                    foreign enterprise does not by itself require a
                    determination by the administering authority
                    that a past countervailable subsidy received by
                    the enterprise no longer continues to be
                    countervailable, even if the change in
                    ownership is accomplished through an arm's
                    length transaction.
              (5A) Specificity.--
                      (A) In general.--A subsidy is specific if it
                    is an export subsidy described in subparagraph
                    (B) or an import substitution subsidy described
                    in subparagraph (C), or if it is determined to
                    be specific pursuant to subparagraph (D).
                      (B) Export subsidy.--An export subsidy is a
                    subsidy that is, in law or in fact, contingent
                    upon export performance, alone or as 1 of 2 or
                    more conditions.
                      (C) Import substitution subsidy.--An import
                    substitution subsidy is a subsidy that is
                    contingent upon the use of domestic goods over
                    imported goods, alone or as 1 of 2 or more
                    conditions.
                      (D) Domestic subsidy.--In determining whether
                    a subsidy (other than a subsidy described in
                    subparagraph (B) or (C)) is a specific subsidy,
                    in law or in fact, to an enterprise or industry
                    within the jurisdiction of the authority
                    providing the subsidy, the following guidelines
                    shall apply:
                              (i) Where the authority providing the
                            subsidy, or the legislation pursuant to
                            which the authority operates, expressly
                            limits access to the subsidy to an
                            enterprise or industry, the subsidy is
                            specific as a matter of law.
                              (ii) Where the authority providing
                            the subsidy, or the legislation
                            pursuant to which the authority
                            operates, establishes objective
                            criteria or conditions governing the
                            eligibility for, and the amount of, a
                            subsidy, the subsidy is not specific as
                            a matter of law, if--
                                      (I) eligibility is automatic,
                                      (II) the criteria or
                                    conditions for eligibility are
                                    strictly followed, and
                                      (III) the criteria or
                                    conditions are clearly set
                                    forth in the relevant statute,
                                    regulation, or other official
                                    document so as to be capable of
                                    verification.
                            For purposes of this clause, the term
                            ``objective criteria or conditions''
                            means criteria or conditions that are
                            neutral and that do not favor one
                            enterprise or industry over another.
                              (iii) Where there are reasons to
                            believe that a subsidy may be specific
                            as a matter of fact, the subsidy is
                            specific if one or more of the
                            following factors exist:
                                      (I) The actual recipients of
                                    the subsidy, whether considered
                                    on an enterprise or industry
                                    basis, are limited in number.
                                      (II) An enterprise or
                                    industry is a predominant user
                                    of the subsidy.
                                      (III) An enterprise or
                                    industry receives a
                                    disproportionately large amount
                                    of the subsidy.
                                      (IV) The manner in which the
                                    authority providing the subsidy
                                    has exercised discretion in the
                                    decision to grant the subsidy
                                    indicates that an enterprise or
                                    industry is favored over
                                    others.
                            In evaluating the factors set forth in
                            subclauses (I), (II), (III), and (IV),
                            the administering authority shall take
                            into account the extent of
                            diversification of economic activities
                            within the jurisdiction of the
                            authority providing the subsidy, and
                            the length of time during which the
                            subsidy program has been in operation.
                              (iv) Where a subsidy is limited to an
                            enterprise or industry located within a
                            designated geographical region within
                            the jurisdiction of the authority
                            providing the subsidy, the subsidy is
                            specific.
            For purposes of this paragraph and paragraph (5B), any
            reference to an enterprise or industry is a reference
            to a foreign enterprise or foreign industry and
            includes a group of such enterprises or industries.
              (5B) Categories of noncountervailable subsidies.--
                      (A) In general.--Notwithstanding the
                    provisions of paragraphs (5) and (5A), in the
                    case of merchandise imported from a Subsidies
                    Agreement country, a subsidy shall be treated
                    as noncountervailable if the administering
                    authority determines in an investigation under
                    subtitle A or a review under subtitle C that
                    the subsidy meets all of the criteria described
                    in subparagraph (B), (C), or (D), as the case
                    may be, or the provisions of subparagraph
                    (E)(i) apply.
                      (B) Research subsidy.--
                              (i) In general.--Except for a subsidy
                            provided on the manufacture,
                            production, or export of civil
                            aircraft, a subsidy for research
                            activities conducted by a person, or by
                            a higher education or research
                            establishment on a contract basis with
                            a person, shall be treated as
                            noncountervailable, if the subsidy
                            covers not more than 75 percent of the
                            costs of industrial research or not
                            more than 50 percent of the costs of
                            precompetitive development activity,
                            and such subsidy is limited exclusively
                            to--
                                      (I) the costs of researchers,
                                    technicians, and other
                                    supporting staff employed
                                    exclusively in the research
                                    activity,
                                      (II) the costs of
                                    instruments, equipment, land,
                                    or buildings that are used
                                    exclusively and permanently
                                    (except when disposed of on a
                                    commercial basis) for the
                                    research activity,
                                      (III) the costs of
                                    consultancy and equivalent
                                    services used exclusively for
                                    the research activity,
                                    including costs for bought-in
                                    research, technical knowledge,
                                    and patents,
                                      (IV) additional overhead
                                    costs incurred directly as a
                                    result of the research
                                    activity, and
                                      (V) other operating costs
                                    (such as materials and
                                    supplies) incurred directly as
                                    a result of the research
                                    activity.
                              (ii) Definitions.--For purposes of
                            this subparagraph--
                                      (I) Industrial research.--The
                                    term ``industrial research''
                                    means planned search or
                                    critical investigation aimed at
                                    the discovery of new knowledge,
                                    with the objective that such
                                    knowledge may be useful in
                                    developing new products,
                                    processes, or services, or in
                                    bringing about a significant
                                    improvement to existing
                                    products, processes, or
                                    services.
                                      (II) Precompetitive
                                    development activity.--The term
                                    ``precompetitive development
                                    activity'' means the
                                    translation of industrial
                                    research findings into a plan,
                                    blueprint, or design for new,
                                    modified, or improved products,
                                    processes, or services, whether
                                    intended for sale or use,
                                    including the creation of a
                                    first prototype that would not
                                    be capable of commercial use.
                                    The term also may include the
                                    conceptual formulation and
                                    design of products, processes,
                                    or services alternatives and
                                    initial demonstration or pilot
                                    projects, if these same
                                    projects cannot be converted or
                                    used for industrial application
                                    or commercial exploitation. The
                                    term does not include routine
                                    or periodic alterations to
                                    existing products, production
                                    lines, manufacturing processes,
                                    services, or other ongoing
                                    operations even if those
                                    alterations may represent
                                    improvements.
                              (iii) Calculation rules.--
                                      (I) In general.--In the case
                                    of a research activity that
                                    spans both industrial research
                                    and precompetitive development
                                    activity, the allowable level
                                    of the noncountervailable
                                    subsidy shall not exceed 62.5
                                    percent of the costs set forth
                                    in subclauses (I), (II), (III),
                                    (IV), and (V) of clause (i).
                                      (II) Total eligible costs.--
                                    The allowable level of a
                                    noncountervailable subsidy
                                    described in clause (i) shall
                                    be based on the total eligible
                                    costs incurred over the
                                    duration of a particular
                                    project.
                      (C) Subsidy to disadvantaged regions.--
                              (i) In general.--A subsidy provided,
                            pursuant to a general framework of
                            regional development, to a person
                            located in a disadvantaged region
                            within a country shall be treated as
                            noncountervailable, if it is not
                            specific (within the meaning of
                            paragraph (5A)) within eligible regions
                            and if the following conditions are
                            met:
                                      (I) Each region identified as
                                    disadvantaged within the
                                    territory of a country is a
                                    clearly designated, contiguous
                                    geographical area with a
                                    definable economic and
                                    administrative identity.
                                      (II) Each region is
                                    considered a disadvantaged
                                    region on the basis of neutral
                                    and objective criteria
                                    indicating that the region is
                                    disadvantaged because of more
                                    than temporary circumstances,
                                    and such criteria are clearly
                                    stated in the relevant statute,
                                    regulation, or other official
                                    document so as to be capable of
                                    verification.
                                      (III) The criteria described
                                    in subclause (II) include a
                                    measurement of economic
                                    development.
                                      (IV) Programs provided within
                                    a general framework of regional
                                    development include ceilings on
                                    the amount of assistance that
                                    can be granted to a subsidized
                                    project. Such ceilings are
                                    differentiated according to the
                                    different levels of development
                                    of assisted regions, and are
                                    expressed in terms of
                                    investment costs or costs of
                                    job creation. Within such
                                    ceilings, the distribution of
                                    assistance is sufficiently
                                    broad and even to avoid the
                                    predominant use of a subsidy
                                    by, or the provision of
                                    disproportionately large
                                    amounts of a subsidy to, an
                                    enterprise or industry as
                                    described in paragraph (5A)(D).
                              (ii) Measurement of economic
                            development.--For purposes of clause
                            (i), the measurement of economic
                            development shall be based on one or
                            more of the following factors:
                                      (I) Per capita income,
                                    household per capita income, or
                                    per capita gross domestic
                                    product that does not exceed 85
                                    percent of the average for the
                                    country subject to
                                    investigation or review.
                                      (II) An unemployment rate
                                    that is at least 110 percent of
                                    the average unemployment rate
                                    for the country subject to
                                    investigation or review.
                            The measurement of economic development
                            shall cover a 3-year period, but may be
                            a composite measurement and may include
                            factors other than those set forth in
                            this clause.
                              (iii) Definitions.--For purposes of
                            this subparagraph--
                                      (I) General framework of
                                    regional development.--The term
                                    ``general framework of regional
                                    development'' means that the
                                    regional subsidy programs are
                                    part of an internally
                                    consistent and generally
                                    applicable regional development
                                    policy, and that regional
                                    development subsidies are not
                                    granted in isolated
                                    geographical points having no,
                                    or virtually no, influence on
                                    the development of a region.
                                      (II) Neutral and objective
                                    criteria.--The term ``neutral
                                    and objective criteria'' means
                                    criteria that do not favor
                                    certain regions beyond what is
                                    appropriate for the elimination
                                    or reduction of regional
                                    disparities within the
                                    framework of the regional
                                    development policy.
                      (D) Subsidy for adaptation of existing
                    facilities to new environmental requirements.--
                              (i) In general.--A subsidy that is
                            provided to promote the adaptation of
                            existing facilities to new
                            environmental requirements that are
                            imposed by statute or by regulation,
                            and that result in greater constraints
                            and financial burdens on the recipient
                            of the subsidy, shall be treated as
                            noncountervailable, if the subsidy--
                                      (I) is a one-time
                                    nonrecurring measure,
                                      (II) is limited to 20 percent
                                    of the cost of adaptation,
                                      (III) does not cover the cost
                                    of replacing and operating the
                                    subsidized investment, a cost
                                    that must be fully borne by the
                                    recipient,
                                      (IV) is directly linked and
                                    proportionate to the
                                    recipient's planned reduction
                                    of nuisances and pollution, and
                                    does not cover any
                                    manufacturing cost savings that
                                    may be achieved, and
                                      (V) is available to all
                                    persons that can adopt the new
                                    equipment or production
                                    processes.
                              (ii) Existing facilities.--For
                            purposes of this subparagraph, the term
                            ``existing facilities'' means
                            facilities that have been in operation
                            for at least 2 years before the date on
                            which the new environmental
                            requirements are imposed.
                      (E) Notified subsidy program.--
                              (i) General rule.--If a subsidy is
                            provided pursuant to a program that has
                            been notified in accordance with
                            Article 8.3 of the Subsidies Agreement,
                            the subsidy shall be treated as
                            noncountervailable and shall not be
                            subject to investigation or review
                            under this title.
                              (ii) Exception.--Notwithstanding
                            clause (i), a subsidy shall be treated
                            as countervailable if--
                                      (I) the Trade Representative
                                    notifies the administering
                                    authority that a determination
                                    has been made pursuant to
                                    Article 8.4 or 8.5 of the
                                    Subsidies Agreement that the
                                    subsidy, or the program
                                    pursuant to which the subsidy
                                    was provided, does not satisfy
                                    the conditions and criteria of
                                    Article 8.2 of the Subsidies
                                    Agreement; and
                                      (II) the subsidy is specific
                                    within the meaning of paragraph
                                    (5A).
                      (F) Certain subsidies on agricultural
                    products.--Domestic support measures that are
                    provided with respect to products listed in
                    Annex 1 to the Agreement on Agriculture, and
                    that the administering authority determines
                    conform fully to the provisions of Annex 2 to
                    that Agreement, shall be treated as
                    noncountervailable. Upon request by the
                    administering authority, the Trade
                    Representative shall provide advice regarding
                    the interpretation and application of Annex 2.
                      (G) Provisional application.--
                              (i) Subparagraphs (B), (C), (D), and
                            (E) shall not apply on or after the
                            first day of the month that is 66
                            months after the WTO Agreement enters
                            into force, unless the provisions of
                            such subparagraphs are extended
                            pursuant to section 282(c) of the
                            Uruguay Round Agreements Act.
                              (ii) Subparagraph (F) shall not apply
                            to imports from a WTO member country at
                            the end of the 9-year period beginning
                            on January 1, 1995. The Trade
                            Representative shall determine the
                            precise termination date for each WTO
                            member country in accordance with
                            paragraph (i) of Article 1 of the
                            Agreement on Agriculture and such date
                            shall be notified to the administering
                            authority.
              (6) \391\ Net countervailable subsidy.--For the
            purpose of determining the net countervailable subsidy,
            the administering authority may subtract from the gross
            countervailable subsidy the amount of--
    ---------------------------------------------------------------------------
        \391\ Sec. 251(b) of Public Law 103-465 (108 Stat. 4908) inserted
    ``countervailable'' before ``subsidy'' throughout para. (6).
    ---------------------------------------------------------------------------
                      (A) any application fee, deposit, or similar
                    payment paid in order to qualify for, or to
                    receive, the benefit of the countervailable
                    subsidy,
                      (B) any loss in the value of the
                    countervailable subsidy resulting from its
                    deferred receipt, if the deferral is mandated
                    by Government order, and
                      (C) export taxes, duties, or other charges
                    levied on the export of merchandise to the
                    United States specifically intended to offset
                    the countervailable subsidy received.
              (7) Material injury.--
                      (A) In general.--The term ``material injury''
                    means harm which is not inconsequential,
                    immaterial, or unimportant.
                      (B) \392\ Volume and consequent impact.--In
                    making determinations under sections 703(a),
                    705(b), 733(a), and 735(b), the Commission, in
                    each case--
    ---------------------------------------------------------------------------
        \392\ Sec. 1328 of the Omnibus Trade and Competitiveness Act of
    1988 (Public Law 100-418; 102 Stat. 1205) amended and restated subpara.
    (B).
    ---------------------------------------------------------------------------
                              (i) shall consider--
                                      (I) the volume of imports of
                                    the subject merchandise,\393\
    ---------------------------------------------------------------------------
        \393\ Sec. 233(a)(5)(BB) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
                                      (II) the effect of imports of
                                    that merchandise on prices in
                                    the United States for domestic
                                    like products,\394\ and
    ---------------------------------------------------------------------------
        \394\ Sec. 233(a)(3)(B) of Public Law 103-465 (108 Stat. 4898)
    struck out ``like products'' and inserted in lieu thereof ``domestic
    like products''.
    ---------------------------------------------------------------------------
                                      (III) the impact of imports
                                    of such merchandise on domestic
                                    producers of domestic like
                                    products,\394\ but only in the
                                    context of production
                                    operations within the United
                                    States; and
                              (ii) may consider such other economic
                            factors as are relevant to the
                            determination regarding whether there
                            is material injury by reason of
                            imports.
                    In the notification required under section
                    705(d) or 735(d), as the case may be, the
                    Commission shall explain its analysis of each
                    factor considered under clause (i), and
                    identify each factor considered under clause
                    (ii) and explain in full its relevance to the
                    determination.
                      (C) \395\ Evaluation of relevant factors.--
                    For purposes of subparagraph (B)--
    ---------------------------------------------------------------------------
        \395\ Sec. 1328(2) of Public Law 100-418 (102 Stat. 1205) amended
    subpara. (C) by amending the heading which previously read ``Evaluation
    of volume and of price effects''; by striking out ``price
    undercutting'' in clause (ii)(I) and inserting in lieu thereof ``price
    underselling''; and by restating clause (iii).
    ---------------------------------------------------------------------------
                              (i) Volume.--In evaluating the volume
                            of imports of merchandise, the
                            Commission shall consider whether the
                            volume of imports of the merchandise,
                            or any increase in that volume, either
                            in absolute terms or relative to
                            production or consumption in the United
                            States, is significant.
                              (ii) Price.--In evaluating the effect
                            of imports of such merchandise on
                            prices, the Commission shall consider
                            whether--
                                      (I) there has been
                                    significant price underselling
                                    \395\ by the imported
                                    merchandise as compared with
                                    the price of domestic like
                                    products \394\ of the United
                                    States, and
                                      (II) the effect of imports of
                                    such merchandise otherwise
                                    depresses prices to a
                                    significant degree or prevents
                                    price increases, which
                                    otherwise would have occurred,
                                    to a significant degree.
                              (iii) \395\ Impact on affected
                            domestic industry.--In examining the
                            impact required to be considered under
                            subparagraph (B)(i)(III),\396\ the
                            Commission shall evaluate all relevant
                            economic factors which have a bearing
                            on the state of the industry in the
                            United States, including, but not
                            limited to--
    ---------------------------------------------------------------------------
        \396\ Sec. 222(b)(3) of Public Law 103-465 (108 Stat. 4870) struck
    out ``subparagraph (B)(iii)'' and inserted in lieu thereof
    ``subparagraph (B)(i)(III)''.
    ---------------------------------------------------------------------------
                                      (I) actual and potential
                                    decline in output, sales,
                                    market share, profits,
                                    productivity, return on
                                    investments, and utilization of
                                    capacity,
                                      (II) factors affecting
                                    domestic prices,
                                      (III) actual and potential
                                    negative effects on cash flow,
                                    inventories, employment, wages,
                                    growth, ability to raise
                                    capital, and investment,\397\
    ---------------------------------------------------------------------------
        \397\ Sec. 222(b)(1) of Public Law 103-465 (108 Stat. 4870) struck
    out ``and'' at the end of subclause (III), struck out a period and
    inserted in lieu thereof ``, and'' at the end of subclause (IV), and
    added a new subclause (V).
    ---------------------------------------------------------------------------
                                      (IV) actual and potential
                                    negative effects on the
                                    existing development and
                                    production efforts of the
                                    domestic industry, including
                                    efforts to develop a derivative
                                    or more advanced version of the
                                    domestic like product,\398\ and
                                    \397\
    ---------------------------------------------------------------------------
        \398\ Sec. 233(a)(3)(A)(ii) of Public Law 103-465 (108 Stat. 4898)
    struck out ``like product'' and inserted in lieu thereof ``domestic
    like product''.
    ---------------------------------------------------------------------------
                                      (V) \397\ in a proceeding
                                    under subtitle B, the magnitude
                                    of the margin of dumping.
                            The Commission shall evaluate all
                            relevant economic factors described in
                            this clause within the context of the
                            business cycle and conditions of
                            competition that are distinctive to the
                            affected industry.
                              (iv) \399\ Captive production.--If
                            domestic producers internally transfer
                            significant production of the domestic
                            like product for the production of a
                            downstream article and sell significant
                            production of the domestic like product
                            in the merchant market, and the
                            Commission finds that--
    ---------------------------------------------------------------------------
        \399\ Sec. 222(b)(2) of Public Law 103-465 (108 Stat. 4870) amended
    and restated clause (iv).
    ---------------------------------------------------------------------------
                                      (I) the domestic like product
                                    produced that is internally
                                    transferred for processing into
                                    that downstream article does
                                    not enter the merchant market
                                    for the domestic like product,
                                      (II) the domestic like
                                    product is the predominant
                                    material input in the
                                    production of that downstream
                                    article, and
                                      (III) the production of the
                                    domestic like product sold in
                                    the merchant market is not
                                    generally used in the
                                    production of that downstream
                                    article,
                            then the Commission, in determining
                            market share and the factors affecting
                            financial performance set forth in
                            clause (iii), shall focus primarily on
                            the merchant market for the domestic
                            like product.
                              (v) \400\ * * * [Repealed--1994]
    ---------------------------------------------------------------------------
        \400\ Sec. 222(d)(1) of Public Law 103-465 (108 Stat. 4871)
    repealed clause (v), relating to the treatment of negligible imports.
    See sec. 771(24).
    ---------------------------------------------------------------------------
                      (D) Special rules for agricultural
                    products.--
                              (i) The Commission shall not
                            determine that there is no material
                            injury or threat of material injury to
                            United States producers of an
                            agricultural commodity merely because
                            of the prevailing market price is at or
                            above the minimum support price.
                              (ii) In the case of agricultural
                            products, the Commission shall consider
                            any increased burden on government
                            income or price support programs.
                      (E) Special rules.--For purposes of this
                    paragraph--
                              (i) \401\ Nature of countervailable
                            subsidy.--In determining whether there
                            is a threat of material injury, the
                            Commission shall consider information
                            provided to it by the administering
                            authority regarding the nature of the
                            countervailable subsidy granted by a
                            foreign country (particularly whether
                            the countervailable subsidy is a
                            subsidy described in Article 3 or 6.1
                            of the Subsidies Agreement) and the
                            effects likely to be caused by the
                            countervailable subsidy.
    ---------------------------------------------------------------------------
        \401\ Sec. 266 of Public Law 103-465 (108 Stat. 4915) amended and
    restated clause (i).
    ---------------------------------------------------------------------------
                              (ii) Standard for determination.--The
                            presence or absence of any factor which
                            the Commission is required to evaluate
                            under subparagraph (C) or (D) shall not
                            necessarily give decisive guidance with
                            respect to the determination by the
                            Commission of material injury.
                      (F) \402\ Threat of material injury.--
    ---------------------------------------------------------------------------
        \402\ Sec. 612(a)(2)(B) of Public Law 98-573 (98 Stat. 3033) added
    subpara. (F). Sec. 626(b) of Public Law 98-573 further stated that this
    amendment shall apply with respect to investigations initiated by
    petition or by the administering authority under subtitles A and B of
    title VII of the Tariff Act of 1930 on or after the effective date of
    this Act (October 30, 1984).
    ---------------------------------------------------------------------------
                              (i) \403\ In general.--In determining
                            whether an industry in the United
                            States is threatened with material
                            injury by reason of imports (or sales
                            for importation) of the subject
                            merchandise, the Commission shall
                            consider, among other relevant economic
                            factors--
    ---------------------------------------------------------------------------
        \403\ Sec. 222(c) of Public Law 103-465 (108 Stat. 4870) amended
    and restated clauses (i) and (ii).
    ---------------------------------------------------------------------------
                                      (I) if a countervailable
                                    subsidy is involved, such
                                    information as may be presented
                                    to it by the administering
                                    authority as to the nature of
                                    the subsidy (particularly as to
                                    whether the countervailable
                                    subsidy is a subsidy described
                                    in Article 3 or 6.1 of the
                                    Subsidies Agreement), and
                                    whether imports of the subject
                                    merchandise are likely to
                                    increase,
                                      (II) any existing unused
                                    production capacity or
                                    imminent, substantial increase
                                    in production capacity in the
                                    exporting country indicating
                                    the likelihood of substantially
                                    increased imports of the
                                    subject merchandise into the
                                    United States, taking into
                                    account the availability of
                                    other export markets to absorb
                                    any additional exports,
                                      (III) a significant rate of
                                    increase of the volume or
                                    market penetration of imports
                                    of the subject merchandise
                                    indicating the likelihood of
                                    substantially increased
                                    imports,
                                      (IV) whether imports of the
                                    subject merchandise are
                                    entering at prices that are
                                    likely to have a significant
                                    depressing or suppressing
                                    effect on domestic prices, and
                                    are likely to increase demand
                                    for further imports,
                                      (V) inventories of the
                                    subject merchandise,
                                      (VI) the potential for
                                    product-shifting if production
                                    facilities in the foreign
                                    country, which can be used to
                                    produce the subject
                                    merchandise, are currently
                                    being used to produce other
                                    products,
                                      (VII) in any investigation
                                    under this title which involves
                                    imports of both a raw
                                    agricultural product (within
                                    the meaning of paragraph
                                    (4)(E)(iv)) and any product
                                    processed from such raw
                                    agricultural product, the
                                    likelihood that there will be
                                    increased imports, by reason of
                                    product shifting, if there is
                                    an affirmative determination by
                                    the Commission under section
                                    705(b)(1) or 735(b)(1) with
                                    respect to either the raw
                                    agricultural product or the
                                    processed agricultural product
                                    (but not both),
                                      (VIII) the actual and
                                    potential negative effects on
                                    the existing development and
                                    production efforts of the
                                    domestic industry, including
                                    efforts to develop a derivative
                                    or more advanced version of the
                                    domestic like product, and
                                      (IX) any other demonstrable
                                    adverse trends that indicate
                                    the probability that there is
                                    likely to be material injury by
                                    reason of imports (or sale for
                                    importation) of the subject
                                    merchandise (whether or not it
                                    is actually being imported at
                                    the time).
                              (ii) \403\ Basis for determination.--
                            The Commission shall consider the
                            factors set forth in clause (i) as a
                            whole in making a determination of
                            whether further dumped or subsidized
                            imports are imminent and whether
                            material injury by reason of imports
                            would occur unless an order is issued
                            or a suspension agreement is accepted
                            under this title. The presence or
                            absence of any factor which the
                            Commission is required to consider
                            under clause (i) shall not necessarily
                            give decisive guidance with respect to
                            the determination. Such a determination
                            may not be made on the basis of mere
                            conjecture or supposition.
                              (iii) \404\ Effect of dumping in
                            third-country markets.--
    ---------------------------------------------------------------------------
        \404\ Sec. 1329(4) of Public Law 100-418 (102 Stat. 1206) added
    clause (iii).
    ---------------------------------------------------------------------------
                                      (I) In general.--In
                                    investigations under subtitle
                                    B, the Commission shall
                                    consider whether dumping in the
                                    markets of foreign countries
                                    (as evidenced by dumping
                                    findings or antidumping
                                    remedies in other WTO member
                                    \405\ markets against the same
                                    class or kind of merchandise
                                    manufactured or exported by the
                                    same party as under
                                    investigation) suggests a
                                    threat of material injury to
                                    the domestic industry. In the
                                    course of its investigation,
                                    the Commission shall request
                                    information from the foreign
                                    manufacturer, exporter, or
                                    United States importer
                                    concerning this issue.
    ---------------------------------------------------------------------------
        \405\ Sec. 233(b)(1)(A) of Public Law 103-465 (108 Stat. 4901)
    struck out ``GATT member'' and inserted in lieu thereof ``WTO member''.
    ---------------------------------------------------------------------------
                                      (II) \406\ WTO member
                                    market.--For purposes of this
                                    clause, the term ``WTO member
                                    market'' means the market of
                                    any country which is a WTO
                                    member.\407\
    ---------------------------------------------------------------------------
        \406\ Sec. 233(b)(1)(B) of Public Law 103-465 (108 Stat. 4901)
    struck out ``GATT member'' and inserted in lieu thereof ``WTO member''
    in the subclause heading and in the text.
        \407\ Sec. 233(b)(1)(B)(iii) of Public Law 103-465 (108 Stat. 4901)
    struck out ``signatory to The Agreement on Implementation of Article VI
    of the General Agreement on Tariffs and Trade (relating to antidumping
    measures)'' and inserted in lieu thereof ``WTO member''.
    ---------------------------------------------------------------------------
                                      (III) European communities.--
                                    For purposes of this clause,
                                    the European Communities shall
                                    be treated as a foreign
                                    country.
                              (iv) \408\ * * * [Repealed--1994]
    ---------------------------------------------------------------------------
        \408\ Sec. 222(e) of Public Law 103-465 (108 Stat. 4873) struck out
    clause (iv), relating to cumulation, and added new subparas. (G) and
    (H).
    ---------------------------------------------------------------------------
                      (G) \408\ Cumulation for determining material
                    injury.--
                              (i) In general.--For purposes of
                            clauses (i) and (ii) of subparagraph
                            (C), and subject to clause (ii), the
                            Commission shall cumulatively assess
                            the volume and effect of imports of the
                            subject merchandise from all countries
                            with respect to which--
                                      (I) petitions were filed
                                    under section 702(b) or 732(b)
                                    on the same day,
                                      (II) investigations were
                                    initiated under section 702(a)
                                    or 732(a) on the same day, or
                                      (III) petitions were filed
                                    under section 702(b) or 732(b)
                                    and investigations were
                                    initiated under section 702(a)
                                    or 732(a) on the same day,
                            if such imports compete with each other
                            and with domestic like products in the
                            United States market.
                              (ii) Exceptions.--The Commission
                            shall not cumulatively assess the
                            volume and effect of imports under
                            clause (i)--
                                      (I) with respect to which the
                                    administering authority has
                                    made a preliminary negative
                                    determination, unless the
                                    administering authority
                                    subsequently made a final
                                    affirmative determination with
                                    respect to those imports before
                                    the Commission's final
                                    determination is made;
                                      (II) from any country with
                                    respect to which the
                                    investigation has been
                                    terminated;
                                      (III) \409\ from any country
                                    designated as a beneficiary
                                    country under the Caribbean
                                    Basin Economic Recovery Act (19
                                    U.S.C. 2701 et seq.) for
                                    purposes of making a
                                    determination with respect to
                                    that country, except that the
                                    volume and effect of imports of
                                    the subject merchandise from
                                    such country may be
                                    cumulatively assessed with
                                    imports of the subject
                                    merchandise from any other
                                    country designated as such a
                                    beneficiary country to the
                                    extent permitted by clause (i);
                                    or
    ---------------------------------------------------------------------------
        \409\ Sec. 201(a)(3)(B)(i) of the Dominican Republic-Central
    America-United States Free Trade Agreement Implementation Act (Public
    Law 109-53; 119 Stat. 467) provided that each CAFTA-DR country shall be
    considered a beneficiary country under sec. 212(a) of the Caribbean
    Basin Economic Recovery Act for the purposes of secs.
    771(7)(G)(ii)(III) and 771(7)(H) of the Tariff Act of 1930.
    ---------------------------------------------------------------------------
                                      (IV) from any country that is
                                    a party to an agreement with
                                    the United States establishing
                                    a free trade area, which
                                    entered into force and effect
                                    before January 1, 1987, unless
                                    the Commission determines that
                                    a domestic industry is
                                    materially injured or
                                    threatened with material injury
                                    by reason of imports from that
                                    country.
                              (iii) Records in final
                            investigations.--In each final
                            determination in which it cumulatively
                            assesses the volume and effect of
                            imports under clause (i), the
                            Commission shall make its
                            determinations based on the record
                            compiled in the first investigation in
                            which it makes a final determination,
                            except that when the administering
                            authority issues its final
                            determination in a subsequently
                            completed investigation, the Commission
                            shall permit the parties in the
                            subsequent investigation to submit
                            comments concerning the significance of
                            the administering authority's final
                            determination, and shall include such
                            comments and the administering
                            authority's final determination in the
                            record for the subsequent
                            investigation.
                              (iv) Regional industry
                            determinations.--In an investigation
                            which involves a regional industry, and
                            in which the Commission decides that
                            the volume and effect of imports should
                            be cumulatively assessed under this
                            subparagraph, such assessment shall be
                            based upon the volume and effect of
                            imports into the region or regions
                            determined by the Commission. The
                            provisions of clause (iii) shall apply
                            to such investigations.
                      (H) 408, 409 Cumulation for
                    determining threat of material injury.--To the
                    extent practicable and subject to subparagraph
                    (G)(ii), for purposes of clause (i)(III) and
                    (IV) of subparagraph (F), the Commission may
                    cumulatively assess the volume and price
                    effects of imports of the subject merchandise
                    from all countries with respect to which
                              (i) petitions were filed under
                            section 702(b) or 732(b) on the same
                            day,
                              (ii) investigations were initiated
                            under section 702(a) or 732(a) on the
                            same day, or
                              (iii) petitions were filed under
                            section 702(b) or 732(b) and
                            investigations were initiated under
                            section 702(a) or 732(a) on the same
                            day, if such imports compete with each
                            other and with domestic like products
                            in the United States market.
                      (I) \410\ Consideration of post-petition
                    information.--The Commission shall consider
                    whether any change in the volume, price
                    effects, or impact of imports of the subject
                    merchandise since the filing of the petition in
                    an investigation under subtitle A or B is
                    related to the pendency of the investigation
                    and, if so, the Commission may reduce the
                    weight accorded to the data for the period
                    after the filing of the petition in making its
                    determination of material injury, threat of
                    material injury, or material retardation of the
                    establishment of an industry in the United
                    States.
    ---------------------------------------------------------------------------
        \410\ Sec. 222(f) of Public Law 103-465 (108 Stat. 4874) added
    subpara. (I).
    ---------------------------------------------------------------------------
              (8) \411\ Subsidies agreement; agreement on
            agriculture.--
    ---------------------------------------------------------------------------
        \411\ Sec. 270(e) of Public Law 103-465 (108 Stat. 4918) amended
    and restated para. (8).
    ---------------------------------------------------------------------------
                      (A) Subsidies agreement.--The term
                    ``Subsidies Agreement'' means the Agreement on
                    Subsidies and Countervailing Measures referred
                    to in section 101(d)(12) of the Uruguay Round
                    Agreements Act.
                      (B) Agreement on agriculture.--The term
                    ``Agreement on Agriculture'' means the
                    Agreement on Agriculture referred to in section
                    101(d)(2) of the Uruguay Round Agreements Act.
              (9) Interested party.--The term ``interested party''
            means--
                      (A) a foreign manufacturer, producer, or
                    exporter, or the United States importer, of
                    subject merchandise \412\ or a trade or
                    business association a majority of the members
                    of which are producers, exporters, or \413\
                    importers of such merchandise,
    ---------------------------------------------------------------------------
        \412\ Sec. 233(a)(5)(CC) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise which is the subject of an investigation under
    this title'' and inserted in lieu thereof ``subject merchandise''.
        \413\ Sec. 222(g)(1) of Public Law 103-465 (108 Stat. 4874)
    inserted ``producers, exporters, or'' before ``importers''.
    ---------------------------------------------------------------------------
                      (B) the government of a country in which such
                    merchandise is produced or manufactured or from
                    which such merchandise is exported,\414\
    ---------------------------------------------------------------------------
        \414\ Sec. 222(g)(2) of Public Law 103-465 (108 Stat. 4874)
    inserted ``or from which such merchandise is exported'' after
    ``manufactured''.
    ---------------------------------------------------------------------------
                      (C) a manufacturer, producer, or wholesaler
                    in the United States of a domestic like
                    product,\415\
    ---------------------------------------------------------------------------
        \415\ Sec. 233(a)(3)(A) of Public Law 103-465 (108 Stat. 4898)
    struck out ``like product'' and inserted in lieu thereof ``domestic
    like product''.
    ---------------------------------------------------------------------------
                      (D) a certified union or recognized union or
                    group of workers which is representative of an
                    industry engaged in the manufacture,
                    production, or wholesale in the United States
                    of a domestic like product,\415\ and
                      (E) a trade or business association a
                    majority of whose members manufacture, produce,
                    or wholesale a domestic like product \415\ in
                    the United States,\416\
    ---------------------------------------------------------------------------
        \416\ Sec. 1326(c) of Public Law 100-418 (102 Stat. 1204) struck
    out ``and'' at the end of subpara. (E); struck out the period at the
    end of subpara. (F) and inserted ``, and''; and added new subpara. (G).
    ---------------------------------------------------------------------------
                      (F) \417\ an association, a majority of whose
                    members is composed of interested parties
                    described in subparagraph (C), (D), or (E) with
                    respect to a domestic like product,\415\ and
                    \416\
    ---------------------------------------------------------------------------
        \417\ Sec. 612(a)(3) of Public Law 98-573 (98 Stat. 3034) added
    subpara. (F). Sec. 626(b) of Public Law 98-573 further stated that this
    amendment shall apply with respect to investigations initiated by
    petition or by the administering authority under subtitles A and B of
    title VII of the Tariff Act of 1930 on or after the effective date of
    this Act (October 30, 1984).
    ---------------------------------------------------------------------------
                      (G) \416\ in any investigation under this
                    title involving an industry engaged in
                    producing a processed agricultural product, as
                    defined in paragraph (4)(E), a coalition or
                    trade association which is representative of
                    either--
                              (i) processors,
                              (ii) processors and producers, or
                              (iii) processors and growers,
                    but this subparagraph shall cease to have
                    effect if the United States Trade
                    Representative notifies the administering
                    authority and the Commission that the
                    application of this subparagraph is
                    inconsistent with the international obligations
                    of the United States.
              (10) \415\ Domestic like product.--The term
            ``domestic like product'' means a product which is
            like, or in the absence of like, most similar in
            characteristics and uses with, the article subject to
            an investigation under this title.
              (11) Affirmative determinations by divided
            commission.--If the Commission voting on a
            determination by the Commission, including a
            determination under section 751,\418\ are evenly
            divided as to whether the determination should be
            affirmative or negative, the Commission shall be deemed
            to have made an affirmative determination. For the
            purpose of applying this paragraph when the issue
            before the Commission is to determine whether there
            is--
    ---------------------------------------------------------------------------
        \418\ Sec. 221(b) of Public Law 103-465 (108 Stat. 4869) inserted
    ``, including a determination under section 751,''.
    ---------------------------------------------------------------------------
                      (A) material injury to an industry in the
                    United States,
                      (B) threat of material injury to such an
                    industry, or
                      (C) material retardation of the establishment
                    of an industry in the United States,
            by reason of imports of the merchandise, an affirmative
            vote on any of the issues shall be treated as a vote
            that the determination should be affirmative.
              (12) Attribution of merchandise to country of
            manufacture or production.--For purposes of subtitle A,
            merchandise shall be treated as the product of the
            country in which it was manufactured or produced
            without regard to whether it is imported directly from
            that country and without regard to whether it is
            imported in the same condition as when exported from
            that country or in a changed condition by reason of
            remanufacture or otherwise.
              (13) \419\ * * * [Repealed--1994]
    ---------------------------------------------------------------------------
        \419\ Sec. 222(i)(2) of Public Law 103-465 (108 Stat. 4876) struck
    para. (13), relating to the term ``exporter''.
    ---------------------------------------------------------------------------
              (14) Sold or, in the absence of sales, offered for
            sale.--The term ``sold or, in the absence of sales,
            offered for sale'' means sold or, in the absence of
            sales, offered--
                      (A) to all purchasers in commercial
                    quantities,\420\ or
    ---------------------------------------------------------------------------
        \420\ Sec. 612(a)(4) of Public Law 98-573 (98 Stat. 3034) struck
    out ``at wholesale'' and inserted in lieu thereof ``in commercial
    quantities''. Sec. 626(b) of Public Law 98-573 further stated that this
    amendment shall apply with respect to investigations initiated by
    petition or by the administering authority under subtitles A and B of
    title VII of the Tariff Act of 1930 on or after the effective date of
    this Act (October 30, 1984).
    ---------------------------------------------------------------------------
                      (B) in the ordinary course of trade to one or
                    more selected purchasers at wholesale at a
                    price which fairly reflects the market value of
                    the merchandise.
            without regard to restrictions as to the disposition or
            use of the merchandise by the purchaser except that,
            where such restrictions are found to affect the market
            value of the merchandise, adjustment shall be made
            therefore in calculating the price at which the
            merchandise is sold or offered for sale.
              (15) Ordinary course of trade.--The term ``ordinary
            course of trade'' means the conditions and practices
            which, for a reasonable time prior to the exportation
            of the subject merchandise,\421\ have been normal in
            the trade under consideration with respect to
            merchandise of the same class or kind. The
            administering authority shall consider the following
            sales and transactions, among others, to be outside the
            ordinary course of trade:
    ---------------------------------------------------------------------------
        \421\ Sec. 222(h)(1) of Public Law 103-465 (108 Stat. 4874) struck
    out ``merchandise which is the subject of an investigation'' and
    inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
                      (A) Sales disregarded under section
                    773(b)(1).
                      (B) Transactions disregarded under section
                    773(f)(2).\422\
    ---------------------------------------------------------------------------
        \422\ Sec. 222(h)(2) of Public Law 103-465 (108 Stat. 4874) added
    the last sentence through subpara. (B).
    ---------------------------------------------------------------------------
              (16) \423\ Foreign like product.--The term ``foreign
            like product'' means merchandise in the first of the
            following categories in respect of which a
            determination for the purposes of subtitle B of this
            title can be satisfactorily made:
    ---------------------------------------------------------------------------
        \423\ Sec. 233(a)(4) of Public Law 103-465 (108 Stat. 4899) struck
    out ``such or similar merchandise'' and inserted in lieu thereof
    ``foreign like product''.
    ---------------------------------------------------------------------------
                      (A) The subject merchandise \424\ and other
                    merchandise which is identical in physical
                    characteristics with, and was produced in the
                    same country by the same person as, that
                    merchandise.
    ---------------------------------------------------------------------------
        \424\ Sec. 233(a)(5)(DD) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise which is the subject of an investigation'' and
    inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
                      (B) Merchandise--
                              (i) produced in the same country and
                            by the same person as the subject
                            merchandise,\425\
    ---------------------------------------------------------------------------
        \425\ Sec. 233(a)(5)(EE) of Public Law 103-465 (108 Stat. 4900)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''. Sec. 20(b)(7) of
    Public Law 104-295 (110 Stat. 3527) made the same amendment.
    ---------------------------------------------------------------------------
                              (ii) like that merchandise in
                            component material or materials and in
                            the purposes for which used, and
                              (iii) approximately equal in
                            commercial value to that merchandise.
                      (C) Merchandise--
                              (i) produced in the same country and
                            by the same person and of the same
                            general class or kind as the
                            merchandise which is the subject of the
                            investigation,
                              (ii) like that merchandise in the
                            purposes for which used, and
                              (iii) which the administering
                            authority determines may reasonably be
                            compared with that merchandise.
              (17) Usual commercial \426\ quantities.--The term
            ``usual commercial quantities'', in any case in which
            the subject merchandise \427\ is sold in the market
            under consideration at different prices for different
            quantities, means the quantities in which such
            merchandise is there sold at the price or prices for
            one quantity in an aggregate volume which is greater
            than the aggregate volume sold at the price or prices
            for any other quantity.
    ---------------------------------------------------------------------------
        \426\ Sec. 612(a)(5) of Public Law 98-573 (98 Stat. 3034) struck
    out ``wholesale'' and inserted in lieu thereof ``commercial''. Sec.
    626(b) of Public Law 98-573 further stated that this amendment shall
    apply with respect to investigations initiated by petition or by the
    administering authority under subtitles A and B of title VII of the
    Tariff Act of 1930 on or after the effective date of this Act (October
    30, 1984).
        \427\ Sec. 233(a)(5)(FF) of Public Law 103-465 (108 Stat. 4901)
    struck out ``merchandise which is the subject of the investigation''
    and inserted in lieu thereof ``subject merchandise''.
    ---------------------------------------------------------------------------
              (18) \428\ Nonmarket economy country.--
    ---------------------------------------------------------------------------
        \428\ Sec. 1316(b) of Public Law 100-418 (102 Stat. 1187) added
    para. (18).
    ---------------------------------------------------------------------------
                      (A) In general.--The term ``nonmarket economy
                    country'' means any foreign country that the
                    administering authority determines does not
                    operate on market principles of cost or pricing
                    structures, so that sales of merchandise in
                    such country do not reflect the fair value of
                    the merchandise.
                      (B) Factors to be considered.--In making
                    determinations under subparagraph (A) the
                    administering authority shall take into
                    account--
                              (i) the extent to which the currency
                            of the foreign country is convertible
                            into the currency of other countries;
                              (ii) the extent to which wage rates
                            in the foreign country are determined
                            by free bargaining between labor and
                            management,
                              (iii) the extent to which joint
                            ventures or other investments by firms
                            of other foreign countries are
                            permitted in the foreign country,
                              (iv) the extent of government
                            ownership or control of the means of
                            production,
                              (v) the extent of government control
                            over the allocation of resources and
                            over the price and output decisions of
                            enterprises, and
                              (vi) such other factors as the
                            administering authority considers
                            appropriate.
                      (C) Determination in effect.--
                              (i) Any determination that a foreign
                            country is a nonmarket economy country
                            shall remain in effect until revoked by
                            the administering authority.
                              (ii) The administering authority may
                            make a determination under subparagraph
                            (A) with respect to any foreign country
                            at any time.
                      (D) Determinations not in issue.--
                    Notwithstanding any other provision of law, any
                    determination made by the administering
                    authority under subparagraph (A) shall not be
                    subject to judicial review in any investigation
                    conducted under subtitle B.
                      (E) Collection of information.--Upon request
                    by the administering authority, the
                    Commissioner of Customs shall provide the
                    administering authority a copy of all public
                    and proprietary information submitted to, or
                    obtained by, the Commissioner of Customs that
                    the administering authority considers relevant
                    to proceedings involving merchandise from
                    nonmarket economy countries. The administering
                    authority shall protect proprietary information
                    obtained under this section from public
                    disclosure in accordance with section 777.
              (19) \429\ Equivalency of leases to sales.--In
            determining whether a lease is equivalent to a sale for
            purposes of this title, the administering authority
            shall consider--
    ---------------------------------------------------------------------------
        \429\ Sec. 1327 of Public Law 100-418 (102 Stat. 1205) added para.
    (19).
    ---------------------------------------------------------------------------
                      (A) the terms of the lease,
                      (B) commercial practice within the industry,
                      (C) the circumstances of the transaction,
                      (D) whether the product subject to the lease
                    is integrated into the operations of the lessee
                    or importer,
                      (E) whether in practice there is a likelihood
                    that the lease will be continued or renewed for
                    a significant period of time, and
                      (F) other relevant factors, including whether
                    the lease transaction would permit avoidance of
                    antidumping or countervailing duties.
              (20) \430\ Application to governmental
            importations.--
    ---------------------------------------------------------------------------
        \430\ Sec. 1335 of Public Law 100-418 (102 Stat. 1210) added para.
    (20) as para. (19). Subsequently, sec. 9001(a)(5) of the Technical and
    Miscellaneous Revenue Act of 1988 (Public Law 100-647; 102 Stat. 3342)
    redesignated para. (19) as para. (20). Sec. 1337(e) of Public Law 100-
    418 further stated that the amendments made by sec. 1335 shall apply
    with respect to entries, and withdrawals from warehouse for
    consumption, that are liquidated on or after the date of enactment of
    this Act.
    ---------------------------------------------------------------------------
                      (A) In general.--Except as otherwise provided
                    by this paragraph, merchandise imported by, or
                    for the use of, a department or agency of the
                    United States Government (including merchandise
                    provided for under chapter 98 of the Harmonized
                    Tariff Schedule of the United States) \431\ is
                    subject to the imposition of countervailing
                    duties or antidumping duties under this title
                    or section 303.
    ---------------------------------------------------------------------------
        \431\ Sec. 139(a)(3) of the Customs and Trade Act (Public Law 101-
    382; 104 Stat. 653) struck out ``schedule 8 of the Tariff Schedules of
    the United States'' and inserted in lieu thereof ``chapter 98 of the
    Harmonized Tariff Schedule of the United States''.
    ---------------------------------------------------------------------------
                      (B) Exceptions.--Merchandise imported by, or
                    for the use of, the Department of Defense shall
                    not be subject to the imposition of
                    countervailing or antidumping duties under this
                    title if--
                              (i) the merchandise is acquired by,
                            or for use of, such Department--
                                      (I) from a country with which
                                    such Department had a
                                    Memorandum of Understanding
                                    which was in effect on January
                                    1, 1988, and has continued to
                                    have a comparable agreement
                                    (including renewals) or
                                    superceding agreements, and
                                      (II) in accordance with terms
                                    of the Memorandum of
                                    Understanding in effect at the
                                    time of importation, or
                              (ii) the merchandise has no
                            substantial nonmilitary use.
              (21) \432\ United states-canada agreement.--The term
            ``United States-Canada Agreement'' means the United
            States-Canada Free-Trade Agreement.
    ---------------------------------------------------------------------------
        \432\ Sec. 403(d) of Public Law 100-449 (102 Stat. 1887) added
    para. (21) as a second para. (18). Subsequently, sec. 412(b)(1) of the
    NAFTA Implementation Act (Public Law 103-182; 107 Stat. 2146)
    redesignated the second para. (18) as para. (21).
    ---------------------------------------------------------------------------
              (22) \433\ NAFTA.--The term ``NAFTA'' means the North
            American Free Trade Agreement.
    ---------------------------------------------------------------------------
        \433\ Sec. 412(b)(2) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) added para. (22).
    ---------------------------------------------------------------------------
              (23) \434\ Entry.--The term ``entry'' includes, in
            appropriate circumstances as determined by the
            administering authority, a reconciliation entry created
            under a reconciliation process, defined in section
            401(s), that is initiated by an importer. The liability
            of an importer under an antidumping or countervailing
            duty proceeding for entries of merchandise subject to
            the proceeding will attach to the corresponding
            reconciliation entry or entries. Suspension of
            liquidation of the reconciliation entry or entries, for
            the purpose of enforcing this title, is equivalent to
            the suspension of liquidation of the corresponding
            individual entries; but the suspension of liquidation
            of the reconciliation entry or entries for such purpose
            does not preclude liquidation for any other purpose.
    ---------------------------------------------------------------------------
        \434\ Sec. 637(b) of the NAFTA Implementation Act (Public Law 103-
    182; 107 Stat. 2203) added para. (23).
    ---------------------------------------------------------------------------
              (24) \435\ Negligible imports.--
    ---------------------------------------------------------------------------
        \435\ Sec. 221(d)(2) of Public Law 103-465 (108 Stat. 4871) added
    para. (24).
    ---------------------------------------------------------------------------
                      (A) In general.--
                              (i) Less than 3 percent.--Except as
                            provided in clauses (ii) and (iv),
                            imports from a country of merchandise
                            corresponding to a domestic like
                            product identified by the Commission
                            are ``negligible'' if such imports
                            account for less than 3 percent of the
                            volume of all such merchandise imported
                            into the United States in the most
                            recent 12-month period for which data
                            are available that precedes--
                                      (I) the filing of the
                                    petition under section 702(b)
                                    or 732(b), or
                                      (II) the initiation of the
                                    investigation, if the
                                    investigation was initiated
                                    under section 702(a) or 732(a).
                              (ii) Exception.--Imports that would
                            otherwise be negligible under clause
                            (i) shall not be negligible if the
                            aggregate volume of imports of the
                            merchandise from all countries
                            described in clause (i) with respect to
                            which investigations were initiated on
                            the same day exceeds 7 percent of the
                            volume of all such merchandise imported
                            into the United States during the
                            applicable 12-month period.
                              (iii) Determination of aggregate
                            volume.--In determining aggregate
                            volume under clause (ii) or (iv), the
                            Commission shall not consider imports
                            from any country specified in paragraph
                            (7)(G)(ii).
                              (iv) Negligibility in threat
                            analysis.--Notwithstanding clauses (i)
                            and (ii), the Commission shall not
                            treat imports as negligible if it
                            determines that there is a potential
                            that imports from a country described
                            in clause (i) will imminently account
                            for more than 3 percent of the volume
                            of all such merchandise imported into
                            the United States, or that the
                            aggregate volumes of imports from all
                            countries described in clause (ii) will
                            imminently exceed 7 percent of the
                            volume of all such merchandise imported
                            into the United States. The Commission
                            shall consider such imports only for
                            purposes of determining threat of
                            material injury.
                      (B) Negligibility for certain countries in
                    countervailing investigations.--In the case of
                    an investigation under section 701,
                    subparagraph (A) shall be applied to imports of
                    subject merchandise from developing countries
                    by substituting ``4 percent'' for ``3 percent''
                    in subparagraph (A)(i) and by substituting ``9
                    percent'' for ``7 percent'' in subparagraph
                    (A)(ii).
                      (C) Computation of import volumes.--In
                    computing import volumes for purposes of
                    subparagraphs (A) and (B), the Commission may
                    make reasonable estimates on the basis of
                    available statistics.
                      (D) Regional industries.--In an investigation
                    in which the Commission makes a regional
                    industry determination under paragraph (4)(C),
                    the Commission's examination under
                    subparagraphs (A) and (B) shall be based upon
                    the volume of subject merchandise exported for
                    sale in the regional market in lieu of the
                    volume of all subject merchandise imported into
                    the United States.
              (25) \436\ Subject merchandise.--The term ``subject
            merchandise'' means the class or kind of merchandise
            that is within the scope of an investigation, a review,
            a suspension agreement, an order under this title or
            section 303, or a finding under the Antidumping Act,
            1921.
    ---------------------------------------------------------------------------
        \436\ Sec. 222(i)(1) of Public Law 103-465 (108 Stat. 4875) added
    paras. (25) through (34).
    ---------------------------------------------------------------------------
              (26) \436\ Section 303.--The terms ``section 303''
            and ``303'' mean section 303 of this Act as in effect
            on the day before the effective date of title II of the
            Uruguay Round Agreements Act.
              (27) \436\ Suspension agreement.--The term
            ``suspension agreement'' means an agreement described
            in section 704(b), 704(c), 734(b), 734(c), or 734(l).
              (28) \436\ Exporter or producer.--The term ``exporter
            or producer'' means the exporter of the subject
            merchandise, the producer of the subject merchandise,
            or both where appropriate. For purposes of section 773,
            the term `exporter or producer' includes both the
            exporter of the subject merchandise and the producer of
            the same subject merchandise to the extent necessary to
            accurately calculate the total amount incurred and
            realized for costs, expenses, and profits in connection
            with production and sale of that merchandise.
              (29) \436\ WTO agreement.--The term ``WTO Agreement''
            means the Agreement defined in section 2(9) of the
            Uruguay Round Agreements Act.
              (30) \436\ WTO member and wto member country.--The
            terms ``WTO member'' and ``WTO member country'' mean a
            state, or separate customs territory (within the
            meaning of Article XII of the WTO Agreement), with
            respect to which the United States applies the WTO
            Agreement.\437\
    ---------------------------------------------------------------------------
        \437\ Sec. 20(b)(14) of Public Law 104-295 (110 Stat. 3527) struck
    out ``agreement'' and inserted in lieu thereof ``Agreement''.
    ---------------------------------------------------------------------------
              (31) \436\ GATT 1994.--The term ``GATT 1994'' means
            the General Agreement on Tariffs and Trade annexed to
            the WTO Agreement.
              (32) \436\ Trade representative.--The term ``Trade
            Representative'' means the United States Trade
            Representative.
              (33) \436\ Affiliated persons.--The following persons
            shall be considered to be ``affiliated'' or
            ``affiliated persons'':
                      (A) Members of a family, including brothers
                    and sisters (whether by the whole or half
                    blood), spouse, ancestors, and lineal
                    descendants.
                      (B) Any officer or director of an
                    organization and such organization.
                      (C) Partners.
                      (D) Employer and employee.
                      (E) Any person directly or indirectly owning,
                    controlling, or holding with power to vote, 5
                    percent or more of the outstanding voting stock
                    or shares of any organization and such
                    organization.
                      (F) Two or more persons directly or
                    indirectly controlling, controlled by, or under
                    common control with, any person.
                      (G) Any person who controls any other person
                    and such other person.
            For purposes of this paragraph, a person shall be
            considered to control another person if the person is
            legally or operationally in a position to exercise
            restraint or direction over the other person.
              (34) \436\ Dumped; dumping.--The terms ``dumped'' and
            ``dumping'' refer to the sale or likely sale of goods
            at less than fair value.
              (35) \438\ Dumping margin; weighted average dumping
            margin.--
    ---------------------------------------------------------------------------
        \438\ Sec. 229(b) of Public Law 103-465 (108 Stat. 4890) added
    para. (35).
    ---------------------------------------------------------------------------
                      (A) Dumping margin.--The term ``dumping
                    margin'' means the amount by which the normal
                    value exceeds the export price or constructed
                    export price of the subject merchandise.
                      (B) Weighted average dumping margin.--The
                    term ``weighted average dumping margin'' is the
                    percentage determined by dividing the aggregate
                    dumping margins determined for a specific
                    exporter or producer by the aggregate export
                    prices and constructed export prices of such
                    exporter or producer.
                      (C) Magnitude of the margin of dumping.--The
                    magnitude of the margin of dumping used by the
                    Commission shall be--
                              (i) in making a preliminary
                            determination under section 733(a) in
                            an investigation (including any
                            investigation in which the Commission
                            cumulatively assesses the volume and
                            effect of imports under paragraph
                            (7)(G)(i)), the dumping margin or
                            margins published by the administering
                            authority in its notice of initiation
                            of the investigation;
                              (ii) in making a final determination
                            under section 735(b), the dumping
                            margin or margins most recently
                            published by the administering
                            authority prior to the closing of the
                            Commission's administrative record;
                              (iii) in a review under section
                            751(b)(2), the most recent dumping
                            margin or margins determined by the
                            administering authority under section
                            752(c)(3), if any, or under section
                            733(b) or 735(a); and
                              (iv) in a review under section
                            751(c), the dumping margin or margins
                            determined by the administering
                            authority under section 752(c)(3).
              (36) \439\ Developing and least developed country.--
    ---------------------------------------------------------------------------
        \439\ Sec. 267 of Public Law 103-465 (108 Stat. 4915) added para.
    (36).
    ---------------------------------------------------------------------------
                      (A) Developing country.--The term
                    ``developing country'' means a country
                    designated as a developing country by the Trade
                    Representative.
                      (B) Least developed country.--The term
                    ``least developed country'' means a country
                    which the Trade Representative determines is--
                              (i) a country referred to as a least
                            developed country within the meaning of
                            paragraph (a) of Annex VII to the
                            Subsidies Agreement, or
                              (ii) any other country listed in
                            Annex VII to the Subsidies Agreement,
                            but only if the country has a per
                            capita gross national product of less
                            than $1,000 per annum as measured by
                            the most recent data available from the
                            World Bank.
                      (C) Publication of list.--The Trade
                    Representative shall publish in the Federal
                    Register, and update as necessary, a list of--
                              (i) developing countries that have
                            eliminated their export subsidies on an
                            expedited basis within the meaning of
                            Article 27.11 of the Subsidies
                            Agreement, and
                              (ii) countries determined by the
                            Trade Representative to be least
                            developed or developing countries.
                      (D) Factors to consider.--In determining
                    whether a country is a developing country under
                    subparagraph (A), the Trade Representative
                    shall consider such economic, trade, and other
                    factors which the Trade Representative
                    considers appropriate, including the level of
                    economic development of such country (the
                    assessment of which shall include a review of
                    the country's per capita gross national
                    product) and the country's share of world
                    trade.
                      (E) Limitation on designation.--A
                    determination that a country is a developing or
                    least developed country pursuant to this
                    paragraph shall be for purposes of this title
                    only and shall not affect the determination of
                    a country's status as a developing or least
                    developed country with respect to any other
                    law.

    SEC. 771A.\440\ UPSTREAM SUBSIDIES.

        (a) \441\ Definition.--The term ``upstream subsidy'' means
    any countervailable subsidy, other than an export subsidy,
    that--
    ---------------------------------------------------------------------------
        \440\ 19 U.S.C. 1677-1. Sec. 613(a) of Public Law 98-573 (98 Stat.
    3035) added sec. 771A.
        \441\ Sec. 268(1) of Public Law 103-465 (108 Stat. 4916) amended
    and restated subsec. (a) through para. (1).
    ---------------------------------------------------------------------------
              (1) is paid or bestowed by an authority (as defined
            in section 771(5)) with respect to a product (hereafter
            in this section referred to as an ``input product'')
            that is used in the same country as the authority in
            the manufacture or production of merchandise which is
            the subject of a countervailing duty proceeding;
              (2) in the judgment of the administering authority
            bestows a competitive benefit on the merchandise; and
              (3) has a significant effect on the cost of
            manufacturing or producing the merchandise.
    In applying this subsection, an association of two or more
    foreign countries, political subdivisions, dependent
    territories, or possessions of foreign countries organized into
    a customs union outside the United States shall be treated as
    being one country if the countervailable \442\ subsidy is
    provided by the customs union.
    ---------------------------------------------------------------------------
        \442\ Sec. 268(2) of Public Law 103-465 (108 Stat. 4916) inserted
    ``countervailable''.
    ---------------------------------------------------------------------------
        (b) Determination of Competitive Benefit.--
              (1) In general.--Except as provided in paragraph (2),
            the administering authority shall decide that a
            competitive benefit has been bestowed when the price
            for the input product referred to in subsection (a)(1)
            for such use is lower than the price that the
            manufacturer or producer of merchandise which is the
            subject of a countervailing duty proceeding would
            otherwise pay for the product in obtaining it from
            another seller in an arms-length transaction.
              (2) Adjustments.--If the administering authority has
            determined in a previous proceeding that a
            countervailable subsidy \443\ is paid or bestowed on
            the input product that is used for comparison under
            paragraph (1), the administering authority may (A)
            where appropriate, adjust the price that the
            manufacturer or producer of merchandise which is the
            subject of such proceeding would otherwise pay for the
            product to reflect the effects of the countervailable
            subsidy,\443\ or (B) select in lieu of that price a
            price from another source.
    ---------------------------------------------------------------------------
        \443\ Sec. 270(a)(1)(K) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
    ---------------------------------------------------------------------------
        (c) Inclusion of Amount of Countervailable Subsidy.\444\--
    If the administering authority decides, during the course of a
    countervailing duty proceeding that an upstream countervailable
    subsidy is being or has been paid or bestowed regarding the
    subject merchandise,\445\ the administering authority shall
    include in the amount of any countervailing duty imposed on the
    merchandise an amount equal to the amount of the competitive
    benefit referred to in subparagraph (1)(B), except that in no
    event shall the amount be greater than the amount of
    countervailable subsidy determined with respect to the upstream
    product.
    ---------------------------------------------------------------------------
        \444\ Sec. 270(a)(1)(L) and sec. 270(2)(B) of Public Law 103-465
    (108 Stat. 4917) struck out ``subsidy'' and inserted in lieu thereof
    ``countervailable subsidy'' in subsec. (c) and the subsection heading.
    Sec. 270(c)(3) of that Act struck out ``subsidization'' and inserted in
    lieu thereof ``countervailable subsidy''.
        \445\ Sec. 233(a)(5)(GG) of Public Law 103-465 (108 Stat. 4901)
    struck out ``merchandise under investigation'' and inserted in lieu
    thereof ``subject merchandise''.
    ---------------------------------------------------------------------------

    SEC. 771B.\446\ CALCULATION OF COUNTERVAILABLE SUBSIDIES ON CERTAIN
                        PROCESSED AGRICULTURAL PRODUCTS.

        In the case of an agricultural product processed from a raw
    agricultural product in which--
    ---------------------------------------------------------------------------
        \446\ 19 U.S.C. 1677-2. Sec. 1313 of Public Law 100-418 (102 Stat.
    1185) added sec. 771B. Subsequently, sec. 9001(a)(3) of the Technical
    and Miscellaneous Revenue Act of 1988 (Public Law 100-647; 102 Stat.
    3342) changed the format of the section. Sec. 270(b)(1)(D) and
    270(b)(2) of Public Law 103-465 (108 Stat. 4917) inserted
    ``countervailable'' before ``subsidies'' in the section catchline.
    ---------------------------------------------------------------------------
              (1) the demand for the prior stage product is
            substantially dependent on the demand for the latter
            stage product, and
              (2) the processing operation adds only limited value
            to the raw commodity,
    subsidies found to be provided to either producers or
    processors of the product shall be deemed to be provided with
    respect to the manufacture, production, or exportation of the
    processed product.

    SEC. 772.\447\ EXPORT PRICE AND CONSTRUCTED EXPORT PRICE.

        (a) Export Price.--The term ``export price'' means the
    price at which the subject merchandise is first sold (or agreed
    to be sold) before the date of importation by the producer or
    exporter of the subject merchandise outside of the United
    States to an unaffiliated purchaser in the United States or to
    an unaffiliated purchaser for exportation to the United States,
    as adjusted under subsection (c).
    ---------------------------------------------------------------------------
        \447\ 19 U.S.C. 1677a. Sec. 223 of Public Law 103-465 (108 Stat.
    4876) amended and restated sec. 772.
    ---------------------------------------------------------------------------
        (b) Constructed Export Price.--The term ``constructed
    export price'' means the price at which the subject merchandise
    is first sold (or agreed to be sold) in the United States
    before or after the date of importation by or for the account
    of the producer or exporter of such merchandise or by a seller
    affiliated with the producer or exporter, to a purchaser not
    affiliated with the producer or exporter, as adjusted under
    subsections (c) and (d).
        (c) Adjustments for Export Price and Constructed Export
    Price.--The price used to establish export price and
    constructed export price shall be--
              (1) increased by--
                      (A) when not included in such price, the cost
                    of all containers and coverings and all other
                    costs, charges, and expenses incident to
                    placing the subject merchandise in condition
                    packed ready for shipment to the United States,
                      (B) the amount of any import duties imposed
                    by the country of exportation which have been
                    rebated, or which have not been collected, by
                    reason of the exportation of the subject
                    merchandise to the United States, and
                      (C) the amount of any countervailing duty
                    imposed on the subject merchandise under
                    subtitle A to offset an export subsidy, and
              (2) reduced by--
                      (A) except as provided in paragraph (1)(C),
                    the amount, if any, included in such price,
                    attributable to any additional costs, charges,
                    or expenses, and United States import duties,
                    which are incident to bringing the subject
                    merchandise from the original place of shipment
                    in the exporting country to the place of
                    delivery in the United States, and
                      (B) the amount, if included in such price, of
                    any export tax, duty, or other charge imposed
                    by the exporting country on the exportation of
                    the subject merchandise to the United States,
                    other than an export tax, duty, or other charge
                    described in section 771(6)(C).
        (d) Additional Adjustments to Constructed Export Price.--
    For purposes of this section, the price used to establish
    constructed export price shall also be reduced by--
              (1) the amount of any of the following expenses
            generally incurred by or for the account of the
            producer or exporter, or the affiliated seller in the
            United States, in selling the subject merchandise (or
            subject merchandise to which value has been added)--
                      (A) commissions for selling the subject
                    merchandise in the United States;
                      (B) expenses that result from, and bear a
                    direct relationship to, the sale, such as
                    credit expenses, guarantees and warranties;
                      (C) any selling expenses that the seller pays
                    on behalf of the purchaser; and
                      (D) any selling expenses not deducted under
                    subparagraph (A), (B), or (C);
              (2) the cost of any further manufacture or assembly
            (including additional material and labor), except in
            circumstances described in subsection (e); and
              (3) the profit allocated to the expenses described in
            paragraphs (1) and (2).
        (e) Special Rule for Merchandise With Value Added After
    Importation.--Where the subject merchandise is imported by a
    person affiliated with the exporter or producer, and the value
    added in the United States by the affiliated person is likely
    to exceed substantially the value of the subject merchandise,
    the administering authority shall determine the constructed
    export price for such merchandise by using one of the following
    prices if there is a sufficient quantity of sales to provide a
    reasonable basis for comparison and the administering authority
    determines that the use of such sales is appropriate:
              (1) The price of identical subject merchandise sold
            by the exporter or producer to an unaffiliated person.
              (2) The price of other subject merchandise sold by
            the exporter or producer to an unaffiliated person.
    If there is not a sufficient quantity of sales to provide a
    reasonable basis for comparison under paragraph (1) or (2), or
    the administering authority determines that neither of the
    prices described in such paragraphs is appropriate, then the
    constructed export price may be determined on any other
    reasonable basis.
        (f) Special Rule for Determining Profit.--
              (1) In general.--For purposes of subsection (d)(3),
            profit shall be an amount determined by multiplying the
            total actual profit by the applicable percentage.
              (2) Definitions.--For purposes of this subsection:
                      (A) Applicable percentage.--The term
                    ``applicable percentage'' means the percentage
                    determined by dividing the total United States
                    expenses by the total expenses.
                      (B) Total united states expenses.--The term
                    ``total United States expenses'' means the
                    total expenses described in subsection (d) (1)
                    and (2).
                      (C) Total expenses.--The term ``total
                    expenses'' means all expenses in the first of
                    the following categories which applies and
                    which are incurred by or on behalf of the
                    foreign producer and foreign exporter of the
                    subject merchandise and by or on behalf of the
                    United States seller affiliated with the
                    producer or exporter with respect to the
                    production and sale of such merchandise:
                              (i) The expenses incurred with
                            respect to the subject merchandise sold
                            in the United States and the foreign
                            like product sold in the exporting
                            country if such expenses were requested
                            by the administering authority for the
                            purpose of establishing normal value
                            and constructed export price.
                              (ii) The expenses incurred with
                            respect to the narrowest category of
                            merchandise sold in the United States
                            and the exporting country which
                            includes the subject merchandise.
                              (iii) The expenses incurred with
                            respect to the narrowest category of
                            merchandise sold in all countries which
                            includes the subject merchandise.
                      (D) Total actual profit.--The term ``total
                    actual profit'' means the total profit earned
                    by the foreign producer, exporter, and
                    affiliated parties described in subparagraph
                    (C) with respect to the sale of the same
                    merchandise for which total expenses are
                    determined under such subparagraph.

    SEC. 773.\448\ NORMAL VALUE.

        (a) Determination.--In determining under this title whether
    subject merchandise is being, or is likely to be, sold at less
    than fair value, a fair comparison shall be made between the
    export price or constructed export price and normal value. In
    order to achieve a fair comparison with the export price or
    constructed export price, normal value shall be determined as
    follows:
    ---------------------------------------------------------------------------
        \448\ 19 U.S.C. 1677b. Sec. 224 of Public Law 103-465 (108 Stat.
    4878) amended and restated sec. 773.
    ---------------------------------------------------------------------------
              (1) Determination of normal value.--
                      (A) In general.--The normal value of the
                    subject merchandise shall be the price
                    described in subparagraph (B), at a time
                    reasonably corresponding to the time of the
                    sale used to determine the export price or
                    constructed export price under section 772(a)
                    or (b).
                      (B) Price.--The price referred to in
                    subparagraph (A) is--
                              (i) the price at which the foreign
                            like product is first sold (or, in the
                            absence of a sale, offered for sale)
                            for consumption in the exporting
                            country, in the usual commercial
                            quantities and in the ordinary course
                            of trade and, to the extent
                            practicable, at the same level of trade
                            as the export price or constructed
                            export price, or
                              (ii) in a case to which subparagraph
                            (C) applies, the price at which the
                            foreign like product is so sold (or
                            offered for sale) for consumption in a
                            country other than the exporting
                            country or the United States, if--
                                      (I) such price is
                                    representative,
                                      (II) the aggregate quantity
                                    (or, if quantity is not
                                    appropriate, value) of the
                                    foreign like product sold by
                                    the exporter or producer in
                                    such other country is 5 percent
                                    or more of the aggregate
                                    quantity (or value) of the
                                    subject merchandise sold in the
                                    United States or for export to
                                    the United States, and
                                      (III) the administering
                                    authority does not determine
                                    that the particular market
                                    situation in such other country
                                    prevents a proper comparison
                                    with the export price or
                                    constructed export price.
                      (C) Third country sales.--This subparagraph
                    applies when--
                              (i) the foreign like product is not
                            sold (or offered for sale) for
                            consumption in the exporting country as
                            described in subparagraph (B)(i),
                              (ii) the administering authority
                            determines that the aggregate quantity
                            (or, if quantity is not appropriate,
                            value) of the foreign like product sold
                            in the exporting country is
                            insufficient to permit a proper
                            comparison with the sales of the
                            subject merchandise to the United
                            States, or
                              (iii) the particular market situation
                            in the exporting country does not
                            permit a proper comparison with the
                            export price or constructed export
                            price.
                    For purposes of clause (ii), the aggregate
                    quantity (or value) of the foreign like product
                    sold in the exporting country shall normally be
                    considered to be insufficient if such quantity
                    (or value) is less than 5 percent of the
                    aggregate quantity (or value) of sales of the
                    subject merchandise to the United States.
              (2) Fictitious markets.--No pretended sale or offer
            for sale, and no sale or offer for sale intended to
            establish a fictitious market, shall be taken into
            account in determining normal value. The occurrence of
            different movements in the prices at which different
            forms of the foreign like product are sold (or, in the
            absence of sales, offered for sale) in the exporting
            country after the issuance of an antidumping duty order
            may be considered by the administering authority as
            evidence of the establishment of a fictitious market
            for the foreign like product if the movement in such
            prices appears to reduce the amount by which the normal
            value exceeds the export price (or the constructed
            export price) of the subject merchandise.
              (3) Exportation from an intermediate country.--Where
            the subject merchandise is exported to the United
            States from an intermediate country, normal value shall
            be determined in the intermediate country, except that
            normal value may be determined in the country of origin
            of the subject merchandise if--
                      (A) the producer knew at the time of the sale
                    that the subject merchandise was destined for
                    exportation;
                      (B) the subject merchandise is merely
                    transshipped through the intermediate country;
                      (C) sales of the foreign like product in the
                    intermediate country do not satisfy the
                    conditions of paragraph (1)(C); or
                      (D) the foreign like product is not produced
                    in the intermediate country.
              (4) Use of constructed value.--If the administering
            authority determines that the normal value of the
            subject merchandise cannot be determined under
            paragraph (1)(B)(i), then, notwithstanding paragraph
            (1)(B)(ii), the normal value of the subject merchandise
            may be the constructed value of that merchandise, as
            determined under subsection (e).
              (5) Indirect sales or offers for sale.--If the
            foreign like product is sold or, in the absence of
            sales, offered for sale through an affiliated party,
            the prices at which the foreign like product is sold
            (or offered for sale) by such affiliated party may be
            used in determining normal value.
              (6) Adjustments.--The price described in paragraph
            (1)(B) shall be--
                      (A) increased by the cost of all containers
                    and coverings and all other costs, charges, and
                    expenses incident to placing the subject
                    merchandise in condition packed ready for
                    shipment to the United States;
                      (B) reduced by--
                              (i) when included in the price
                            described in paragraph (1)(B), the cost
                            of all containers and coverings and all
                            other costs, charges, and expenses
                            incident to placing the foreign like
                            product in condition packed ready for
                            shipment to the place of delivery to
                            the purchaser,
                              (ii) the amount, if any, included in
                            the price described in paragraph
                            (1)(B), attributable to any additional
                            costs, charges, and expenses incident
                            to bringing the foreign like product
                            from the original place of shipment to
                            the place of delivery to the purchaser,
                            and
                              (iii) the amount of any taxes imposed
                            directly upon the foreign like product
                            or components thereof which have been
                            rebated, or which have not been
                            collected, on the subject merchandise,
                            but only to the extent that such taxes
                            are added to or included in the price
                            of the foreign like product, and
                      (C) increased or decreased by the amount of
                    any difference (or lack thereof) between the
                    export price or constructed export price and
                    the price described in paragraph (1)(B) (other
                    than a difference for which allowance is
                    otherwise provided under this section) that is
                    established to the satisfaction of the
                    administering authority to be wholly or partly
                    due to--
                              (i) the fact that the quantities in
                            which the subject merchandise is sold
                            or agreed to be sold to the United
                            States are greater than or less than
                            the quantities in which the foreign
                            like product is sold, agreed to be
                            sold, or offered for sale,
                              (ii) the fact that merchandise
                            described in subparagraph (B) or (C) of
                            section 771(16) is used in determining
                            normal value, or
                              (iii) other differences in the
                            circumstances of sale.
              (7) Additional adjustments.--
                      (A) Level of trade.--The price described in
                    paragraph (1)(B) shall also be increased or
                    decreased to make due allowance for any
                    difference (or lack thereof) between the export
                    price or constructed export price and the price
                    described in paragraph (1)(B) (other than a
                    difference for which allowance is otherwise
                    made under this section) that is shown to be
                    wholly or partly due to a difference in level
                    of trade between the export price or
                    constructed export price and normal value, if
                    the difference in level of trade--
                              (i) involves the performance of
                            different selling activities; and
                              (ii) is demonstrated to affect price
                            comparability, based on a pattern of
                            consistent price differences between
                            sales at different levels of trade in
                            the country in which normal value is
                            determined.
                    In a case described in the preceding sentence,
                    the amount of the adjustment shall be based on
                    the price differences between the two levels of
                    trade in the country in which normal value is
                    determined.
                      (B) Constructed export price offset.--When
                    normal value is established at a level of trade
                    which constitutes a more advanced stage of
                    distribution than the level of trade of the
                    constructed export price, but the data
                    available do not provide an appropriate basis
                    to determine under subparagraph (A)(ii) a level
                    of trade adjustment, normal value shall be
                    reduced by the amount of indirect selling
                    expenses incurred in the country in which
                    normal value is determined on sales of the
                    foreign like product but not more than the
                    amount of such expenses for which a deduction
                    is made under section 772(d)(1)(D).
              (8) Adjustments to constructed value.--Constructed
            value as determined under subsection (e), may be
            adjusted, as appropriate, pursuant to this subsection.
        (b) Sales at Less Than Cost of Production.--
              (1) Determination; sales disregarded.--Whenever the
            administering authority has reasonable grounds to
            believe or suspect that sales of the foreign like
            product under consideration for the determination of
            normal value have been made at prices which represent
            less than the cost of production of that product, the
            administering authority shall determine whether, in
            fact, such sales were made at less than the cost of
            production. If the administering authority determines
            that sales made at less than the cost of production--
                      (A) have been made within an extended period
                    of time in substantial quantities, and
                      (B) were not at prices which permit recovery
                    of all costs within a reasonable period of
                    time,
            such sales may be disregarded in the determination of
            normal value. Whenever such sales are disregarded,
            normal value shall be based on the remaining sales of
            the foreign like product in the ordinary course of
            trade. If no sales made in the ordinary course of trade
            remain, the normal value shall be based on the
            constructed value of the merchandise.
              (2) Definitions and special rules.--For purposes of
            this subsection--
                      (A) Reasonable grounds to believe or
                    suspect.--There are reasonable grounds to
                    believe or suspect that sales of the foreign
                    like product were made at prices that are less
                    than the cost of production of the product,
                    if--
                              (i) in an investigation initiated
                            under section 732 or a review conducted
                            under section 751, an interested party
                            described in subparagraph (C), (D),
                            (E), (F), or (G) of section 771(9)
                            provides information, based upon
                            observed prices or constructed prices
                            or costs, that sales of the foreign
                            like product under consideration for
                            the determination of normal value have
                            been made at prices which represent
                            less than the cost of production of the
                            product; or
                              (ii) in a review conducted under
                            section 751 involving a specific
                            exporter, the administering authority
                            disregarded some or all of the
                            exporter's sales pursuant to paragraph
                            (1) in the investigation or if a review
                            has been completed, in the most
                            recently completed review.
                      (B) Extended period of time.--The term
                    ``extended period of time'' means a period that
                    is normally 1 year, but not less than 6 months.
                      (C) Substantial quantities.--Sales made at
                    prices below the cost of production have been
                    made in substantial quantities if--
                              (i) the volume of such sales
                            represents 20 percent or more of the
                            volume of sales under consideration for
                            the determination of normal value, or
                              (ii) the weighted average per unit
                            price of the sales under consideration
                            for the determination of normal value
                            is less than the weighted average per
                            unit cost of production for such sales.
                      (D) Recovery of costs.--If prices which are
                    below the per unit cost of production at the
                    time of sale are above the weighted average per
                    unit cost of production for the period of
                    investigation or review, such prices shall be
                    considered to provide for recovery of costs
                    within a reasonable period of time.
              (3) Calculation of cost of production.--For purposes
            of this subtitle, the cost of production shall be an
            amount equal to the sum of--
                      (A) the cost of materials and of fabrication
                    or other processing of any kind employed in
                    producing the foreign like product, during a
                    period which would ordinarily permit the
                    production of that foreign like product in the
                    ordinary course of business;
                      (B) an amount for selling, general, and
                    administrative expenses based on actual data
                    pertaining to production and sales of the
                    foreign like product by the exporter in
                    question; and
                      (C) the cost of all containers and coverings
                    of whatever nature, and all other expenses
                    incidental to placing the foreign like product
                    in condition packed ready for shipment.
            For purposes of subparagraph (A), if the normal value
            is based on the price of the foreign like product sold
            for consumption in a country other than the exporting
            country, the cost of materials shall be determined
            without regard to any internal tax in the exporting
            country imposed on such materials or their disposition
            which are remitted or refunded upon exportation.
        (c) Nonmarket Economy Countries.--
              (1) In general.--If--
                      (A) the subject merchandise is exported from
                    a nonmarket economy country, and
                      (B) the administering authority finds that
                    available information does not permit the
                    normal value of the subject merchandise to be
                    determined under subsection (a),
            the administering authority shall determine the normal
            value of the subject merchandise on the basis of the
            value of the factors of production utilized in
            producing the merchandise and to which shall be added
            an amount for general expenses and profit plus the cost
            of containers, coverings, and other expenses. Except as
            provided in paragraph (2), the valuation of the factors
            of production shall be based on the best available
            information regarding the values of such factors in a
            market economy country or countries considered to be
            appropriate by the administering authority.
              (2) Exception.--If the administering authority finds
            that the available information is inadequate for
            purposes of determining the normal value of subject
            merchandise under paragraph (1), the administering
            authority shall determine the normal value on the basis
            of the price at which merchandise that is--
                      (A) comparable to the subject merchandise,
                    and
                      (B) produced in one or more market economy
                    countries that are at a level of economic
                    development comparable to that of the nonmarket
                    economy country,
            is sold in other countries, including the United
            States.
              (3) Factors of production.--For purposes of paragraph
            (1), the factors of production utilized in producing
            merchandise include, but are not limited to--
                      (A) hours of labor required,
                      (B) quantities of raw materials employed,
                      (C) amounts of energy and other utilities
                    consumed, and
                      (D) representative capital cost, including
                    depreciation.
              (4) Valuation of factors of production.--The
            administering authority, in valuing factors of
            production under paragraph (1), shall utilize, to the
            extent possible, the prices or costs of factors of
            production in one or more market economy countries that
            are--
                      (A) at a level of economic development
                    comparable to that of the nonmarket economy
                    country, and
                      (B) significant producers of comparable
                    merchandise.
        (d) Special Rule for Certain Multinational Corporations.--
    Whenever, in the course of an investigation under this title,
    the administering authority determines that--
              (1) subject merchandise exported to the United States
            is being produced in facilities which are owned or
            controlled, directly or indirectly, by a person, firm,
            or corporation which also owns or controls, directly or
            indirectly, other facilities for the production of the
            foreign like product which are located in another
            country or countries,
              (2) subsection (a)(1)(C) applies, and
              (3) the normal value of the foreign like product
            produced in one or more of the facilities outside the
            exporting country is higher than the normal value of
            the foreign like product produced in the facilities
            located in the exporting country,
    it shall determine the normal value of the subject merchandise
    by reference to the normal value at which the foreign like
    product is sold in substantial quantities from one or more
    facilities outside the exporting country. The administering
    authority, in making any determination under this paragraph,
    shall make adjustments for the difference between the cost of
    production (including taxes, labor, materials, and overhead) of
    the foreign like product produced in facilities outside the
    exporting country and costs of production of the foreign like
    product produced in facilities in the exporting country, if
    such differences are demonstrated to its satisfaction. For
    purposes of this subsection, in determining the normal value of
    the foreign like product produced in a country outside of the
    exporting country, the administering authority shall determine
    its price at the time of exportation from the exporting country
    and shall make any adjustments required by subsection (a) for
    the cost of all containers and coverings and all other costs,
    charges, and expenses incident to placing the merchandise in
    condition packed ready for shipment to the United States by
    reference to such costs in the exporting country.
        (e) Constructed Value.--For purposes of this title, the
    constructed value of imported merchandise shall be an amount
    equal to the sum of--
              (1) the cost of materials and fabrication or other
            processing of any kind employed in producing the
            merchandise, during a period which would ordinarily
            permit the production of the merchandise in the
            ordinary course of business;
              (2)(A) the actual amounts incurred and realized by
            the specific exporter or producer being examined in the
            investigation or review for selling, general, and
            administrative expenses, and for profits, in connection
            with the production and sale of a foreign like product,
            in the ordinary course of trade, for consumption in the
            foreign country, or
              (B) if actual data are not available with respect to
            the amounts described in subparagraph (A), then--
                      (i) the actual amounts incurred and realized
                    by the specific exporter or producer being
                    examined in the investigation or review for
                    selling, general, and administrative expenses,
                    and for profits, in connection with the
                    production and sale, for consumption in the
                    foreign country, of merchandise that is in the
                    same general category of products as the
                    subject merchandise,
                      (ii) the weighted average of the actual
                    amounts incurred and realized by exporters or
                    producers that are subject to the investigation
                    or review (other than the exporter or producer
                    described in clause (i)) for selling, general,
                    and administrative expenses, and for profits,
                    in connection with the production and sale of a
                    foreign like product, in the ordinary course of
                    trade, for consumption in the foreign country,
                    or
                      (iii) the amounts incurred and realized for
                    selling, general, and administrative expenses,
                    and for profits, based on any other reasonable
                    method, except that the amount allowed for
                    profit may not exceed the amount normally
                    realized by exporters or producers (other than
                    the exporter or producer described in clause
                    (i)) in connection with the sale, for
                    consumption in the foreign country, of
                    merchandise that is in the same general
                    category of products as the subject
                    merchandise; and
              (3) the cost of all containers and coverings of
            whatever nature, and all other expenses incidental to
            placing the subject merchandise in condition packed
            ready for shipment to the United States.
    For purposes of paragraph (1), the cost of materials shall be
    determined without regard to any internal tax in the exporting
    country imposed on such materials or their disposition which
    are remitted or refunded upon exportation of the subject
    merchandise produced from such materials.
        (f) Special Rules for Calculation of Cost of Production and
    for Calculation of Constructed Value.--For purposes of
    subsections (b) and (e)--
              (1) Costs.--
                      (A) In general.--Costs shall normally be
                    calculated based on the records of the exporter
                    or producer of the merchandise, if such records
                    are kept in accordance with the generally
                    accepted accounting principles of the exporting
                    country (or the producing country, where
                    appropriate) and reasonably reflect the costs
                    associated with the production and sale of the
                    merchandise. The administering authority shall
                    consider all available evidence on the proper
                    allocation of costs, including that which is
                    made available by the exporter or producer on a
                    timely basis, if such allocations have been
                    historically used by the exporter or producer,
                    in particular for establishing appropriate
                    amortization and depreciation periods, and
                    allowances for capital expenditures and other
                    development costs.
                      (B) Nonrecurring costs.--Costs shall be
                    adjusted appropriately for those nonrecurring
                    costs that benefit current or future
                    production, or both.
                      (C) Startup costs.--
                              (i) In general.--Costs shall be
                            adjusted appropriately for
                            circumstances in which costs incurred
                            during the time period covered by the
                            investigation or review are affected by
                            startup operations.
                              (ii) Startup operations.--Adjustments
                            shall be made for startup operations
                            only where--
                                      (I) a producer is using new
                                    production facilities or
                                    producing a new product that
                                    requires substantial additional
                                    investment, and
                                      (II) production levels are
                                    limited by technical factors
                                    associated with the initial
                                    phase of commercial production.
                            For purposes of subclause (II), the
                            initial phase of commercial production
                            ends at the end of the startup period.
                            In determining whether commercial
                            production levels have been achieved,
                            the administering authority shall
                            consider factors unrelated to startup
                            operations that might affect the volume
                            of production processed, such as
                            demand, seasonality, or business
                            cycles.
                              (iii) Adjustment for startup
                            operations.--The adjustment for startup
                            operations shall be made by
                            substituting the unit production costs
                            incurred with respect to the
                            merchandise at the end of the startup
                            period for the unit production costs
                            incurred during the startup period. If
                            the startup period extends beyond the
                            period of the investigation or review
                            under this title, the administering
                            authority shall use the most recent
                            cost of production data that it
                            reasonably can obtain, analyze, and
                            verify without delaying the timely
                            completion of the investigation or
                            review. For purposes of this
                            subparagraph, the startup period ends
                            at the point at which the level of
                            commercial production that is
                            characteristic of the merchandise,
                            producer, or industry concerned is
                            achieved.
              (2) Transactions disregarded.--A transaction directly
            or indirectly between affiliated persons may be
            disregarded if, in the case of any element of value
            required to be considered, the amount representing that
            element does not fairly reflect the amount usually
            reflected in sales of merchandise under consideration
            in the market under consideration. If a transaction is
            disregarded under the preceding sentence and no other
            transactions are available for consideration, the
            determination of the amount shall be based on the
            information available as to what the amount would have
            been if the transaction had occurred between persons
            who are not affiliated.
              (3) Major input rule.--If, in the case of a
            transaction between affiliated persons involving the
            production by one of such persons of a major input to
            the merchandise, the administering authority has
            reasonable grounds to believe or suspect that an amount
            represented as the value of such input is less than the
            cost of production of such input, then the
            administering authority may determine the value of the
            major input on the basis of the information available
            regarding such cost of production, if such cost is
            greater than the amount that would be determined for
            such input under paragraph (2).

    SEC. 773A.\449\ CURRENCY CONVERSION.

        (a) In General.--In an antidumping proceeding under this
    title, the administering authority shall convert foreign
    currencies into United States dollars using the exchange rate
    in effect on the date of sale of the subject merchandise,
    except that, if it is established that a currency transaction
    on forward markets is directly linked to an export sale under
    consideration, the exchange rate specified with respect to such
    currency in the forward sale agreement shall be used to convert
    the foreign currency. Fluctuations in exchange rates shall be
    ignored.
    ---------------------------------------------------------------------------
        \449\ 19 U.S.C. 1677b-1. Sec. 225(a) of Public Law 103-465 (108
    Stat. 4886) added sec. 773A.
    ---------------------------------------------------------------------------
        (b) Sustained Movement in Foreign Currency Value.--In an
    investigation under subtitle B, if there is a sustained
    movement in the value of the foreign currency relative to the
    United States dollar, the administering authority shall allow
    exporters at least 60 days to adjust their export prices to
    reflect such sustained movement.

    SEC. 774.\450\ HEARINGS.

        (a) \451\ Investigation Hearings.--
    ---------------------------------------------------------------------------
        \450\ 19 U.S.C. 1677c. Sec. 101 of Public Law 96-39 (93 Stat. 186)
    added sec. 774.
        \451\ Sec. 616 of Public Law 98-573 (98 Stat. 3037) amended and
    restated subsec. (a).
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (2),
            the administering authority and the Commission shall
            each hold a hearing in the course of an investigation
            upon the request of any party to the investigation
            before making a final determination under section 705
            or 735.
              (2) Exception.--If investigations are initiated under
            subtitle A and subtitle B regarding the same
            merchandise from the same country within 6 months of
            each other (but before a final determination is made in
            either investigation), the holding of a hearing by the
            Commission in the course of one of the investigations
            shall be treated as compliance with paragraph (1) for
            both investigations, unless the Commission considers
            that special circumstances require that a hearing be
            held in the course of each of the investigations.
            During any investigation regarding which the holding of
            a hearing is waived under this paragraph, the
            Commission shall allow any party to submit such
            additional written comment as it considers relevant.
        (b) Procedures.--Any hearing required or permitted under
    this title shall be conducted after notice published in the
    Federal Register, and a transcript of the hearing shall be
    prepared and made available to the public. The hearing shall
    not be subject to the provisions of subchapter II of chapter 5
    of title 5, United States Code, or to section 702 of such
    title.

    SEC. 775.\452\ COUNTERVAILABLE SUBSIDY PRACTICES DISCOVERED DURING A
                        PROCEEDING.

        If, in the course of a proceeding under this title, the
    administering authority discovers a practice which appears to
    be a countervailable subsidy, but was not included in the
    matters alleged in a countervailing duty petition, or if the
    administering authority receives notice from the Trade
    Representative that a subsidy or subsidy program is in
    violation of Article 8 of the Subsidies Agreement, then the
    administering authority--
    ---------------------------------------------------------------------------
        \452\ 19 U.S.C. 1677d. Sec. 283(b) of Public Law 103-465 (108 Stat.
    4930) amended and restated sec. 775.
    ---------------------------------------------------------------------------
              (1) shall include the practice, subsidy, or subsidy
            program in the proceeding if the practice, subsidy, or
            subsidy program appears to be a countervailable subsidy
            with respect to the merchandise which is the subject of
            the proceeding, or
              (2) shall transfer the information (other than
            confidential information) concerning the practice,
            subsidy, or subsidy program to the library maintained
            under section 777(a)(1), if the practice, subsidy, or
            subsidy program appears to be a countervailable subsidy
            with respect to any other merchandise.

    SEC. 776.\453\ DETERMINATIONS ON THE BASIS OF THE FACTS AVAILABLE.

        (a) In General.--If--
    ---------------------------------------------------------------------------
        \453\ 19 U.S.C. 1677e. Sec. 231(c) of Public Law 103-465 (108 Stat.
    4896) amended and restated sec. 776.
    ---------------------------------------------------------------------------
              (1) necessary information is not available on the
            record, or
              (2) an interested party or any other person--
                      (A) withholds information that has been
                    requested by the administering authority or the
                    Commission under this title,
                      (B) fails to provide such information by the
                    deadlines for submission of the information or
                    in the form and manner requested, subject to
                    subsections (c)(1) and (e) of section 782,
                      (C) significantly impedes a proceeding under
                    this title, or
                      (D) provides such information but the
                    information cannot be verified as provided in
                    section 782(i),
    the administering authority and the Commission shall, subject
    to section 782(d), use the facts otherwise available in
    reaching the applicable determination under this title.
        (b) Adverse Inferences.--If the administering authority or
    the Commission (as the case may be) finds that an interested
    party has failed to cooperate by not acting to the best of its
    ability to comply with a request for information from the
    administering authority or the Commission, the administering
    authority or the Commission (as the case may be), in reaching
    the applicable determination under this title, may use an
    inference that is adverse to the interests of that party in
    selecting from among the facts otherwise available. Such
    adverse inference may include reliance on information derived
    from--
              (1) the petition,
              (2) a final determination in the investigation under
            this title,
              (3) any previous review under section 751 or
            determination under section 753, or
              (4) any other information placed on the record.
        (c) Corroboration of Secondary Information.--When the
    administering authority or the Commission relies on secondary
    information rather than on information obtained in the course
    of an investigation or review, the administering authority or
    the Commission, as the case may be, shall, to the extent
    practicable, corroborate that information from independent
    sources that are reasonably at their disposal.

    SEC. 777.\454\ ACCESS TO INFORMATION.

        (a) Information Generally Made Available.--
    ---------------------------------------------------------------------------
        \454\ 19 U.S.C. 1677f. Sec. 101 of Public Law 96-39 (93 Stat. 187)
    added sec. 777.
    ---------------------------------------------------------------------------
              (1) Public information function.--There shall be
            established a library of information relating to
            foreign subsidy practices and countervailing measures.
            Copies of material in the library shall be made
            available to the public upon payment of the costs of
            preparing such copies.
              (2) Progress of investigation reports.--The
            administering authority and the Commission shall, from
            time to time upon request, inform the parties to an
            investigation of the progress of that investigation.
              (3) \455\ Ex parte meetings.--The administering
            authority and the Commission shall maintain a record of
            any ex parte meeting between--
    ---------------------------------------------------------------------------
        \455\ Sec. 619(1) of Public Law 98-573 (98 Stat. 3038) amended and
    restated para. (3). Previously, para. (3) read as follows:
    ---------------------------------------------------------------------------

      ``(3) Ex parte meetings.--The administering authority and the Commission
    shall maintain a record of ex parte meetings between--

      ``(A) interested parties or other persons providing factual information
    in connection with an investigation, and

      ``(B) the person charged with making the determination, and any person
    charged with making a final recommendation to that person, in connection
    with that investigation.

      The record of the ex parte meeting shall include the identity of the
    persons present at the meeting, the date, time, and place of the meeting,
    and a summary of the matters discussed or submitted. The record of the ex
    parte meeting shall be included in the record of the proceeding.''.

                      (A) interested parties or other persons
                    providing factual information in connection
                    with a proceeding, and
                      (B) the person charged with making the
                    determination, or any person charged with
                    making a final recommendation to that person,
                    in connection with that proceeding,
            if information relating to that proceeding was
            presented or discussed at such meeting. The record of
            such an ex parte meeting shall include the identity of
            the persons present at the meeting, the date, time, and
            place of the meeting, and a summary of the matters
            discussed or submitted. The record of the ex parte
            meeting shall be included in the record of the
            proceeding.
              (4) Summaries; non-proprietary \456\ submissions.--
            The administering authority and the Commission shall
            \457\ disclose--
    ---------------------------------------------------------------------------
        \456\ Sec. 1886(a)(13) of Public Law 99-514 (100 Stat. 2922) struck
    out ``confidential'', ``nonconfidential'', and ``confidentiality'' and
    inserted in lieu thereof ``proprietary'', ``non-proprietary'', and
    ``proprietary status'', respectively, each place they appeared in the
    text.
        \457\ Sec. 231(b) of Public Law 103-465 (108 Stat. 4896) struck out
    ``may disclose'' and inserted in lieu thereof ``shall disclose''.
    ---------------------------------------------------------------------------
                      (A) any proprietary \456\ information
                    received in the course of a proceeding if it is
                    disclosed in a form which cannot be associated
                    with, or otherwise be used to identify,
                    operations of a particular person, and
                      (B) any information submitted in connection
                    with a proceeding which is not designated as
                    proprietary \456\ by the person submitting it.
        (b) Proprietary \456\ Information.--
              (1) \458\ Proprietary status maintained.--
    ---------------------------------------------------------------------------
        \458\ Sec. 226(a)(1) of Public Law 103-465 (108 Stat. 4886) amended
    and restated para. (1).
    ---------------------------------------------------------------------------
                      (A) In general.--Except as provided in
                    subsection (a)(4)(A) and subsection (c),
                    information submitted to the administering
                    authority or the Commission which is designated
                    as proprietary by the person submitting the
                    information shall not be disclosed to any
                    person without the consent of the person
                    submitting the information, other than--
                              (i) to an officer or employee of the
                            administering authority or the
                            Commission who is directly concerned
                            with carrying out the investigation in
                            connection with which the information
                            is submitted or any review under this
                            title covering the same subject
                            merchandise, or
                              (ii) to an officer or employee of the
                            United States Customs Service who is
                            directly involved in conducting an
                            investigation regarding fraud under
                            this title.
                      (B) Additional requirements.--The
                    administering authority and the Commission
                    shall require that information for which
                    proprietary treatment is requested be
                    accompanied by--
                              (i) either--
                                      (I) a non-proprietary summary
                                    in sufficient detail to permit
                                    a reasonable understanding of
                                    the substance of the
                                    information submitted in
                                    confidence, or
                                      (II) a statement that the
                                    information is not susceptible
                                    to summary accompanied by a
                                    statement of the reasons in
                                    support of the contention, and
                              (ii) either--
                                      (I) a statement which permits
                                    the administering authority or
                                    the Commission to release under
                                    administrative protective
                                    order, in accordance with
                                    subsection (c), the information
                                    submitted in confidence, or
                                      (II) a statement to the
                                    administering authority or the
                                    Commission that the business
                                    proprietary information is of a
                                    type that should not be
                                    released under administrative
                                    protective order.
              (2) Unwarranted designation.--If the administering
            authority or the Commission determines, on the basis of
            the nature and extent of the information or its
            availability from public sources, that designation of
            any information as proprietary \456\ is unwarranted,
            then it shall notify the person who submitted it and
            ask for an explanation of the reasons for the
            designation. Unless that person persuades the
            administering authority or the Commission that the
            designation is warranted, or withdraws the designation,
            the administering authority or the Commission, as the
            case may be, shall return it to the party submitting
            it. In a case in which the administering authority or
            the Commission returns the information to the person
            submitting it, the person may thereafter submit other
            material concerning the subject matter of the returned
            information if the submission is made within the time
            otherwise provided for submitting such material.\459\
    ---------------------------------------------------------------------------
        \459\ Sec. 226(b) of Public Law 103-465 (108 Stat. 4887) added this
    sentence.
    ---------------------------------------------------------------------------
              (3) \460\ Section 751 reviews.--Notwithstanding the
            provisions of paragraph (1), information submitted to
            the administering authority or the Commission in
            connection with a review under section 751(b) or 751(c)
            which is designated as proprietary by the person
            submitting the information may, if the review results
            in the revocation of an order or finding (or
            termination of a suspended investigation) under section
            751(d), be used by the agency to which the information
            was originally submitted in any investigation initiated
            within 2 years after the date of the revocation or
            termination pursuant to a petition covering the same
            subject merchandise.
    ---------------------------------------------------------------------------
        \460\ Sec. 226(a)(2) of Public Law 103-465 (108 Stat. 4887) added
    para. (3).
    ---------------------------------------------------------------------------
        (c) Limited Disclosure of Certain Proprietary \456\
    Information Under Protective Order.--
              (1) Disclosure by administering authority or
            commission.--
                      (A) \461\ In general.--Upon receipt of an
                    application (before or after receipt of the
                    information requested) which describes in
                    general terms the information requested and
                    sets forth the reasons for the request, the
                    administering authority or the Commission shall
                    make all business proprietary information
                    presented to, or obtained by it, during a
                    proceeding (except privileged information,
                    classified information, and specific
                    information of a type for which there is a
                    clear and compelling need to withhold from
                    disclosure) available to interested parties who
                    are parties to the proceeding under a
                    protective order described in subparagraph (B),
                    regardless of when the information is submitted
                    during a proceeding. Customer names obtained
                    during any investigation which requires a
                    determination under section 705(b) or 735(b)
                    may not be disclosed by the administering
                    authority under protective order until either
                    an order is published under section 706(a) or
                    736(a) as a result of the investigation or the
                    investigation is suspended or terminated. The
                    Commission may delay disclosure of customer
                    names under protective order during any such
                    investigation until a reasonable time prior to
                    any hearing provided under section 774.\462\
    ---------------------------------------------------------------------------
        \461\ Sec. 1332(2)(A) of Public Law 100-418 (102 Stat. 1208)
    amended and restated subpara. (A).
        \462\ Sec. 135(b)(1) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 650) added text beginning at ``Customer names *
    * *''.
    ---------------------------------------------------------------------------
                      (B) Protective order.--The protective order
                    under which information is made available shall
                    contain such requirements as the administering
                    authority or the Commission may determine by
                    regulation to be appropriate. The administering
                    authority and the Commission shall provide by
                    regulation for such sanctions as the
                    administering authority and the Commission
                    determine to be appropriate, including
                    disbarment from practice before the agency.
                      (C) \463\ Time limitation on
                    determinations.--The administering authority or
                    the Commission, as the case may be, shall
                    determine whether to make information available
                    under this paragraph--
    ---------------------------------------------------------------------------
        \463\ Sec. 1332(2)(B) of Public Law 100-418 (102 Stat. 1208) added
    subparas. (C), (D) and (E).
    ---------------------------------------------------------------------------
                              (i) not later than 14 days (7 days if
                            the submission pertains to a proceeding
                            under section 703(a) or 733(a)) after
                            the date on which the information is
                            submitted, or
                              (ii) if--
                                      (I) the person that submitted
                                    the information raises
                                    objection to its release, or
                                      (II) the information is
                                    unusually voluminous or
                                    complex,
                            not later than 30 days (10 days if the
                            submission pertains to a proceeding
                            under section 703(a) or 733(a)) after
                            the date on which the information is
                            submitted.
                      (D) \463\ Availability after determination.--
                    If the determination under subparagraph (C) is
                    affirmative, then--
                              (i) the business proprietary
                            information submitted to the
                            administering authority or the
                            Commission on or before the date of the
                            determination shall be made available,
                            subject to the terms and conditions of
                            the protective order, on such date; and
                              (ii) the business proprietary
                            information submitted to the
                            administering authority or the
                            Commission after the date of the
                            determination shall be served as
                            required by subsection (d).
                      (E) \463\ Failure to disclose.--If a person
                    submitting information to the administering
                    authority refuses to disclose business
                    proprietary information which the administering
                    authority determines should be released under a
                    protective order described in subparagraph (B),
                    the administering authority shall return the
                    information, and any nonconfidential summary
                    thereof, to the person submitting the
                    information and summary and shall not consider
                    either.
              (2) Disclosure under court order.--If the
            administering authority denies a request for
            information under paragraph (1),\464\ then application
            may be made to the United States Customs Court for an
            order directing the administering authority or the
            Commission to make the information available. After
            notification of all parties to the investigation and
            after an opportunity for a hearing on the record, the
            court may issue an order, under such conditions as the
            court deems appropriate, which shall not have the
            effect of stopping or suspending the investigation,
            directing the administering authority or the Commission
            to make all or a portion of the requested information
            described in the preceding sentence available under a
            protective order and setting forth sanctions for
            violation of such order if the court finds that, under
            the standards applicable in proceedings of the court,
            such an order is warranted, and that--
    ---------------------------------------------------------------------------
        \464\ Sec. 1332(3) of Public Law 100-418 (102 Stat. 1208) struck
    out ``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,'' which previously appeared at this point.
    ---------------------------------------------------------------------------
                      (A) the administering authority or the
                    Commission has denied access to the information
                    under subsection (b)(1),
                      (B) the person on whose behalf the
                    information is requested is an interested party
                    who is a party to the investigation in
                    connection with which the information was
                    obtained or developed, and
                      (C) the party which submitted the information
                    to which the request relates has been notified,
                    in advance of the hearing, of the request made
                    under this section and of its right to appear
                    and be heard.
      (d) \465\ Service.--Any party submitting written information,
    including business proprietary information, to the
    administering authority or the Commission during a proceeding
    shall, at the same time, serve the information upon all
    interested parties who are parties to the proceeding, if the
    information is covered by a protective order. The administering
    authority or the Commission shall not accept any such
    information that is not accompanied by a certificate of service
    and a copy of the protective order version of the document
    containing the information. Business proprietary information
    shall only be served upon interested parties who are parties to
    the proceeding that are subject to protective order; however, a
    nonconfidential summary thereof shall be served upon all other
    interested parties who are parties to the proceeding.
    ---------------------------------------------------------------------------
        \465\ Sec. 1332(4) of Public Law 100-418 (102 Stat. 1209) added
    subsecs. (d) and (e), which related to timely submissions.
    Subsequently, sec. 231(d)(1) of Public Law 103-465 (108 Stat. 4897)
    repealed subsec. (e).
    ---------------------------------------------------------------------------
        (e) \465\ * * * [Repealed--1994]
      (f) \466\ Disclosure of Proprietary Information Under
    Protective Orders Issued Pursuant to the North American Free
    Trade Agreement or the United States-Canada Agreement.--
    ---------------------------------------------------------------------------
        \466\ Sec. 403(c) of the United States-Canada Free-Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1884) added
    subsec. (f) as a second subsec. (d). Sec. 134(a)(4) of the Customs and
    Trade Act of 1990 (Public Law 101-382; 104 Stat. 650) redesignated the
    second subsec. (d) as subsec. (f). Sec. 412(c)(1) of the NAFTA
    Implementation Act (Public Law 103-182; 107 Stat. 2146) inserted ``the
    North American Free Trade Agreement or'' before ``the United States-
    Canada Agreement'' in the subsection heading.
    ---------------------------------------------------------------------------
              (1) Issuance of protective orders.--
                      (A) In general.--If binational panel review
                    of a determination under this title is
                    requested pursuant to article 1904 of the NAFTA
                    or \467\ the United States-Canada Agreement, or
                    an extraordinary challenge committee is
                    convened under Annex 1904.13 of the NAFTA or
                    \467\ the United States-Canada Agreement, the
                    administering authority or the Commission, as
                    appropriate, may make available to authorized
                    persons, under a protective order described in
                    paragraph (2), a copy of all proprietary
                    material \468\ in the administrative record
                    made during the proceeding in question. If the
                    administering authority or the Commission
                    claims a privilege as to a document or portion
                    of a document in the administrative record of
                    the proceeding in question and a binational
                    panel or extraordinary challenge committee
                    \469\ finds that in camera inspection or
                    limited disclosure of that document or portion
                    thereof is required by United States law, the
                    administering authority or the Commission, as
                    appropriate, may restrict access to such
                    document or portion thereof to the authorized
                    persons identified by the panel or committee
                    \470\ as requiring access and may require such
                    persons to obtain access under a protective
                    order described in paragraph (2).\471\
    ---------------------------------------------------------------------------
        \467\ Sec. 412(c)(2) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) inserted ``the NAFTA or'' before ``the United
    States-Canada Agreement'' each place it appears in para. (1)(A).
        \468\ Sec. 134(a)(4)(A)(i) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) struck out ``(but not privileged
    material as defined by the rules of procedure referred to in article
    1904(14) of the United States-Canada Agreement)'' which previously
    appeared at this point.
        \469\ Sec. 412(c)(3)(A) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) inserted ``or extraordinary challenge
    committee''.
        \470\ Sec. 412(c)(3)(B) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) inserted ``or committee''.
        \471\ Sec. 134(a)(4)(A)(ii) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) inserted this sentence.
    ---------------------------------------------------------------------------
                      (B) Authorized persons.--For purposes of this
                    subsection, the term ``authorized persons''
                    means--
                              (i) the members of, and the
                            appropriate staff of, the binational
                            panel or the extraordinary challenge
                            committee, as the case may be, and the
                            Secretariat,
                              (ii) counsel for parties to such
                            panel or committee proceeding, and
                            employees, and persons under the
                            direction and control,\472\ of such
                            counsel,\473\
    ---------------------------------------------------------------------------
        \472\ Sec. 134(a)(4)(B)(i) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) inserted ``, and persons under the
    direction and control,''.
        \473\ Sec. 134(a)(4)(B)(ii) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) struck out ``and'' at the end of
    clause (ii).
    ---------------------------------------------------------------------------
                              (iii) any officer or employee of the
                            United States Government designated by
                            the administering authority or the
                            Commission, as appropriate, to whom
                            disclosure is necessary in order to
                            make recommendations to the Trade
                            Representative regarding the convening
                            of extraordinary challenge committees
                            under chapter 19 of the NAFTA or the
                            Agreement, and \474\
    ---------------------------------------------------------------------------
        \474\ Sec. 134(a)(4)(B)(iii) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) struck out ``implement the United
    States-Canada Agreement with respect to such proceeding.'' following
    ``in order to'', and inserted in lieu thereof ``make recommendations to
    the Trade Representative regarding the convening of extraordinary
    challenge committees under chapter 19 of the Agreement, and''.
        Subsequently, sec. 412(c)(4)(A) of the NAFTA Implementation Act
    (Public Law 103-182; 107 Stat. 2146) inserted ``the NAFTA or'' before
    ``the Agreement'' in clauses (iii) and (iv).
    ---------------------------------------------------------------------------
                              (iv) \475\ any officer or employee of
                            the Government of a free trade area
                            country (as defined in section
                            516A(f)(10)) designated by an
                            authorized agency of such country \476\
                            to whom disclosure is necessary in
                            order to make decisions regarding the
                            convening of extraordinary challenge
                            committees under chapter 19 of the
                            NAFTA or \474\ the Agreement.
    ---------------------------------------------------------------------------
        \475\ Sec. 134(a)(4)(B)(iv) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) added clause (iv).
        \476\ Sec. 412(c)(4)(B) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) struck out ``Government of Canada designated
    by an authorized agency of Canada'' and inserted in lieu thereof
    ``Government of a free trade area country (as defined in section
    516A(f)(10)) designated by an authorized agency of such country''.
    ---------------------------------------------------------------------------
                      (C) Review.--A decision concerning the
                    disclosure or nondisclosure of material under
                    protective order by the administering authority
                    or the Commission shall not be subject to
                    judicial review, and no court of the United
                    States shall have power or jurisdiction to
                    review such decision on any question of law or
                    fact by an action in the nature of mandamus or
                    otherwise.
              (2) Contents of protective order.-- Each protective
            order issued under this subsection shall be in such
            form and contain such requirements as the administering
            authority or the Commission may determine by regulation
            to be appropriate. The administering authority and the
            Commission shall ensure that regulations issued
            pursuant to this paragraph shall be designed to provide
            an opportunity for participation in the binational
            panel proceeding, including any extraordinary
            challenge,\477\ equivalent to that available for
            judicial review of determinations by the administering
            authority or the Commission that are not subject to
            review by a binational panel.
    ---------------------------------------------------------------------------
        \477\ Sec. 412(c)(5) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) inserted ``, including any extraordinary
    challenge,''.
    ---------------------------------------------------------------------------
              (3) Prohibited acts.--It is unlawful for any person
            to violate,\478\ to induce the violation of, or
            knowingly to receive information the receipt of which
            constitutes a violation of\478\ any provision of a
            protective order issued under this subsection or to
            violate, to induce the violation of, or knowingly to
            receive information the receipt of which constitutes a
            violation of any provision of an undertaking entered
            into with an authorized agency of a free trade area
            country (as defined in section 516A(f)(10)) \479\ to
            protect proprietary material during binational panel or
            extraordinary challenge committee \480\ review pursuant
            to article 1904 of the NAFTA or \481\ the United
            States-Canada Agreement.
    ---------------------------------------------------------------------------
        \478\ Sec. 134(a)(4)(C) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) struck out ``or'' after
    ``violate,''; and inserted ``or knowingly to receive information the
    receipt of which constitutes a violation of'' after ``violation of,''.
        \479\ Sec. 412(c)(7) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) struck out ``agency of Canada'' in paras. (3)
    and (4) and inserted ``agency of a free trade area country (as defined
    in section 516A(f)(10))''.
        \480\ Sec. 412(c)(6)(A) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) inserted ``or extraordinary challenge
    committee''.
        \481\ Sec. 412(c)(6)(B) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) inserted ``the NAFTA or''.
    ---------------------------------------------------------------------------
              (4) Sanctions for violation of protective orders.--
            Any person, except a judge appointed to a binational
            panel or an extraordinary challenge committee under
            section 402(b) of the North American Free Trade
            Agreement Implementation Act,\482\ who is found by the
            administering authority or the Commission, as
            appropriate, after notice and an opportunity for a
            hearing in accordance with section 554 of title 5,
            United States Code, to have committed an act prohibited
            by paragraph (3) shall be liable to the United States
            for a civil penalty and shall be subject to such other
            administrative sanctions, including, but not limited
            to, debarment from practice before the administering
            authority or the Commission, as the administering
            authority or the Commission determines to be
            appropriate. The amount of the civil penalty shall not
            exceed $100,000 for each violation. Each day of a
            continuing violation shall constitute a separate
            violation. The amount of such civil penalty and other
            sanctions shall be assessed by the administering
            authority or the Commission by written notice, except
            that assessment shall be made by the administering
            authority for violation, inducement of a violation or
            receipt of information with reason to know that such
            information was disclosed in violation,\483\ of an
            undertaking entered into by any person with an
            authorized agency of a free trade area country (as
            defined in section 516A(f)(10)).\479\
    ---------------------------------------------------------------------------
        \482\ Sec. 412(c)(8) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2146) inserted ``, except a judge appointed to a
    binational panel or an extraordinary challenge committee under section
    402(b) of the North American Free Trade Agreement Implementation
    Act,''.
        \483\ Sec. 134(a)(4)(D) of the Customs and Trade Act of 1990
    (Public Law 101-382; 104 Stat. 650) struck out ``or inducement of a
    violation,'' and inserted in lieu thereof ``inducement of a violation
    or receipt of information with reason to know that such information was
    disclosed in violation,''.
    ---------------------------------------------------------------------------
              (5) Review of sanctions.--Any person against whom
            sanctions are imposed under paragraph (4) may obtain
            review of such sanctions by filing a notice of appeal
            in the United States Court of International Trade
            within 30 days from the date of the order imposing the
            sanction and by simultaneously sending a copy of such
            notice by certified mail to the administering authority
            or the Commission, as appropriate. The administering
            authority or the Commission shall promptly file in such
            court a certified copy of the record upon which such
            violation was found or such sanction imposed, as
            provided in section 2112 of title 28, United States
            Code. The findings and order of the administering
            authority or the Commission shall be set aside by the
            court only if the court finds that such findings and
            order are not supported by substantial evidence, as
            provided in section 706(2) of title 5, United States
            Code.
              (6) Enforcement of sanctions.--If any person fails to
            pay an assessment of a civil penalty or to comply with
            other administrative sanctions after the order imposing
            such sanctions becomes a final and unappealable order,
            or after the United States Court of International Trade
            has entered final judgment in favor of the
            administering authority or the Commission, an action
            may be filed in such court to enforce the sanctions. In
            such action, the validity and appropriateness of the
            final order imposing the sanctions shall not be subject
            to review.
              (7) Testimony and production of papers.--
                      (A) Authority to obtain information.--For the
                    purpose of conducting any hearing and carrying
                    out other functions and duties under this
                    subsection, the administering authority and the
                    Commission, or their duly authorized agents--
                              (i) shall have access to and the
                            right to copy any pertinent document,
                            paper, or record in the possession of
                            any individual, partnership,
                            corporation, association, organization,
                            or other entity,
                              (ii) may summon witnesses, take
                            testimony, and administer oaths,
                              (iii) and may require any individual
                            or entity to produce pertinent
                            documents, books, or records.
                    Any member of the Commission, and any person so
                    designated by the administering authority, may
                    sign subpoenas, and members and agents of the
                    administering authority and the Commission,
                    when authorized by the administering authority
                    or the Commission, as appropriate, may
                    administer oaths and affirmations, examine
                    witnesses, take testimony, and receive
                    evidence.
                      (B) Witnesses and evidence.--The attendance
                    of witnesses who are authorized to be summoned,
                    and the production of documentary evidence
                    authorized to be ordered, under subparagraph
                    (A) may be required from any place in the
                    United States at any designated place of
                    hearing. In the case of disobedience to a
                    subpoena issued under subparagraph (A), an
                    action may be filed in any district or
                    territorial court of the United States to
                    require the attendance and testimony of
                    witnesses and the production of documentary
                    evidence. Such court, within the jurisdiction
                    of which such inquiry is carried on, may, in
                    case of contumacy or refusal to obey a subpoena
                    issued to any individual, partnership,
                    corporation, association, organization or other
                    entity, issue any order requiring such
                    individual or entity to appear before the
                    administering authority or the Commission, or
                    to produce documentary evidence if so ordered
                    or to give evidence concerning the matter in
                    question. Any failure to obey such order of the
                    court may be punished by the court as a
                    contempt thereof.
                      (C) Mandamus.--Any court referred to in
                    subparagraph (B) shall have jurisdiction to
                    issue writs of mandamus commanding compliance
                    with the provisions of this subsection or any
                    order of the administering authority or the
                    Commission made in pursuance thereof.
                      (D) Depositions.--For purposes of carrying
                    out any functions or duties under this
                    subsection, the administering authority or the
                    Commission may order testimony to be taken by
                    deposition. Such deposition may be taken before
                    any person designated by the administering
                    authority or Commission and having power to
                    administer oaths. Such testimony shall be
                    reduced to writing by the person taking the
                    deposition, or under the direction of such
                    person, and shall then be subscribed by the
                    deponent. Any individual, partnership,
                    corporation, association, organization or other
                    entity may be compelled to appear and depose
                    and to produce documentary evidence in the same
                    manner as witnesses may be compelled to appear
                    and testify and produce documentary evidence
                    before the administering authority or
                    Commission, as provided in this paragraph.
                      (E) Fees and mileage of witnesses.--Witnesses
                    summoned before the administering authority or
                    the Commission shall be paid the same fees and
                    mileage that are paid witnesses in the courts
                    of the United States.
        (g) \484\ Information Relating to Violations of Protective
    Orders and Sanctions.--The administering authority and the
    Commission may withhold from disclosure any correspondence,
    private letters of reprimand, settlement agreements, and
    documents and files compiled in relations to investigations and
    actions involving a violation or possible violation of a
    protective order issued under subsection (c) or (d), and such
    information shall be treated as information described in
    section 552(b)(3) of title 5, United States Code.
    ---------------------------------------------------------------------------
        \484\ Sec. 135(b)(2) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 650) added subsec. (g).
    ---------------------------------------------------------------------------
        (h) \485\ Opportunity for Comment by Consumers and
    Industrial Users.--The administering authority and the
    Commission shall provide an opportunity for industrial users of
    the subject merchandise and, if the merchandise is sold at the
    retail level, for representative consumer organizations, to
    submit relevant information to the administering authority
    concerning dumping or a countervailable subsidy, and to the
    Commission concerning material injury by reason of dumped or
    subsidized imports.
    ---------------------------------------------------------------------------
        \485\ Sec. 227 of Public Law 103-465 (108 Stat. 4888) added subsec.
    (h).
    ---------------------------------------------------------------------------
        (i) \486\ Publication of Determinations; Requirements for
    Final Determinations.--
    ---------------------------------------------------------------------------
        \486\ Sec. 228 of Public Law 103-465 (108 Stat. 4888) added subsec.
    (i).
    ---------------------------------------------------------------------------
              (1) In general.--Whenever the administering authority
            makes a determination under section 702 or 732 whether
            to initiate an investigation, or the administering
            authority or the Commission makes a preliminary
            determination under section 703 or 733, a final
            determination under section 705 or section 735, a
            preliminary or final determination in a review under
            section 751, a determination to suspend an
            investigation under this title, or a determination
            under section 753, the administering authority or the
            Commission, as the case may be, shall publish the facts
            and conclusions supporting that determination, and
            shall publish notice of that determination in the
            Federal Register.
              (2) Contents of notice or determination.--The notice
            or determination published under paragraph (1) shall
            include, to the extent applicable--
                      (A) in the case of a determination of the
                    administering authority--
                              (i) the names of the exporters or
                            producers of the subject merchandise
                            or, when providing such names is
                            impracticable, the countries exporting
                            the subject merchandise to the United
                            States,
                              (ii) a description of the subject
                            merchandise that is sufficient to
                            identify the subject merchandise for
                            customs purposes,
                              (iii)(I) with respect to a
                            determination in an investigation under
                            subtitle A or section 753 or in a
                            review of a countervailing duty order,
                            the amount of the countervailable
                            subsidy established and a full
                            explanation of the methodology used in
                            establishing the amount, and
                              (II) with respect to a determination
                            in an investigation under subtitle B or
                            in a review of an antidumping duty
                            order, the weighted average dumping
                            margins established and a full
                            explanation of the methodology used in
                            establishing such margins, and
                              (iv) the primary reasons for the
                            determination; and
                      (B) in the case of a determination of the
                    Commission--
                              (i) considerations relevant to the
                            determination of injury, and
                              (ii) the primary reasons for the
                            determination.
              (3) Additional requirements for final
            determinations.--In addition to the requirements set
            forth in paragraph (2)--
                      (A) the administering authority shall include
                    in a final determination described in paragraph
                    (1) an explanation of the basis for its
                    determination that addresses relevant
                    arguments, made by interested parties who are
                    parties to the investigation or review (as the
                    case may be), concerning the establishment of
                    dumping or a countervailable subsidy, or the
                    suspension of the investigation, with respect
                    to which the determination is made; and
                      (B) the Commission shall include in a final
                    determination of injury an explanation of the
                    basis for its determination that addresses
                    relevant arguments that are made by interested
                    parties who are parties to the investigation or
                    review (as the case may be) concerning volume,
                    price effects, and impact on the industry of
                    imports of the subject merchandise.''

    SEC. 777A.\487\ SAMPLING AND AVERAGING; DETERMINATION OF WEIGHTED
                        AVERAGE DUMPING MARGIN AND COUNTERVAILABLE SUBSIDY
                        RATE.

        (a) In General.--For purposes of determining the export
    price (or constructed export price) under section 772 or the
    normal value under section 773, and in carrying out reviews
    under section 751, the administering authority may--
    ---------------------------------------------------------------------------
        \487\ 19 U.S.C. 1677f-1. Sec. 620(a) of Public Law 98-573 (98 Stat.
    3039) inserted sec. 777A. Sec. 229(a) of Public Law 103-465 (108 Stat.
    4889) amended and restated the section. Sec. 269(b)(1) of Public Law
    103-465 (108 Stat. 4916) added ``and countervailable subsidy rate''
    after ``margin'' in the section catchline.
    ---------------------------------------------------------------------------
              (1) use averaging and statistically valid samples, if
            there is a significant volume of sales of the subject
            merchandise or a significant number or types of
            products, and
              (2) decline to take into account adjustments which
            are insignificant in relation to the price or value of
            the merchandise.
        (b) Selection of Averages and Samples.--The authority to
    select averages and statistically valid samples shall rest
    exclusively with the administering authority. The administering
    authority shall, to the greatest extent possible, consult with
    the exporters and producers regarding the method to be used to
    select exporters, producers, or types of products under this
    section.
        (c) Determination of Dumping Margin.--
              (1) General rule.--In determining weighted average
            dumping margins under section 733(d), 735(c), or
            751(a), the administering authority shall determine the
            individual weighted average dumping margin for each
            known exporter and producer of the subject merchandise.
              (2) Exception.--If it is not practicable to make
            individual weighted average dumping margin
            determinations under paragraph (1) because of the large
            number of exporters or producers involved in the
            investigation or review, the administering authority
            may determine the weighted average dumping margins for
            a reasonable number of exporters or producers by
            limiting its examination to--
                      (A) a sample of exporters, producers, or
                    types of products that is statistically valid
                    based on the information available to the
                    administering authority at the time of
                    selection, or
                      (B) exporters and producers accounting for
                    the largest volume of the subject merchandise
                    from the exporting country that can be
                    reasonably examined.
        (d) Determination of Less Than Fair Value.--
              (1) Investigations.--
                      (A) In general.--In an investigation under
                    subtitle B, the administering authority shall
                    determine whether the subject merchandise is
                    being sold in the United States at less than
                    fair value--
                              (i) by comparing the weighted average
                            of the normal values to the weighted
                            average of the export prices (and
                            constructed export prices) for
                            comparable merchandise, or
                              (ii) by comparing the normal values
                            of individual transactions to the
                            export prices (or constructed export
                            prices) of individual transactions for
                            comparable merchandise.
                      (B) Exception.--The administering authority
                    may determine whether the subject merchandise
                    is being sold in the United States at less than
                    fair value by comparing the weighted average of
                    the normal values to the export prices (or
                    constructed export prices) of individual
                    transactions for comparable merchandise, if--
                              (i) there is a pattern of export
                            prices (or constructed export prices)
                            for comparable merchandise that differ
                            significantly among purchasers,
                            regions, or periods of time, and
                              (ii) the administering authority
                            explains why such differences cannot be
                            taken into account using a method
                            described in paragraph (1)(A)(i) or
                            (ii).
              (2) Reviews.--In a review under section 751, when
            comparing export prices (or constructed export prices)
            of individual transactions to the weighted average
            price of sales of the foreign like product, the
            administering authority shall limit its averaging of
            prices to a period not exceeding the calendar month
            that corresponds most closely to the calendar month of
            the individual export sale.
        (e) \488\ Determination of Countervailable Subsidy Rate.--
    ---------------------------------------------------------------------------
        \488\ Sec. 269(a) of Public Law 103-465 (108 Stat. 4916) inserted
    subsec. (e).
    ---------------------------------------------------------------------------
              (1) General rule.--In determining countervailable
            subsidy rates under section 703(d), 705(c), or 751(a),
            the administering authority shall determine an
            individual countervailable subsidy rate for each known
            exporter or producer of the subject merchandise.
              (2) Exception.--If the administering authority
            determines that it is not practicable to determine
            individual countervailable subsidy rates under
            paragraph (1) because of the large number of exporters
            or producers involved in the investigation or review,
            the administering authority may--
                      (A) determine individual countervailable
                    subsidy rates for a reasonable number of
                    exporters or producers by limiting its
                    examination to--
                              (i) a sample of exporters or
                            producers that the administering
                            authority determines is statistically
                            valid based on the information
                            available to the administering
                            authority at the time of selection, or
                              (ii) exporters and producers
                            accounting for the largest volume of
                            the subject merchandise from the
                            exporting country that the
                            administering authority determines can
                            be reasonably examined; or
                      (B) determine a single country-wide subsidy
                    rate to be applied to all exporters and
                    producers.
            The individual countervailable subsidy rates determined
            under subparagraph (A) shall be used to determine the
            all-others rate under section 705(c)(5).''

    SEC. 778.\489\ INTEREST ON CERTAIN OVERPAYMENTS AND UNDERPAYMENTS.

        (a) General Rule.--Interest shall be payable on
    overpayments and underpayments of amounts deposited on
    merchandise entered, or withdrawn from warehouse, for
    consumption on and after--
    ---------------------------------------------------------------------------
        \489\ 19 U.S.C. 1677g. Sec. 621 of Public Law 98-573 (98 Stat.
    3039) amended and restated sec. 778.
    ---------------------------------------------------------------------------
              (1) the date of publication of a countervailing or
            antidumping duty order under this title or section 303,
            or
              (2) the date of a finding under the Antidumping Act,
            1921.
        (b) Rate.--The rate of interest payable under subsection
    (a) for any period of time is the rate of interest established
    under section 6621 of the Internal Revenue Code of 1986 \490\
    for such period.
    ---------------------------------------------------------------------------
        \490\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
    Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
    in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
    in any law.
    ---------------------------------------------------------------------------

    SEC. 779.\491\ DRAWBACK TREATMENT.

        For purposes of any law relating to the drawback of customs
    duties, countervailing duties and antidumping duties imposed by
    this title shall not be treated as being regular customs
    duties.\492\
    ---------------------------------------------------------------------------
        \491\ 19 U.S.C. 1677h. Sec. 622(a)(2) of Public Law 98-573 (98
    Stat. 3039) added sec. 779. Sec. 626(b) of Public Law 98-573 further
    stated that this amendment shall apply with respect to investigations
    initiated by petition or by the administering authority under subtitles
    A and B of title VII of the Tariff Act of 1930 on or after the
    effective date of this Act (October 30, 1984).
        \492\ Sec. 1334 of Public Law 100-418 (102 Stat. 1209) struck out
    ``shall be treated as any other customs duties'' and inserted in lieu
    thereof ``shall not be treated as being regular customs duties'', and
    amended the section heading which previously read ``drawbacks''.
    ---------------------------------------------------------------------------

    SEC. 780.\493\ DOWNSTREAM PRODUCT MONITORING.

      (a) Petition Requesting Monitoring.--
    ---------------------------------------------------------------------------
        \493\ 19 U.S.C. 1677i. Sec. 1320 of Public Law 100-418 (102 Stat.
    1189) inserted sec. 780.
    ---------------------------------------------------------------------------
              (1) In general.--A domestic producer of an article
            that is like a component part or a downstream product
            may petition the administering authority to designate a
            downstream product for monitoring under subsection (b).
            The petition shall specify--
                      (A) the downstream product,
                      (B) the component product incorporated into
                    such downstream product, and
                      (C) the reasons for suspecting that the
                    imposition of antidumping or countervailing
                    duties has resulted in a diversion of exports
                    of the component part into increased production
                    and exportation to the United States of such
                    downstream product.
              (2) Determination regarding petition.--Within 14 days
            after receiving a petition submitted under paragraph
            (1), the administering authority shall determine--
                      (A) whether there is a reasonable likelihood
                    that imports into the United States of the
                    downstream product will increase as an indirect
                    result of any diversion with respect to the
                    component part, and
                      (B) whether--
                              (i) the component part is already
                            subject to monitoring to aid in the
                            enforcement of a bilateral arrangement
                            (within the meaning of section 804 of
                            the Trade and Tariff Act of 1984),
                              (ii) merchandise related to the
                            component part and manufactured in the
                            same foreign country in which the
                            component part is manufactured has been
                            the subject of a significant number of
                            investigations suspended under section
                            704 or 734 or countervailing or
                            antidumping duty orders issued under
                            this title or section 303, or
                              (iii) merchandise manufactured or
                            exported by the manufacturer or
                            exporter of the component part that is
                            similar in description and use to the
                            component part has been the subject of
                            at least 2 investigations suspended
                            under section 704 or 734 or
                            countervailing or antidumping duty
                            orders issued under this title or
                            section 303.
              (3) Factors to take into account.--In making a
            determination under paragraph (2)(A), the administering
            authority may, if appropriate, take into account such
            factors as--
                      (A) the value of the component part in
                    relation to the value of the downstream
                    product,
                      (B) the extent to which the component part
                    has been substantially transformed as a result
                    of its incorporation into the downstream
                    product, and
                      (C) the relationship between the producers of
                    component parts and producers of downstream
                    products.
              (4) Publication of determination.--The administering
            authority shall publish in the Federal Register notice
            of each determination made under paragraph (2) and, if
            the determination made under paragraph (2)(A) and a
            determination made under any subparagraph of paragraph
            (2)(B) are affirmative, shall transmit a copy of such
            determinations and the petition to the Commission.
              (5) Determinations not subject to judicial review.--
            Notwithstanding any other provision of law, any
            determination made by the administering authority under
            paragraph (2) shall not be subject to judicial review.
      (b) Monitoring by the Commission.--
              (1) In general.--If the determination made under
            subsection (a)(2)(A) and a determination made under any
            clause of subsection (a)(2)(B) with respect to a
            petition are affirmative, the Commission shall
            immediately commence monitoring of trade in the
            downstream product that is the subject of the
            determination made under subsection (a)(2)(A). If the
            Commission finds that imports of a downstream product
            being monitored increased during any calendar quarter
            by 5 percent or more over the preceding quarter, the
            Commission shall analyze that increase in the context
            of overall economic conditions in the product sector.
              (2) Reports.--The Commission shall make quarterly
            reports to the administering authority regarding the
            monitoring and analyses conducted under paragraph (1).
            The Commission shall make the reports available to the
            public.
      (c) Action on Basis of Monitoring Reports.--The administering
    authority shall review the information in the reports submitted
    by the Commission under subsection (b)(2) and shall--
              (1) consider the information in determining whether
            to initiate an investigation under section 702(a) or
            732(a) \494\ regarding any downstream product, and
    ---------------------------------------------------------------------------
        \494\ Sec. 261(d)(1)(B)(iv) of Public Law 103-465 (108 Stat. 4910)
    struck out ``, 732(a), or 303'' and inserted in lieu thereof ``or
    732(a)''.
    ---------------------------------------------------------------------------
              (2) request the Commission to cease monitoring any
            downstream product if the information indicates that
            imports into the United States are not increasing and
            there is no reasonable likelihood of diversion with
            respect to component parts.
      (d) Definitions.--For purposes of this section--
              (1) The term ``component part'' means any imported
            article that--
                      (A) during the 5-year period ending on the
                    date on which the petition is filed under
                    subsection (a), has been subject to--
                              (i) a countervailing or antidumping
                            duty order issued under this title or
                            section 303 that requires the deposit
                            of estimated countervailing or
                            antidumping duties imposed at a rate of
                            at least 15 percent ad valorem, or
                              (ii) an agreement entered into under
                            section 704, 734, or 303 after a
                            preliminary affirmative determination
                            under section 703(b), 733(b)(1), or 303
                            was made by the administering authority
                            which included a determination that the
                            estimated net countervailable subsidy
                            \495\ was at least 15 percent ad
                            valorem or that the estimated average
                            amount by which the normal value \496\
                            exceeded the export price (or the
                            constructed export price) \497\ was at
                            least 15 percent ad valorem, and
    ---------------------------------------------------------------------------
        \495\ Sec. 270(a)(1)(M) of Public Law 103-465 (108 Stat. 4917)
    struck out ``subsidy'' and inserted in lieu thereof ``countervailable
    subsidy''.
        \496\ Sec. 233(a)(1)(E) of Public Law 103-465 (108 Stat. 4898)
    struck out ``foreign market value'' and inserted in lieu thereof
    ``normal value''.
        \497\ Sec. 233(a)(2)(A)(vi) of Public Law 103-465 (108 Stat. 4898)
    struck out ``United States price'' and inserted in lieu thereof
    ``export price (or the constructed export price)''.
    ---------------------------------------------------------------------------
                      (B) because of its inherent characteristics,
                    is routinely used as a major part, component,
                    assembly, subassembly, or material in a
                    downstream product.
              (2) The term ``downstream product'' means any
            manufactured article--
                      (A) which is imported into the United States,
                    and
                      (B) into which is incorporated any component
                    part.

    SEC. 781.\498\ PREVENTION OF CIRCUMVENTION OF ANTIDUMPING AND
                        COUNTERVAILING DUTY ORDERS.

      (a)  Merchandise Completed or Assembled in the United
    States.--
    ---------------------------------------------------------------------------
        \498\ 19 U.S.C. 1677j. Sec. 1321(a) of Public Law 100-418 (102
    Stat. 1192) added sec. 781. Sec. 1337(d) of that Act further provided
    that the provisions of sec. 781 of the Tariff Act of 1930, as added by
    sec. 1321(a), and the amendments made by sec. 1334 should apply with
    respect to articles entered, or withdrawn from warehouse for
    consumption, on or after the date of enactment of that Act. Sec. 230(a)
    of Public Law 103-465 (108 Stat. 4891) amended and restated subsecs.
    (a) and (b).
    ---------------------------------------------------------------------------
              (1) In general.--If--
                      (A) merchandise sold in the United States is
                    of the same class or kind as any other
                    merchandise that is the subject of--
                              (i) an antidumping duty order issued
                            under section 736,
                              (ii) a finding issued under the
                            Antidumping Act, 1921, or
                              (iii) a countervailing duty order
                            issued under section 706 or section
                            303,
                      (B) such merchandise sold in the United
                    States is completed or assembled in the United
                    States from parts or components produced in the
                    foreign country with respect to which such
                    order or finding applies,
                      (C) the process of assembly or completion in
                    the United States is minor or insignificant,
                    and
                      (D) the value of the parts or components
                    referred to in subparagraph (B) is a
                    significant portion of the total value of the
                    merchandise,
            the administering authority, after taking into account
            any advice provided by the Commission under subsection
            (e), may include within the scope of such order or
            finding the imported parts or components referred to in
            subparagraph (B) that are used in the completion or
            assembly of the merchandise in the United States at any
            time such order or finding is in effect.
              (2) Determination of whether process is minor or
            insignificant.--In determining whether the process of
            assembly or completion is minor or insignificant under
            paragraph (1)(C), the administering authority shall
            take into account--
                      (A) the level of investment in the United
                    States,
                      (B) the level of research and development in
                    the United States,
                      (C) the nature of the production process in
                    the United States,
                      (D) the extent of production facilities in
                    the United States, and
                      (E) whether the value of the processing
                    performed in the United States represents a
                    small proportion of the value of the
                    merchandise sold in the United States.
              (3) Factors to consider.--In determining whether to
            include parts or components in a countervailing or
            antidumping duty order or finding under paragraph (1),
            the administering authority shall take into account
            such factors as--
                      (A) the pattern of trade, including sourcing
                    patterns,
                      (B) whether the manufacturer or exporter of
                    the parts or components is affiliated with the
                    person who assembles or completes the
                    merchandise sold in the United States from the
                    parts or components produced in the foreign
                    country with respect to which the order or
                    finding described in paragraph (1) applies, and
                      (C) whether imports into the United States of
                    the parts or components produced in such
                    foreign country have increased after the
                    initiation of the investigation which resulted
                    in the issuance of such order or finding.
        (b) Merchandise Completed or Assembled in Other Foreign
    Countries.--
              (1) In general.--If--
                      (A) merchandise imported into the United
                    States is of the same class or kind as any
                    merchandise produced in a foreign country that
                    is the subject of--
                              (i) an antidumping duty order issued
                            under section 736,
                              (ii) a finding issued under the
                            Antidumping Act, 1921, or
                              (iii) a countervailing duty order
                            issued under section 706 or section
                            303,
                      (B) before importation into the United
                    States, such imported merchandise is completed
                    or assembled in another foreign country from
                    merchandise which--
                              (i) is subject to such order or
                            finding, or
                              (ii) is produced in the foreign
                            country with respect to which such
                            order or finding applies,
                      (C) the process of assembly or completion in
                    the foreign country referred to in subparagraph
                    (B) is minor or insignificant,
                      (D) the value of the merchandise produced in
                    the foreign country to which the antidumping
                    duty order applies is a significant portion of
                    the total value of the merchandise exported to
                    the United States, and
                      (E) the administering authority determines
                    that action is appropriate under this paragraph
                    to prevent evasion of such order or finding,
            the administering authority, after taking into account
            any advice provided by the Commission under subsection
            (e), may include such imported merchandise within the
            scope of such order or finding at any time such order
            or finding is in effect.
              (2) Determination of whether process is minor or
            insignificant.--In determining whether the process of
            assembly or completion is minor or insignificant under
            paragraph (1)(C), the administering authority shall
            take into account--
                      (A) the level of investment in the foreign
                    country,
                      (B) the level of research and development in
                    the foreign country,
                      (C) the nature of the production process in
                    the foreign country,
                      (D) the extent of production facilities in
                    the foreign country, and
                      (E) whether the value of the processing
                    performed in the foreign country represents a
                    small proportion of the value of the
                    merchandise imported into the United States.
              (3) Factors to consider.--In determining whether to
            include merchandise assembled or completed in a foreign
            country in a countervailing duty order or an
            antidumping duty order or finding under paragraph (1),
            the administering authority shall take into account
            such factors as--
                      (A) the pattern of trade, including sourcing
                    patterns,
                      (B) whether the manufacturer or exporter of
                    the merchandise described in paragraph (1)(B)
                    is affiliated with the person who uses the
                    merchandise described in paragraph (1)(B) to
                    assemble or complete in the foreign country the
                    merchandise that is subsequently imported into
                    the United States, and
                      (C) whether imports into the foreign country
                    of the merchandise described in paragraph
                    (1)(B) have increased after the initiation of
                    the investigation which resulted in the
                    issuance of such order or finding.
      (c) Minor Alterations of Merchandise.--
              (1) In general.--The class or kind of merchandise
            subject to--
                      (A) an investigation under this title,
                      (B) an antidumping duty order issued under
                    section 736,
                      (C) a finding issued under the Antidumping
                    Act, 1921, or
                      (D) a countervailing duty order issued under
                    section 706 or section 303,
            shall include articles altered in form or appearance in
            minor respects (including raw agricultural products
            that have undergone minor processing), whether or not
            included in the same tariff classification.
              (2) Exception.--Paragraph (1) shall not apply with
            respect to altered merchandise if the administering
            authority determines that it would be unnecessary to
            consider the altered merchandise within the scope of
            the investigation, order, or finding.
      (d) Later-Developed Merchandise.--
              (1) In general.--For purposes of determining whether
            merchandise developed after an investigation is
            initiated under this title or section 303 (hereafter in
            this paragraph referred to as the ``later-developed
            merchandise'') is within the scope of an outstanding
            antidumping or countervailing duty order issued under
            this title or section 303 as a result of such
            investigation, the administering authority shall
            consider whether--
                      (A) the later-developed merchandise has the
                    same general physical characteristics as the
                    merchandise with respect to which the order was
                    originally issued (hereafter in this paragraph
                    referred to as the ``earlier product''),
                      (B) the expectations of the ultimate
                    purchasers of the later-developed merchandise
                    are the same as for the earlier product,
                      (C) the ultimate use of the earlier product
                    and the later-developed merchandise are the
                    same,
                      (D) the later-developed merchandise is sold
                    through the same channels of trade as the
                    earlier product, and
                      (E) the later-developed merchandise is
                    advertised and displayed in a manner similar to
                    the earlier product.
            The administering authority shall take into account any
            advice provided by the Commission under subsection (e)
            before making a determination under this subparagraph.
              (2) Exclusion from orders.--The administering
            authority may not exclude a later-developed merchandise
            from a countervailing or antidumping duty order merely
            because the merchandise--
                      (A) is classified under a tariff
                    classification other than that identified in
                    the petition or the administering authority's
                    prior notices during the proceeding, or
                      (B) permits the purchaser to perform
                    additional functions, unless such additional
                    functions constitute the primary use of the
                    merchandise and the cost of the additional
                    functions constitute more than a significant
                    proportion of the total cost of production of
                    the merchandise.
      (e) Commission Advice.--
              (1) Notification to commission of proposed action.--
            Before making a determination--
                      (A) under subsection (a) with respect to
                    merchandise completed or assembled in the
                    United States (other than minor completion or
                    assembly),
                      (B) under subsection (b) with respect to
                    merchandise completed or assembled in other
                    foreign countries, or
                      (C) under subsection (d) with respect to any
                    later-developed merchandise which incorporates
                    a significant technological advance or
                    significant alteration of an earlier product,
            with respect to an antidumping or countervailing duty
            order or finding as to which the Commission has made an
            affirmative injury determination, the administering
            authority shall notify the Commission of the proposed
            inclusion of such merchandise in such countervailing or
            antidumping order or finding. Notwithstanding any other
            provision of law, a decision by the administering
            authority regarding whether any merchandise is within a
            category for which notice is required under this
            paragraph is not subject to judicial review.
              (2) Request for consultation.--After receiving notice
            under paragraph (1), the Commission may request
            consultations with the administering authority
            regarding the inclusion. Upon the request of the
            Commission, the administering authority shall consult
            with the Commission and any such consultation shall be
            completed within 15 days after the date of the request.
              (3) Commission advice.--If the Commission believes,
            after consultation under paragraph (2), that a
            significant injury issue is presented by the proposed
            inclusion, the Commission may provide written advice to
            the administering authority as to whether the inclusion
            would be inconsistent with the affirmative
            determination of the Commission on which the order or
            finding is based. If the Commission decides to provide
            such written advice, it shall promptly notify the
            administering authority of its intention to do so, and
            must provide such advice within 60 days after the date
            of notification under paragraph (1). For purposes of
            formulating its advice with respect to merchandise
            completed or assembled in the United States from parts
            or components produced in a foreign country, the
            Commission shall consider whether the inclusion of such
            parts or components taken as a whole would be
            inconsistent with its prior affirmative determination.
        (f) \499\ Time Limits for Administering Authority
    Determinations.--The administering authority shall, to the
    maximum extent practicable, make the determinations under this
    section within 300 days from the date of the initiation of a
    countervailing duty or antidumping circumvention inquiry under
    this section.
    ---------------------------------------------------------------------------
        \499\ Sec. 230(b) of Public Law 103-465 (108 Stat. 4893) added
    subsec. (f).
    ---------------------------------------------------------------------------

    SEC. 782.\500\ CONDUCT OF INVESTIGATIONS AND ADMINISTRATIVE REVIEWS.

        (a) Treatment of Voluntary Responses in Countervailing or
    Antidumping Duty Investigations and Reviews.--In any
    investigation under subtitle A or B or a review under section
    751(a) in which the administering authority has, under section
    777A(c)(2) or section 777A(e)(2)(A) (whichever is applicable),
    limited the number of exporters or producers examined, or
    determined a single country-wide rate, the administering
    authority shall establish an individual countervailable subsidy
    rate or an individual weighted average dumping margin for any
    exporter or producer not initially selected for individual
    examination under such sections who submits to the
    administering authority the information requested from
    exporters or producers selected for examination, if--
    ---------------------------------------------------------------------------
        \500\ 19 U.S.C. 1677m. Sec. 231(a) of Public Law 103-465 (108 Stat.
    4893) added sec. 782.
    ---------------------------------------------------------------------------
              (1) such information is so submitted by the date
            specified--
                      (A) for exporters and producers that were
                    initially selected for examination, or
                      (B) for the foreign government, in a
                    countervailing duty case where the
                    administering authority has determined a single
                    country-wide rate; and
              (2) the number of exporters or producers who have
            submitted such information is not so large that
            individual examination of such exporters or producers
            would be unduly burdensome and inhibit the timely
            completion of the investigation.
        (b) Certification of Submissions.--Any person providing
    factual information to the administering authority or the
    Commission in connection with a proceeding under this title on
    behalf of the petitioner or any other interested party shall
    certify that such information is accurate and complete to the
    best of that person's knowledge.
        (c) Difficulties in Meeting Requirements.--
              (1) Notification by interested party.--If an
            interested party, promptly after receiving a request
            from the administering authority or the Commission for
            information, notifies the administering authority or
            the Commission (as the case may be) that such party is
            unable to submit the information requested in the
            requested form and manner, together with a full
            explanation and suggested alternative forms in which
            such party is able to submit the information, the
            administering authority or the Commission (as the case
            may be) shall consider the ability of the interested
            party to submit the information in the requested form
            and manner and may modify such requirements to the
            extent necessary to avoid imposing an unreasonable
            burden on that party.
              (2) Assistance to interested parties.--The
            administering authority and the Commission shall take
            into account any difficulties experienced by interested
            parties, particularly small companies, in supplying
            information requested by the administering authority or
            the Commission in connection with investigations and
            reviews under this title, and shall provide to such
            interested parties any assistance that is practicable
            in supplying such information.
        (d) Deficient Submissions.--If the administering authority
    or the Commission determines that a response to a request for
    information under this title does not comply with the request,
    the administering authority or the Commission (as the case may
    be) shall promptly inform the person submitting the response of
    the nature of the deficiency and shall, to the extent
    practicable, provide that person with an opportunity to remedy
    or explain the deficiency in light of the time limits
    established for the completion of investigations or reviews
    under this title. If that person submits further information in
    response to such deficiency and either--
              (1) the administering authority or the Commission (as
            the case may be) finds that such response is not
            satisfactory, or
              (2) such response is not submitted within the
            applicable time limits,
    then the administering authority or the Commission (as the case
    may be) may, subject to subsection (e), disregard all or part
    of the original and subsequent responses.
        (e) Use of Certain Information.--In reaching a
    determination under section 703, 705, 733, 735, 751, or 753 the
    administering authority and the Commission shall not decline to
    consider information that is submitted by an interested party
    and is necessary to the determination but does not meet all the
    applicable requirements established by the administering
    authority or the Commission, if--
              (1) the information is submitted by the deadline
            established for its submission,
              (2) the information can be verified,
              (3) the information is not so incomplete that it
            cannot serve as a reliable basis for reaching the
            applicable determination,
              (4) the interested party has demonstrated that it
            acted to the best of its ability in providing the
            information and meeting the requirements established by
            the administering authority or the Commission with
            respect to the information, and
              (5) the information can be used without undue
            difficulties.
        (f) Nonacceptance of Submissions.--If the administering
    authority or the Commission declines to accept into the record
    any information submitted in an investigation or review under
    this title, it shall, to the extent practicable, provide to the
    person submitting the information a written explanation of the
    reasons for not accepting the information.
        (g) Public Comment on Information.--Information that is
    submitted on a timely basis to the administering authority or
    the Commission during the course of a proceeding under this
    title shall be subject to comment by other parties to the
    proceeding within such reasonable time as the administering
    authority or the Commission shall provide. The administering
    authority and the Commission, before making a final
    determination under section 705, 735, 751, or 753 shall cease
    collecting information and shall provide the parties with a
    final opportunity to comment on the information obtained by the
    administering authority or the Commission (as the case may be)
    upon which the parties have not previously had an opportunity
    to comment. Comments containing new factual information shall
    be disregarded.
        (h) Termination of Investigation or Revocation of Order for
    Lack of Interest.--The administering authority may--
              (1) terminate an investigation under subtitle A or B
            with respect to a domestic like product if, prior to
            publication of an order under section 706 or 736, the
            administering authority determines that producers
            accounting for substantially all of the production of
            that domestic like product have expressed a lack of
            interest in issuance of an order; and
              (2) revoke an order issued under section 706 or 736
            with respect to a domestic like product, or terminate
            an investigation suspended under section 704 or 734
            with respect to a domestic like product, if the
            administering authority determines that producers
            accounting for substantially all of the production of
            that domestic like product, have expressed a lack of
            interest in the order or suspended investigation.
        (i) Verification.--The administering authority shall verify
    all information relied upon in making--
              (1) a final determination in an investigation,
              (2) a revocation under section 751(d), and
              (3) a final determination in a review under section
            751(a), if--
                      (A) verification is timely requested by an
                    interested party as defined in section
                    771(9)(C), (D), (E), (F), or (G), and
                      (B) no verification was made under this
                    subparagraph during the 2 immediately preceding
                    reviews and determinations under section 751(a)
                    of the same order, finding, or notice, except
                    that this clause shall not apply if good cause
                    for verification is shown.

    SEC. 783.\501\ ANTIDUMPING PETITIONS BY THIRD COUNTRIES.

        (a) Filing of Petition.--The government of a WTO member may
    file with the Trade Representative a petition requesting that
    an investigation be conducted to determine if--
    ---------------------------------------------------------------------------
        \501\ 19 U.S.C. 1677n. Sec. 232(a) of Public Law 103-465 (108 Stat.
    4897) added sec. 783.
    ---------------------------------------------------------------------------
              (1) imports from another country are being sold in
            the United States at less than fair value, and
              (2) an industry in the petitioning country is
            materially injured by reason of those imports.
        (b) Initiation.--The Trade Representative, after
    consultation with the administering authority and the
    Commission and obtaining the approval of the WTO Council for
    Trade in Goods, shall determine whether to initiate an
    investigation described in subsection (a).
        (c) Determinations.--Upon initiation of an investigation
    under this section, the Trade Representative shall request the
    following determinations be made according to substantive and
    procedural requirements specified by the Trade Representative,
    notwithstanding any other provision of this title:
              (1) The administering authority shall determine
            whether imports into the United States of the subject
            merchandise are being sold at less than fair value.
              (2) The Commission shall determine whether an
            industry in the petitioning country is materially
            injured by reason of imports of the subject merchandise
            into the United States.
        (d) Public Comment.--An opportunity for public comment
    shall be provided, as appropriate--
              (1) by the Trade Representative, in making the
            determination required by subsection (b), and
              (2) by the administering authority and the
            Commission, in making the determination required by
            subsection (c).
        (e) Issuance of Order.--If the administering authority
    makes an affirmative determination under paragraph (1) of
    subsection (c), and the Commission makes an affirmative
    determination under paragraph (2) of subsection (c), the
    administering authority shall issue an antidumping duty order
    in accordance with section 736 and take such other actions as
    are required by section 736.
        (f) Reviews of Determinations.--For purposes of review
    under section 516A or review under section 751, if an order is
    issued under subsection (e),\502\ the final determinations of
    the administering authority and the Commission under this
    section shall be treated as final determinations made under
    section 735.
    ---------------------------------------------------------------------------
        \502\ Sec. 20(b)(17) of Public Law 104-295 (110 Stat. 3528) struck
    out ``subsection (d)'' and inserted in lieu thereof ``subsection (e)''.
    ---------------------------------------------------------------------------
        (g) Access to Information.--Section 777 shall apply to
    investigations under this section, to the extent specified by
    the Trade Representative, after consultation with the
    administering authority and the Commission.
         (3) Miscellaneous Trade and Technical Corrections Act of 2004

        Partial text of Public Law 108-429 [H.R. 1047], 118 Stat. 2434,
                           approved December 3, 2004

    AN ACT To amend the Harmonized Tariff Schedule of the United States to
       modify temporarily certain rates of duty, to make other technical
             amendments to the trade laws, and for other purposes.

              Note.--Public Law 108-429 consists primarily of
            amendments to the Harmonized Tariff Schedule of the
            United States (19 U.S.C. 3007) and to other Acts found
            in this volume, and have been incorporated at the
            appropriate points.

              * * * * * * *

                           TITLE I--TARIFF PROVISIONS

              * * * * * * *

    SEC. 1560.\1\ CLARIFICATION OF DESIGNATION OF NORMAL TRADE RELATIONS.
    ---------------------------------------------------------------------------

        \1\ 19 U.S.C. 1629 note.
    ---------------------------------------------------------------------------
        (a) Findings.--Congress makes the following findings:
              (1) The increased security and safety concerns that
            developed in the aftermath of the terrorist attacks in
            the United States on September 11, 2001, need to be
            addressed.
              (2) One concern that has come to light is the
            vulnerability of the international bridges and tunnels
            along the United States borders.
              (3) It is necessary to ensure that potentially
            dangerous vehicles are inspected prior to crossing
            these bridges and tunnels; however, currently these
            vehicles are not inspected until after they have
            crossed into the United States.
              (4) Establishing Integrated Border Inspection Areas
            (IBIAs) would address these concerns by inspecting
            vehicles before they gained access to the
            infrastructure of international bridges and tunnels
            joining the United States and Canada.
        (b) Creation of Integrated Border Inspection Areas.--
              (1) In general.--The Commissioner of the Customs
            Service, in consultation with the Canadian Customs and
            Revenue Agency (CCRA), shall seek to establish
            Integrated Border Inspection Areas (IBIAs), such as
            areas on either side of the United States-Canada
            border, in which United States Customs officers can
            inspect vehicles entering the United States from Canada
            before they enter the United States, or Canadian
            Customs officers can inspect vehicles entering Canada
            from the United States before they enter Canada. Such
            inspections may include, where appropriate, employment
            of reverse inspection techniques.
              (2) Additional requirement.--The Commissioner of
            Customs, in consultation with the Administrator of the
            General Services Administration when appropriate, shall
            seek to carry out paragraph (1) in a manner that
            minimizes adverse impacts on the surrounding community.
              (3) Elements of the program.--Using the authority
            granted by this section and under section 629 of the
            Tariff Act of 1930, the Commissioner of Customs, in
            consultation with the Canadian Customs and Revenue
            Agency, shall seek to--
                      (A) locate Integrated Border Inspection Areas
                    in areas with bridges or tunnels with high
                    traffic volume, significant commercial
                    activity, and that have experienced backups and
                    delays since September 11, 2001;
                      (B) ensure that United States Customs
                    officers stationed in any such IBIA on the
                    Canadian side of the border are vested with the
                    maximum authority to carry out their duties and
                    enforce United States law;
                      (C) ensure that United States Customs
                    officers stationed in any such IBIA on the
                    Canadian side of the border shall possess the
                    same immunity that they would possess if they
                    were stationed in the United States; and
                      (D) encourage appropriate officials of the
                    United States to enter into an agreement with
                    Canada permitting Canadian Customs officers
                    stationed in any such IBIA on the United States
                    side of the border to enjoy such immunities as
                    permitted in Canada.
              * * * * * * *

                        TITLE II--OTHER TRADE PROVISIONS

                      Subtitle A--Miscellaneous Provisions

    SEC. 2001.\2\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
                        OF 1974 TO ARMENIA.
    ---------------------------------------------------------------------------

        \2\ 19 U.S.C. 2434 note. Sec. 2001 can be found in this volume on
    page 1170.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 2003.\3\ ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT UNDER THE
                        ANDEAN TRADE PREFERENCE ACT.
    ---------------------------------------------------------------------------

        \3\ 19 U.S.C. 3203 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 2005.\4\ EXTENSION OF NORMAL TRADE RELATIONS TO LAOS.
    ---------------------------------------------------------------------------

        \4\ Sec. 2005 can be found in this volume on page 1171.
    ---------------------------------------------------------------------------
              * * * * * * *

                     TITLE III--IRAQI CULTURAL ANTIQUITIES

    SEC. 3001. SHORT TITLE.

        This title may be cited as the ``Emergency Protection for
    Iraqi Cultural Antiquities Act of 2004''.

    SEC. 3002. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.

        (a) Authority.--The President may exercise the authority of
    the President under section 304 of the Convention on Cultural
    Property Implementation Act (19 U.S.C. 2603) with respect to
    any archaeological or ethnological material of Iraq without
    regard to whether Iraq is a State Party under that Act, except
    that, in exercising such authority, subsection (c) of such
    section shall not apply.
        (b) Definition.--In this section, the term ``archaeological
    or ethnological material of Iraq'' means cultural property of
    Iraq and other items of archaeological, historical, cultural,
    rare scientific, or religious importance illegally removed from
    the Iraq National Museum, the National Library of Iraq, and
    other locations in Iraq, since the adoption of United Nations
    Security Council Resolution 661 of 1990.

    SEC. 3003. TERMINATION OF AUTHORITY.

        The authority of the President under section 3002(a) shall
    terminate on September 30, 2009.

                           TITLE IV--WOOL TRUST FUND

    SEC. 4001.\5\ SHORT TITLE.

        This title may be cited as the ``Wool Suit and Textile
    Trade Extension Act of 2004''.
    ---------------------------------------------------------------------------
        \5\ 7 U.S.C. 7101 note.
    ---------------------------------------------------------------------------

    SEC. 4002. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON WOOL
                        PRODUCTS, WOOL RESEARCH FUND, WOOL DUTY REFUNDS.

        (a) * * *
        (b) * * *
        (c) Extension of Duty Refunds and Wool Research Trust
    Fund.--
              (1) Establishment of trust fund.--There is hereby
            established within the Treasury of the United States a
            trust fund to be known as the Wool Apparel
            Manufacturers Trust Fund (in this subsection referred
            to as the ``Trust Fund''), consisting of such amounts
            as may be transferred to the Trust Fund under paragraph
            (2).
              (2) Transfer of amounts.--
                      (A) In general.--The Secretary of the
                    Treasury shall transfer to the Trust Fund, out
                    of the general fund of the Treasury of the
                    United States, amounts determined by the
                    Secretary of the Treasury to be equivalent to
                    the amounts received in the general fund that
                    are attributable to the duty received on
                    articles classified under chapter 51 of the
                    Harmonized Tariff Schedule of the United
                    States, subject to the limitation in
                    subparagraph (B).
                      (B) Limitation.--In any fiscal year, the
                    Secretary shall not transfer more than the
                    amount determined by the Secretary necessary
                    for the Bureau of Customs and Border Protection
                    to make payments authorized under paragraph (3)
                    and the Secretary of Commerce to make grants
                    under paragraph (6).
              (3) Availability of amounts from trust fund.--From
            amounts in the Trust Fund, the Bureau of Customs and
            Border Protection shall pay to each manufacturer that
            receives a payment during calendar year 2005 under
            section 505 of the Trade and Development Act of 2000
            (Public Law 106-200; 114 Stat. 303), as amended by
            section 5101 of the Trade Act of 2002 (116 Stat. 1041),
            and that provides an affidavit, no later than March 1
            of the year of the payment, that it remains a
            manufacturer in the United States as of January 1 of
            the year of the payment, 2 additional payments, each
            payment equal to the payment received for calendar year
            2005 as follows:
                      (A) The first payment to be made after
                    January 1, 2006, but on or before April 15,
                    2006.
                      (B) The second payment to be made after
                    January 1, 2007, but on or before April 15,
                    2007.
              (4) Successor-in-interest.--Any manufacturer that
            becomes a successor-in-interest to a claimant of a
            payment under section 505 of the Trade and Development
            Act of 2000, as amended by section 5101 of the Trade
            Act of 2002, because of--
                      (A) an assignment of the claim,
                      (B) an assignment of the original claimant's
                    right to manufacture under the same trade name,
                    or
                      (C) a reorganization,
            or otherwise, shall be eligible to claim the payment as
            if the successor manufacturer were the original
            claimant, without regard to section 3727 of title 31,
            United States Code. Such right to claim payment as a
            successor shall be effective as if the right were
            included in section 505 of the Trade and Development
            Act of 2000.
              (5) Extension of wool research, development, and
            promotion trust fund.--Section 506(f) of the Trade and
            Development Act of 2000 (Public Law 106-200; 114 Stat.
            303), as amended by section 5102(c)(2) of the Trade Act
            of 2002 (116 Stat. 1047), is amended by striking
            ``2006'' and inserting ``2008''.
              (6) Commerce authority to promote domestic
            employment.--
                      (A) Grants to manufacturers of worsted wool
                    fabrics.--The Secretary of Commerce shall
                    provide to--
                              (i) persons who were, during calendar
                            years 1999, 2000, and 2001,
                            manufacturers of worsted wool fabric of
                            the kind described in heading
                            9902.51.12 of the Harmonized Tariff
                            Schedule of the United States (as in
                            effect on the day before the date of
                            the enactment of this Act), and
                              (ii) persons who were, during such
                            calendar years, manufacturers of
                            worsted wool fabric of the kind
                            described in heading 9902.51.11 of the
                            Harmonized Tariff Schedule of the
                            United States,
                    grants in each of calendar years 2005 through
                    2007 in the amounts determined under
                    subparagraph (B).
                      (B) Amounts.--(i) The total amount of grants
                    to manufacturers under subparagraph (A)(i)
                    shall be $2,666,000 each calendar year,
                    allocated among such manufacturers on the basis
                    of the percentage of each manufacturer's
                    production of the fabric described in heading
                    9902.51.12 of the Harmonized Tariff Schedule of
                    the United States (as in effect on the day
                    before the date of the enactment of this Act)
                    for calendar years 1999, 2000, and 2001,
                    compared to the production of such fabric by
                    all such manufacturers who qualify under
                    subparagraph (A)(i) for such grants.
                      (ii) The total amount of grants to
                    manufacturers under subparagraph (A)(ii) shall
                    be $2,666,000 each calendar year, allocated
                    among such manufacturers on the basis of the
                    percentage of each manufacturer's production of
                    the fabric described in heading 9902.51.11 of
                    the Harmonized Tariff Schedule of the United
                    States for calendar years 1999, 2000, and 2001,
                    compared to the production of such fabric by
                    all manufacturers who qualify under
                    subparagraph (A)(ii) for such grants.
                      (iii) Any grant awarded by the Secretary
                    under this paragraph shall be final and not
                    subject to appeal or protest.
        (d) * * *
              * * * * * * *
                             (4) Trade Act of 2002

    Partial text of Public Law 107-210 [H.R. 3009], 116 Stat. 933, approved
    May 6, 2002; as amended by Public Law 108-429 [Miscellaneous Trade and
    Technical Corrections Act of 2004; H.R. 1047], 118 Stat. 2434, approved
                                December 3, 2004

     AN ACT To extend the Andean Trade Preference Act, to grant additional
             trade benefits under that Act, and for other purposes.

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

    SECTION 1. SHORT TITLE.

      This Act may be cited as the ``Trade Act of 2002''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

      (a) Divisions.--This Act is organized into 5 divisions as
    follows:
              (1) Division a.--Trade Adjustment Assistance.
              (2) Division b.--Bipartisan Trade Promotion
            Authority.
              (3) Division c.--Andean Trade Preference Act.
              (4) Division d.--Extension of Certain Preferential
            Trade Treatment and Other Provisions.
              (5) Division e.--Miscellaneous Provisions.
              * * * * * * *

                    DIVISION A--TRADE ADJUSTMENT ASSISTANCE

    SEC. 101.\1\ SHORT TITLE.

      This division may be cited as the ``Trade Adjustment
    Assistance Reform Act of 2002''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2101 note.
    ---------------------------------------------------------------------------

                  TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM

              Note.--Title I consists primarily of amendments to
            the Trade Act of 1974 (19 U.S.C. 2101) found in this
            volume, and have been incorporated at the appropriate
            points.

              * * * * * * *

      TITLE II--CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS

              * * * * * * *

                       TITLE III--CUSTOMS REAUTHORIZATION

    SEC. 301.\2\ SHORT TITLE.

      This Act may be cited as the ``Customs Border Security Act of
    2002''.
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 1654 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                  CHAPTER 5--TEXTILE TRANSSHIPMENT PROVISIONS

              * * * * * * *

    SEC. 353. IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT.

      Of the amount made available for fiscal year 2003 under
    section 301(b)(2)(A) of the Customs Procedural Reform and
    Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as
    amended by section 311(b)(1) of this Act, 1,317,000 shall be
    available until expended for the Customs Service to provide
    technical assistance to help sub-Saharan African countries
    develop and implement effective visa and anti-transshipment
    systems as required by the African Growth and Opportunity Act
    (title I of Public Law 106-200), as follows:
              (1) Travel funds.--$600,000 for import specialists,
            special agents, and other qualified Customs personnel
            to travel to sub-Saharan African countries to provide
            technical assistance in developing and implementing
            effective visa and anti-transshipment systems.
              (2) Import specialists.--$266,000 for 4 import
            specialists to be assigned to Customs headquarters to
            be dedicated to providing technical assistance to sub-
            Saharan African countries for developing and
            implementing effective visa and anti-transshipment
            systems.
              (3) Data reconciliation analysts.--$151,000 for 2
            data reconciliation analysts to review apparel
            shipments.
              (4) Special agents.--$300,000 for 2 special agents to
            be assigned to Customs headquarters to be available to
            provide technical assistance to sub-Saharan African
            countries in the performance of investigations and
            other enforcement initiatives.
              * * * * * * *

                DIVISION B--BIPARTISAN TRADE PROMOTION AUTHORITY

                      TITLE XXI--TRADE PROMOTION AUTHORITY

    SEC. 2101.\3\ SHORT TITLE AND FINDINGS.

      (a) Short Title.--This title may be cited as the ``Bipartisan
    Trade Promotion Authority Act of 2002''.
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 3801.
    ---------------------------------------------------------------------------
      (b) Findings.--The Congress makes the following findings:
              (1) The expansion of international trade is vital to
            the national security of the United States. Trade is
            critical to the economic growth and strength of the
            United States and to its leadership in the world.
            Stable trading relationships promote security and
            prosperity. Trade agreements today serve the same
            purposes that security pacts played during the Cold
            War, binding nations together through a series of
            mutual rights and obligations. Leadership by the United
            States in international trade fosters open markets,
            democracy, and peace throughout the world.
              (2) The national security of the United States
            depends on its economic security, which in turn is
            founded upon a vibrant and growing industrial base.
            Trade expansion has been the engine of economic growth.
            Trade agreements maximize opportunities for the
            critical sectors and building blocks of the economy of
            the United States, such as information technology,
            telecommunications and other leading technologies,
            basic industries, capital equipment, medical equipment,
            services, agriculture, environmental technology, and
            intellectual property. Trade will create new
            opportunities for the United States and preserve the
            unparalleled strength of the United States in economic,
            political, and military affairs. The United States,
            secured by expanding trade and economic opportunities,
            will meet the challenges of the twenty-first century.
              (3) Support for continued trade expansion requires
            that dispute settlement procedures under international
            trade agreements not add to or diminish the rights and
            obligations provided in such agreements. Therefore--
                      (A) the recent pattern of decisions by
                    dispute settlement panels of the WTO and the
                    Appellate Body to impose obligations and
                    restrictions on the use of antidumping,
                    countervailing, and safeguard measures by WTO
                    members under the Antidumping Agreement, the
                    Agreement on Subsidies and Countervailing
                    Measures, and the Agreement on Safeguards has
                    raised concerns; and
                      (B) the Congress is concerned that dispute
                    settlement panels of the WTO and the Appellate
                    Body appropriately apply the standard of review
                    contained in Article 17.6 of the Antidumping
                    Agreement, to provide deference to a
                    permissible interpretation by a WTO member of
                    provisions of that Agreement, and to the
                    evaluation by a WTO member of the facts where
                    that evaluation is unbiased and objective and
                    the establishment of the facts is proper.

    SEC. 2102.\4\ TRADE NEGOTIATING OBJECTIVES.

      (a) Overall Trade Negotiating Objectives.--The overall trade
    negotiating objectives of the United States for agreements
    subject to the provisions of section 2103 are--
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 3802.
    ---------------------------------------------------------------------------
              (1) to obtain more open, equitable, and reciprocal
            market access;
              (2) to obtain the reduction or elimination of
            barriers and distortions that are directly related to
            trade and that decrease market opportunities for United
            States exports or otherwise distort United States
            trade;
              (3) to further strengthen the system of international
            trading disciplines and procedures, including dispute
            settlement;
              (4) to foster economic growth, raise living
            standards, and promote full employment in the United
            States and to enhance the global economy;
              (5) to ensure that trade and environmental policies
            are mutually supportive and to seek to protect and
            preserve the environment and enhance the international
            means of doing so, while optimizing the use of the
            world's resources;
              (6) to promote respect for worker rights and the
            rights of children consistent with core labor standards
            of the ILO (as defined in section 2113(6)) and an
            understanding of the relationship between trade and
            worker rights;
              (7) to seek provisions in trade agreements under
            which parties to those agreements strive to ensure that
            they do not weaken or reduce the protections afforded
            in domestic environmental and labor laws as an
            encouragement for trade;
              (8) to ensure that trade agreements afford small
            businesses equal access to international markets,
            equitable trade benefits, and expanded export market
            opportunities, and provide for the reduction or
            elimination of trade barriers that disproportionately
            impact small businesses; and
              (9) to promote universal ratification and full
            compliance with ILO Convention No. 182 Concerning the
            Prohibition and Immediate Action for the Elimination of
            the Worst Forms of Child Labor.
      (b) Principal Trade Negotiating Objectives.--
              (1) Trade barriers and distortions.--The principal
            negotiating objectives of the United States regarding
            trade barriers and other trade distortions are--
                      (A) to expand competitive market
                    opportunities for United States exports and to
                    obtain fairer and more open conditions of trade
                    by reducing or eliminating tariff and nontariff
                    barriers and policies and practices of foreign
                    governments directly related to trade that
                    decrease market opportunities for United States
                    exports or otherwise distort United States
                    trade; and
                      (B) to obtain reciprocal tariff and nontariff
                    barrier elimination agreements, with particular
                    attention to those tariff categories covered in
                    section 111(b) of the Uruguay Round Agreements
                    Act (19 U.S.C. 3521(b)).
              (2) Trade in services.--The principal negotiating
            objective of the United States regarding trade in
            services is to reduce or eliminate barriers to
            international trade in services, including regulatory
            and other barriers that deny national treatment and
            market access or unreasonably restrict the
            establishment or operations of service suppliers.
              (3) Foreign investment.--Recognizing that United
            States law on the whole provides a high level of
            protection for investment, consistent with or greater
            than the level required by international law, the
            principal negotiating objectives of the United States
            regarding foreign investment are to reduce or eliminate
            artificial or trade-distorting barriers to foreign
            investment, while ensuring that foreign investors in
            the United States are not accorded greater substantive
            rights with respect to investment protections than
            United States investors in the United States, and to
            secure for investors important rights comparable to
            those that would be available under United States legal
            principles and practice, by--
                      (A) reducing or eliminating exceptions to the
                    principle of national treatment;
                      (B) freeing the transfer of funds relating to
                    investments;
                      (C) reducing or eliminating performance
                    requirements, forced technology transfers, and
                    other unreasonable barriers to the
                    establishment and operation of investments;
                      (D) seeking to establish standards for
                    expropriation and compensation for
                    expropriation, consistent with United States
                    legal principles and practice;
                      (E) seeking to establish standards for fair
                    and equitable treatment consistent with United
                    States legal principles and practice, including
                    the principle of due process;
                      (F) providing meaningful procedures for
                    resolving investment disputes;
                      (G) seeking to improve mechanisms used to
                    resolve disputes between an investor and a
                    government through--
                              (i) mechanisms to eliminate frivolous
                            claims and to deter the filing of
                            frivolous claims;
                              (ii) procedures to ensure the
                            efficient selection of arbitrators and
                            the expeditious disposition of claims;
                              (iii) procedures to enhance
                            opportunities for public input into the
                            formulation of government positions;
                            and
                              (iv) providing for an appellate body
                            or similar mechanism to provide
                            coherence to the interpretations of
                            investment provisions in trade
                            agreements; and
                      (H) ensuring the fullest measure of
                    transparency in the dispute settlement
                    mechanism, to the extent consistent with the
                    need to protect information that is classified
                    or business confidential, by--
                              (i) ensuring that all requests for
                            dispute settlement are promptly made
                            public;
                              (ii) ensuring that--
                                      (I) all proceedings,
                                    submissions, findings, and
                                    decisions are promptly made
                                    public; and
                                      (II) all hearings are open to
                                    the public; and
                              (iii) establishing a mechanism for
                            acceptance of amicus curiae submissions
                            from businesses, unions, and
                            nongovernmental organizations.
              (4) Intellectual property.--The principal negotiating
            objectives of the United States regarding trade-related
            intellectual property are--
                      (A) to further promote adequate and effective
                    protection of intellectual property rights,
                    including through--
                              (i)(I) ensuring accelerated and full
                            implementation of the Agreement on
                            Trade-Related Aspects of Intellectual
                            Property Rights referred to in section
                            101(d)(15) of the Uruguay Round
                            Agreements Act (19 U.S.C. 3511(d)(15)),
                            particularly with respect to meeting
                            enforcement obligations under that
                            agreement; and
                              (II) ensuring that the provisions of
                            any multilateral or bilateral trade
                            agreement governing intellectual
                            property rights that is entered into by
                            the United States reflect a standard of
                            protection similar to that found in
                            United States law;
                              (ii) providing strong protection for
                            new and emerging technologies and new
                            methods of transmitting and
                            distributing products embodying
                            intellectual property;
                              (iii) preventing or eliminating
                            discrimination with respect to matters
                            affecting the availability,
                            acquisition, scope, maintenance, use,
                            and enforcement of intellectual
                            property rights;
                              (iv) ensuring that standards of
                            protection and enforcement keep pace
                            with technological developments, and in
                            particular ensuring that rightholders
                            have the legal and technological means
                            to control the use of their works
                            through the Internet and other global
                            communication media, and to prevent the
                            unauthorized use of their works; and
                              (v) providing strong enforcement of
                            intellectual property rights, including
                            through accessible, expeditious, and
                            effective civil, administrative, and
                            criminal enforcement mechanisms;
                      (B) to secure fair, equitable, and
                    nondiscriminatory market access opportunities
                    for United States persons that rely upon
                    intellectual property protection; and
                      (C) to respect the Declaration on the TRIPS
                    Agreement and Public Health, adopted by the
                    World Trade Organization at the Fourth
                    Ministerial Conference at Doha, Qatar on
                    November 14, 2001.
              (5) Transparency.--The principal negotiating
            objective of the United States with respect to
            transparency is to obtain wider and broader application
            of the principle of transparency through--
                      (A) increased and more timely public access
                    to information regarding trade issues and the
                    activities of international trade institutions;
                      (B) increased openness at the WTO and other
                    international trade fora by increasing public
                    access to appropriate meetings, proceedings,
                    and submissions, including with regard to
                    dispute settlement and investment; and
                      (C) increased and more timely public access
                    to all notifications and supporting
                    documentation submitted by parties to the WTO.
              (6) Anti-corruption.--The principal negotiating
            objectives of the United States with respect to the use
            of money or other things of value to influence acts,
            decisions, or omissions of foreign governments or
            officials or to secure any improper advantage in a
            manner affecting trade are--
                      (A) to obtain high standards and appropriate
                    domestic enforcement mechanisms applicable to
                    persons from all countries participating in the
                    applicable trade agreement that prohibit such
                    attempts to influence acts, decisions, or
                    omissions of foreign governments; and
                      (B) to ensure that such standards do not
                    place United States persons at a competitive
                    disadvantage in international trade.
              (7) Improvement of the wto and multilateral trade
            agreements.--The principal negotiating objectives of
            the United States regarding the improvement of the
            World Trade Organization, the Uruguay Round Agreements,
            and other multilateral and bilateral trade agreements
            are--
                      (A) to achieve full implementation and extend
                    the coverage of the World Trade Organization
                    and such agreements to products, sectors, and
                    conditions of trade not adequately covered; and
                      (B) to expand country participation in and
                    enhancement of the Information Technology
                    Agreement and other trade agreements.
              (8) Regulatory practices.--The principal negotiating
            objectives of the United States regarding the use of
            government regulation or other practices by foreign
            governments to provide a competitive advantage to their
            domestic producers, service providers, or investors and
            thereby reduce market access for United States goods,
            services, and investments are--
                      (A) to achieve increased transparency and
                    opportunity for the participation of affected
                    parties in the development of regulations;
                      (B) to require that proposed regulations be
                    based on sound science, cost-benefit analysis,
                    risk assessment, or other objective evidence;
                      (C) to establish consultative mechanisms
                    among parties to trade agreements to promote
                    increased transparency in developing
                    guidelines, rules, regulations, and laws for
                    government procurement and other regulatory
                    regimes; and
                      (D) to achieve the elimination of government
                    measures such as price controls and reference
                    pricing which deny full market access for
                    United States products.
              (9) Electronic commerce.--The principal negotiating
            objectives of the United States with respect to
            electronic commerce are--
                      (A) to ensure that current obligations,
                    rules, disciplines, and commitments under the
                    World Trade Organization apply to electronic
                    commerce;
                      (B) to ensure that--
                              (i) electronically delivered goods
                            and services receive no less favorable
                            treatment under trade rules and
                            commitments than like products
                            delivered in physical form; and
                              (ii) the classification of such goods
                            and services ensures the most liberal
                            trade treatment possible;
                      (C) to ensure that governments refrain from
                    implementing trade-related measures that impede
                    electronic commerce;
                      (D) where legitimate policy objectives
                    require domestic regulations that affect
                    electronic commerce, to obtain commitments that
                    any such regulations are the least restrictive
                    on trade, nondiscriminatory, and transparent,
                    and promote an open market environment; and
                      (E) to extend the moratorium of the World
                    Trade Organization on duties on electronic
                    transmissions.
              (10) Reciprocal trade in agriculture.--(A) The
            principal negotiating objective of the United States
            with respect to agriculture is to obtain competitive
            opportunities for United States exports of agricultural
            commodities in foreign markets substantially equivalent
            to the competitive opportunities afforded foreign
            exports in United States markets and to achieve fairer
            and more open conditions of trade in bulk, specialty
            crop, and value-added commodities by--
                      (i) reducing or eliminating, by a date
                    certain, tariffs or other charges that decrease
                    market opportunities for United States
                    exports--
                              (I) giving priority to those products
                            that are subject to significantly
                            higher tariffs or subsidy regimes of
                            major producing countries; and
                              (II) providing reasonable adjustment
                            periods for United States import-
                            sensitive products, in close
                            consultation with the Congress on such
                            products before initiating tariff
                            reduction negotiations;
                      (ii) reducing tariffs to levels that are the
                    same as or lower than those in the United
                    States;
                      (iii) reducing or eliminating subsidies that
                    decrease market opportunities for United States
                    exports or unfairly distort agriculture markets
                    to the detriment of the United States;
                      (iv) allowing the preservation of programs
                    that support family farms and rural communities
                    but do not distort trade;
                      (v) developing disciplines for domestic
                    support programs, so that production that is in
                    excess of domestic food security needs is sold
                    at world prices;
                      (vi) eliminating government policies that
                    create price-depressing surpluses;
                      (vii) eliminating state trading enterprises
                    whenever possible;
                      (viii) developing, strengthening, and
                    clarifying rules and effective dispute
                    settlement mechanisms to eliminate practices
                    that unfairly decrease United States market
                    access opportunities or distort agricultural
                    markets to the detriment of the United States,
                    particularly with respect to import-sensitive
                    products, including--
                              (I) unfair or trade-distorting
                            activities of state trading enterprises
                            and other administrative mechanisms,
                            with emphasis on requiring price
                            transparency in the operation of state
                            trading enterprises and such other
                            mechanisms in order to end cross
                            subsidization, price discrimination,
                            and price undercutting;
                              (II) unjustified trade restrictions
                            or commercial requirements, such as
                            labeling, that affect new technologies,
                            including biotechnology;
                              (III) unjustified sanitary or
                            phytosanitary restrictions, including
                            those not based on scientific
                            principles in contravention of the
                            Uruguay Round Agreements;
                              (IV) other unjustified technical
                            barriers to trade; and
                              (V) restrictive rules in the
                            administration of tariff rate quotas;
                      (ix) eliminating practices that adversely
                    affect trade in perishable or cyclical
                    products, while improving import relief
                    mechanisms to recognize the unique
                    characteristics of perishable and cyclical
                    agriculture;
                      (x) ensuring that import relief mechanisms
                    for perishable and cyclical agriculture are as
                    accessible and timely to growers in the United
                    States as those mechanisms that are used by
                    other countries;
                      (xi) taking into account whether a party to
                    the negotiations has failed to adhere to the
                    provisions of already existing trade agreements
                    with the United States or has circumvented
                    obligations under those agreements;
                      (xii) taking into account whether a product
                    is subject to market distortions by reason of a
                    failure of a major producing country to adhere
                    to the provisions of already existing trade
                    agreements with the United States or by the
                    circumvention by that country of its
                    obligations under those agreements;
                      (xiii) otherwise ensuring that countries that
                    accede to the World Trade Organization have
                    made meaningful market liberalization
                    commitments in agriculture;
                      (xiv) taking into account the impact that
                    agreements covering agriculture to which the
                    United States is a party, including the North
                    American Free Trade Agreement, have on the
                    United States agricultural industry;
                      (xv) maintaining bona fide food assistance
                    programs and preserving United States market
                    development and export credit programs; and
                      (xvi) striving to complete a general
                    multilateral round in the World Trade
                    Organization by January 1, 2005, and seeking
                    the broadest market access possible in
                    multilateral, regional, and bilateral
                    negotiations, recognizing the effect that
                    simultaneous sets of negotiations may have on
                    United States import-sensitive commodities
                    (including those subject to tariff-rate
                    quotas).
              (B)(i) Before commencing negotiations with respect to
            agriculture, the United States Trade Representative, in
            consultation with the Congress, shall seek to develop a
            position on the treatment of seasonal and perishable
            agricultural products to be employed in the
            negotiations in order to develop an international
            consensus on the treatment of seasonal or perishable
            agricultural products in investigations relating to
            dumping and safeguards and in any other relevant area.
              (ii) During any negotiations on agricultural
            subsidies, the United States Trade Representative shall
            seek to establish the common base year for calculating
            the Aggregated Measurement of Support (as defined in
            the Agreement on Agriculture) as the end of each
            country's Uruguay Round implementation period, as
            reported in each country's Uruguay Round market access
            schedule.
              (iii) The negotiating objective provided in
            subparagraph (A) applies with respect to agricultural
            matters to be addressed in any trade agreement entered
            into under section 2103(a) or (b), including any trade
            agreement entered into under section 2103(a) or (b)
            that provides for accession to a trade agreement to
            which the United States is already a party, such as the
            North American Free Trade Agreement and the United
            States-Canada Free Trade Agreement.
              (11) Labor and the environment.--The principal
            negotiating objectives of the United States with
            respect to labor and the environment are--
                      (A) to ensure that a party to a trade
                    agreement with the United States does not fail
                    to effectively enforce its environmental or
                    labor laws, through a sustained or recurring
                    course of action or inaction, in a manner
                    affecting trade between the United States and
                    that party after entry into force of a trade
                    agreement between those countries;
                      (B) to recognize that parties to a trade
                    agreement retain the right to exercise
                    discretion with respect to investigatory,
                    prosecutorial, regulatory, and compliance
                    matters and to make decisions regarding the
                    allocation of resources to enforcement with
                    respect to other labor or environmental matters
                    determined to have higher priorities, and to
                    recognize that a country is effectively
                    enforcing its laws if a course of action or
                    inaction reflects a reasonable exercise of such
                    discretion, or results from a bona fide
                    decision regarding the allocation of resources,
                    and no retaliation may be authorized based on
                    the exercise of these rights or the right to
                    establish domestic labor standards and levels
                    of environmental protection;
                      (C) to strengthen the capacity of United
                    States trading partners to promote respect for
                    core labor standards (as defined in section
                    2113(6));
                      (D) to strengthen the capacity of United
                    States trading partners to protect the
                    environment through the promotion of
                    sustainable development;
                      (E) to reduce or eliminate government
                    practices or policies that unduly threaten
                    sustainable development;
                      (F) to seek market access, through the
                    elimination of tariffs and nontariff barriers,
                    for United States environmental technologies,
                    goods, and services; and
                      (G) to ensure that labor, environmental,
                    health, or safety policies and practices of the
                    parties to trade agreements with the United
                    States do not arbitrarily or unjustifiably
                    discriminate against United States exports or
                    serve as disguised barriers to trade.
              (12) Dispute settlement and enforcement.--The
            principal negotiating objectives of the United States
            with respect to dispute settlement and enforcement of
            trade agreements are--
                      (A) to seek provisions in trade agreements
                    providing for resolution of disputes between
                    governments under those trade agreements in an
                    effective, timely, transparent, equitable, and
                    reasoned manner, requiring determinations based
                    on facts and the principles of the agreements,
                    with the goal of increasing compliance with the
                    agreements;
                      (B) to seek to strengthen the capacity of the
                    Trade Policy Review Mechanism of the World
                    Trade Organization to review compliance with
                    commitments;
                      (C) to seek adherence by panels convened
                    under the Dispute Settlement Understanding and
                    by the Appellate Body to the standard of review
                    applicable under the Uruguay Round Agreement
                    involved in the dispute, including greater
                    deference, where appropriate, to the fact-
                    finding and technical expertise of national
                    investigating authorities;
                      (D) to seek provisions encouraging the early
                    identification and settlement of disputes
                    through consultation;
                      (E) to seek provisions to encourage the
                    provision of trade-expanding compensation if a
                    party to a dispute under the agreement does not
                    come into compliance with its obligations under
                    the agreement;
                      (F) to seek provisions to impose a penalty
                    upon a party to a dispute under the agreement
                    that--
                              (i) encourages compliance with the
                            obligations of the agreement;
                              (ii) is appropriate to the parties,
                            nature, subject matter, and scope of
                            the violation; and
                              (iii) has the aim of not adversely
                            affecting parties or interests not
                            party to the dispute while maintaining
                            the effectiveness of the enforcement
                            mechanism; and
                      (G) to seek provisions that treat United
                    States principal negotiating objectives equally
                    with respect to--
                              (i) the ability to resort to dispute
                            settlement under the applicable
                            agreement;
                              (ii) the availability of equivalent
                            dispute settlement procedures; and
                              (iii) the availability of equivalent
                            remedies.
              (13) WTO extended negotiations.--The principal
            negotiating objectives of the United States regarding
            trade in civil aircraft are those set forth in section
            135(c) of the Uruguay Round Agreements Act (19 U.S.C.
            3355(c)) and regarding rules of origin are the
            conclusion of an agreement described in section 132 of
            that Act (19 U.S.C. 3552).
              (14) Trade remedy laws.--The principal negotiating
            objectives of the United States with respect to trade
            remedy laws are--
                      (A) to preserve the ability of the United
                    States to enforce rigorously its trade laws,
                    including the antidumping, countervailing duty,
                    and safeguard laws, and avoid agreements that
                    lessen the effectiveness of domestic and
                    international disciplines on unfair trade,
                    especially dumping and subsidies, or that
                    lessen the effectiveness of domestic and
                    international safeguard provisions, in order to
                    ensure that United States workers, agricultural
                    producers, and firms can compete fully on fair
                    terms and enjoy the benefits of reciprocal
                    trade concessions; and
                      (B) to address and remedy market distortions
                    that lead to dumping and subsidization,
                    including overcapacity, cartelization, and
                    market-access barriers.
              (15) Border taxes.--The principal negotiating
            objective of the United States regarding border taxes
            is to obtain a revision of the WTO rules with respect
            to the treatment of border adjustments for internal
            taxes to redress the disadvantage to countries relying
            primarily on direct taxes for revenue rather than
            indirect taxes.
              (16) Textile negotiations.--The principal negotiating
            objectives of the United States with respect to trade
            in textiles and apparel articles are to obtain
            competitive opportunities for United States exports of
            textiles and apparel in foreign markets substantially
            equivalent to the competitive opportunities afforded
            foreign exports in United States markets and to achieve
            fairer and more open conditions of trade in textiles
            and apparel.
              (17) Worst forms of child labor.--The principal
            negotiating objective of the United States with respect
            to the trade-related aspects of the worst forms of
            child labor are to seek commitments by parties to trade
            agreements to vigorously enforce their own laws
            prohibiting the worst forms of child labor.
      (c) Promotion of Certain Priorities.--In order to address and
    maintain United States competitiveness in the global economy,
    the President shall--
              (1) seek greater cooperation between the WTO and the
            ILO;
              (2) seek to establish consultative mechanisms among
            parties to trade agreements to strengthen the capacity
            of United States trading partners to promote respect
            for core labor standards (as defined in section
            2113(6)) and to promote compliance with ILO Convention
            No. 182 Concerning the Prohibition and Immediate Action
            for the Elimination of the Worst Forms of Child Labor,
            and report to the Committee on Ways and Means of the
            House of Representatives and the Committee on Finance
            of the Senate on the content and operation of such
            mechanisms;
              (3) seek to establish consultative mechanisms among
            parties to trade agreements to strengthen the capacity
            of United States trading partners to develop and
            implement standards for the protection of the
            environment and human health based on sound science,
            and report to the Committee on Ways and Means of the
            House of Representatives and the Committee on Finance
            of the Senate on the content and operation of such
            mechanisms;
              (4) conduct environmental reviews of future trade and
            investment agreements, consistent with Executive Order
            13141 of November 16, 1999, and its relevant
            guidelines, and report to the Committee on Ways and
            Means of the House of Representatives and the Committee
            on Finance of the Senate on such reviews;
              (5) review the impact of future trade agreements on
            United States employment, including labor markets,
            modeled after Executive Order 13141 to the extent
            appropriate in establishing procedures and criteria,
            report to the Committee on Ways and Means of the House
            of Representatives and the Committee on Finance of the
            Senate on such review, and make that report available
            to the public;
              (6) take into account other legitimate United States
            domestic objectives including, but not limited to, the
            protection of legitimate health or safety, essential
            security, and consumer interests and the law and
            regulations related thereto;
              (7) direct the Secretary of Labor to consult with any
            country seeking a trade agreement with the United
            States concerning that country's labor laws and provide
            technical assistance to that country if needed;
              (8) in connection with any trade negotiations entered
            into under this title,\5\ submit to the Committee on
            Ways and Means of the House of Representatives and the
            Committee on Finance of the Senate a meaningful labor
            rights report of the country, or countries, with
            respect to which the President is negotiating, on a
            time frame determined in accordance with section
            2107(b)(2)(E);
    ---------------------------------------------------------------------------
        \5\ Sec. 2004(a)(16)(A) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
    ``this Act'' and inserted in lieu thereof ``this title''.
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              (9) with respect to any trade agreement which the
            President seeks to implement under trade authorities
            procedures, submit to the Congress a report describing
            the extent to which the country or countries that are
            parties to the agreement have in effect laws governing
            exploitative child labor;
              (10) continue to promote consideration of
            multilateral environmental agreements and consult with
            parties to such agreements regarding the consistency of
            any such agreement that includes trade measures with
            existing environmental exceptions under Article XX of
            the GATT 1994;
              (11) report to the Committee on Ways and Means of the
            House of Representatives and the Committee on Finance
            of the Senate, not later than 12 months after the
            imposition of a penalty or remedy by the United States
            permitted by a trade agreement to which this title
            applies, on the effectiveness of the penalty or remedy
            applied under United States law in enforcing United
            States rights under the trade agreement; and
              (12) seek to establish consultative mechanisms among
            parties to trade agreements to examine the trade
            consequences of significant and unanticipated currency
            movements and to scrutinize whether a foreign
            government is engaged \6\ in a pattern of manipulating
            its currency to promote a competitive advantage in
            international trade.
    ---------------------------------------------------------------------------
        \6\ Sec. 2004(a)(16)(B) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
    ``government engaged'' and inserted in lieu thereof ``government is
    engaged''.
    ---------------------------------------------------------------------------
    The report under paragraph (11) shall address whether the
    penalty or remedy was effective in changing the behavior of the
    targeted party and whether the penalty or remedy had any
    adverse impact on parties or interests not party to the
    dispute.
      (d) Consultations.--
              (1) Consultations with congressional advisers.--In
            the course of negotiations conducted under this title,
            the United States Trade Representative shall consult
            closely and on a timely basis with, and keep fully
            apprised of the negotiations, the Congressional
            Oversight Group convened under section 2107 and all
            committees of the House of Representatives and the
            Senate with jurisdiction over laws that would be
            affected by a trade agreement resulting from the
            negotiations.
              (2) Consultation before agreement initialed.--In the
            course of negotiations conducted under this title, the
            United States Trade Representative shall--
                      (A) consult closely and on a timely basis
                    (including immediately before initialing an
                    agreement) with, and keep fully apprised of the
                    negotiations, the congressional advisers for
                    trade policy and negotiations appointed under
                    section 161 of the Trade Act of 1974 (19 U.S.C.
                    2211), the Committee on Ways and Means of the
                    House of Representatives, the Committee on
                    Finance of the Senate, and the Congressional
                    Oversight Group convened under section 2107;
                    and
                      (B) with regard to any negotiations and
                    agreement relating to agricultural trade, also
                    consult closely and on a timely basis
                    (including immediately before initialing an
                    agreement) with, and keep fully apprised of the
                    negotiations, the Committee on Agriculture of
                    the House of Representatives and the Committee
                    on Agriculture, Nutrition, and Forestry of the
                    Senate.
      (e) Adherence to Obligations Under Uruguay Round
    Agreements.--In determining whether to enter into negotiations
    with a particular country, the President shall take into
    account the extent to which that country has implemented, or
    has accelerated the implementation of, its obligations under
    the Uruguay Round Agreements.

    SEC. 2103.\7\ TRADE AGREEMENTS AUTHORITY.

      (a) Agreements Regarding Tariff Barriers.--
    ---------------------------------------------------------------------------
        \7\ 19 U.S.C. 3803.
    ---------------------------------------------------------------------------
              (1) In general.--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 that the purposes,
            policies, priorities, and objectives of this title will
            be promoted thereby, the President--
                      (A) may enter into trade agreements with
                    foreign countries before--
                              (i) July 1, 2005; \8\ or
    ---------------------------------------------------------------------------
        \8\ Sec. 2004(a)(17) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
    ``June 1'' and inserted in lieu thereof ``July 1''.
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                              (ii) July 1, 2007,\8\ if trade
                            authorities procedures are extended
                            under subsection (c); and
                      (B) may, subject to paragraphs (2) and (3),
                    proclaim--
                              (i) such modification or continuance
                            of any existing duty,
                              (ii) such continuance of existing
                            duty-free or excise treatment, or
                              (iii) such additional duties,
                    as the President determines to be required or
                    appropriate to carry out any such trade
                    agreement.
            The President shall notify the Congress of the
            President's intention to enter into an agreement under
            this subsection.
              (2) Limitations.--No proclamation may be made under
            paragraph (1) that--
                      (A) reduces any rate of duty (other than a
                    rate of duty that does not exceed 5 percent ad
                    valorem on the date of the enactment of this
                    Act) to a rate of duty which is less than 50
                    percent of the rate of such duty that applies
                    on such date of enactment;
                      (B) reduces the rate of duty below that
                    applicable under the Uruguay Round Agreements,
                    on any import sensitive agricultural product;
                    or
                      (C) increases any rate of duty above the rate
                    that applied on the date of the enactment of
                    this Act.
              (3) Aggregate reduction; exemption from staging.--
                      (A) Aggregate reduction.--Except as provided
                    in subparagraph (B), the aggregate reduction in
                    the rate of duty on any article which is in
                    effect on any day pursuant to a trade agreement
                    entered into under paragraph (1) shall not
                    exceed the aggregate reduction which would have
                    been in effect on such day if--
                              (i) a reduction of 3 percent ad
                            valorem or a reduction of one-tenth of
                            the total reduction, whichever is
                            greater, had taken effect on the
                            effective date of the first reduction
                            proclaimed under paragraph (1) to carry
                            out such agreement with respect to such
                            article; and
                              (ii) a reduction equal to the amount
                            applicable under clause (i) had taken
                            effect at 1-year intervals after the
                            effective date of such first reduction.
                      (B) Exemption from staging.--No staging is
                    required under subparagraph (A) with respect to
                    a duty reduction that is proclaimed under
                    paragraph (1) for an article of a kind that is
                    not produced in the United States. The United
                    States International Trade Commission shall
                    advise the President of the identity of
                    articles that may be exempted from staging
                    under this subparagraph.
              (4) Rounding.--If the President determines that such
            action will simplify the computation of reductions
            under paragraph (3), the President may round an annual
            reduction by an amount equal to the lesser of--
                      (A) the difference between the reduction
                    without regard to this paragraph and the next
                    lower whole number; or
                      (B) one-half of 1 percent ad valorem.
              (5) Other limitations.--A rate of duty reduction that
            may not be proclaimed by reason of paragraph (2) may
            take effect only if a provision authorizing such
            reduction is included within an implementing bill
            provided for under section 2105 and that bill is
            enacted into law.
              (6) Other tariff modifications.--Notwithstanding
            paragraphs (1)(B), (2)(A), (2)(C), and (3) through (5),
            and subject to the consultation and layover
            requirements of section 115 of the Uruguay Round
            Agreements Act, the President may proclaim the
            modification of any duty or staged rate reduction of
            any duty set forth in Schedule XX, as defined in
            section 2(5) of that Act, if the United States agrees
            to such modification or staged rate reduction in a
            negotiation for the reciprocal elimination or
            harmonization of duties under the auspices of the World
            Trade Organization.
              (7) Authority under uruguay round agreements act not
            affected.--Nothing in this subsection shall limit the
            authority provided to the President under section
            111(b) of the Uruguay Round Agreements Act (19 U.S.C.
            3521(b)).
      (b) Agreements Regarding Tariff and Nontariff Barriers.--
              (1) In general.--(A) Whenever the President
            determines that--
                      (i) one or more existing duties or any other
                    import restriction of any foreign country or
                    the United States or any other barrier to, or
                    other distortion of, international trade unduly
                    burdens or restricts the foreign trade of the
                    United States or adversely affects the United
                    States economy, or
                      (ii) the imposition of any such barrier or
                    distortion is likely to result in such a
                    burden, restriction, or effect,
            and that the purposes, policies, priorities, and
            objectives of this title will be promoted thereby, the
            President may enter into a trade agreement described in
            subparagraph (B) during the period described in
            subparagraph (C).
              (B) The President may enter into a trade agreement
            under subparagraph (A) with foreign countries providing
            for--
                      (i) the reduction or elimination of a duty,
                    restriction, barrier, or other distortion
                    described in subparagraph (A); or
                      (ii) the prohibition of, or limitation on the
                    imposition of, such barrier or other
                    distortion.
              (C) The President may enter into a trade agreement
            under this paragraph before--
                      (i) July 1, 2005; \8\ or
                      (ii) July 1, 2007,\8\ if trade authorities
                    procedures are extended under subsection (c).
              (2) Conditions.--A trade agreement may be entered
            into under this subsection only if such agreement makes
            progress in meeting the applicable objectives described
            in section 2102(a) and (b) and the President satisfies
            the conditions set forth in section 2104.
              (3) Bills qualifying for trade authorities
            procedures.--(A) The provisions of section 151 of the
            Trade Act of 1974 (in this title referred to as ``trade
            authorities procedures'') apply to a bill of either
            House of Congress which contains provisions described
            in subparagraph (B) to the same extent as such section
            151 applies to implementing bills under that section. A
            bill to which this paragraph applies shall hereafter in
            this title be referred to as an ``implementing bill''.
              (B) The provisions referred to in subparagraph (A)
            are--
                      (i) a provision approving a trade agreement
                    entered into under this subsection and
                    approving the statement of administrative
                    action, if any, proposed to implement such
                    trade agreement; and
                      (ii) if changes in existing laws or new
                    statutory authority are required to implement
                    such trade agreement or agreements, provisions,
                    necessary or appropriate to implement such
                    trade agreement or agreements, either repealing
                    or amending existing laws or providing new
                    statutory authority.
      (c) Extension Disapproval Process for Congressional Trade
    Authorities Procedures.--
              (1) In general.--Except as provided in section
            2105(b)--
                      (A) the trade authorities procedures apply to
                    implementing bills submitted with respect to
                    trade agreements entered into under subsection
                    (b) before July 1, 2005; and
                      (B) the trade authorities procedures shall be
                    extended to implementing bills submitted with
                    respect to trade agreements entered into under
                    subsection (b) after June 30, 2005, and before
                    July 1, 2007, if (and only if)--
                              (i) the President requests such
                            extension under paragraph (2); and
                              (ii) neither House of the Congress
                            adopts an extension disapproval
                            resolution under paragraph (5) before
                            July 1, 2005.\8\
              (2) Report to congress by the president.--If the
            President is of the opinion that the trade authorities
            procedures should be extended to implementing bills
            described in paragraph (1)(B), the President shall
            submit to the Congress, not later than April 1,
            2005,\9\ a written report that contains a request for
            such extension, together with--
    ---------------------------------------------------------------------------
        \9\ Sec. 2004(a)(17)(C)(ii) of the Miscellaneous Trade and
    Technical Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591)
    struck out ``March 1'' and inserted in lieu thereof ``April 1''.
    ---------------------------------------------------------------------------
                      (A) a description of all trade agreements
                    that have been negotiated under subsection (b)
                    and the anticipated schedule for submitting
                    such agreements to the Congress for approval;
                      (B) a description of the progress that has
                    been made in negotiations to achieve the
                    purposes, policies, priorities, and objectives
                    of this title, and a statement that such
                    progress justifies the continuation of
                    negotiations; and
                      (C) a statement of the reasons why the
                    extension is needed to complete the
                    negotiations.
              (3) Other reports to congress.--
                      (A) Report by the advisory committee.--The
                    President shall promptly inform the Advisory
                    Committee for Trade Policy and Negotiations
                    established under section 135 of the Trade Act
                    of 1974 (19 U.S.C. 2155) of the President's
                    decision to submit a report to the Congress
                    under paragraph (2). The Advisory Committee
                    shall submit to the Congress as soon as
                    practicable, but not later than June 1,
                    2005,\10\ a written report that contains--
    ---------------------------------------------------------------------------
        \10\ Sec. 2004(a)(17)(C)(iii) of the Miscellaneous Trade and
    Technical Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591)
    struck out ``May 1'' and inserted in lieu thereof ``June 1''.
    ---------------------------------------------------------------------------
                              (i) its views regarding the progress
                            that has been made in negotiations to
                            achieve the purposes, policies,
                            priorities, and objectives of this
                            title; and
                              (ii) a statement of its views, and
                            the reasons therefor, regarding whether
                            the extension requested under paragraph
                            (2) should be approved or disapproved.
                      (B) Report by itc.--The President shall
                    promptly inform the International Trade
                    Commission of the President's decision to
                    submit a report to the Congress under paragraph
                    (2). The International Trade Commission shall
                    submit to the Congress as soon as practicable,
                    but not later than June 1, 2005,\10\ a written
                    report that contains a review and analysis of
                    the economic impact on the United States of all
                    trade agreements implemented between the date
                    of enactment of this Act and the date on which
                    the President decides to seek an extension
                    requested under paragraph (2).
              (4) Status of reports.--The reports submitted to the
            Congress under paragraphs (2) and (3), or any portion
            of such reports, may be classified to the extent the
            President determines appropriate.
              (5) Extension disapproval resolutions.--(A) For
            purposes of paragraph (1), the term ``extension
            disapproval resolution'' means a resolution of either
            House of the Congress, the sole matter after the
            resolving clause of which is as follows: ``That the __
            disapproves the request of the President for the
            extension, under section 2103(c)(1)(B)(i) of the
            Bipartisan Trade Promotion Authority Act of 2002, of
            the trade authorities procedures under that Act to any
            implementing bill submitted with respect to any trade
            agreement entered into under section 2103(b) of that
            Act after June 30, 2005.'', with the blank space being
            filled with the name of the resolving House of the
            Congress.
              (B) Extension disapproval resolutions--
                      (i) may be introduced in either House of the
                    Congress by any member of such House; and
                      (ii) shall be referred, in the House of
                    Representatives, to the Committee on Ways and
                    Means and, in addition, to the Committee on
                    Rules.
              (C) The provisions of section 152(d) and (e) of the
            Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
            to the floor consideration of certain resolutions in
            the House and Senate) apply to extension disapproval
            resolutions.
              (D) It is not in order for--
                      (i) the Senate to consider any extension
                    disapproval resolution not reported by the
                    Committee on Finance;
                      (ii) the House of Representatives to consider
                    any extension disapproval resolution not
                    reported by the Committee on Ways and Means
                    and, in addition, by the Committee on Rules; or
                      (iii) either House of the Congress to
                    consider an extension disapproval resolution
                    after June 30, 2005.
      (d) Commencement of Negotiations.--In order to contribute to
    the continued economic expansion of the United States, the
    President shall commence negotiations covering tariff and
    nontariff barriers affecting any industry, product, or service
    sector, and expand existing sectoral agreements to countries
    that are not parties to those agreements, in cases where the
    President determines that such negotiations are feasible and
    timely and would benefit the United States. Such sectors
    include agriculture, commercial services, intellectual property
    rights, industrial and capital goods, government procurement,
    information technology products, environmental technology and
    services, medical equipment and services, civil aircraft, and
    infrastructure products. In so doing, the President shall take
    into account all of the principal negotiating objectives set
    forth in section 2102(b).

    SEC. 2104.\11\ CONSULTATIONS AND ASSESSMENT.

      (a) Notice and Consultation Before Negotiation.--The
    President, with respect to any agreement that is subject to the
    provisions of section 2103(b), shall--
    ---------------------------------------------------------------------------
        \11\ 19 U.S.C. 3804.
    ---------------------------------------------------------------------------
              (1) provide, at least 90 calendar days before
            initiating negotiations, written notice to the Congress
            of the President's intention to enter into the
            negotiations and set forth therein the date the
            President intends to initiate such negotiations, the
            specific United States objectives for the negotiations,
            and whether the President intends to seek an agreement,
            or changes to an existing agreement;
              (2) before and after submission of the notice,
            consult regarding the negotiations with the Committee
            on Finance of the Senate and the Committee on Ways and
            Means of the House of Representatives, such other
            committees of the House and Senate as the President
            deems appropriate, and the Congressional Oversight
            group convened under section 2107; and
              (3) upon the request of a majority of the members of
            the Congressional Oversight Group under section
            2107(c), meet with the Congressional Oversight Group
            before initiating the negotiations or at any other time
            concerning the negotiations.
      (b) Negotiations Regarding Agriculture.--
              (1) In general.--Before initiating or continuing
            negotiations the subject matter of which is directly
            related to the subject matter under section
            2102(b)(10)(A)(i) with any country, the President shall
            assess whether United States tariffs on agricultural
            products that were bound under the Uruguay Round
            Agreements are lower than the tariffs bound by that
            country. In addition, the President shall consider
            whether the tariff levels bound and applied throughout
            the world with respect to imports from the United
            States are higher than United States tariffs and
            whether the negotiation provides an opportunity to
            address any such disparity. The President shall consult
            with the Committee on Ways and Means and the Committee
            on Agriculture of the House of Representatives and the
            Committee on Finance and the Committee on Agriculture,
            Nutrition, and Forestry of the Senate concerning the
            results of the assessment, whether it is appropriate
            for the United States to agree to further tariff
            reductions based on the conclusions reached in the
            assessment, and how all applicable negotiating
            objectives will be met.
              (2) Special consultations on import sensitive
            products.--(A) Before initiating negotiations with
            regard to agriculture, and, with respect to the Free
            Trade Area for the Americas and negotiations with
            regard to agriculture under the auspices of the World
            Trade Organization, as soon as practicable after the
            enactment of this Act, the United States Trade
            Representative shall--
                      (i) identify those agricultural products
                    subject to tariff-rate quotas on the date of
                    enactment of this Act, and agricultural
                    products subject to tariff reductions by the
                    United States as a result of the Uruguay Round
                    Agreements, for which the rate of duty was
                    reduced on January 1, 1995, to a rate which was
                    not less than 97.5 percent of the rate of duty
                    that applied to such article on December 31,
                    1994;
                      (ii) consult with the Committee on Ways and
                    Means and the Committee on Agriculture of the
                    House of Representatives and the Committee on
                    Finance and the Committee on Agriculture,
                    Nutrition, and Forestry of the Senate
                    concerning--
                              (I) whether any further tariff
                            reductions on the products identified
                            under clause (i) should be appropriate,
                            taking into account the impact of any
                            such tariff reduction on the United
                            States industry producing the product
                            concerned;
                              (II) whether the products so
                            identified face unjustified sanitary or
                            phytosanitary restrictions, including
                            those not based on scientific
                            principles in contravention of the
                            Uruguay Round Agreements; and
                              (III) whether the countries
                            participating in the negotiations
                            maintain export subsidies or other
                            programs, policies, or practices that
                            distort world trade in such products
                            and the impact of such programs,
                            policies, and practices on United
                            States producers of the products;
                      (iii) request that the International Trade
                    Commission prepare an assessment of the
                    probable economic effects of any such tariff
                    reduction on the United States industry
                    producing the product concerned and on the
                    United States economy as a whole; and
                      (iv) upon complying with clauses (i), (ii),
                    and (iii), notify the Committee on Ways and
                    Means and the Committee on Agriculture of the
                    House of Representatives and the Committee on
                    Finance and the Committee on Agriculture,
                    Nutrition, and Forestry of the Senate of those
                    products identified under clause (i) for which
                    the Trade Representative intends to seek tariff
                    liberalization in the negotiations and the
                    reasons for seeking such tariff liberalization.
              (B) If, after negotiations described in subparagraph
            (A) are commenced--
                      (i) the United States Trade Representative
                    identifies any additional agricultural product
                    described in subparagraph (A)(i) for tariff
                    reductions which were not the subject of a
                    notification under subparagraph (A)(iv), or
                      (ii) any additional agricultural product
                    described in subparagraph (A)(i) is the subject
                    of a request for tariff reductions by a party
                    to the negotiations,
            the Trade Representative shall, as soon as practicable,
            notify the committees referred to in subparagraph
            (A)(iv) of those products and the reasons for seeking
            such tariff reductions.
              (3) Negotiations regarding the fishing industry.--
            Before initiating, or continuing, negotiations which
            directly relate to fish or shellfish trade with any
            country, the President shall consult with the Committee
            on Ways and Means and the Committee on Resources of the
            House of Representatives, and the Committee on Finance
            and the Committee on Commerce, Science, and
            Transportation of the Senate, and shall keep the
            Committees apprised of negotiations on an ongoing and
            timely basis.
      (c) Negotiations Regarding Textiles.--Before initiating or
    continuing negotiations the subject matter of which is directly
    related to textiles and apparel products with any country, the
    President shall assess whether United States tariffs on textile
    and apparel products that were bound under the Uruguay Round
    Agreements are lower than the tariffs bound by that country and
    whether the negotiation provides an opportunity to address any
    such disparity. The President shall consult with the Committee
    on Ways and Means of the House of Representatives and the
    Committee on Finance of the Senate concerning the results of
    the assessment, whether it is appropriate for the United States
    to agree to further tariff reductions based on the conclusions
    reached in the assessment, and how all applicable negotiating
    objectives will be met.
      (d) Consultation With Congress Before Agreements Entered
    Into.--
              (1) Consultation.--Before entering into any trade
            agreement under section 2103(b), the President shall
            consult with--
                      (A) the Committee on Ways and Means of the
                    House of Representatives and the Committee on
                    Finance of the Senate;
                      (B) each other committee of the House and the
                    Senate, and each joint committee of the
                    Congress, which has jurisdiction over
                    legislation involving subject matters which
                    would be affected by the trade agreement; and
                      (C) the Congressional Oversight Group
                    convened under section 2107.
              (2) Scope.--The consultation described in paragraph
            (1) shall include consultation with respect to--
                      (A) the nature of the agreement;
                      (B) how and to what extent the agreement will
                    achieve the applicable purposes, policies,
                    priorities, and objectives of this title; and
                      (C) the implementation of the agreement under
                    section 2105, including the general effect of
                    the agreement on existing laws.
              (3) Report regarding united states trade remedy
            laws.--
                      (A) Changes in certain trade laws.--The
                    President, at least 180 calendar days before
                    the day on which the President enters into a
                    trade agreement under section 2103(b), shall
                    report to the Committee on Ways and Means of
                    the House of Representatives and the Committee
                    on Finance of the Senate--
                              (i) the range of proposals advanced
                            in the negotiations with respect to
                            that agreement, that may be in the
                            final agreement, and that could require
                            amendments to title VII of the Tariff
                            Act of 1930 or to chapter 1 of title II
                            of the Trade Act of 1974; and
                              (ii) how these proposals relate to
                            the objectives described in section
                            2102(b)(14).
                      (B) Certain agreements.--With respect to a
                    trade agreement entered into with Chile or
                    Singapore, the report referred to in
                    subparagraph (A) shall be submitted by the
                    President at least 90 calendar days before the
                    day on which the President enters into that
                    agreement.
                      (C) Resolutions.--(i) At any time after the
                    transmission of the report under subparagraph
                    (A), if a resolution is introduced with respect
                    to that report in either House of Congress, the
                    procedures set forth in clauses (iii) through
                    (vi) shall apply to that resolution if--
                              (I) no other resolution with respect
                            to that report has previously been
                            reported in that House of Congress by
                            the Committee on Ways and Means or the
                            Committee on Finance, as the case may
                            be, pursuant to those procedures; and
                              (II) no procedural disapproval
                            resolution under section 2105(b)
                            introduced with respect to a trade
                            agreement entered into pursuant to the
                            negotiations to which the report under
                            subparagraph (A) relates has previously
                            been reported in that House of Congress
                            by the Committee on Ways and Means or
                            the Committee on Finance, as the case
                            may be.
                      (ii) For purposes of this subparagraph, the
                    term ``resolution'' means only a resolution of
                    either House of Congress, the matter after the
                    resolving clause of which is as follows: ``That
                    the __ finds that the proposed changes to
                    United States trade remedy laws contained in
                    the report of the President transmitted to the
                    Congress on __ under section 2104(d)(3) of the
                    Bipartisan Trade Promotion Authority Act of
                    2002 with respect to __, are inconsistent with
                    the negotiating objectives described in section
                    2102(b)(14) of that Act.'', with the first
                    blank space being filled with the name of the
                    resolving House of Congress, the second blank
                    space being filled with the appropriate date of
                    the report, and the third blank space being
                    filled with the name of the country or
                    countries involved.
                      (iii) Resolutions in the House of
                    Representatives--
                              (I) may be introduced by any Member
                            of the House;
                              (II) shall be referred to the
                            Committee on Ways and Means and, in
                            addition, to the Committee on Rules;
                            and
                              (III) may not be amended by either
                            Committee.
                      (iv) Resolutions in the Senate--
                              (I) may be introduced by any Member
                            of the Senate;
                              (II) shall be referred to the
                            Committee on Finance; and
                              (III) may not be amended.
                      (iv) It is not in order for the House of
                    Representatives to consider any resolution that
                    is not reported by the Committee on Ways and
                    Means and, in addition, by the Committee on
                    Rules.
                      (v) It is not in order for the Senate to
                    consider any resolution that is not reported by
                    the Committee on Finance.
                      (vi) The provisions of section 152(d) and (e)
                    of the Trade Act of 1974 (19 U.S.C. 2192(d) and
                    (e)) (relating to floor consideration of
                    certain resolutions in the House and Senate)
                    shall apply to resolutions.
      (e) Advisory Committee Reports.--The report required under
    section 135(e)(1) of the Trade Act of 1974 regarding any trade
    agreement entered into under section 2103(a) or (b) of this Act
    shall be provided to the President, the Congress, and the
    United States Trade Representative not later than 30 days after
    the date on which the President notifies the Congress under
    section 2103(a)(1) or 2105(a)(1)(A) of the President's
    intention to enter into the agreement.
      (f) ITC Assessment.--
              (1) In general.--The President, at least 90 calendar
            days before the day on which the President enters into
            a trade agreement under section 2103(b), shall provide
            the International Trade Commission (referred to in this
            subsection as ``the Commission'') with the details of
            the agreement as it exists at that time and request the
            Commission to prepare and submit an assessment of the
            agreement as described in paragraph (2). Between the
            time the President makes the request under this
            paragraph and the time the Commission submits the
            assessment, the President shall keep the Commission
            current with respect to the details of the agreement.
              (2) ITC assessment.--Not later than 90 calendar days
            after the President enters into the agreement, the
            Commission shall submit to the President and the
            Congress a report assessing the likely impact of the
            agreement on the United States economy as a whole and
            on specific industry sectors, including the impact the
            agreement will have on the gross domestic product,
            exports and imports, aggregate employment and
            employment opportunities, the production, employment,
            and competitive position of industries likely to be
            significantly affected by the agreement, and the
            interests of United States consumers.
              (3) Review of empirical literature.--In preparing the
            assessment, the Commission shall review available
            economic assessments regarding the agreement, including
            literature regarding any substantially equivalent
            proposed agreement, and shall provide in its assessment
            a description of the analyses used and conclusions
            drawn in such literature, and a discussion of areas of
            consensus and divergence between the various analyses
            and conclusions, including those of the Commission
            regarding the agreement.

    SEC. 2105.\12\ IMPLEMENTATION OF TRADE AGREEMENTS.

      (a) In General.--
    ---------------------------------------------------------------------------
        \12\ 19 U.S.C. 3805.
    ---------------------------------------------------------------------------
              (1) Notification and submission.--Any agreement
            entered into under section 2103(b) shall enter into
            force with respect to the United States if (and only
            if)--
                      (A) the President, at least 90 calendar days
                    before the day on which the President enters
                    into the trade agreement, notifies the House of
                    Representatives and the Senate of the
                    President's intention to enter into the
                    agreement, and promptly thereafter publishes
                    notice of such intention in the Federal
                    Register;
                      (B) within 60 days after entering into the
                    agreement, the President submits to the
                    Congress a description of those changes to
                    existing laws that the President considers
                    would be required in order to bring the United
                    States into compliance with the agreement;
                      (C) after entering into the agreement, the
                    President submits to the Congress, on a day on
                    which both Houses of Congress are in session, a
                    copy of the final legal text of the agreement,
                    together with--
                              (i) a draft of an implementing bill
                            described in section 2103(b)(3);
                              (ii) a statement of any
                            administrative action proposed to
                            implement the trade agreement; and
                              (iii) the supporting information
                            described in paragraph (2); and
                      (D) the implementing bill is enacted into
                    law.
              (2) Supporting information.--The supporting
            information required under paragraph (1)(C)(iii)
            consists of--
                      (A) an explanation as to how the implementing
                    bill and proposed administrative action will
                    change or affect existing law; and
                      (B) a statement--
                              (i) asserting that the agreement
                            makes progress in achieving the
                            applicable purposes, policies,
                            priorities, and objectives of this
                            title; and
                              (ii) setting forth the reasons of the
                            President regarding--
                                      (I) how and to what extent
                                    the agreement makes progress in
                                    achieving the applicable
                                    purposes, policies, and
                                    objectives referred to in
                                    clause (i);
                                      (II) whether and how the
                                    agreement changes provisions of
                                    an agreement previously
                                    negotiated;
                                      (III) how the agreement
                                    serves the interests of United
                                    States commerce;
                                      (IV) how the implementing
                                    bill meets the standards set
                                    forth in section 2103(b)(3);
                                    and
                                      (V) how and to what extent
                                    the agreement makes progress in
                                    achieving the applicable
                                    purposes, policies, and
                                    objectives referred to in
                                    section 2102(c) regarding the
                                    promotion of certain
                                    priorities.
              (3) Reciprocal benefits.--In order to ensure that a
            foreign country that is not a party to a trade
            agreement entered into under section 2103(b) does not
            receive benefits under the agreement unless the country
            is also subject to the obligations under the agreement,
            the implementing bill submitted with respect to the
            agreement shall provide that the benefits and
            obligations under the agreement apply only to the
            parties to the agreement, if such application is
            consistent with the terms of the agreement. The
            implementing bill may also provide that the benefits
            and obligations under the agreement do not apply
            uniformly to all parties to the agreement, if such
            application is consistent with the terms of the
            agreement.
              (4) Disclosure of commitments.--Any agreement or
            other understanding with a foreign government or
            governments (whether oral or in writing) that--
                      (A) relates to a trade agreement with respect
                    to which the Congress enacts an implementing
                    bill under trade authorities procedures, and
                      (B) is not disclosed to the Congress before
                    an implementing bill with respect to that
                    agreement is introduced in either House of
                    Congress,
            shall not be considered to be part of the agreement
            approved by the Congress and shall have no force and
            effect under United States law or in any dispute
            settlement body.
      (b) Limitations on Trade Authorities Procedures.--
              (1) For lack of notice or consultations.--
                      (A) In general.--The trade authorities
                    procedures shall not apply to any implementing
                    bill submitted with respect to a trade
                    agreement or trade agreements entered into
                    under section 2103(b) if during the 60-day
                    period beginning on the date that one House of
                    Congress agrees to a procedural disapproval
                    resolution for lack of notice or consultations
                    with respect to such trade agreement or
                    agreements, the other House separately agrees
                    to a procedural disapproval resolution with
                    respect to such trade agreement or agreements.
                      (B) Procedural disapproval resolution.--(i)
                    For purposes of this paragraph, the term
                    ``procedural disapproval resolution'' means a
                    resolution of either House of Congress, the
                    sole matter after the resolving clause of which
                    is as follows: ``That the President has failed
                    or refused to notify or consult in accordance
                    with the Bipartisan Trade Promotion Authority
                    Act of 2002 on negotiations with respect to
                    ______ and, therefore, the trade authorities
                    procedures under that Act shall not apply to
                    any implementing bill submitted with respect to
                    such trade agreement or agreements.'', with the
                    blank space being filled with a description of
                    the trade agreement or agreements with respect
                    to which the President is considered to have
                    failed or refused to notify or consult.
                      (ii) For purposes of clause (i), the
                    President has ``failed or refused to notify or
                    consult in accordance with the Bipartisan Trade
                    Promotion Authority Act of 2002'' on
                    negotiations with respect to a trade agreement
                    or trade agreements if--
                              (I) the President has failed or
                            refused to consult (as the case may be)
                            in accordance with section 2104 or 2105
                            with respect to the negotiations,
                            agreement, or agreements;
                              (II) guidelines under section 2107(b)
                            have not been developed or met with
                            respect to the negotiations, agreement,
                            or agreements;
                              (III) the President has not met with
                            the Congressional Oversight Group
                            pursuant to a request made under
                            section 2107(c) with respect to the
                            negotiations, agreement, or agreements;
                            or
                              (IV) the agreement or agreements fail
                            to make progress in achieving the
                            purposes, policies, priorities, and
                            objectives of this title.
              (2) Procedures for considering resolutions.--(A)
            Procedural disapproval resolutions--
                      (i) in the House of Representatives--
                              (I) may be introduced by any Member
                            of the House;
                              (II) shall be referred to the
                            Committee on Ways and Means and, in
                            addition, to the Committee on Rules;
                            and
                              (III) may not be amended by either
                            Committee; and
                      (ii) in the Senate--
                              (I) may be introduced by any Member
                            of the Senate;
                              (II) shall be referred to the
                            Committee on Finance; and
                              (III) may not be amended.
              (B) The provisions of section 152(d) and (e) of the
            Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating
            to the floor consideration of certain resolutions in
            the House and Senate) apply to a procedural disapproval
            resolution introduced with respect to a trade agreement
            if no other procedural disapproval resolution with
            respect to that trade agreement has previously been
            reported in that House of Congress by the Committee on
            Ways and Means or the Committee on Finance, as the case
            may be, and if no resolution described in section
            2104(d)(3)(C)(ii) with respect to that trade agreement
            has been reported in that House of Congress by the
            Committee on Ways and Means or the Committee on
            Finance, as the case may be, pursuant to the procedures
            set forth in clauses (iii) through (vi) of such section
            2104(d)(3)(C).
              (C) It is not in order for the House of
            Representatives to consider any procedural disapproval
            resolution not reported by the Committee on Ways and
            Means and, in addition, by the Committee on Rules.
              (D) It is not in order for the Senate to consider any
            procedural disapproval resolution not reported by the
            Committee on Finance.
              (3) For failure to meet other requirements.--Not
            later than December 31, 2002, the Secretary of
            Commerce, in consultation with the Secretary of State,
            the Secretary of the Treasury, the Attorney General,
            and the United States Trade Representative, shall
            transmit to the Congress a report setting forth the
            strategy of the executive branch to address concerns of
            the Congress regarding whether dispute settlement
            panels and the Appellate Body of the WTO have added to
            obligations, or diminished rights, of the United
            States, as described in section 2101(b)(3). Trade
            authorities procedures shall not apply to any
            implementing bill with respect to an agreement
            negotiated under the auspices of the WTO unless the
            Secretary of Commerce has issued such report in a
            timely manner.
      (c) Rules of House of Representatives and Senate.--Subsection
    (b) of this section, section 2103(c), and \13\ section
    2104(d)(3)(C) are enacted by the Congress--
    ---------------------------------------------------------------------------
        \13\ Sec. 2004(a)(18) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
    ``aand'' and inserted in lieu thereof ``and''.
    ---------------------------------------------------------------------------
              (1) as an exercise of the rulemaking power of the
            House of Representatives and the Senate, respectively,
            and as such are deemed a part of the rules of each
            House, respectively, and such procedures supersede
            other rules only to the extent that they are
            inconsistent with such other rules; and
              (2) with the full recognition of the constitutional
            right of either House to change the rules (so far as
            relating to the procedures of that House) at any time,
            in the same manner, and to the same extent as any other
            rule of that House.

    SEC. 2106.\14\ TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH
                        NEGOTIATIONS HAVE ALREADY BEGUN.

      (a) Certain Agreements.--Notwithstanding the prenegotiation
    notification and consultation requirement described in section
    2104(a), if an agreement to which section 2103(b) applies--
    ---------------------------------------------------------------------------
        \14\ 19 U.S.C. 3806.
    ---------------------------------------------------------------------------
              (1) is entered into under the auspices of the World
            Trade Organization,
              (2) is entered into with Chile,
              (3) is entered into with Singapore, or
              (4) establishes a Free Trade Area for the Americas,
    and results from negotiations that were commenced before the
    date of the enactment of this Act, subsection (b) shall apply.
      (b) Treatment of Agreements.--In the case of any agreement to
    which subsection (a) applies--
              (1) the applicability of the trade authorities
            procedures to implementing bills shall be determined
            without regard to the requirements of section 2104(a)
            (relating only to 90 days notice prior to initiating
            negotiations), and any procedural disapproval
            resolution under section 2105(b)(1)(B) shall not be in
            order on the basis of a failure or refusal to comply
            with the provisions of section 2104(a); and
              (2) the President shall, as soon as feasible after
            the enactment of this Act--
                      (A) notify the Congress of the negotiations
                    described in subsection (a), the specific
                    United States objectives in the negotiations,
                    and whether the President is seeking a new
                    agreement or changes to an existing agreement;
                    and
                      (B) before and after submission of the
                    notice, consult regarding the negotiations with
                    the committees referred to in section
                    2104(a)(2) and the Congressional Oversight
                    Group convened under section 2107.

    SEC. 2107.\15\ CONGRESSIONAL OVERSIGHT GROUP.

      (a) Members and Functions.--
    ---------------------------------------------------------------------------
        \15\ 19 U.S.C. 3807.
    ---------------------------------------------------------------------------
              (1) In general.--By not later than 60 days after the
            date of the enactment of this Act, and not later than
            30 days after the convening of each Congress, the
            chairman of the Committee on Ways and Means of the
            House of Representatives and the chairman of the
            Committee on Finance of the Senate shall convene the
            Congressional Oversight Group.
              (2) Membership from the house.--In each Congress, the
            Congressional Oversight Group shall be comprised of the
            following Members of the House of Representatives:
                      (A) The chairman and ranking member of the
                    Committee on Ways and Means, and 3 additional
                    members of such Committee (not more than 2 of
                    whom are members of the same political party).
                      (B) The chairman and ranking member, or their
                    designees, of the committees of the House of
                    Representatives which would have, under the
                    Rules of the House of Representatives,
                    jurisdiction over provisions of law affected by
                    a trade agreement negotiations for which are
                    conducted at any time during that Congress and
                    to which this title would apply.
              (3) Membership from the senate.--In each Congress,
            the Congressional Oversight Group shall also be
            comprised of the following members of the Senate:
                      (A) The chairman and ranking member of the
                    Committee on Finance and 3 additional members
                    of such Committee (not more than 2 of whom are
                    members of the same political party).
                      (B) The chairman and ranking member, or their
                    designees, of the committees of the Senate
                    which would have, under the Rules of the
                    Senate, jurisdiction over provisions of law
                    affected by a trade agreement negotiations for
                    which are conducted at any time during that
                    Congress and to which this title would apply.
              (4) Accreditation.--Each member of the Congressional
            Oversight Group described in paragraph (2)(A) and
            (3)(A) shall be accredited by the United States Trade
            Representative on behalf of the President as an
            official adviser to the United States delegation in
            negotiations for any trade agreement to which this
            title applies. Each member of the Congressional
            Oversight Group described in paragraph (2)(B) and
            (3)(B) shall be accredited by the United States Trade
            Representative on behalf of the President as an
            official adviser to the United States delegation in the
            negotiations by reason of which the member is in the
            Congressional Oversight Group. The Congressional
            Oversight Group shall consult with and provide advice
            to the Trade Representative regarding the formulation
            of specific objectives, negotiating strategies and
            positions, the development of the applicable trade
            agreement, and compliance and enforcement of the
            negotiated commitments under the trade agreement.
              (5) Chair.--The Congressional Oversight Group shall
            be chaired by the Chairman of the Committee on Ways and
            Means of the House of Representatives and the Chairman
            of the Committee on Finance of the Senate.
      (b) Guidelines.--
              (1) Purpose and revision.--The United States Trade
            Representative, in consultation with the chairmen and
            ranking minority members of the Committee on Ways and
            Means of the House of Representatives and the Committee
            on Finance of the Senate--
                      (A) shall, within 120 days after the date of
                    the enactment of this Act, develop written
                    guidelines to facilitate the useful and timely
                    exchange of information between the Trade
                    Representative and the Congressional Oversight
                    Group convened under this section; and
                      (B) may make such revisions to the guidelines
                    as may be necessary from time to time.
              (2) Content.--The guidelines developed under
            paragraph (1) shall provide for, among other things--
                      (A) regular, detailed briefings of the
                    Congressional Oversight Group regarding
                    negotiating objectives, including the promotion
                    of certain priorities referred to in section
                    2102(c), and positions and the status of the
                    applicable negotiations, beginning as soon as
                    practicable after the Congressional Oversight
                    Group is convened, with more frequent briefings
                    as trade negotiations enter the final stage;
                      (B) access by members of the Congressional
                    Oversight Group, and staff with proper security
                    clearances, to pertinent documents relating to
                    the negotiations, including classified
                    materials;
                      (C) the closest practicable coordination
                    between the Trade Representative and the
                    Congressional Oversight Group at all critical
                    periods during the negotiations, including at
                    negotiation sites;
                      (D) after the applicable trade agreement is
                    concluded, consultation regarding ongoing
                    compliance and enforcement of negotiated
                    commitments under the trade agreement; and
                      (E) the time frame for submitting the report
                    required under section 2102(c)(8).
      (c) Request for Meeting.--Upon the request of a majority of
    the Congressional Oversight Group, the President shall meet
    with the Congressional Oversight Group before initiating
    negotiations with respect to a trade agreement, or at any other
    time concerning the negotiations.

    SEC. 2108.\16\ ADDITIONAL IMPLEMENTATION AND ENFORCEMENT REQUIREMENTS.

      (a) In General.--At the time the President submits to the
    Congress the final text of an agreement pursuant to section
    2105(a)(1)(C), the President shall also submit a plan for
    implementing and enforcing the agreement. The implementation
    and enforcement plan shall include the following:
    ---------------------------------------------------------------------------
        \16\ 19 U.S.C. 3808.
    ---------------------------------------------------------------------------
              (1) Border personnel requirements.--A description of
            additional personnel required at border entry points,
            including a list of additional customs and agricultural
            inspectors.
              (2) Agency staffing requirements.--A description of
            additional personnel required by Federal agencies
            responsible for monitoring and implementing the trade
            agreement, including personnel required by the Office
            of the United States Trade Representative, the
            Department of Commerce, the Department of Agriculture
            (including additional personnel required to implement
            sanitary and phytosanitary measures in order to obtain
            market access for United States exports), the
            Department of the Treasury, and such other agencies as
            may be necessary.
              (3) Customs infrastructure requirements.--A
            description of the additional equipment and facilities
            needed by the United States Customs Service.
              (4) Impact on state and local governments.--A
            description of the impact the trade agreement will have
            on State and local governments as a result of increases
            in trade.
              (5) Cost analysis.--An analysis of the costs
            associated with each of the items listed in paragraphs
            (1) through (4).
      (b) Budget Submission.--The President shall include a request
    for the resources necessary to support the plan described in
    subsection (a) in the first budget that the President submits
    to the Congress after the submission of the plan.

    SEC. 2109.\17\ COMMITTEE STAFF.

      The grant of trade promotion authority under this title is
    likely to increase the activities of the primary committees of
    jurisdiction in the area of international trade. In addition,
    the creation of the Congressional Oversight Group under section
    2107 will increase the participation of a broader number of
    Members of Congress in the formulation of United States trade
    policy and oversight of the international trade agenda for the
    United States. The primary committees of jurisdiction should
    have adequate staff to accommodate these increases in
    activities.
    ---------------------------------------------------------------------------
        \17\ 19 U.S.C. 3809.
    ---------------------------------------------------------------------------

    SEC. 2110. CONFORMING AMENDMENTS.

      (a) In General.--Title I of the Trade Act of 1974 (19 U.S.C.
    2111 et seq.) is amended as follows: * * *
      (b) \18\ Application of Certain Provisions.--For purposes of
    applying sections 125, 126, and 127 of the Trade Act of 1974
    (19 U.S.C. 2135, 2136(a), and 2137)--
    ---------------------------------------------------------------------------
        \18\ 19 U.S.C. 3810.
    ---------------------------------------------------------------------------
              (1) any trade agreement entered into under section
            2103 shall be treated as an agreement entered into
            under section 101 or 102, as appropriate, of the Trade
            Act of 1974 (19 U.S.C. 2111 or 2112); and
              (2) any proclamation or Executive order issued
            pursuant to a trade agreement entered into under
            section 2103 shall be treated as a proclamation or
            Executive order issued pursuant to a trade agreement
            entered into under section 102 of the Trade Act of
            1974.

    SEC. 2111.\19\ REPORT ON IMPACT OF TRADE PROMOTION AUTHORITY.

      (a) In General.--Not later than 1 year after the date of
    enactment of this Act, the International Trade Commission shall
    report to the Committee on Finance of the Senate and the
    Committee on Ways and Means of the House of Representatives
    regarding the economic impact on the United States of the trade
    agreements described in subsection (b).
    ---------------------------------------------------------------------------
        \19\ 19 U.S.C. 3811.
    ---------------------------------------------------------------------------
      (b) Agreements.--The trade agreements described in this
    subsection are the following:
              (1) The United States-Israel Free Trade Agreement.
              (2) The United States-Canada Free Trade Agreement.
              (3) The North American Free Trade Agreement.
              (4) The Uruguay Round Agreements.
              (5) The Tokyo Round of Multilateral Trade
            Negotiations.

    SEC. 2112.\20\ INTERESTS OF SMALL BUSINESS.

      The Assistant United States Trade Representative for Industry
    and Telecommunications shall be responsible for ensuring that
    the interests of small business are considered in all trade
    negotiations in accordance with the objective described in
    section 2102(a)(8). It is the sense of the Congress that the
    small business functions should be reflected in the title of
    the Assistant United States Trade Representative assigned the
    responsibility for small business.
    ---------------------------------------------------------------------------
        \20\ 19 U.S.C. 3812.
    ---------------------------------------------------------------------------

    SEC. 2113.\21\ DEFINITIONS.

      In this title:
    ---------------------------------------------------------------------------
        \21\ 19 U.S.C. 3813.
    ---------------------------------------------------------------------------
              (1) Agreement on agriculture.--The term ``Agreement
            on Agriculture'' means the agreement referred to in
            section 101(d)(2) of the Uruguay Round Agreements Act
            (19 U.S.C. 3511(d)(2)).
              (2) Agreement on safeguards.--The term ``Agreement on
            Safeguards means the agreement referred to in section
            101(d)(13) \22\ of the Uruguay Round Agreements Act (19
            U.S.C. 3511(d)(13)).\22\
    ---------------------------------------------------------------------------
        \22\ Sec. 2004(a)(19)(A) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591) struck out
    ``101(d)(12)'' and ``3511(d)12)'' and inserted in lieu thereof
    ``101(d)(13)'' and ``3511(d)(13)'', respectively.
    ---------------------------------------------------------------------------
              (3) \23\ Agreement on subsidies and countervailing
            measures.--The term ``Agreement on Subsidies and
            Countervailing Measures'' means the agreement referred
            to in section 101(d)(12) \23\ of the Uruguay Round
            Agreements Act (19 U.S.C. 3511(d)(12)).\23\
    ---------------------------------------------------------------------------
        \23\ Sec. 2004(a)(19)(B) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2591)
    redesignated this second para. (2) in sec. 2113 as para. (3), and
    struck out ``101(d)(13)'' and ``3511(d)(13)'' and inserted in lieu
    thereof ``101(d)(12)'' and ``3511(d)(12)'', respectively.
    ---------------------------------------------------------------------------
              (4) Antidumping agreement.--The term ``Antidumping
            Agreement'' means the Agreement on Implementation of
            Article VI of the General Agreement on Tariffs and
            Trade 1994 referred to in section 101(d)(7) of the
            Uruguay Round Agreements Act (19 U.S.C. 3511(d)(7)).
              (5) Appellate body.--The term ``Appellate Body''
            means the Appellate Body established under Article 17.1
            of the Dispute Settlement Understanding.
              (6) Core labor standards.--The term ``core labor
            standards'' means--
                      (A) the right of association;
                      (B) the right to organize and bargain
                    collectively;
                      (C) a prohibition on the use of any form of
                    forced or compulsory labor;
                      (D) a minimum age for the employment of
                    children; and
                      (E) acceptable conditions of work with
                    respect to minimum wages, hours of work, and
                    occupational safety and health.
              (7) Dispute settlement understanding.--The term
            ``Dispute Settlement Understanding'' means the
            Understanding on Rules and Procedures Governing the
            Settlement of Disputes referred to in section
            101(d)(16) of the Uruguay Round Agreements Act.
              (8) GATT 1994.--The term ``GATT 1994'' has the
            meaning given that term in section 2 of the Uruguay
            Round Agreements Act (19 U.S.C. 3501).
              (9) ILO.--The term ``ILO'' means the International
            Labor Organization.
              (10) Import sensitive agricultural product.--The term
            ``import sensitive agricultural product'' means an
            agricultural product--
                      (A) with respect to which, as a result of the
                    Uruguay Round Agreements the rate of duty was
                    the subject of tariff reductions by the United
                    States and, pursuant to such Agreements, was
                    reduced on January 1, 1995, to a rate that was
                    not less than 97.5 percent of the rate of duty
                    that applied to such article on December 31,
                    1994; or
                      (B) which was subject to a tariff-rate quota
                    on the date of the enactment of this Act.
              (11) United states person.--The term ``United States
            person'' means--
                      (A) a United States citizen;
                      (B) a partnership, corporation, or other
                    legal entity organized under the laws of the
                    United States; and
                      (C) a partnership, corporation, or other
                    legal entity that is organized under the laws
                    of a foreign country and is controlled by
                    entities described in subparagraph (B) or
                    United States citizens, or both.
              (12) Uruguay round agreements.--The term ``Uruguay
            Round Agreements'' has the meaning given that term in
            section 2(7) of the Uruguay Round Agreements Act (19
            U.S.C. 3501(7)).
              (13) World trade organization; wto.--The terms
            ``World Trade Organization'' and ``WTO'' mean the
            organization established pursuant to the WTO Agreement.
              (14) WTO agreement.--The term ``WTO Agreement'' means
            the Agreement Establishing the World Trade Organization
            entered into on April 15, 1994.
              (15) WTO member.--The term ``WTO member'' has the
            meaning given that term in section 2(10) of the Uruguay
            Round Agreements Act (19 U.S.C. 3501(10)).

                    DIVISION C--ANDEAN TRADE PREFERENCE ACT

                      TITLE XXXI--ANDEAN TRADE PREFERENCE

    SEC. 3101.\24\ SHORT TITLE.

      This title may be cited as the ``Andean Trade Promotion and
    Drug Eradication Act''. * * *
    ---------------------------------------------------------------------------
        \24\ Secs. 3101 and 3102, which make up the Andean Trade Promotion
    and Drug Eradication Act, can be found on page 941 of this volume.
        \25\ Sec. 3103 consists of amendments to the Andean Trade
    Preference Act (Public Law 102-182; 19 U.S.C. 3201). These amendments
    have been incorporated at the appropriate places in that Act. See page
    960 of this volume.
        \26\ Sec. 3104 is part of the Andean Trade Promotion and Drug
    Eradication Act and can be found on page 941 of this volume. Sec. 3104
    also amends the Andean Trade Preference Act (Public Law 102-182; 19
    U.S.C. 3201).
        \27\ Sec. 3105 can be found on page 1127 of this volume.
        \28\ Sec. 3106 consists of amendments to the Harmonized Tariff
    Schedule of the United States.
        \29\ Sec. 3107 consists of amendments to the Caribbean Basin
    Economic Recovery Act (Title II of Public Law 98-67; 19 U.S.C. 2701).
    These amendments have been incorporated at the appropriate places in
    that Act. See page 1023 of this volume.
        \30\ Sec. 3108 consists of amendments to the African Growth and
    Opportunity Act (Title I of Public Law 106-200; 19 U.S.C. 3701). These
    amendments have been incorporated at the appropriate places in that
    Act. See page 1028 of this volume.
        \31\ Division D primarily consists of amendments to the Trade Act
    of 1974 (Public Law 93-618; 19 U.S.C. 2101). These amendments have been
    incorporated at the appropriate places in that Act. See page 256 of
    this volume.
    ---------------------------------------------------------------------------

    SEC. 3102.\24\ FINDINGS. * * *

    SEC. 3103.\25\ ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT. * * *

    SEC. 3104.\26\ TERMINATION. * * *

    SEC. 3105.\27\ REPORT ON FREE TRADE AGREEMENT WITH ISRAEL. * * *

    SEC. 3106.\28\ MODIFICATION OF DUTY TREATMENT FOR TUNA. * * *

    SEC. 3107.\29\ TRADE BENEFITS UNDER THE CARIBBEAN BASIN ECONOMIC
                        RECOVERY ACT. * * *

    SEC. 3108.\30\ TRADE BENEFITS UNDER THE AFRICAN GROWTH AND OPPORTUNITY
                        ACT. * * *

    DIVISION D--EXTENSION OF CERTAIN PREFERENTIAL TRADE TREATMENT \31\ * *
                                       *

                      DIVISION E--MISCELLANEOUS PROVISIONS

                     TITLE L--MISCELLANEOUS TRADE BENEFITS

                          Subtitle A--Wool Provisions

    SEC. 5101.\32\ WOOL PROVISIONS. * * *
    ---------------------------------------------------------------------------

        \32\ Sec. 5101 primarily consists of amendments to the Trade and
    Development Act of 2000 (Public Law 106-200). These amendments have
    been incorporated at the appropriate places in that Act. See page 650
    of this volume.
    ---------------------------------------------------------------------------

    SEC. 5102.\33\ DUTY SUSPENSION ON WOOL. * * *
    ---------------------------------------------------------------------------

        \33\ Sec. 5102 primarily consists of amendments to the Harmonized
    Tariff Schedule of the United States.
    ---------------------------------------------------------------------------

                          Subtitle B--Other Provisions

    SEC. 5201.\34\ FUND FOR WTO DISPUTE SETTLEMENTS.

      (a) Establishment of Fund.--There is established in the
    Treasury a fund for the payment of settlements under this
    section.
    ---------------------------------------------------------------------------
        \34\ 19 U.S.C. 3539.
    ---------------------------------------------------------------------------
      (b) Authority of USTR to Pay Settlements.--Amounts in the
    fund established under subsection (a) shall be available, as
    provided in appropriations Acts, only for the payment by the
    United States Trade Representative of the amount of the total
    or partial settlement of any dispute pursuant to proceedings
    under the auspices of the World Trade Organization, if--
              (1) in the case of a total or partial settlement in
            an amount of not more than $10,000,000, the Trade
            Representative certifies to the Secretary of the
            Treasury that the settlement is in the best interests
            of the United States; and
              (2) in the case of a total or partial settlement in
            an amount of more than $10,000,000, the Trade
            Representative certifies to the Congress that the
            settlement is in the best interests of the United
            States.
      (c) Appropriations.--There are authorized to be appropriated
    to the fund established under subsection (a)--
              (1) $50,000,000; and
              (2) amounts equivalent to amounts recovered by the
            United States pursuant to the settlement of disputes
            pursuant to proceedings under the auspices of the World
            Trade Organization.
    Amounts appropriated to the fund are authorized to remain
    available until expended.
      (d) Management of fund.--Sections 9601 and 9602(b) of the
    Internal Revenue Code of 1986 shall apply to the fund
    established under subsection (a) to the same extent as such
    provisions apply to trust funds established under subchapter A
    of chapter 98 of such Code.
    ---------------------------------------------------------------------------
        \35\ Secs. 5202 and 5203 primarily consist of amendments to the
    Harmonized Tariff Schedule of the United States.
    ---------------------------------------------------------------------------

    SEC. 5202.\35\ CERTAIN STEAM OR OTHER VAPOR GENERATING BOILERS USED IN
                        NUCLEAR FACILITIES. * * *

    SEC. 5203.\35\ SUGAR TARIFF-RATE QUOTA CIRCUMVENTION. * * *
                     (5) Trade and Development Act of 2000

    Partial text of Public Law 106-200 [H.R. 434], 114 Stat. 251, approved
    May 18, 2000, as amended by Public Law 107-210 [Trade Act of 2002; H.R.
                   3009], 116 Stat. 933, approved May 6, 2002

     AN ACT To authorize a new trade and investment policy for sub-Saharan
    Africa, expand trade benefits to the countries in the Caribbean Basin,
    renew the generalized system of preferences, and reauthorize the trade
                        adjustment assistance programs.

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

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

      (a) Short Title.--This Act may be cited as the ``Trade and
    Development Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3701 note.
    ---------------------------------------------------------------------------
      (b) * * *
              * * * * * * *

       TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA

              Note.--The African Growth and Opportunity Act can be
            found on page 1078.

              * * * * * * *

                Subtitle C--Economic Development Related Issues

              Note.--Secs. 121 through 131 of the Act are found in
            Legislation on Foreign Relations Through 2005, vol. I-
            B.

              * * * * * * *

                  TITLE II--TRADE BENEFITS FOR CARIBBEAN BASIN

              Note.--The United States-Caribbean Basin Trade
            Partnership can be found on page 944.

              * * * * * * *

                       TITLE III--NORMAL TRADE RELATIONS

    SEC. 301.\2\ NORMAL TRADE RELATIONS FOR ALBANIA.
    ---------------------------------------------------------------------------

        \2\ 19 U.S.C. 2434 note. Sec. 301 can be found in this volume on
    page 1178.
    ---------------------------------------------------------------------------
      (a) * * *

    SEC. 302.\3\ NORMAL TRADE RELATIONS FOR KYRGYZSTAN.
    ---------------------------------------------------------------------------

        \3\ 19 U.S.C. 2434 note. Sec. 302 can be found in this volume on
    page 1179.
    ---------------------------------------------------------------------------
      (a) * * *

                        TITLE IV--OTHER TRADE PROVISIONS

    SEC. 401. REPORT ON EMPLOYMENT AND TRADE ADJUSTMENT ASSISTANCE.

      (a) In General.--Not later than 9 months after the date of
    the enactment of this section, the Comptroller General of the
    United States shall submit to Congress a report regarding the
    efficiency and effectiveness of Federal and State coordination
    of employment and retraining activities associated with the
    following programs and legislation:
              (1) Trade adjustment assistance (including NAFTA
            trade adjustment assistance) provided for under title
            II of the Trade Act of 1974.
              (2) The Job Training Partnership Act.
              (3) The Workforce Investment Act of 1998.
              (4) Unemployment insurance.
      (b) Period Covered.--The report shall cover the activities
    involved in the programs and legislation listed in subsection
    (a) from January 1, 1994, to December 31, 1999.
      (c) Data and Recommendations.--The report shall at a minimum
    include specific data and recommendations regarding--
              (1) the compatibility of program requirements related
            to the employment and retraining of dislocated workers
            in the United States, with particular emphasis on the
            trade adjustment assistance programs provided for under
            title II of the Trade Act of 1974;
              (2) the compatibility of application procedures
            related to the employment and retraining of dislocated
            workers in the United States;
              (3) the capacity of the programs in addressing
            foreign trade and the transfer of production to other
            countries on workers in the United States measured in
            terms of loss of employment and wages;
              (4) the capacity of the programs in addressing
            foreign trade and the transfer of production to other
            countries on secondary workers in the United States
            measured in terms of loss of employment and wages;
              (5) how the impact of foreign trade and the transfer
            of production to other countries would have changed the
            number of beneficiaries covered under the trade
            adjustment assistance program if the trade adjustment
            assistance program covered secondary workers in the
            United States; and
              (6) the effectiveness of the programs described in
            subsection (a) in achieving reemployment of United
            States workers and maintaining wage levels of United
            States workers who have been dislocated as a result of
            foreign trade and the transfer of production to other
            countries.

    SEC. 402. TRADE ADJUSTMENT ASSISTANCE.

      (a) Certification of Eligibility for Workers Required for
    Decommissioning or Closure of Facility.--
              (1) In general.--Notwithstanding any other provision
            of law or any decision by the Secretary of Labor
            denying certification or eligibility for certification
            for adjustment assistance under title II of the Trade
            Act of 1974, a qualified worker described in paragraph
            (2) shall be certified by the Secretary as eligible to
            apply for adjustment assistance under such title II.
              (2) Qualified worker.--For purposes of this
            subsection, a ``qualified worker'' means a worker who--
                      (A) was determined to be covered under Trade
                    Adjustment Assistance Certification TA-W-
                    28,438; and
                      (B) was necessary for the decommissioning or
                    closure of a nuclear power facility.
      (b) Effective Date.--The amendment made by this section shall
    take effect on the date of the enactment of this Act.
    ---------------------------------------------------------------------------
        \4\ Sec. 403 refers to the customs treatment of particular imported
    commodities.
        \5\ Sec. 404 makes technical corrections to reporting requirements,
    in particular, trade laws. These reporting requirements appear, as
    amended, in this volume.
        \6\ Sec. 405 amends the Uruguay Round Agreements Act by revising
    the rules of origin for textile and apparel products.
        \7\ Sec. 406 amends sec. 141 of the Trade Act of 1974 (19 U.S.C.
    2171) to establish the position of Chief Agricultural Negotiator in the
    Office of the United States Trade Representative, as found on page 285.
    ---------------------------------------------------------------------------

    SEC. 403.\4\ RELIQUIDATION OF CERTAIN NUCLEAR FUEL ASSEMBLIES. * * *

    SEC. 404.\5\ REPORTS TO THE FINANCE AND WAYS AND MEANS COMMITTEES. * *
                        *

    SEC. 405.\6\ CLARIFICATION OF SECTION 334 OF THE URUGUAY ROUND
                        AGREEMENTS ACT. * * *

    SEC. 406.\7\ CHIEF AGRICULTURAL NEGOTIATOR. * * *

    SEC. 407.\8\ REVISION OF RETALIATION LIST OR OTHER REMEDIAL ACTION. * *
                        *

    SEC. 408. REPORT ON TRADE ADJUSTMENT ASSISTANCE FOR AGRICULTURAL
                        COMMODITY PRODUCERS.

      (a) In General.--Not later than 4 months after the date of
    the enactment of this Act, the Secretary of Labor, in
    consultation with the Secretary of Agriculture and the
    Secretary of Commerce, shall submit to the Committee on Ways
    and Means of the House of Representatives and the Committee on
    Finance of the Senate a report that--
    ---------------------------------------------------------------------------
        \8\ Sec. 407 amends sec. 306 of the Trade Act of 1974 (19 U.S.C.
    2417, on page 365, this volume) directing the United States Trade
    Representative to periodically revise the commodities on a retaliation
    list if one is initiated as a result of a trade dispute.
    ---------------------------------------------------------------------------
              (1) examines the applicability to agricultural
            commodity producers of trade adjustment assistance
            programs established under title II of the Trade Act of
            1974; and
              (2) sets forth recommendations to improve the
            operation of those programs as the programs apply to
            agricultural commodity producers or to establish a new
            trade adjustment assistance program for agricultural
            commodity producers.
      (b) Contents.--In preparing the report required by subsection
    (a), the Secretary of Labor shall--
              (1) assess the degree to which the existing trade
            adjustment assistance programs address the adverse
            effects on agricultural commodity producers due to
            price suppression caused by increased imports of like
            or directly competitive agricultural commodities; and
              (2) examine the effectiveness of the program benefits
            authorized under subchapter B of chapter 2 and chapter
            3 of title II of the Trade Act of 1974 in remedying the
            adverse effects, including price suppression, caused by
            increased imports of like or directly competitive
            agricultural commodities.
      (c) Definitions.--In this section:
              (1) Agricultural commodity.--The term ``agricultural
            commodity'' means any agricultural commodity, including
            livestock, fish or harvested seafood in its raw or
            natural state.
              (2) Agricultural commodity producer.--The term
            ``agricultural commodity producer'' means any person
            who is engaged in the production and sale of an
            agricultural commodity in the United States and who
            owns or shares the ownership and risk of loss of the
            agricultural commodity.

    SEC. 409.\9\ AGRICULTURAL TRADE NEGOTIATING OBJECTIVES AND
                        CONSULTATIONS WITH CONGRESS.
    ---------------------------------------------------------------------------

        \9\ 7 U.S.C. 1736r note.
    ---------------------------------------------------------------------------
      (a) Findings.--Congress finds that--
              (1) United States agriculture contributes positively
            to the United States balance of trade and United States
            agricultural exports support in excess of 1,000,000
            United States jobs;
              (2) United States agriculture competes successfully
            worldwide despite the fact that United States producers
            are at a competitive disadvantage because of the trade
            distorting support and subsidy practices of other
            countries and despite the fact that significant tariff
            and nontariff barriers exist to United States exports;
            and
              (3) a successful conclusion of the current World
            Trade Organization agricultural negotiations is
            critically important to the United States agricultural
            sector.
      (b) Objectives.--The agricultural trade negotiating
    objectives of the United States with respect to the current
    World Trade Organization agricultural negotiations include as
    matters of the highest priority--
              (1) the expeditious elimination of all export
            subsidies worldwide while maintaining bona fide food
            aid and preserving United States market development and
            export credit programs that allow the United States to
            compete with other foreign export promotion efforts;
              (2) leveling the playing field for United States
            producers of agricultural products by eliminating blue
            box subsidies and disciplining domestic supports in a
            way that forces producers to face world prices on all
            production in excess of domestic food security needs
            while allowing the preservation of nontrade distorting
            programs to support family farms and rural communities;
              (3) the elimination of state trading enterprises or
            the adoption of rigorous disciplines that ensure
            operational transparency, competition, and the end of
            discriminatory pricing practices, including policies
            supporting cross-subsidization and price undercutting
            in export markets;
              (4) affirming that the World Trade Organization
            Agreement on the Application of Sanitary and
            Phytosanitary Measures applies to new technologies,
            including biotechnology, and that labeling requirements
            to allow consumers to make choices regarding
            biotechnology products or other regulatory requirements
            may not be used as disguised barriers to trade;
              (5) increasing opportunities for United States
            exports of agricultural products by reducing tariffs to
            the same levels that exist in the United States or to
            lower levels and by eliminating all nontariff barriers,
            including--
                      (A) restrictive or trade distorting
                    practices, including those that adversely
                    impact perishable or cyclical products;
                      (B) restrictive rules in the administration
                    of tariff-rate quotas; and
                      (C) other barriers to agriculture trade,
                    including unjustified restrictions or
                    commercial requirements affecting new
                    technologies, including biotechnology;
              (6) eliminating government policies that create
            price-depressing surpluses; and
              (7) strengthening dispute settlement procedures to
            ensure prompt compliance by foreign governments with
            their World Trade Organization obligations including
            commitments not to maintain unjustified restrictions on
            United States exports.
      (c) Consultation With Congressional Committees.--
              (1) Consultation before offer made.--In developing
            and before submitting an initial or revised negotiating
            proposal that would reduce United States tariffs on
            agricultural products or require a change in United
            States agricultural law, the United States Trade
            Representative shall consult with the Committee on
            Agriculture, Nutrition, and Forestry and the Committee
            on Finance of the Senate and the Committee on
            Agriculture and the Committee on Ways and Means of the
            House of Representatives.
              (2) Consultation with congressional trade advisers.--
            Prior to and during the course of current negotiations
            on agricultural trade, the United States Trade
            Representative shall consult closely with the
            congressional trade advisers.
              (3) Consultation before agreement initialed.--Not
            less than 48 hours before initialing an agreement
            reached as part of current World Trade Organization
            agricultural negotiations, the United States Trade
            Representative shall consult closely with the
            committees referred to in paragraph (1) regarding--
                      (A) the details of the agreement;
                      (B) the potential impact of the agreement on
                    United States agricultural producers; and(C)
                    any changes in United States law necessary to
                    implement the agreement.
              (4) Disclosure of commitments.--Any agreement or
            other understanding addressing agricultural trade with
            a foreign government or governments (whether oral or in
            writing) that relates to a trade agreement with respect
            to which Congress must enact implementing legislation
            and that is not disclosed to Congress before
            legislation implementing that agreement is introduced
            in either House of Congress shall not be considered to
            be part of the agreement approved by Congress and shall
            have no force and effect under United States law or in
            any dispute settlement body.
      (d) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) granting the President trade negotiating
            authority is essential to the successful conclusion of
            the new round of World Trade Organization agricultural
            negotiations;
              (2) reaching a successful agreement on agriculture
            should be the top priority of United States
            negotiators; and
              (3) if by the conclusion of the negotiations, the
            primary agricultural competitors of the United States
            do not agree to reduce their trade distorting domestic
            supports and eliminate export subsidies in accordance
            with the negotiating objectives expressed in this
            section, the United States should take steps to
            increase the leverage of United States negotiators and
            level the playing field for United States producers.
    ---------------------------------------------------------------------------
        \10\ Subsec. 410(a) amends sec. 484 of the Tariff Act of 1930 (19
    U.S.C. 1484) to require that merchandise withdrawn from a foreign trade
    zone during a 7-day period to be treated upon entry as a single entry
    (at the option of the operator or user of the zone) for purposes of
    customs user fees by making technical changes to customs laws relating
    to treatment.
    ---------------------------------------------------------------------------

    SEC. 410.\10\ ENTRY PROCEDURES FOR FOREIGN TRADE ZONE OPERATIONS.

      (a) * * *
      (b) \11\ Effective Date.--The amendment made by this section
    shall take effect on the date that is 60 days after the date of
    the enactment of this Act.
    ---------------------------------------------------------------------------
        \11\ 19 U.S.C. 1484 note.
    ---------------------------------------------------------------------------

    SEC. 411.\12\ GOODS MADE WITH FORCED OR INDENTURED CHILD LABOR. * * *
    ---------------------------------------------------------------------------

        \12\ 19 U.S.C. 1307 note. Sec. 411 amends sec. 307 of the Tariff
    Act of 1930 (19 U.S.C. 1307) by including ``forced or indentured child
    labor'' within the prohibition of the importation of goods manufactured
    by forced or indentured labor.
    ---------------------------------------------------------------------------

    SEC. 412. WORST FORMS OF CHILD LABOR.

        (a) \13\ * * *
    ---------------------------------------------------------------------------
        \13\ Subsec. 412(a) amends sec. 502(b)(2) of the Trade Act of 1974
    (19 U.S.C. 2462(b)(2)) by making ineligible for the Generalized System
    of Preferences any country that has not implemented its commitment to
    eliminate the worst forms of child labor.
    ---------------------------------------------------------------------------
        (b) \14\ Definition of Worst Forms of Child Labor. * * *
    ---------------------------------------------------------------------------
        \14\ Subsec. 412(b) amends sec. 507 of the Trade Act of 1974 (19
    U.S.C. 2467) by adding at the end a new paragraph defining the term
    ``worst forms of child labor'' as (1) all forms of slavery or practices
    similar to slavery; (2) child prostitution or use of a child for
    pornographic purposes; (3) use of a child for the production or
    trafficking of drugs; and (4) work which, by nature, is likely to harm
    the health or safety of children. See page 404.
    ---------------------------------------------------------------------------
      (c) \15\ Annual Report. * * *
    ---------------------------------------------------------------------------
        \15\ Subsec. (c) amends sec. 504 of the Trade Act of 1974 (19
    U.S.C. 2464) by requiring that annual reports to the Congress on labor
    rights in Generalized System of Preferences (GSP) beneficiary countries
    include findings with respect to implementation of its international
    commitments to eliminate the worst forms of child labor.
    ---------------------------------------------------------------------------

                 TITLE V--IMPORTS OF CERTAIN WOOL ARTICLES \16\

              * * * * * * *
    ---------------------------------------------------------------------------
        \16\ Secs. 501 to 505 of this title amend the Harmonized Tariff
    Schedule of the United States (HTSUS) to reduce or suspend the duty on
    certain wool yarn, wool fiber, and wool top of a specified fiber
    diameter from January 1, 2001 through December 31, 2003. The President
    is authorized to proclaim a reduction in rate of duty for certain
    imports of worsted wool fabrics similar to the rate of duty for such
    fabrics imported from Canada. The President is further directed to
    monitor U.S. market conditions for these fabrics, and to consider
    requests made by U.S. manufacturers of apparel products to modify the
    quantity of such articles imported into the United States.
    ---------------------------------------------------------------------------

    SEC. 505. \17\ REFUND OF DUTIES PAID ON IMPORTS OF CERTAIN WOOL
                        ARTICLES.
    ---------------------------------------------------------------------------

        \17\ Sec. 5102(c)(1) of the Trade Act of 2002 (Public Law 107-210;
    116 Stat. 1046) provided the following:
        ``(c) Extension of Duty Refunds and Wool Research Trust Fund.--
    ---------------------------------------------------------------------------

      ``(1) In general.--The United States Customs Service shall pay each
    manufacturer that receives a payment under section 505 of the Trade and
    Development Act of 2000 (Public Law 106-200) for calendar year 2002, and
    that provides an affidavit that it remains a manufacturer in the United
    States as of January 1 of the year of the payment, 2 additional payments,
    each payment equal to the payment received for calendar year 2002 as
    follows:

    ``(A) The first payment to be made after January 1, 2004, but on or before
    April 15, 2004.

    ``(B) The second payment to be made after January 1, 2005, but on or before
    April 15, 2005.''.

      (a) Worsted Wool Fabrics.--In each of the calendar years
    2000, 2001, and 2002, a manufacturer of men's or boys' suits,
    suit-type jackets, or trousers (not a broker or other
    individual acting on behalf of the manufacturer to process the
    import) of imported worsted wool fabrics of the kind described
    in heading 9902.51.11 or 9902.51.12 of the Harmonized Tariff
    Schedule of the United States shall be eligible for a refund of
    duties paid on entries of such fabrics in each such calendar
    year in an amount equal to one-third of the amount of duties
    paid by the importer on such worsted wool fabrics (without
    regard to micron level) imported in calendar year 1999.
      (b) Wool Yarn.--In each of the calendar years 2000, 2001, and
    2002, a manufacturer of worsted wool fabrics who imports wool
    yarn of the kind described in heading 9902.51.13 of the
    Harmonized Tariff Schedule of the United States shall be
    eligible for a refund of duties paid on entries of such wool
    yarn in each such calendar year in an amount equal to one-third
    of the amount of duties paid by the manufacturer on such wool
    yarn (without regard to micron level) imported in calendar year
    1999.
      (c) Wool Fiber and Wool Top.--In each of the calendar years
    2000, 2001, and 2002, a manufacturer of wool yarn or wool
    fabric who imports wool fiber or wool top of the kind described
    in heading 9902.51.14 of the Harmonized Tariff Schedule of the
    United States shall be eligible for a refund of duties paid on
    entries of such wool fiber in each such calendar year in an
    amount equal to one-third of the amount of duties paid by the
    manufacturer on such wool fiber (without regard to micron
    level) imported in calendar year 1999.
      (d) Proper Identification and Appropriate Claim.--Any person
    applying for a rebate under this section shall properly
    identify and make appropriate claim to the United States
    Customs Service for each entry involved.

    SEC. 506.\18\ WOOL RESEARCH, DEVELOPMENT, AND PROMOTION TRUST FUND.
    ---------------------------------------------------------------------------

        \18\ 7 U.S.C. 7101 note.
    ---------------------------------------------------------------------------
      (a) Establishment.--There is hereby established within the
    Treasury of the United States a trust fund to be known as the
    Wool Research, Development, and Promotion Trust Fund (hereafter
    in this section referred to as the ``Trust Fund''), consisting
    of such amounts as may be transferred to the Trust Fund under
    subsection (b)(1) and any amounts as may be credited to the
    Trust Fund under subsection (c)(2).
      (b) Transfer of Amounts.--
              (1) In general.--The Secretary of the Treasury shall
            transfer to the Trust Fund out of the general fund of
            the Treasury of the United States amounts determined by
            the Secretary of the Treasury to be equivalent to the
            amounts received into such general fund that are
            attributable to the duty received on articles under
            chapters 51 and 52 of the Harmonized Tariff Schedule of
            the United States, subject to the limitation in
            paragraph (2).
              (2) Limitation.--The Secretary shall not transfer
            more than $2,250,000 to the Trust Fund in any fiscal
            year.
              (3) Transfers based on estimates.--The amounts
            required to be transferred under paragraph (1) shall be
            transferred at least quarterly from the general fund of
            the Treasury of the United States to the Trust Fund on
            the basis of estimates made by the Secretary of the
            Treasury of the amounts referred to in paragraph (1)
            that are received into the Treasury. Proper adjustments
            shall be made in the amounts subsequently transferred
            to the extent prior estimates were in excess of, or
            less than, the amounts required to be transferred.
      (c) Investment of Trust Fund.--
              (1) In general.--It shall be the duty of the
            Secretary of the Treasury to invest such portion of the
            Trust Fund as is not, in the Secretary's judgment,
            required to meet current withdrawals. Such investments
            may be made only in interest-bearing obligations of the
            United States or in obligations guaranteed as to both
            principal and interest by the United States. For such
            purpose, such obligations may be acquired on original
            issue at the issue price or by purchase of outstanding
            obligations at the market price. Any obligation
            acquired by the Trust Fund may be sold by the Secretary
            of the Treasury at the market price.
              (2) Interest and proceeds from sale or redemption of
            obligations.--The interest on, and the proceeds from
            the sale or redemption of, any obligations held in the
            Trust Fund shall be credited to and form a part of the
            Trust Fund.
      (d) Availability of Amounts from Trust Fund.--From amounts
    available in the Trust Fund (including any amounts not
    obligated in previous fiscal years), the Secretary of
    Agriculture is authorized to provide grants to a nationally-
    recognized council established for the development of the
    United States wool market for the following purposes:
              (1) Assist United States wool producers to improve
            the quality of wool produced in the United States,
            including to improve wool production methods.
              (2) Disseminate information on improvements described
            in paragraph (1) to United States wool producers
            generally.
              (3) Assist United States wool producers in the
            development and promotion of the wool market.
      (e) Reports to Congress.--The Secretary of the Treasury, in
    consultation with the Secretary of Agriculture, shall prepare
    and submit to Congress an annual report on the financial
    condition and the results of the operations of the Trust Fund,
    including a description of the use of amounts of grants
    provided under subsection (d), during the preceding fiscal year
    and on its expected condition and operations during the next
    fiscal year.
      (f) Sunset Provision.--Effective January 1, 2008,\19\ the
    Trust Fund shall be abolished and all amounts in the Trust Fund
    on such date shall be transferred to the general fund of the
    Treasury of the United States.
    ---------------------------------------------------------------------------
        \19\ Sec. 5102(c)(2) of the Trade Act of 2002 (Public Law 107-210;
    116 Stat. 1047) struck out ``2004'' and inserted in lieu thereof
    ``2006''. Subsequently, sec. 4002(c)(5) of the Miscellaneous Trade and
    Technical Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2603)
    struck out ``2006'' and inserted in lieu thereof ``2008''.
    ---------------------------------------------------------------------------

                          TITLE VI--REVENUE PROVISIONS

    SEC. 601. APPLICATION OF DENIAL OF FOREIGN TAX CREDIT REGARDING TRADE
                        AND INVESTMENT WITH RESPECT TO CERTAIN FOREIGN
                        COUNTRIES. * * * \20\
    ---------------------------------------------------------------------------

        \20\ Subsec. 601 amends sec. 901(j) of the Internal Revenue Code of
    1986 to provide for a waiver of the denial of a foreign tax credit for
    certain taxes paid or accrued to a foreign country, if the President
    determines and reports to Congress that such waiver is in the U.S.
    national interest and will expand trade and investment opportunities
    for U.S. companies in such country.
    ---------------------------------------------------------------------------

    SEC. 602.\21\ ACCELERATION OF COVER OVER PAYMENTS TO PUERTO RICO AND
                        VIRGIN ISLANDS.

      (a) \22\ Initial Payment.--Section 512(b) of the Ticket to
    Work and Work Incentives Improvement Act of 1999 is amended--
    ---------------------------------------------------------------------------
        \21\ 26 U.S.C. 7652 note.
        \22\ Sec. 602 amends the Ticket to Work and Work Incentives
    Improvement Act of 1999 to accelerate the deadline for the Secretary of
    the Treasury to make the second transfer to Puerto Rico and the Virgin
    Islands of incremental increases in cover over excise taxes on
    distilled spirits imported from such places.
    ---------------------------------------------------------------------------
              * * * * * * *
                    (6) Trade Deficit Review Commission Act

    Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
      Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-547, approved
     October 21, 1998; as amended by Public Law 106-57 [Legislative Branch
    Appropriations Act, 2000; H.R. 1905], 113 Stat. 407, approved September
    29, 1999; and Pubic Law 107-107 [National Defense Authorization Act of
           2002; S. 1438], 115 Stat. 1012, approved December 28, 2001

         AN ACT Making omnibus consolidated and emergency supplemental
     appropriations for the fiscal year ending September 30, 1999, and for
                                other purposes.

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

    DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS

              * * * * * * *
      Sec. 127.\1\ (a) Short Title.--This section may be cited as
    the ``Trade Deficit Review Commission Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2213 note.
    ---------------------------------------------------------------------------
      (b) Findings.--Congress makes the following findings:
              (1) The United States continues to run substantial
            merchandise trade and current account deficits.
              (2) Economic forecasts anticipate continued growth in
            such deficits in the next few years.
              (3) The positive net international asset position
            that the United States built up over many years was
            eliminated in the 1980s. The United States today has
            become the world's largest debtor nation.
              (4) The United States merchandise trade deficit is
            characterized by large bilateral trade imbalances with
            a handful of countries.
              (5) The United States has one of the most open
            borders and economies in the world. The United States
            faces significant tariff and nontariff trade barriers
            with its trading partners. The United States does not
            benefit from fully reciprocal market access.
              (6) The United States is once again at a critical
            juncture in trade policy development. The nature of the
            United States trade deficit and its causes and
            consequences must be analyzed and documented.
      (c) Establishment of Commission.--
              (1) Establishment.--There is established a commission
            to be known as the Trade Deficit Review Commission
            (hereafter in this section referred to as the
            ``Commission'').
              (2) Purpose.--The purpose of the Commission is to
            study the nature, causes, and consequences of the
            United States merchandise trade and current account
            deficits.
              (3) Membership of commission.--
                      (A) Composition.--The Commission shall be
                    composed of 12 members as follows:
                              (i) Three persons shall be appointed
                            by the President pro tempore of the
                            Senate upon the recommendation of the
                            Majority Leader of the Senate, after
                            consultation with the Chairman of the
                            Committee on Finance.
                              (ii) Three persons shall be appointed
                            by the President pro tempore of the
                            Senate upon the recommendation of the
                            Minority Leader of the Senate, after
                            consultation with the ranking minority
                            member of the Committee on Finance.
                              (iii) Three persons shall be
                            appointed by the Speaker of the House
                            of Representatives, after consultation
                            with the Chairman of the Committee on
                            Ways and Means.
                              (iv) Three persons shall be appointed
                            by the Minority Leader of the House of
                            Representatives, after consultation
                            with the ranking minority member of the
                            Committee on Ways and Means.
                      (B) Qualifications of members.--
                              (i) Appointments.--Persons who are
                            appointed under subparagraph (A) shall
                            be persons who--
                                      (I) have expertise in
                                    economics, international trade,
                                    manufacturing, labor,
                                    environment, business, or have
                                    other pertinent qualifications
                                    or experience; and
                                      (II) are not officers or
                                    employees of the United States.
                              (ii) Other considerations.--In
                            appointing Commission members, every
                            effort shall be made to ensure that the
                            members--
                                      (I) are representative of a
                                    broad cross-section of economic
                                    and trade perspectives within
                                    the United States; and
                                      (II) provide fresh insights
                                    to analyzing the causes and
                                    consequences of United States
                                    merchandise trade and current
                                    account deficits.
              (4) Period of appointment; vacancies.--
                      (A) In general.--Members shall be appointed
                    not later than 60 days after the date of
                    enactment of this Act and the appointment shall
                    be for the life of the Commission.
                      (B) Vacancies.--Any vacancy in the Commission
                    shall not affect its powers, but shall be
                    filled in the same manner as the original
                    appointment.
              (5) Initial meeting.--Not later than 30 days after
            the date on which all members of the Commission have
            been appointed, the Commission shall hold its first
            meeting.
              (6) Meetings.--The Commission shall meet at the call
            of the Chairperson.
              (7) Chairperson and vice chairperson.--The members of
            the Commission shall elect a chairperson and vice
            chairperson from among the members of the Commission.
              (8) Quorum.--A majority of the members of the
            Commission shall constitute a quorum for the
            transaction of business.
              (9) Voting.--Each member of the Commission shall be
            entitled to 1 vote, which shall be equal to the vote of
            every other member of the Commission.
      (d) Duties of the Commission.--
              (1) In general.--The Commission shall be responsible
            for examining the nature, causes, and consequences of,
            and the accuracy of available data on, the United
            States merchandise trade and current account deficits.
              (2) Issues to be addressed.--The Commission shall
            examine and report to the President, the Committee on
            Ways and Means of the House of Representatives, the
            Committee on Finance of the Senate, and other
            appropriate committees of Congress on the following:
                      (A) The relationship of the merchandise trade
                    and current account balances to the overall
                    well-being of the United States economy, and to
                    wages and employment in various sectors of the
                    United States economy.
                      (B) The impact that United States monetary
                    and fiscal policies may have on United States
                    merchandise trade and current account deficits.
                      (C) The extent to which the coordination,
                    allocation, and accountability of trade
                    responsibilities among Federal agencies may
                    contribute to the trade and current account
                    deficits.
                      (D) The causes and consequences of the
                    merchandise trade and current account deficits
                    and specific bilateral trade deficits,
                    including--
                              (i) identification and quantification
                            of--
                                      (I) the macroeconomic factors
                                    and bilateral trade barriers
                                    that may contribute to the
                                    United States merchandise trade
                                    and current account deficits;
                                      (II) any impact of the
                                    merchandise trade and current
                                    account deficits on the
                                    domestic economy, industrial
                                    base, manufacturing capacity,
                                    technology, number and quality
                                    of jobs, productivity, wages,
                                    and the United States standard
                                    of living;
                                      (III) any impact of the
                                    merchandise trade and current
                                    account deficits on the defense
                                    production and innovation
                                    capabilities of the United
                                    States; and
                                      (IV) trade deficits within
                                    individual industrial,
                                    manufacturing, and production
                                    sectors, and any relationship
                                    between such deficits and the
                                    increasing volume of intra-
                                    industry and intra-company
                                    transactions;
                              (ii) a review of the adequacy and
                            accuracy of the current collection and
                            reporting of import and export data,
                            and the identification and development
                            of additional data bases and economic
                            measurements that may be needed to
                            properly quantify the merchandise trade
                            and current account balances, and any
                            impact the merchandise trade and
                            current account balances may have on
                            the United States economy; and
                              (iii) the extent to which there is
                            reciprocal market access substantially
                            equivalent to that afforded by the
                            United States in each country with
                            which the United States has a
                            persistent and substantial bilateral
                            trade deficit, and the extent to which
                            such deficits have become structural.
                      (E) Any relationship of United States
                    merchandise trade and current account deficits
                    to both comparative and competitive trade
                    advantages within the global economy,
                    including--
                              (i) a systematic analysis of the
                            United States trade patterns with
                            different trading partners and to what
                            extent the trade patterns are based on
                            comparative and competitive trade
                            advantages;
                              (ii) the extent to which the
                            increased mobility of capital and
                            technology has changed both comparative
                            and competitive trade advantages;
                              (iii) any impact that labor,
                            environmental, or health and safety
                            standards may have on comparative and
                            competitive trade advantages;
                              (iv) the effect that offset and
                            technology transfer agreements have on
                            the long-term competitiveness of the
                            United States manufacturing sectors;
                            and
                              (v) any effect that international
                            trade, labor, environmental, or other
                            agreements may have on United States
                            competitiveness.
                      (F) The extent to which differences in the
                    growth rates of the United States and its
                    trading partners may impact on United States
                    merchandise trade and current account deficits.
                      (G) The impact that currency exchange rate
                    fluctuations and any manipulation of exchange
                    rates may have on United States merchandise
                    trade and current account deficits.
                      (H) The flow of investments both into and out
                    of the United States, including--
                              (i) any consequences for the United
                            States economy of the current status of
                            the United States as a debtor nation;
                              (ii) any relationship between such
                            investment flows and the United States
                            merchandise trade and current account
                            deficits and living standards of United
                            States workers;
                              (iii) any impact such investment
                            flows may have on United States labor,
                            community, environmental, and health
                            and safety standards, and how such
                            investment flows influence the location
                            of manufacturing facilities; and
                              (iv) the effect of barriers to United
                            States foreign direct investment in
                            developed and developing nations,
                            particularly nations with which the
                            United States has a merchandise trade
                            and current account deficit.
      (e) Final Report.--
              (1) In general.--Not later than 15 months \2\ after
            the date of the initial meeting of the Commission, the
            Commission shall submit to the President and Congress a
            final report which contains--
    ---------------------------------------------------------------------------
        \2\ Sec. 2501 of Public Law 106-246 (114 Stat. 556) struck out ``12
    months'' and inserted in lieu thereof ``15 months''.
    ---------------------------------------------------------------------------
                      (A) the findings and conclusions of the
                    Commission described in subsection (d); and
                      (B) recommendations for addressing the
                    problems identified as part of the Commission's
                    analysis.
              (2) Separate views.--Any member of the Commission may
            submit additional findings and recommendations as part
            of the final report.
      (f) Powers of Commission.--
              (1) Hearings.--The Commission may hold such hearings,
            sit and act at such times and places, take such
            testimony, and receive such evidence as the Commission
            may find advisable to fulfill the requirements of this
            section. The Commission shall hold at least 1 or more
            hearings in Washington, D.C., and 4 in different
            regions of the United States.
              (2) Information from federal agencies.--The
            Commission may secure directly from any Federal
            department or agency such information as the Commission
            considers necessary to carry out the provisions of this
            section. Upon request of the Chairperson of the
            Commission, the head of such department or agency shall
            furnish such information to the Commission.
              (3) Postal services.--The Commission may use the
            United States mails in the same manner and under the
            same conditions as other departments and agencies of
            the Federal Government.
      (g) Commission Personnel Matters.--
              (1) Compensation of members.--Each member of the
            Commission shall be compensated at a rate equal to the
            daily equivalent of the annual rate of basic pay
            prescribed for level IV of the Executive Schedule under
            section 5315 of title 5, United States Code, for each
            day (including travel time) during which such member is
            engaged in the performance of the duties of the
            Commission.
              (2) Travel expenses.--The members of the Commission
            shall be allowed travel expenses, including per diem in
            lieu of subsistence, at rates authorized for employees
            of agencies under subchapter I of chapter 57 of title
            5, United States Code, while away from their homes or
            regular places of business in the performance of
            services for the Commission.
              (3) Staff.--
                      (A) In general.--The Chairperson of the
                    Commission may, without regard to the civil
                    service laws and regulations, appoint and
                    terminate an executive director and such other
                    additional personnel as may be necessary to
                    enable the Commission to perform its duties.
                    The employment of an executive director shall
                    be subject to confirmation by the Commission.
                      (B) Compensation.--The Chairperson of the
                    Commission may fix the compensation of the
                    executive director and other personnel without
                    regard to the provisions of chapter 51 and
                    subchapter III of chapter 53 of title 5, United
                    States Code, relating to classification of
                    positions and General Schedule pay rates,
                    except that the rate of pay for the executive
                    director and other personnel may not exceed the
                    rate payable for level V of the Executive
                    Schedule under section 5316 of such title.
              (4) Detail of government employees.--Any Federal
            Government employee may be detailed to the Commission
            without reimbursement, and such detail shall be without
            interruption or loss of civil service status or
            privilege.
              (5) Procurement of temporary and intermittent
            services.--The Chairperson of the Commission may
            procure temporary and intermittent services under
            section 3109(b) of title 5, United States Code, at
            rates for individuals which do not exceed the daily
            equivalent of the annual rate of basic pay prescribed
            for level V of the Executive Schedule under section
            5316 of such title.
              (6) \3\ Applicability of certain pay authorities.--An
            individual who is a member of the Commission and is an
            annuitant or otherwise covered by section 8344 or 8468
            of title 5, United States Code, by reason of membership
            on the Commission is not subject to the provisions of
            section 8344 or 8468 (whichever is applicable) with
            respect to such membership.
    ---------------------------------------------------------------------------
        \3\ Sec. 310(b) of the Legislative Branch Appropriations Act, 2000
    (Public Law 106-57; 113 Stat. 428) added para (6).
        Subsequently, sec. 1048(i)(10) of the National Defense
    Authorization Act for 2002 (P.L. 107-107; 115 Stat. 1229) struck out
    subpara. (A) designation and the text of subpara. (B). Previously
    subpara. (B) read as follows:
        ``(B) Uniformed service.--An individual who is a member of the
    Commission and is a member or former member of a uniformed service is
    not subject to the provisions of subsections (b) and (c) of section
    5532, United States Code, with respect to membership on the
    Commission.''.
    ---------------------------------------------------------------------------
      (h) Support Services.--The Administrator of the General
    Services Administration shall provide to the Commission on a
    reimbursable basis such administrative support services as the
    Commission may request.
      (i) Appropriations.--There are appropriated 2,000,000 to the
    Commission to carry out the provisions of this section. Amounts
    appropriated pursuant to this subsection shall remain available
    until the date which is 90 days after the date on which the
    Commission submits the final report described in subsection
    (e).\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 310(a) of the Legislative Branch Appropriations Act, 2000
    (Public Law 106-57; 113 Stat. 428) added this sentence.
    ---------------------------------------------------------------------------
      (j) \5\ Federal Advisory Committee Act.--The provisions of
    the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C.
    App.) shall not apply to the Commission.
    ---------------------------------------------------------------------------
        \5\ Sec. 310(c) of the Legislative Branch Appropriations Act, 2000
    (Public Law 106-57; 113 Stat. 428) added subsecs. (j) and (k).
    ---------------------------------------------------------------------------
      (k) \5\ Termination.--The Commission shall terminate 90 days
    after the date on which the Commission submits the final report
    under subsection (e).
              * * * * * * *
                    (7) Steel Imports Into the United States

    Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
      Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-591, approved
                                October 21, 1998

         AN ACT Making omnibus consolidated and emergency supplemental
     appropriations for the fiscal year ending September 30, 1999, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *
      Sec. 111. (a) Findings.--Congress makes the following
    findings:
              (1) The current financial crises in Asia, the
            independent States of the former Soviet Union (as
            defined in section 3 of the FREEDOM Support Act),
            Russia, and other areas of the world, involve
            significant depreciation in the currencies of several
            key steel-producing and steel-consuming countries,
            along with a collapse in the domestic demand for steel
            in the countries.
              (2) The crises have generated and will continue to
            generate increases in United States imports of steel,
            both from the countries whose currencies have been
            depreciated and from other Asian steel-producing
            countries that are no longer able to export steel to
            the countries that are experiencing an economic crisis.
              (3) United States imports of finished steel mill
            products from Asian steel-producing countries, such as
            the People's Republic of China, Japan, Korea, India,
            Taiwan, Indonesia, Thailand, and Malaysia, increased by
            79 percent in the first 5 months of 1998.
              (4) Year-to-date imports of steel from Russia now
            exceed the record import levels of 1997, and steel
            imports from Russia and the Ukraine now approach
            2,500,000 net tons.
              (5) Foreign government trade restrictions and private
            restraints of trade distort international trade and
            investment patterns and result in burdens on United
            States commerce, including absorption of a
            disproportionate share of steel diverted from other
            countries.
              (6) The European Union, for example, despite also
            being a major economy, in 1997 imported only one-tenth
            as much finished steel products from Asian steel-
            producing countries as the United States did and has
            restricted imports of steel from the independent states
            of the former Soviet Union and Russia.
              (7) The United States is simultaneously facing a
            substantial increase in steel imports from the
            independent states of the former Soviet Union and
            Russia, caused in part by the closure of Asian markets
            to steel imports.
              (8) There is a well recognized need for improvement
            in the enforcement of the United States trade laws to
            provide an effective response to situations of such
            increased imports.
      (b) Sense of Congress.--Congress calls upon the President
    to--
              (1) pursue enhanced enforcement of the United States
            trade laws with respect to the increase in steel
            imports into the United States, using all remedies
            available under United States laws including imposition
            of offsetting duties, quantitative restrictions, and
            other appropriate remedial measures;
              (2) pursue with all methods at the President's
            disposal to achieve a more equitable sharing of the
            burden of accepting imports of finished steel products
            from Asia and the independent states of the former
            Soviet Union;
              (3) establish a task force within the executive
            branch that has responsibility for closely monitoring
            imports of steel into the United States; and
              (4) report to Congress not later than January 5,
            1999, with a comprehensive plan for responding to the
            increase in steel imports, including ways of limiting
            the deleterious effects on employment, prices, and
            investment in the United States steel industry.
              * * * * * * *
                 (8) Tariffs, Trade Barriers, and the Internet

    Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
      Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-727, approved
                                October 21, 1998

         AN ACT Making omnibus consolidated and emergency supplemental
     appropriations for the fiscal year ending September 30, 1999, and for
                                other purposes.

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

                           DIVISION C--OTHER MATTERS

              * * * * * * *

                          TITLE XII--OTHER PROVISIONS

              * * * * * * *

    SEC. 1203. DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN
                        TARIFFS, TRADE BARRIERS, AND OTHER RESTRICTIONS.

      (a) In General.--It is the sense of Congress that the
    President should seek bilateral, regional, and multilateral
    agreements to remove barriers to global electronic commerce
    through the World Trade Organization, the Organization for
    Economic Cooperation and Development, the Trans-Atlantic
    Economic Partnership, the Asia Pacific Economic Cooperation
    forum, the Free Trade Area of the Americas, the North American
    Free Trade Agreement, and other appropriate venues.
      (b) Negotiating Objectives.--The negotiating objectives of
    the United States shall be--
              (1) to assure that electronic commerce is free from--
                      (A) tariff and nontariff barriers;
                      (B) burdensome and discriminatory regulation
                    and standards; and
                      (C) discriminatory taxation; and
              (2) to accelerate the growth of electronic commerce
            by expanding market access opportunities for--
                      (A) the development of telecommunications
                    infrastructure;
                      (B) the procurement of telecommunications
                    equipment;
                      (C) the provision of Internet access and
                    telecommunications services; and
                      (D) the exchange of goods, services, and
                    digitalized information.
      (c) Electronic Commerce.--For purposes of this section, the
    term ``electronic commerce'' has the meaning given that term in
    section 1104(3).
              * * * * * * *
                  (9) Clarification of Normal Trade Relations

    Partial text of Public Law 105-206 [H.R. 2676], 112 Stat. 686, approved
                                 July 22, 1998

     AN ACT To amend the Internal Revenue Code of 1986 to restructure and
          reform the Internal Revenue Service, and for other purposes.

              Note.--Public Law 105-206 consists primarily of
            amendments to the Internal Revenue Code. Sec. 5003(b)
            amends applicable trade statutes by striking out
            ``most-favored-nation'' (MFN) and inserting in lieu
            thereof ``normal trade relations'' (NTR).

                         TITLE V--ADDITIONAL PROVISIONS

              * * * * * * *

    SEC. 5003.\1\ CLARIFICATION OF DESIGNATION OF NORMAL TRADE RELATIONS.
    ---------------------------------------------------------------------------

        \1\ 19 U.S.C. 2481 note.
    ---------------------------------------------------------------------------
        (a) Findings and Policy.--
              (1) Findings.--The Congress makes the following
            findings:
                      (A) Since the 18th century, the principle of
                    nondiscrimination among countries with which
                    the United States has trade relations, commonly
                    referred to as ``most-favored-nation''
                    treatment, has been a cornerstone of United
                    States trade policy.
                      (B) Although the principle remains firmly in
                    place as a fundamental concept in United States
                    trade relations, the term ``most-favored-
                    nation'' is a misnomer which has led to public
                    misunderstanding.
                      (C) It is neither the purpose nor the effect
                    of the most-favored-nation principle to treat
                    any country as ``most favored''. To the
                    contrary, the principle reflects the intention
                    to confer on a country the same trade benefits
                    that are conferred on any other country, that
                    is, the intention not to discriminate among
                    trading partners.
                      (D) The term ``normal trade relations'' is a
                    more accurate description of the principle of
                    nondiscrimination as it applies to the tariffs
                    applicable generally to imports from United
                    States trading partners, that is, the general
                    rates of duty set forth in column 1 of the
                    Harmonized Tariff Schedule of the United
                    States.
              (2) Policy.--It is the sense of the Congress that--
                      (A) the language used in United States laws,
                    treaties, agreements, executive orders,
                    directives, and regulations should more clearly
                    and accurately reflect the underlying
                    principles of United States trade policy; and
                      (B) accordingly, the term ``normal trade
                    relations'' should, where appropriate, be
                    substituted for the term ``most-favored-
                    nation''.
        (b) Change in Terminology.-- \2\ * * *
    ---------------------------------------------------------------------------
        \2\ Subsec. (b) makes amendments to U.S. trade laws to reflect
    terminology changes.
    ---------------------------------------------------------------------------
        (c) Savings Provisions.--Nothing in this section shall
    affect the meaning of any provision of law, Executive order,
    Presidential proclamation, rule, regulation, delegation of
    authority, other document, or treaty or other international
    agreement of the United States relating to the principle of
    ``most-favored-nation'' (or ``most favored nation'') treatment.
    Any Executive order, Presidential proclamation, rule,
    regulation, delegation of authority, other document, or treaty
    or other international agreement of the United States that has
    been issued, made, granted, or allowed to become effective and
    that is in effect on the effective date of this Act, or was to
    become effective on or after the effective date of this Act,
    shall continue in effect according to its terms until modified,
    terminated, superseded, set aside, or revoked in accordance
    with law.
              * * * * * * *
                   (10) World Trade Organization Transparency

     Partial text of Public Law 105-174 [1998 Supplemental Appropriations
      and Rescissions Act; H.R. 3579], 112 Stat. 58, approved May 1, 1998

    AN ACT Making emergency supplemental appropriations for the fiscal year
               ending September 30, 1998, and for other purposes.

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

                     TITLE III--SUPPLEMENTAL APPROPRIATIONS

              * * * * * * *

                         GENERAL PROVISIONS--THIS TITLE

              * * * * * * *
        Sec. 10006. The President shall instruct the United States
    Representatives to the World Trade Organization to seek the
    adoption of procedures that will ensure broader application of
    the principles of transparency and openness in the activities
    of the organization, including by urging the World Trade
    Organization General Council to--
              (1) permit appropriate meetings of the Council, the
            Ministerial conference, dispute settlement panels, and
            the Appellate Body to be made open to the public; and
              (2) provide for timely public summaries of the
            matters discussed and decisions made in any closed
            meeting of the Conference or Council.
              * * * * * * *
                       (11) Uruguay Round Agreements Act

        Partial text of Public Law 103-465 [H.R. 5110], 108 Stat. 4809,
     approved December 8, 1994; as amended by Public Law 104-127 [Federal
     Agriculture Improvement and Reform Act of 1996; H.R. 2854], 110 Stat.
      888, approved April 4, 1996; Public Law 104-188 [Small Business Job
    Protection Act of 1996; H.R. 3448], 110 Stat. 1755, approved August 20,
        1996; and Public Law 104-295 [Miscellaneous Trade and Technical
     Corrections Act of 1996; H.R. 3815], 110 Stat. 3514, approved October
                                    11, 1996

     AN ACT To approve and implement the trade agreements concluded in the
               Uruguay Round of multilateral trade negotiations.

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

    SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Uruguay
    Round Agreements Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3501 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--* * *

    SEC. 2.\2\ DEFINITIONS.

        For purposes of this Act:
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 3501.
    ---------------------------------------------------------------------------
              (1) GATT 1947; gatt 1994.--
                      (A) GATT 1947.--The term ``GATT 1947'' means
                    the General Agreement on Tariffs and Trade,
                    dated October 30, 1947, annexed to the Final
                    Act Adopted at the Conclusion of the Second
                    Session of the Preparatory Committee of the
                    United Nations Conference on Trade and
                    Employment, as subsequently rectified, amended,
                    or modified by the terms of legal instruments
                    which have entered into force before the date
                    of entry into force of the WTO Agreement.
                      (B) GATT 1994.--The term ``GATT 1994'' means
                    the General Agreement on Tariffs and Trade
                    annexed to the WTO Agreement.
              (2) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.
              (3) International trade commission.--The term
            ``International Trade Commission'' means the United
            States International Trade Commission.
              (4) Multilateral trade agreement.--The term
            ``multilateral trade agreement'' means an agreement
            described in section 101(d) of this Act (other than an
            agreement described in paragraph (17) or (18) of such
            section).
              (5) Schedule xx.--The term ``Schedule XX'' means
            Schedule XX--United States of America annexed to the
            Marrakesh Protocol to the GATT 1994.
              (6) Trade representative.--The term ``Trade
            Representative'' means the United States Trade
            Representative.
              (7) Uruguay round agreements.--The term ``Uruguay
            Round Agreements'' means the agreements approved by the
            Congress under section 101(a)(1).
              (8) World trade organization and wto.--The terms
            ``World Trade Organization'' and ``WTO'' mean the
            organization established pursuant to the WTO Agreement.
              (9) WTO agreement.--The term ``WTO Agreement'' means
            the Agreement Establishing the World Trade Organization
            entered into on April 15, 1994.
              (10) WTO members and wto member country.--The terms
            ``WTO member'' and ``WTO member country'' means a
            state, or separate customs territory (within the
            meaning of Article XII of the WTO Agreement), with
            respect to which the United States applies the WTO
            Agreement.

     TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE URUGUAY
                                ROUND AGREEMENTS

           Subtitle A--Approval of Agreements and Related Provisions

    SEC. 101.\3\ APPROVAL AND ENTRY INTO FORCE OF THE URUGUAY ROUND
                        AGREEMENTS.

        (a) Approval of Agreements and Statement of Administrative
    Action.--Pursuant to section 1103 of the Omnibus Trade and
    Competitiveness Act of 1988 (19 U.S.C. 2903) and section 151 of
    the Trade Act of 1974 (19 U.S.C. 2191), the Congress approves--
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 3511.
    ---------------------------------------------------------------------------
              (1) the trade agreements described in subsection (d)
            resulting from the Uruguay Round of multilateral trade
            negotiations under the auspices of the General
            Agreement on Tariffs and Trade, entered into on April
            15, 1994, and submitted to the Congress on September
            27, 1994; and
              (2) the statement of administrative action proposed
            to implement the agreements that was submitted to the
            Congress on September 27, 1994.
        (b) \4\ Entry Into Force.--At such time as the President
    determines that a sufficient number of foreign countries are
    accepting the obligations of the Uruguay Round Agreements, in
    accordance with article XIV of the WTO Agreement, to ensure the
    effective operation of, and adequate benefits for the United
    States under, those Agreements, the President may accept the
    Uruguay Round Agreements and implement article VIII of the WTO
    Agreement.
    ---------------------------------------------------------------------------
        \4\ In a memorandum for the USTR, the President, on December 23,
    1994, determined that, with the commitment of Canada, the European
    Community, Mexico, Japan, and other major trading countries, a
    sufficient number of foreign countries had accepted the obligations of
    the Agreement Establishing the World Trade Organization, and so
    directed the USTR or his designee to accept the Uruguay Round
    Agreements on behalf of the United States (60 F.R. 1003).
    ---------------------------------------------------------------------------
        (c) Authorization of Appropriations.--There are authorized
    to be appropriated annually such sums as may be necessary for
    the payment by the United States of its share of the expenses
    of the WTO.
        (d) Trade Agreements to Which This Act Applies.--Subsection
    (a) applies to the WTO Agreement and to the following
    agreements annexed to that Agreement:
              (1) The General Agreement on Tariffs and Trade 1994.
              (2) The Agreement on Agriculture.
              (3) The Agreement on the Application of Sanitary and
            Phytosanitary Measures.
              (4) The Agreement on Textiles and Clothing.
              (5) The Agreement on Technical Barriers to trade.
              (6) The Agreement on Trade-Related Investment
            Measures.
              (7) The Agreement on Implementation of Article VI of
            the General Agreement on Tariffs and Trade 1994.
              (8) The Agreement on Implementation of Article VII of
            the General Agreement on Tariffs and Trade 1994.
              (9) The Agreement on Preshipment Inspection.
              (10) The Agreement on Rules of Origin.
              (11) The Agreement on Import Licensing Procedures.
              (12) The Agreement on Subsidies and Countervailing
            Measures.
              (13) The Agreement on Safeguards.
              (14) The General Agreement on Trade in Services.
              (15) The Agreement on Trade-Related Aspects of
            Intellectual Property Rights.
              (16) The Understanding on Rules and Procedures
            Governing the Settlement of Disputes.
              (17) The Agreement on Government Procurement.
              (18) The International Bovine Meat Agreement.

    SEC. 102.\5\ RELATIONSHIP OF THE AGREEMENTS TO UNITED STATES LAW AND
                        STATE LAW.

        (a) Relationship of Agreements to United States Law.--
              (1) United states law to prevail in conflict.--No
            provision of any of the Uruguay Round agreements, nor
            the application of any such provision to any person or
            circumstance, that is inconsistent with any law of the
            United States shall have effect.
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 3512.
    ---------------------------------------------------------------------------
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States, including any law relating to--
                              (i) the protection of human, animal,
                            or plant life or health,
                              (ii) the protection of the
                            environment, or
                              (iii) worker safety, or
                      (B) to limit any authority conferred under
                    any law of the United States, including section
                    301 of the Trade Act of 1974,
            unless specifically provided for in this Act.
        (b) * * *
        (c) * * *
        (d) * * *

    SEC. 103.\6\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE;
                        REGULATIONS.

        (a) Implementing Actions.--After that date of the enactment
    of this Act--
    ---------------------------------------------------------------------------
        \6\ 19 U.S.C. 3513.
    ---------------------------------------------------------------------------
              (1) the President may proclaim such actions, and
              (2) other appropriate officers of the United States
            Government may issue such regulations,
    as may be necessary to ensure that any provision of this Act,
    or amendment made by this Act, that takes effect on the date
    any of the Uruguay Round Agreements enters into force with
    respect to the United States is appropriately implemented on
    such date. Such proclamation or regulation may not have an
    effective date earlier than the date of entry into force with
    respect to the United States of the agreement to which the
    proclamation or regulation relates.
        (b) Regulations.--Any interim regulation necessary or
    appropriate to carry out any action proposed in the statement
    of administrative action approved under section 101(a) to
    implement an agreement described in section 101(d) (7), (12),
    or (13) shall be issued not later than 1 year after the date on
    which the agreement enters into force with respect to the
    United States.
              * * * * * * *

                         Subtitle D--Related Provisions

    SEC. 131.\7\ WORKING PARTY ON WORKER RIGHTS.

        (a) In General.--The President shall seek the establishment
    in the GATT 1947, and, upon entry into force of the WTO
    Agreement with respect to the United States, in the WTO, of a
    working party to examine the relationship of internationally
    recognized worker rights, as defined in section 507(4) \8\ of
    the Trade Act of 1974, to the articles, objectives, and related
    instruments of the GATT 1947 and of the WTO, respectively.
    ---------------------------------------------------------------------------
        \7\ 19 U.S.C. 3551.
        \8\ Sec. 1954(a)(6) of Public Law 104-188 (110 Stat. 1928) struck
    out ``504(a)(7)'' and inserted in lieu thereof ``507(4)''.
    ---------------------------------------------------------------------------
        (b) Objectives of Working Party.--The objectives of the
    United States for the working party described in subsection (a)
    are to--
              (1) explore the linkage between international trade
            and internationally recognized worker rights, as
            defined in section 507(4) \8\ of the Trade Act of 1974,
            taking into account differences in the level of
            development among countries;
              (2) examine the effects on international trade of the
            systematic denial of such rights;
              (3) consider ways to address such effects; and
              (4) develop methods to coordinate the work program of
            the working party with the International Labor
            Organization.
        (c) Report to Congress.--The President shall report to the
    Congress, not later than 1 year after the date of the enactment
    of this Act, on the progress made in establishing the working
    party under this section, and on United States objectives with
    respect to the working party's work program.

    SEC. 132.\9\ IMPLEMENTATION OF RULES OF ORIGIN WORK PROGRAM.

        If the President enters into an agreement developed under
    the work program described in Article 9 of the Agreement on
    Rules of Origin referred to in section 101(d)(10), the
    President may implement United States obligations under such an
    agreement under United States law only pursuant to authority
    granted to the President for that purpose by law enacted after
    the effective date of this section.\10\
    ---------------------------------------------------------------------------
        \9\ 19 U.S.C. 3552.
        \10\ Sec. 20(a)(2) of Public Law 104-295 (110 Stat. 3527) struck
    out ``title'' and inserted in lieu thereof ``section''.
    ---------------------------------------------------------------------------

    SEC. 133.\11\ MEMBERSHIP IN WTO OF BOYCOTTING COUNTRIES.

        It is the sense of the Congress that the Trade
    Representative should vigorously oppose the admission into the
    World Trade Organization of any country which, through its
    laws, regulations, official policies, or governmental
    practices, fosters, imposes, complies with, furthers, or
    supports any boycott described in section 8(a) of the Export
    Administration Act of 1979 (50 U.S.C. App. 2407(a)) (as in
    effect on August 20, 1994), including requiring or encouraging
    entities within that country to refuse to do business with
    persons who do not comply with requests to take any action
    prohibited under that section.
    ---------------------------------------------------------------------------
        \11\ 19 U.S.C. 3553.
    ---------------------------------------------------------------------------

    SEC. 134.\12\ AFRICA TRADE AND DEVELOPMENT POLICY.

        (a) Development of Policy.--The President should develop
    and implement a comprehensive trade and development policy for
    the countries of Africa.
    ---------------------------------------------------------------------------
        \12\ 19 U.S.C. 3554.
    ---------------------------------------------------------------------------
        (b) Reports to Congress.--The President shall, not later
    than 12 months after the date of the enactment of this Act and
    annually thereafter for a period of 4 years, submit to the
    Committee on Ways and Means and the Committee on Foreign
    Affairs \13\ of the House of Representatives, the Committee on
    Finance and the Committee on Foreign Relations of the Senate,
    and other appropriate committees of the Congress, a report on
    the steps taken to carry out subsection (a).
    ---------------------------------------------------------------------------
        \13\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives should be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              * * * * * * *

                    TITLE IV--AGRICULTURE-RELATED PROVISIONS

                            Subtitle A--Agriculture

              * * * * * * *

                                Part II--Exports

    SEC. 411.\14\ EXPORT PROGRAMS.

        (a) Export Enhancement Program.--
              (1) Short title.--This subsection may be cited as the
            ``Export Enhancement Program Amendments of 1994''.
    ---------------------------------------------------------------------------
        \14\ 7 U.S.C. 5601 note.
    ---------------------------------------------------------------------------
              (2) * * *
              (3) * * *
              (4) * * *
        (b) * * *
        (c) * * *
        (d) * * *
        (e) \15\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \15\ Formerly at 19 U.S.C. 3611. Sec. 201(b) of the Federal
    Agriculture Improvement and Reform Act (Public Law 104-127; 110 Stat.
    951) repealed sec. 411 after inserting nearly identical language into
    sec. 3 of the Agricultural Trade Development and Assistance Act of 1954
    (7 U.S.C. 1691a; see Legislation on Foreign Relations Through 2005,
    vol. I-B).
    ---------------------------------------------------------------------------
              * * * * * * *
                     (12) Jobs Through Exports Act of 1992

     Partial text of Public Law 102-549 [Jobs Through Exports Act of 1992;
     H.R. 4996], 106 Stat. 3651, approved October 28, 1992; as amended by
    Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995;
               S. 790], 109 Stat. 707, approved December 21, 1995

              Note.--The Jobs Through Exports Act of 1992 primarily
            consists of amendments to the Foreign Assistance Act of
            1961, Trade and Development Enhancement Act of 1983,
            Agricultural Trade Development and Assistance Act of
            1954, and 5 U.S.C. These amendments have been
            incorporated into those Acts and sections of the U.S.
            Code at the appropriate locations.
              These freestanding sections are also printed in
            Legislation on Foreign Relations Through 2005, vols. I-
            A and I-B.

      AN ACT To extend the authorities of the Overseas Private Investment
                      Corporation, 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.\1\ SHORT TITLE.

        This Act may be cited as the ``Jobs Through Exports Act of
    1992''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                   TITLE III--AID, TRADE, AND COMPETITIVENESS

    SEC. 301.\2\ SHORT TITLE.

        This title may be cited as the ``Aid, Trade, and
    Competitiveness Act of 1992''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2421a note.
    ---------------------------------------------------------------------------

    SEC. 302.\3\ CAPITAL PROJECTS OFFICE WITHIN THE AGENCY FOR
                        INTERNATIONAL DEVELOPMENT.

        (a) Establishment of Office.--The Administrator of AID
    shall establish a capital projects office to carry out the
    purposes described in subsection (b).
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2421a.
    ---------------------------------------------------------------------------
        (b) Purposes of Office.--The purposes referred to in
    subsection (a) are--
              (1) to develop an AID program that would focus solely
            on developmentally sound capital projects, taking into
            consideration development needs of the host country and
            the export opportunities for the United States; and
              (2) to consider specifically opportunities for United
            States high-technology firms, including small- and
            medium-sized firms, in supporting capital projects for
            developing countries and for countries making the
            transition from nonmarket to market economies.
        (c) Activities of AID.--The Administrator of AID (acting
    through the capital projects office), in coordination with the
    appropriate members of the Trade Promotion Coordination
    Committee--
              (1) shall support capital projects in developing
            countries and in countries making the transition from
            nonmarket to market economies;
              (2) shall periodically review infrastructure needs in
            developing countries and countries making the
            transition from nonmarket to market economies and shall
            explore opportunities for United States firms in the
            development of new capital projects in these countries,
            keeping both United States firms and the Congress
            informed of these reviews;
              (3) shall ensure that each capital project for which
            AID provides funding is developmentally sound, as
            determined under the criteria developed by the
            Development Assistance Committee of the Organization
            for Economic Cooperation and Development;
              (4) shall coordinate its activities with other AID
            offices, and work with AID country missions, in
            developing capital projects that provide opportunities
            for United States firms consistent with AID's primary
            mission to help developing countries with traditional
            development projects;
              (5) shall coordinate, where appropriate, funds
            available to AID for tied-aid purposes; and
              (6) shall play a special role in helping to meet the
            infrastructure needs of countries making the transition
            from nonmarket to market economies by meeting the
            challenge of infrastructure assistance provided by
            foreign governments to those countries, including by
            undertaking a comprehensive study of the infrastructure
            needs of the various countries making the transition
            from nonmarket to market economies--
                      (A) to identify those sectors in the
                    economies of these countries that are most in
                    need of rebuilding, and
                      (B) to identify the state of technology in
                    these countries and the opportunity for United
                    States high technology firms to help develop a
                    technological infrastructure in these
                    countries, including an assessment of export
                    opportunities for United States high technology
                    companies.
            The results of the study conducted pursuant to
            paragraph (6) shall be reported to the appropriate
            congressional committees within 12 months after the
            date of the enactment of this Act.

    SEC. 303.\4\ CAPITAL PROJECTS FOR POVERTY ALLEVIATION AND ENVIRONMENTAL
                        SAFETY AND SUSTAINABILITY.

        (a) Purposes.--The Administrator of AID shall develop a
    program, in accordance with subsection (b), that focuses on
    developmentally sound capital projects for basic infrastructure
    that will measurably alleviate the worst manifestations of
    poverty or directly promote environmental safety and
    sustainability at the community level, taking into
    consideration development needs of the host country and export
    opportunities for services and goods from the United States.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2421b.
    ---------------------------------------------------------------------------
        (b) Activities of AID.--In order to carry out subsection
    (a), the Administrator of AID shall, working with AID technical
    support staff, regional bureau staff, and country missions,
    identify and provide funding for capital projects to alleviate
    the worst manifestations of poverty or to promote environmental
    safety and sustainability at the community level in countries
    receiving assistance under part I of the Foreign Assistance Act
    of 1961. Such projects may include basic sanitation systems,
    basic water supply and treatment, pollution control, and rural
    infrastructure benefiting poor communities or establishing
    environmentally sustainable patterns of rural development. Such
    projects should have measurable positive effects on indicators
    of human and environmental health.

    SEC. 304.\5\ COORDINATION.

        The President shall use the Trade Promotion Coordination
    Committee to coordinate activities under this title with other
    relevant activities of the United States Government.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 2421c.
    ---------------------------------------------------------------------------

    SEC. 305.\6\ REPORTS TO CONGRESS ON CAPITAL PROJECTS.

        Not later than May 1, 1993, the President shall submit to
    the Congress a report describing--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2421a note.
    ---------------------------------------------------------------------------
              (1) the extent to which United States Government
            resources have been expended specifically to support
            the projects described in this title in developing
            countries and countries making the transition from
            nonmarket to market economies;
              (2) the extent to which the activities of the United
            States Government have been coordinated pursuant to
            section 304; and
              (3) the extent to which United States Government
            capital projects and tied-aid credit programs have
            affected United States exports.

    SEC. 306.\7\ FUNDING FOR CAPITAL PROJECTS.

        (a) Funding Level.--The Congress strongly urges the
    President to use at least $650,000,000 for fiscal year 1993 and
    at least $700,000,000 for fiscal year 1994 of the total amounts
    made available for assistance under chapter 4 of part II of the
    Foreign Assistance Act of 1961 (relating to the economic
    support fund), assistance under the Support for East European
    Democracy (SEED) Act of 1989, assistance under the Freedom for
    Russia and Emerging Eurasian Democracies and Open Markets
    Support Act of 1992, and assistance under the Multilateral
    Assistance Initiative for the Philippines, for grants for
    developmentally sound capital projects. Such grants may be
    combined with financing offered by private financial entities
    or other entities.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2421d.
    ---------------------------------------------------------------------------
        (b) Development Assistance Capital Projects.--Funds
    appropriated to carry out chapter 1 or chapter 10 of part I of
    the Foreign Assistance Act of 1961 (relating to development
    assistance and the Development Fund for Africa) may not be used
    for capital projects that do not meet the criteria contained in
    section 303 of this Act. This subsection does not apply with
    respect to capital projects for which funds have been obligated
    or expended before the date of the enactment of this Act.

    SEC. 307.\8\ REPORT ON THE FEASIBILITY OF AID CREDIT GUARANTEES TO
                        FINANCE CAPITAL PROJECTS.

        Not later than May 1, 1993, the President shall submit to
    the Committee on Foreign Affairs \9\ and the Committee on
    Appropriations of the House of Representatives and the
    Committee on Foreign Relations and the Committee on
    Appropriations of the Senate a report on the feasibility of
    allowing AID to offer credit guarantees for the financing of
    capital projects.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2421a note.
        \9\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 308.\10\ DEFINITIONS.

        For purposes of this title--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 2421e.
    ---------------------------------------------------------------------------
              (1) the term ``AID'' means the Agency for
            International Development; and
              (2) the term ``capital project'' means a project
            involving the construction, expansion, alteration of,
            or the acquisition of equipment for, a physical
            facility or physical infrastructure, including related
            engineering design (concept and detail) and other
            services, the procurement of equipment (including any
            related services), and feasibility studies or similar
            engineering and economic services.

                   TITLE IV--UNITED STATES COMMERCIAL CENTERS

    SEC. 401.\11\ UNITED STATES COMMERCIAL CENTERS.

        (a) Establishment.--The Secretary of Commerce, in his or
    her role as chairperson of the Trade Promotion Coordinating
    Committee, is authorized and encouraged to establish United
    States Commercial Centers (hereinafter in this section referred
    to as ``Centers'') in Asia, in Latin America, and in Africa.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 4723a.
    ---------------------------------------------------------------------------
        (b) Purpose of the Centers.--The purpose of the Centers
    shall be to provide additional resources for the promotion of
    exports of United States goods and services to the host
    countries, by familiarizing United States exporters with the
    industries, markets, and customs of the host countries, thus
    facilitating commercial ties and trade.
        (c) Functions of the Centers.--Each Center shall--
              (1) collect and publish economic and market data with
            respect to the host country;
              (2) provide, on a user-fee basis, preliminary
            technical and clerical assistance, language
            translation, and administrative assistance, and
            information regarding the legal systems, laws,
            regulations, and procedures of the host country, to
            United States exporters seeking to do business in the
            host country; and
              (3) in other ways promote exports of United States
            goods and services to the host country.
        (d) Specific Services To Be Provided.--To carry out its
    objectives, each Center shall make available the following (on
    a user-fee basis):
              (1) Business facilities.--Business facilities,
            including exhibition space, conference rooms, office
            space (including telephones and other basic office
            equipment), and, where warranted by impeding
            deficiencies in the public system, high quality
            international telecommunications facilities.
              (2) Business services.--Business support services,
            including language translation services, clerical
            services, and a commercial library containing a
            comprehensive collection of reference materials
            covering United States and host country industries and
            markets.
              (3) Commercial law information services.--Commercial
            law information services, including--
                      (A) a clearinghouse for information regarding
                    the relevant commercial laws, practices, and
                    regulations of the host country;
                      (B) publications to assist United States
                    businesses;
                      (C) legal referral services; and
                      (D) lists of local agents and distributors.
        (e) Other Trade Promotion Activities.--Each Center shall
    also promote United States export trade by--
              (1) facilitating contacts between buyers, sellers,
            bankers, traders, distributors, agents, and necessary
            government officials from the United States and the
            host country;
              (2) coordinating trade missions; and
              (3) assisting with applications, contracts, and
            clearances for imports into the host country and
            exports from the United States.
        (f) Staffing of Centers.--Each Center shall be staffed by
    members of the United States and Foreign Commercial Service,
    participants in the Market Development Cooperator Program
    established under section 2303 of the Export Enhancement Act of
    1988 (15 U.S.C. 4723), other employees of the Department of
    Commerce, and employees of appropriate executive branch
    departments and agencies which are members of the Trade
    Promotion Coordinating Committee.
        (g) Center Facilities and Their Relationship to United
    States Department of Commerce Operations in Host Countries.--
              (1) Physical accommodations for the centers.--The
            Secretary of Commerce shall locate each Center in the
            primary commercial city of the host country. The
            Secretary shall acquire office space, exhibition space,
            and other facilities and equipment that are necessary
            for each Center to perform its functions. To the extent
            feasible, each Center shall be located in the central
            commercial district of the host city.
              (2) Consolidation of department of commerce
            operations in host countries.--For the purpose of
            obtaining maximum effectiveness and efficiency and to
            the extent consistent with the purposes of the Centers,
            the Secretary of Commerce is encouraged to place all
            personnel of the Department of Commerce who are
            assigned to the city in which a Center is located in
            the same facilities as those in which the Center
            conducts its activities.
        (h) Use of Market Development Cooperator Program.--The
    Secretary of Commerce shall, to the greatest extent feasible,
    use the Market Development Cooperator Program established under
    section 2303 of the Export Enhancement Act of 1988 (15 U.S.C.
    4723) to assist in carrying out the purposes of the Centers
    established under this section.
        (i) Authorization of Appropriations.--There are authorized
    to be appropriated to the Secretary of Commerce to carry out
    this section $8,000,000 for fiscal year 1993, and $5,500,000
    for fiscal year 1994. Funds made available under this
    subsection may be used for the acquisition of real property.
        (j) \12\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \12\ Sec. 1021(b) of Public Law 104-66 (109 Stat. 712) repealed
    subsec. (j), which had required the Secretary of Commerce to report
    annually to the House Committee on International Relations and the
    Senate Committee on Banking, Housing and Urban Affairs on the status,
    activities, and effectiveness of Commercial Centers.
    ---------------------------------------------------------------------------
        (k) Definitions.--For purposes of this section--
              (1) the term ``United States exporter'' means--
                      (A) a United States citizen,
                      (B) a corporation, partnership, or other
                    association created under the laws of the
                    United States or of any State, or
                      (C) a foreign corporation, partnership, or
                    other association, more than 95 percent of
                    which is owned by persons described in
                    subparagraphs (A) and (B),
            that exports, or seeks to export, goods or services
            produced in the United States;
              (2) the term ``State'' means any of the several
            States, the District of Columbia, or any commonwealth,
            territory, or possession of the United States; and
              (3) the term ``United States'' means the several
            States, the District of Columbia, and any commonwealth,
            territory, or possession of the United States.

                   TITLE V--OTHER EXPORT PROMOTION ACTIVITIES

    SEC. 501.\13\ ADDITIONAL PROCUREMENT OFFICERS.

        (a) Appointment.--The Secretary of Commerce, in
    consultation with the Secretary of the Treasury, shall appoint
    one or more full-time additional procurement officers, for each
    multilateral development bank, to promote exports of goods and
    services from the United States by doing the following:
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 262s-2 note.
    ---------------------------------------------------------------------------
              (1) Acting as the liaison between the business
            community and one or more multilateral development
            banks, whether or not the banks have offices in the
            United States. The Secretary of Commerce shall ensure
            that the procurement officer has access to, and
            disseminates to United States businesses, information
            relating to projects which are being proposed by the
            multilateral development bank involved, and bid
            specifications and deadlines for projects about to be
            developed by the bank. The procurement officer shall
            make special efforts to disseminate such information to
            small- and medium-sized businesses interested in
            participating in such projects. The procurement officer
            shall explore opportunities for disseminating such
            information through private sector, nonprofit
            organizations.
              (2) Taking actions to assure that United States
            businesses are fully informed of bidding opportunities
            for projects for which loans have been made by the
            multilateral development bank involved.
              (3) Taking actions to assure that United States
            businesses can focus on projects in which they have a
            particular interest or competitive advantage, and to
            permit them to compete and have an equal opportunity in
            submitting timely and conforming bidding documents.
        (b) Definition.--As used in this section, the term
    ``multilateral development bank'' has the meaning given that
    term in section 1701(c) of the International Financial
    Institutions Act (22 U.S.C. 262r(c)).
        (c) Authorization of Appropriations.--There are authorized
    to be appropriated to the Secretary of Commerce $1,000,000 for
    each of the fiscal years 1993 and 1994 to carry out this
    section. Amounts appropriated pursuant to this subsection shall
    be available only for the purpose of making the appointment of
    additional procurement officers required by subsection (a).
              * * * * * * *

                      TITLE VII--TRADE PROMOTION EXPANSION

    SEC. 701. INCREASE IN COMMERCIAL SERVICE OFFICERS IN CERTAIN COUNTRIES.

        (a) Authorization of Appropriations.--In addition to
    amounts otherwise available, there are authorized to be
    appropriated $5,000,000 for each of the fiscal years 1993 and
    1994 for use by the Assistant Secretary of Commerce and
    Director General of the United States and Foreign Commercial
    Service in accordance with subsection (b).
        (b) Use of Funds.--Amounts appropriated pursuant to
    subsection (a) shall be available only for placing and
    maintaining 20 additional Commercial Service Officers abroad.
    The Secretary of Commerce, acting through the Assistant
    Secretary of Commerce and Director General of the United States
    and Foreign Commercial Service, may place such additional
    Commercial Service Officers--
              (1) in countries with which the United States has the
            largest trade deficit, and
              (2) in newly emerging market economy countries, with
            democratically elected governments, in Central and
            Eastern Europe and elsewhere.
        (c) Report to Congress.--The Secretary of Commerce, acting
    through the Assistant Secretary of Commerce and the Director
    General of the United States and Foreign Commercial Service,
    shall, not later than December 31, 1994, submit to the
    Committee on Foreign Affairs of the House of Representatives
    \9\ and the Committee on Banking, Housing, and Urban Affairs of
    the Senate on the implementation of subsection (b). Each report
    shall specify--
              (1) in what countries the additional Commercial
            Service Officers were placed, and the number of such
            officers placed in each such country; and
              (2) the effectiveness of the presence of the
            additional Commercial Service Officers in increasing
            United States exports to the countries in which such
            officers were placed.

                         TITLE VIII--GENERAL PROVISIONS

    SEC. 801.\14\ IMPACT ON EMPLOYMENT IN THE UNITED STATES.

        No funds made available to carry out any provision of this
    Act or the amendments made by this Act may be obligated or
    expended for any financial incentive to a business enterprise
    currently located in the United States for the purpose of
    inducing such an enterprise to relocate outside the United
    States, if such incentive or inducement is likely to reduce the
    number of employees in the United States because United States
    production is being replaced by such enterprise outside the
    United States.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 802.\15\ INTERNATIONALLY RECOGNIZED WORKER RIGHTS.

        No funds made available to carry out any provision of this
    Act or the amendments made by this Act may be obligated or
    expended for any project or activity that contributes to the
    violation of internationally recognized workers rights, as
    defined in section 502(a)(4) of the Trade Act of 1974, of
    workers in the recipient country, including any designated zone
    in that country.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 2151 note.
               (13) Omnibus Trade and Competitiveness Act of 1988

        Partial text of Public Law 100-418 [H.R. 4848], 102 Stat. 1107,
     approved August 23, 1988; as amended by Public Law 100-647 [Technical
      and Miscellaneous Revenue Act of 1988; H.R. 4333], 102 Stat. 3342,
         approved November 10, 1988; Public Law 101-240 [International
       Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492,
     approved December 19, 1989; Public Law 101-382 [Customs and Trade Act
     of 1990; H.R. 1594], 104 Stat. 629, approved August 20, 1990; Public
      Law 102-429 [Export Enhancement Act of 1992; H.R. 5739], 106 Stat.
       2186, approved October 21, 1992; Public Law 102-549 [Jobs Through
     Exports Act of 1992; H.R. 4996], 106 Stat. 3651, approved October 28,
     1992; Public Law 103-49 [H.R. 1876], 107 Stat. 239, approved July 2,
     1993; Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317,
       approved December 17, 1993; Public Law 103-236 [Foreign Relations
     Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat.
     382, approved April 30, 1994; Public Law 103-382 [Improving America's
      Schools Act of 1994; H.R. 6], 108 Stat. 3518, approved October 20,
      1994; Public Law 103-392 [Jobs Through Trade Expansion Act of 1994;
     H.R. 4950], 108 Stat. 4098, approved October 22, 1994; Public Law 103-
    465 [Uruguay Round Agreements Act; H.R. 5110], 108 Stat. 4809, approved
     December 8, 1994; Public Law 104-65 [Lobbying Disclosure Act of 1995;
    S. 1060], 109 Stat. 691, approved December 19, 1995; Public Law 104-66
    [Federal Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat.
    707, approved December 21, 1995; Public Law 104-188 [Small Business Job
    Protection Act of 1996; H.R. 3448], 110 Stat. 1755, approved August 20,
     1996; Public Law 104-288 [United States National Tourism Organization
      Act of 1996; H.R. 2579], 110 Stat. 3402, approved October 11, 1996;
     Public Law 104-295 [Miscellaneous Trade and Technical Corrections Act
    of 1996; H.R. 3815], 110 Stat. 3514, approved October 11, 1996; Public
      Law 105-258 [Ocean Shipping Reform Act of 1998; S. 414], 112 Stat.
        1902, approved October 14, 1998; and Public Law 106-158 [Export
    Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745, approved December
                                    9, 1999

              Note.--The Omnibus Trade and Competitiveness Act of
            1988 consists of amendments to several Public Laws
            relating to tariff and trade. Amendments have been
            incorporated at the appropriate places. Freestanding
            provisions are presented here, or it is noted where
            such provisions appear elsewhere in this compilation.

      AN ACT To enhance the competitiveness of American industry, 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 AND TABLE OF CONTENTS.

      (a) \1\ Short Title.--This Act may be cited as the ``Omnibus
    Trade and Competitiveness Act of 1988''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2901 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--
                                                                       Page

    Sec. 1. Short title and table of contents........................   686
    Sec. 2. Legislative history of H.R. 3 applicable.................   690

                    TITLE I--TRADE, CUSTOMS, AND TARIFF LAWS

    Sec. 1001. Findings and purposes.................................   690

                   Subtitle A--United States Trade Agreements
           part 1--negotiation and implementation of trade agreements

    Sec. 1101. Overall and principal trade negotiating objectives of
      the United States..............................................   691
    Sec. 1102. Trade agreement negotiating authority.................   696
    Sec. 1103. Implementation of trade agreements....................   700
    Sec. 1105. Termination and reservation authority; reciprocal
      nondiscriminatory treatment....................................   704
    Sec. 1106. Accession of state trading regimes to the General
      Agreement on Tariffs and Trade or the WTO......................   705
    Sec. 1107. Definitions and conforming amendments.................   706

            part 3--other trade agreement and negotiation provisions

    Sec. 1121. Implementation of Nairobi Protocol....................   707
    Sec. 1122. Implementation of United States-EC Agreement on citrus
      and pasta......................................................   709
    Sec. 1123. Extension of International Coffee Agreement Act of
      1980...........................................................   710
    Sec. 1124. Negotiations on currency exchange rates...............   710
    Sec. 1125. Reports on negotiations to eliminate wine trade
      barriers.......................................................   710

          Subtitle B--Implementation of the Harmonized Tariff Schedule

    Sec. 1201. Purposes..............................................   711
    Sec. 1202. Definitions...........................................   711
    Sec. 1203. Congressional approval of United States accession to
      the Convention.................................................   712
    Sec. 1204. Enactment of the Harmonized Tariff Schedule...........   712
    Sec. 1205. Commission review of, and recommendations regarding,
      the Harmonized Tariff Schedule.................................   714
    Sec. 1206. Presidential action on Commission recommendations.....   715
    Sec. 1207. Publication of the Harmonized Tariff Schedule.........   715
    Sec. 1208. Import and export statistics..........................   716
    Sec. 1209. Coordination of trade policy and the Convention.......   716
    Sec. 1210. United States participation on the Customs Cooperation
      Council regarding the Convention...............................   716
    Sec. 1211. Transition to the Harmonized Tariff Schedule..........   717
    Sec. 1212. Reference to the Harmonized Tariff Schedule...........   720
    Sec. 1216. Commission report on operation of subtitle............   720
    Sec. 1217. Effective dates.......................................   720

          Subtitle C--Response to Unfair International Trade Practices
    part 1--enforcement of united states rights under trade agreements and
                  response to certain foreign trade practices

    Sec. 1303. Identification of countries that deny adequate and
      effective protection of intellectual property rights...........   720
    Sec. 1305. Investigation of barriers in Japan to certain United
      States services................................................   721
    Sec. 1306. Trade and economic relations with Japan...............   721
    Sec. 1307. Supercomputer trade dispute...........................   722

         part 2--improvement in the enforcement of the antidumping and
                            countervailing duty laws

    Sec. 1311. Reference to title VII of the Tariff Act of 1930......   723
    Sec. 1317. Third-country dumping.................................   723
    Sec. 1336. Studies...............................................   724

               part 3--protection of intellectual property rights

    Sec. 1341. Congressional findings and purposes...................   725
    Sec. 1342. Protection under the Tariff Act of 1930...............   725

                        part 4--telecommunications trade

    Sec. 1371. Short title...........................................   726
    Sec. 1372. Findings and purposes.................................   726
    Sec. 1373. Definitions...........................................   727
    Sec. 1374. Investigation of foreign telecommunications trade
      barriers.......................................................   728
    Sec. 1375. Negotiations in response to investigation.............   728
    Sec. 1376. Actions to be taken if no agreement obtained..........   730
    Sec. 1377. Review of trade agreement implementation by Trade
      Representative.................................................   732
    Sec. 1378. Compensation authority................................   733
    Sec. 1379. Consultations.........................................   733
    Sec. 1380. Submission of data; action to ensure compliance.......   734
    Sec. 1381. Study on telecommunications competitiveness in the
      United States..................................................   735
    Sec. 1382. International obligations.............................   735

                  Subtitle D--Adjustment to Import Competition
                      part 3--trade adjustment assistance

    Sec. 1428. Imposition of small uniform fee on all imports........   736
    Sec. 1429. Study of certification methods........................   737
    Sec. 1430. Effective dates.......................................   737

                         Subtitle E--National Security

    Sec. 1501. Imports that threaten national security...............   738

             Subtitle H--Miscellaneous Customs and Trade Provisions
                           part 1--customs provisions

    Sec. 1908. Duty-free sales enterprises...........................   739
    Sec. 1909. Caribbean Basin Initiative............................   740
    Sec. 1910. Ethyl alcohol and mixtures for fuel use...............   740
    Sec. 1911. Enforcement of restrictions on imports from Cuba......   741

                     part 2--miscellaneous trade provisions

    Sec. 1933. Coal exports to Japan.................................   741
    Sec. 1934. Purchases of United States-made automotive parts by
      Japan..........................................................   742
    Sec. 1935. Effect of imports on crude oil production and refining
      capacity in the United States..................................   742
    Sec. 1936. Study of trade barriers established by auto producing
      countries to auto imports and the impact on the United States
      market.........................................................   743
    Sec. 1937. Lamb meat imports.....................................   743

                          TITLE II--EXPORT ENHANCEMENT
                        [Title II is found on page 1280]
                   TITLE III--INTERNATIONAL FINANCIAL POLICY
         Subtitle A--Exchange Rates and International Economic Policy
                                  Coordination

    Sec. 3001. Short title...........................................   743
    Sec. 3002. Findings..............................................   743
    Sec. 3003. Statement of policy...................................   744
    Sec. 3004. International negotiations on exchange rate and
      economic policies..............................................   745
    Sec. 3005. Reporting requirements................................   745
    Sec. 3006. Definitions...........................................   746

                         Subtitle B--International Debt
              part i--findings, purposes, and statement of policy

    Sec. 3101. Short title...........................................   746
    Sec. 3102. Findings..............................................   747
    Sec. 3103. Purposes..............................................   747
    Sec. 3104. Statement of policy...................................   748

              part ii--the international debt management authority

    Sec. 3111. International initiative..............................   748
    Sec. 3112. Actions to facilitate creation of the authority.......   750
    Sec. 3113. IMF-World Bank review.................................   750

          part iii--regulatory provisions affecting international debt

    Sec. 3121. Provisions relating to the regulation of depository
      institutions...................................................   751
    Sec. 3122. Studies relating to the regulation of depository
      institutions...................................................   751
    Sec. 3123. Limited purpose special drawing rights for the poorest
      heavily indebted countries.....................................   752

                   Subtitle C--Multilateral Development Banks
    [Subtitle C was transferred to the International Financial Institutions
                                      Act]
                       [Subtitle C is found on page 204]
         Subtitle D--Export-Import Bank and Tied Aid Credit Amendments
                       [Subtitle D is found on page 1315]
                          Subtitle F--Primary Dealers

    Sec. 3501. Short title...........................................   754
    Sec. 3502. Requirement of national treatment in underwriting
      Government debt instruments....................................   754

                         Subtitle G--Financial Reports

    Sec. 3601. Short title...........................................   755
    Sec. 3602. Quadrennial reports on foreign treatment of United
      States financial institutions..................................   755
    Sec. 3603. Fair trade in financial services......................   756
    Sec. 3604. Banks loan loss reserves..............................   756

                          TITLE IV--AGRICULTURAL TRADE
         [See Legislation on Foreign Relations Through 2005, vol. I-B]
        TITLE V--FOREIGN CORRUPT PRACTICES AMENDMENTS; INVESTMENT; AND
                                   TECHNOLOGY
    Subtitle A--Foreign Corrupt Practices Act Amendments; Review of Certain
                                  Acquisitions
                part i--foreign corrupt practices act amendments
               [Part I amended the Foreign Corrupt Practices Act]
                                [See page 1741]
                 Subtitle C--Competitiveness Policy Council Act

    Sec. 5201. Short title...........................................   757
    Sec. 5202. Findings and purposes.................................   757
    Sec. 5203. Council established...................................   758
    Sec. 5204. Duties of the Council.................................   758
    Sec. 5205. Membership............................................   759
    Sec. 5206. Executive Director and staff..........................   762
    Sec. 5207. Powers of the Council.................................   762
    Sec. 5208. Annual report.........................................   764
    Sec. 5209. Authorization of appropriations.......................   765
    Sec. 5210. Definitions...........................................   765

                  Subtitle E--Trade Data, Impact, and Studies
                        part i--national trade data bank

    Sec. 5401. Definitions...........................................   765
    Sec. 5402. Interagency Trade Data Advisory Committee.............   766
    Sec. 5403. Functions of the Committee............................   766
    Sec. 5404. Consultation with the private sector and Government
      officials......................................................   766
    Sec. 5405. Cooperation among Executive agencies..................   766
    Sec. 5406. Establishment of the Data Bank........................   767
    Sec. 5407. Operation of the Data Bank............................   768
    Sec. 5408. Information on the service sector.....................   769
    Sec. 5409. Exclusion of information..............................   769
    Sec. 5410. Nonduplication........................................   769
    Sec. 5411. Collection of data....................................   770
    Sec. 5412. Fees and access.......................................   770
    Sec. 5413. Report to Congress....................................   770

                     part ii--impact statements and studies

    Sec. 5421. Competitiveness impact statements.....................   771
    Sec. 5422. Study and report by the Advisory Council on Federal
      Participation in Sematech......................................   771
    Sec. 5423. Impact of national defense expenditures on
      international competitiveness..................................   772

                           TITLE VIII--SMALL BUSINESS

    Sec. 8001. Short title...........................................   772
    Sec. 8009. Globalization of production...........................   772
    Sec. 8010. Small business trade remedy assistance................   773
    Sec. 8011. National Seminar on Small Business Exports............   774
    Sec. 8012. Trade negotiations....................................   774
    Sec. 8013. Promulgation of regulations...........................   774
    Sec. 8014. Effective date........................................   774

                     TITLE X--OCEAN AND AIR TRANSPORTATION
                     Subtitle A--Foreign Shipping Practices

    Sec. 10001. Short title..........................................   775
    Sec. 10002. Foreign laws and practices...........................   775

    SEC. 2. LEGISLATIVE HISTORY OF H.R. 3 APPLICABLE.

      (a) In General.--Except as provided in subsection (b), the
    legislative history of a title, subtitle, part, subpart,
    chapter, subchapter, section, or other provision of the
    conference report to accompany H.R. 3 of the 100th Congress (H.
    Rept. 100-576) shall be treated (along with any other
    legislative history developed by reason of this Act) as being
    the legislative history of the provision of this Act that has
    the same numerical or alphabetical designation as the provision
    of the conference report.
      (b) Exceptions.--
              (1) Subsection (a) does not apply to section 2424(a)
            of this Act.
              (2) The legislative history for subtitle F of title
            VI of the conference report to accompany H.R. 3 shall
            be treated as the legislative history for subtitle E of
            title VI of this Act.

                    TITLE I--TRADE, CUSTOMS, AND TARIFF LAWS

    SEC. 1001.\2\ FINDINGS AND PURPOSES.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 2901 note.
    ---------------------------------------------------------------------------
              (1) in the last 10 years there has arisen a new
            global economy in which trade, technological
            development, investment, and services form an
            integrated system; and in this system these activities
            affect each other and the health of the United States
            economy;
              (2) the United States is confronted with a
            fundamental disequilibrium in its trade and current
            account balances and a rapid increase in its net
            external debt;
              (3) such disequilibrium and increase are a result of
            numerous factors, including
                      (A) disparities between the macroeconomic
                    policies of the major trading nations,
                      (B) the large United States budget deficit,
                      (C) instabilities and structural defects in
                    the world monetary system,
                      (D) the growth of debt throughout the
                    developing world,
                      (E) structural defects in the world trading
                    system and inadequate enforcement of trade
                    agreement obligations,
                      (F) governmental distortions and barriers,
                      (G) serious shortcomings in United States
                    trade policy, and
                      (H) inadequate growth in the productivity and
                    competitiveness of United States firms and
                    industries relative to their overseas
                    competition;
              (4) it is essential, and should be the highest
            priority of the United States Government, to pursue a
            broad array of domestic and international policies--
                      (A) to prevent future declines in the United
                    States economy and standards of living,
                      (B) to ensure future stability in external
                    trade of the United States, and
                      (C) to guarantee the continued vitality of
                    the technological, industrial, and agricultural
                    base of the United States;
              (5) the President should be authorized and encouraged
            to negotiate trade agreements and related investment,
            financial, intellectual property, and services
            agreements that meet the standards set forth in this
            title; and
              (6) while the United States is not in a position to
            dictate economic policy to the rest of the world, the
            United States is in a position to lead the world and it
            is in the national interest for the United States to do
            so.
      (b) Purposes.--The purposes of this title are to--
              (1) authorize the negotiation of reciprocal trade
            agreements;
              (2) strengthen United States trade laws;
              (3) improve the development and management of United
            States trade strategy; and
              (4) through these actions, improve standards of
            living in the world.

                   Subtitle A--United States Trade Agreements

           part 1--negotiation and implementation of trade agreements

    SEC. 1101.\3\ OVERALL AND PRINCIPAL TRADE NEGOTIATING OBJECTIVES OF THE
                        UNITED STATES.

        (a) Overall Trade Negotiating Objectives.--The overall
    trade negotiating objectives of the United States are to
    obtain--
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 2901.
    ---------------------------------------------------------------------------
              (1) more open, equitable, and reciprocal market
            access;
              (2) the reduction or elimination of barriers and
            other trade-distorting policies and practices; and
              (3) a more effective system of international trading
            disciplines and procedures.
      (b) Principal Trade Negotiating Objectives.--
              (1) Dispute settlement.--The principal negotiating
            objectives of the United States with respect to dispute
            settlement are--
                      (A) to provide for more effective and
                    expeditious dispute settlement mechanisms and
                    procedures; and
                      (B) to ensure that such mechanisms within the
                    GATT and GATT agreements provide for more
                    effective and expeditious resolution of
                    disputes and enable better enforcement of
                    United States rights.
              (2) Improvement of the gatt and multilateral trade
            negotiation agreements.--The principal negotiating
            objectives of the United States regarding the
            improvement of GATT and multilateral trade negotiation
            agreements are--
                      (A) to enhance the status of the GATT;
                      (B) to improve the operation and extend the
                    coverage of the GATT and such agreements and
                    arrangements to products, sectors, and
                    conditions of trade not adequately covered; and
                      (C) to expand country participation in
                    particular agreements or arrangements, where
                    appropriate.
              (3) Transparency.--The principal negotiating
            objective of the United States regarding transparency
            is to obtain broader application of the principle of
            transparency and clarification of the costs and
            benefits of trade policy actions through the observance
            of open and equitable procedures in trade matters by
            Contracting Parties to the GATT.
              (4) Developing countries.--The principal negotiating
            objectives of the United States regarding developing
            countries are--
                      (A) to ensure that developing countries
                    promote economic development by assuming the
                    fullest possible measure of responsibility for
                    achieving and maintaining an open international
                    trading system by providing reciprocal benefits
                    and assuming equivalent obligations with
                    respect to their import and export practices;
                    and
                      (B) to establish procedures for reducing
                    nonreciprocal trade benefits for the more
                    advanced developing countries.
              (5) Current account surpluses.--The principal
            negotiating objective of the United States regarding
            current account surpluses is to develop rules to
            address large and persistent global current account
            imbalances of countries, including imbalances which
            threaten the stability of the international trading
            system, by imposing greater responsibility on such
            countries to undertake policy changes aimed at
            restoring current account equilibrium, including
            expedited implementation of trade agreements where
            feasible and appropriate.
              (6) Trade and monetary coordination.--The principal
            negotiating objective of the United States regarding
            trade and monetary coordination is to develop
            mechanisms to assure greater coordination, consistency,
            and cooperation between international trade and
            monetary systems and institutions.
              (7) Agriculture.--The principal negotiating
            objectives of the United States with respect to
            agriculture are to achieve, on an expedited basis to
            the maximum extent feasible, more open and fair
            conditions of trade in agricultural commodities by--
                      (A) developing, strengthening, and clarifying
                    rules for agricultural trade, including
                    disciplines on restrictive or trade-distorting
                    import and export practices;
                      (B) increasing United States agricultural
                    exports by eliminating barriers to trade
                    (including transparent and nontransparent
                    barriers) and reducing or eliminating the
                    subsidization of agricultural production
                    consistent with the United States policy of
                    agricultural stabilization in cyclical and
                    unpredictable markets;
                      (C) creating a free and more open world
                    agricultural trading system by resolving
                    questions pertaining to export and other trade-
                    distorting subsidies, market pricing and market
                    access and eliminating and reducing
                    substantially other specific constraints to
                    fair trade and more open market access, such as
                    tariffs, quotas, and other nontariff practices,
                    including unjustified phytosanitary and
                    sanitary restrictions; and
                      (D) seeking agreements by which the major
                    agricultural exporting nations agree to pursue
                    policies to reduce excessive production of
                    agricultural commodities during periods of
                    oversupply, with due regard for the fact that
                    the United States already undertakes such
                    policies, and without recourse to arbitrary
                    schemes to divide market shares among major
                    exporting countries.
              (8) Unfair trade practices.--The principal
            negotiating objectives of the United States with
            respect to unfair trade practices are--
                      (A) to improve the provisions of the GATT and
                    nontariff measure agreements in order to
                    define, deter, discourage the persistent use
                    of, and otherwise discipline unfair trade
                    practices having adverse trade effects,
                    including forms of subsidy and dumping and
                    other practices not adequately covered such as
                    resource input subsidies, diversionary dumping,
                    dumped or subsidized inputs, and export
                    targeting practices;
                      (B) to obtain the application of similar
                    rules to the treatment of primary and
                    nonprimary products in the Agreement on
                    Interpretation and Application of Articles VI,
                    XVI, and XXIII of the GATT (relating to
                    subsidies and countervailing measures); and
                      (C) to obtain the enforcement of GATT rules
                    against--
                              (i) state trading enterprises, and
                              (ii) the acts, practices, or policies
                            of any foreign government which, as a
                            practical matter, unreasonably require
                            that--
                                      (I) substantial direct
                                    investment in the foreign
                                    country be made,
                                      (II) intellectual property be
                                    licensed to the foreign country
                                    or to any firm of the foreign
                                    country, or
                                      (III) other collateral
                                    concessions be made,
                            as a condition for the importation of
                            any product or service of the United
                            States into the foreign country or as a
                            condition for carrying on business in
                            the foreign country.
              (9) Trade in services.--
                      (A) The principal negotiating objectives of
                    the United States regarding trade in services
                    are--
                              (i) to reduce or to eliminate
                            barriers to, or other distortions of,
                            international trade in services,
                            including barriers that deny national
                            treatment and restrictions on
                            establishment and operation in such
                            markets; and
                              (ii) to develop internationally
                            agreed rules, including dispute
                            settlement procedures, which--
                                      (I) are consistent with the
                                    commercial policies of the
                                    United States, and
                                      (II) will reduce or eliminate
                                    such barriers or distortions,
                                    and help ensure fair, equitable
                                    opportunities for foreign
                                    markets.
                      (B) In pursuing the negotiating objectives
                    described in subparagraph (A), United States
                    negotiators shall take into account legitimate
                    United States domestic objectives including,
                    but not limited to, the protection of
                    legitimate health or safety, essential
                    security, environmental, consumer or employment
                    opportunity interests and the law and
                    regulations related thereto.
              (10) Intellectual property.--The principal
            negotiating objectives of the United States regarding
            intellectual property are--
                      (A) to seek the enactment and effective
                    enforcement by foreign countries of laws
                    which--
                              (i) recognize and adequately protect
                            intellectual property, including
                            copyrights, patents, trademarks,
                            semiconductor chip layout designs, and
                            trade secrets, and
                              (ii) provide protection against
                            unfair competition,
                      (B) to establish in the GATT obligations--
                              (i) to implement adequate substantive
                            standards based on--
                                      (I) the standards in existing
                                    international agreements that
                                    provide adequate protection,
                                    and
                                      (II) the standards in
                                    national laws if international
                                    agreement standards are
                                    inadequate or do not exist,
                              (ii) to establish effective
                            procedures to enforce, both internally
                            and at the border, the standards
                            implemented under clause (i), and
                              (iii) to implement effective dispute
                            settlement procedures that improve on
                            existing GATT procedures;
                      (C) to recognize that the inclusion in the
                    GATT of--
                              (i) adequate and effective
                            substantive norms and standards for the
                            protection and enforcement of
                            intellectual property rights, and
                              (ii) dispute settlement provisions
                            and enforcement procedures,
                    is without prejudice to other complementary
                    initiatives undertaken in other international
                    organizations; and
                      (D) to supplement and strengthen standards
                    for protection and enforcement in existing
                    international intellectual property conventions
                    administered by other international
                    organizations, including their expansion to
                    cover new and emerging technologies and
                    elimination of discrimination or unreasonable
                    exceptions or preconditions to protection.
              (11) Foreign direct investment.--
                      (A) The principal negotiating objectives of
                    the United States regarding foreign direct
                    investment are--
                              (i) to reduce or to eliminate
                            artificial or trade-distorting barriers
                            to foreign direct investment, to expand
                            the principle of national treatment,
                            and to reduce unreasonable barriers to
                            establishment; and
                              (ii) to develop internationally
                            agreed rules, including dispute
                            settlement procedures, which--
                                      (I) will help ensure a free
                                    flow of foreign direct
                                    investment, and
                                      (II) will reduce or eliminate
                                    the trade distortive effects of
                                    certain trade-related
                                    investment measures.
                      (B) In pursuing the negotiating objectives
                    described in subparagraph (A), United States
                    negotiators shall take into account legitimate
                    United States domestic objectives including,
                    but not limited to, the protection of
                    legitimate health or safety, essential
                    security, environmental, consumer or employment
                    opportunity interests and the law and
                    regulations related thereto.
              (12) Safeguards.--The principal negotiating
            objectives of the United States regarding safeguards
            are--
                      (A) to improve and expand rules and
                    procedures covering safeguard measures;
                      (B) to ensure that safeguard measures are--
                              (i) transparent,
                              (ii) temporary,
                              (iii) degressive, and
                              (iv) subject to review and
                            termination when no longer necessary to
                            remedy injury and to facilitate
                            adjustment; and
                      (C) to require notification of, and to
                    monitor the use by, GATT Contracting Parties of
                    import relief actions for their domestic
                    industries.
              (13) Specific barriers.--The principal negotiating
            objective of the United States regarding specific
            barriers is to obtain competitive opportunities for
            United States exports in foreign markets substantially
            equivalent to the competitive opportunities afforded
            foreign exports to United States markets, including the
            reduction or elimination of specific tariff and
            nontariff trade barriers, particularly--
                      (A) measures identified in the annual report
                    prepared under section 181 of the Trade Act of
                    1974 (19 U.S.C. 2241); and
                      (B) foreign tariffs and nontariff barriers on
                    competitive United States exports when like or
                    similar products enter the United States at low
                    rates of duty or are duty-free, and other
                    tariff disparities that impede access to
                    particular export markets.
              (14) Worker rights.--The principal negotiating
            objectives of the United States regarding worker rights
            are--
                      (A) to promote respect for worker rights;
                      (B) to secure a review of the relationship of
                    worker rights to GATT articles, objectives, and
                    related instruments with a view to ensuring
                    that the benefits of the trading system are
                    available to all workers; and
                      (C) to adopt, as a principle of the GATT,
                    that the denial of worker rights should not be
                    a means for a country or its industries to gain
                    competitive advantage in international trade.
              (15) Access to high technology.--
                      (A) The principal negotiating objective of
                    the United States regarding access to high
                    technology is to obtain the elimination or
                    reduction of foreign barriers to, and acts,
                    policies, or practices by foreign governments
                    which limit, equitable access by United States
                    persons to foreign-developed technology,
                    including barriers, acts, policies, or
                    practices which have the effect of--
                              (i) restricting the participation of
                            United States persons in government-
                            supported research and development
                            projects;
                              (ii) denying equitable access by
                            United States persons to government-
                            held patents;
                              (iii) requiring the approval or
                            agreement of government entities, or
                            imposing other forms of government
                            interventions, as a condition for the
                            granting of licenses to United States
                            persons by foreign persons (except for
                            approval or agreement which may be
                            necessary for national security
                            purposes to control the export of
                            critical military technology); and
                              (iv) otherwise denying equitable
                            access by United States persons to
                            foreign-developed technology or
                            contributing to the inequitable flow of
                            technology between the United States
                            and its trading partners.
                      (B) In pursuing the negotiating objective
                    described in subparagraph (A), the United
                    States negotiators shall take into account
                    United States Government policies in licensing
                    or otherwise making available to foreign
                    persons technology and other information
                    developed by United States laboratories.
              (16) Border taxes.--The principal negotiating
            objective of the United States regarding border taxes
            is to obtain a revision of the GATT with respect to the
            treatment of border adjustments for internal taxes to
            redress the disadvantage to countries relying primarily
            for revenue on direct taxes rather than indirect taxes.

    SEC. 1102.\4\ TRADE AGREEMENT NEGOTIATING AUTHORITY.

        (a) Agreements Regarding Tariff Barriers.--
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 2902.
    ---------------------------------------------------------------------------
              (1) 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 that the purposes, policies, and
            objectives of this title will be promoted thereby, the
            President--
                      (A) before June 1, 1993, may enter into trade
                    agreements with foreign countries; and
                      (B) may, subject to paragraphs (2) through
                    (5), proclaim--
                              (i) such modification or continuance
                            of any existing duty,
                              (ii) such continuance of existing
                            duty-free or excise treatment, or
                              (iii) such additional duties;
                    as he determines to be required or appropriate
                    to carry out any such trade agreement.
              (2) No proclamation may be made under subsection (a)
            that--
                      (A) reduces any rate of duty (other than a
                    rate of duty that does not exceed 5 percent ad
                    valorem on the date of enactment of this Act)
                    to a rate which is less than 50 percent of the
                    rate of such duty that applies on such date of
                    enactment; or
                      (B) increases any rate of duty above the rate
                    that applies on such date of enactment.
              (3)(A) Except as provided in subparagraph (B), the
            aggregate reduction in the rate of duty on any article
            which is in effect on any day pursuant to a trade
            agreement entered into under paragraph (1) shall not
            exceed the aggregate reduction which would have been in
            effect on such day if a reduction of 3 percent ad
            valorem or a reduction of one-tenth of the total
            reduction, whichever is greater, had taken effect on
            the effective date of the first reduction proclaimed in
            paragraph (1) to carry out such agreement with respect
            to such article.
              (B) No staging under subparagraph (A) is required
            with respect to a rate reduction that is proclaimed
            under paragraph (1) for an article of a kind that is
            not produced in the United States. The United States
            International Trade Commission shall advise the
            President of the identity of articles that may be
            exempted from staging under this subparagraph.
              (4) If the President determines that such action will
            simplify the computation of reductions under paragraph
            (3), the President may round an annual reduction by the
            lesser of--
                      (A) the difference between the reduction
                    without regard to this paragraph and the next
                    lower whole number; or
                      (B) one-half of 1 percent ad valorem.
              (5) No reduction in a rate of duty under a trade
            agreement entered into under subsection (a) on any
            article may take effect more than 10 years after the
            effective date of the first reduction under paragraph
            (1) that is proclaimed to carry out the trade agreement
            with respect to such article.
              (6) A rate of duty reduction or increase that may not
            be proclaimed by reason of paragraph (2) may take
            effect only if a provision authorizing such reduction
            or increase is included within an implementing bill
            provided for under section 1103 and that bill is
            enacted into law.
      (b) Agreements Regarding Nontariff Barriers.--
              (1) Whenever the President determines that any
            barrier to, or other distortion of, international
            trade--
                      (A) unduly burdens or restricts the foreign
                    trade of the United States or adversely affects
                    the United States economy; or
                      (B) the imposition of any such barrier or
                    distortion is likely to result in such a
                    burden, restriction, or effect;
            and that the purposes, policies, and objectives of this
            title will be promoted thereby, the President may,
            before June 1, 1993, enter into a trade agreement with
            foreign countries providing for--
                      (i) the reduction or elimination of such
                    barrier or other distortion; or
                      (ii) the prohibition of, or limitations on
                    the imposition of, such barrier or other
                    distortion.
              (2) A trade agreement may be entered into under this
            subsection only if such agreement makes progress in
            meeting the applicable objectives described in section
            1101.
      (c) Bilateral Agreements Regarding Tariff and Nontariff
    Barriers.--
              (1) Before June 1, 1993, the President may enter into
            bilateral trade agreements with foreign countries that
            provide for the elimination or reduction of any duty
            imposed by the United States. A trade agreement entered
            into under this paragraph may also provide for the
            reduction or elimination of barriers to, or other
            distortions of, the international trade of the foreign
            country or the United States.
              (2) Notwithstanding any other provision of law, no
            trade benefit shall be extended to any country by
            reason of the extension of any trade benefit to another
            country under a trade agreement entered into under
            paragraph (1) with such other country.
              (3) A trade agreement may be entered into under
            paragraph (1) with any foreign country only if--
                      (A) the agreement makes progress in meeting
                    the applicable objectives described in section
                    1101;
                      (B) such foreign country requests the
                    negotiation of such an agreement; and
                      (C) the President, at least 60 days before
                    the date notice is provided under section
                    1103(a)(1)(A)--
                              (i) provides written notice of such
                            negotiations to the Committee on
                            Finance of the Senate and the Committee
                            on Ways and Means of the House of
                            Representatives, and
                              (ii) consults with such committees
                            regarding the negotiation of such
                            agreement.
              (4) The 60-day period of time described in paragraph
            (3)(C) \5\ shall be computed in accordance with section
            1103(e).\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 139(b) of the Customs and Trade Act of 1990 (Public Law
    101-382; 104 Stat. 653) struck out ``paragraph (3)(B)'' and inserted in
    lieu thereof ``paragraph (3)(C)''; and struck out ``1103(f)'' and
    inserted in lieu thereof ``1103(e)''.
    ---------------------------------------------------------------------------
              (5) In any case in which there is an inconsistency
            between any provision of this Act and any bilateral
            free trade area agreement that entered into force and
            effect with respect to the United States before January
            1, 1987, the provision shall not apply with respect to
            the foreign country that is party to that agreement.
      (d) Consultation With Congress Before Agreements Entered
    Into.--
              (1) Before the President enters into any trade
            agreement under subsection (b) or (c), the President
            shall consult with--
                      (A) the Committee on Ways and Means of the
                    House of Representatives and the Committee on
                    Finance of the Senate; and
                      (B) each other committee of the House and the
                    Senate, and each joint committee of the
                    Congress, which has jurisdiction over
                    legislation involving subject matters which
                    would be affected by the trade agreement.
              (2) The consultation under paragraph (1) shall
            include--
                      (A) the nature of the agreement;
                      (B) how and to what extent the agreement will
                    achieve the applicable purposes, policies, and
                    objectives of this title; and
                      (C) all matters relating to the
                    implementation of the agreement under section
                    1103.
              (3) If it is proposed to implement two or more trade
            agreements in a single implementing bill under section
            1103, the consultation under paragraph (1) shall
            include the desirability and feasibility of such
            proposed implementation.
        (e) \6\ Special Provisions Regarding Uruguay Round Trade
    Negotiations.--
    ---------------------------------------------------------------------------
        \6\ Sec. 1 of Public Law 103-49 (107 Stat. 239) added subsec. (e).
    ---------------------------------------------------------------------------
              (1) In general.--Notwithstanding the time limitations
            in subsections (a) and (b), if the Uruguay Round of
            multilateral trade negotiations under the auspices of
            the General Agreement on Tariffs and Trade has not
            resulted in trade agreements by May 31, 1993, the
            President may, during the period after May 31, 1993,
            and before April 16, 1994, enter into, under
            subsections (a) and (b), trade agreements resulting
            from such negotiations.
              (2) Application of tariff proclamation authority.--No
            proclamation under subsection (a) to carry out the
            provisions regarding tariff barriers of a trade
            agreement that is entered into pursuant to paragraph
            (1) may take effect before the effective date of a bill
            that implements the provisions regarding nontariff
            barriers of a trade agreement that is entered into
            under such paragraph.
              (3) Application of implementing and ``fast track''
            procedures.--Section 1103 applies to any trade
            agreement negotiated under subsection (b) pursuant to
            paragraph (1), except that--
                      (A) in applying subsection (a)(1)(A) of
                    section 1103 to any such agreement, the phrase
                    ``at least 120 calendar days before the day on
                    which he enters into the trade agreement (but
                    not later than December 15, 1993),'' shall be
                    substituted for the phrase ``at least 90
                    calendar days before the day on which he enters
                    into the trade agreement,''; and
                      (B) no provision of subsection (b) of section
                    1103 other than paragraph (1)(A) applies to any
                    such agreement and in applying such paragraph,
                    ``April 16, 1994;'' shall be substituted for
                    ``June 1, 1991;''.
              (4) Advisory committee reports.--The report required
            under section 135(e)(1) of the Trade Act of 1974
            regarding any trade agreement provided for under
            paragraph (1) shall be provided to the President, the
            Congress, and the United States Trade Representative
            not later than 30 days after the date on which the
            President notifies the Congress under section
            1103(a)(1)(A) of his intention to enter into the
            agreement (but before January 15, 1994).

    SEC. 1103.\7\ IMPLEMENTATION OF TRADE AGREEMENTS.

        (a) In General.--
    ---------------------------------------------------------------------------
        \7\ 19 U.S.C. 2903. In a notice of September 18, 1992, the
    President notified Congress of his intention to enter into a North
    American Free Trade Agreement with the Government of Canada and the
    Government of Mexico (57 F.R. 43603). See also sec. 2105 of the
    Bipartisan Trade Promotion Authority Act of 2002 (title XXI of Public
    Law 107-210; 116 Stat. 1013) regarding a more recent authority
    concerning implementation of trade agreements and Presidential notices
    to Congress regarding his intention to enter into several free trade
    agreements. Sec. 2105 of that Act may be found at page 639 of this
    volume.
    ---------------------------------------------------------------------------
              (1) Any agreement entered into under section 1102 (b)
            or (c) shall enter into force with respect to the
            United States if (and only if)--
                      (A) the President, at least 90 calendar days
                    before the day on which he enters into the
                    trade agreement, notifies the House of
                    Representatives and the Senate of his intention
                    to enter into the agreement, and promptly
                    thereafter publishes notice of such intention
                    in the Federal Register;
                      (B) after entering into the agreement, the
                    President submits a document to the House of
                    Representatives and to the Senate containing a
                    copy of the final legal text of the agreement,
                    together with--
                              (i) a draft of an implementing bill,
                              (ii) a statement of any
                            administrative action proposed to
                            implement the trade agreement, and
                              (iii) the supporting information
                            described in paragraph (2); and
                      (C) the implementing bill is enacted into
                    law.
              (2) The supporting information required under
            paragraph (1)(B)(iii) consists of--
                      (A) an explanation as to how the implementing
                    bill and proposed administrative action will
                    change or affect existing law; and
                      (B) a statement--
                              (i) asserting that the agreement
                            makes progress in achieving the
                            applicable purposes, policies, and
                            objectives of this title,
                              (ii) setting forth the reasons of the
                            President regarding--
                                      (I) how and to what extent
                                    the agreement makes progress in
                                    achieving the applicable
                                    purposes, policies, and
                                    objectives referred to in
                                    clause (i), and why and to what
                                    extent the agreement does not
                                    achieve other applicable
                                    purposes, policies, and
                                    objectives,
                                      (II) how the agreement serves
                                    the interests of United States
                                    commerce, and
                                      (III) why the implementing
                                    bill and proposed
                                    administrative action is
                                    required or appropriate to
                                    carry out the agreement;
                              (iii) describing the efforts made by
                            the President to obtain international
                            exchange rate equilibrium and any
                            effect the agreement may have regarding
                            increased international monetary
                            stability; and
                              (iv) describing the extent, if any,
                            to which--
                                      (I) each foreign country that
                                    is a party to the agreement
                                    maintains non-commercial state
                                    trading enterprises that may
                                    adversely affect, nullify, or
                                    impair the benefits to the
                                    United States under the
                                    agreement, and
                                      (II) the agreement applies to
                                    or affects purchases and sales
                                    by such enterprises.
              (3) To ensure that a foreign country which receives
            benefits under a trade agreement entered into under
            section 1102 (b) or (c) is subject to the obligations
            imposed by such agreement, the President shall
            recommend to Congress in the implementing bill and
            statement of administrative action submitted with
            respect to such agreement that the benefits and
            obligations of such agreement apply solely to the
            parties to such agreement, if such application is
            consistent with the terms of such agreement. The
            President may also recommend with respect to any such
            agreement that the benefits and obligations of such
            agreement not apply uniformly to all parties to such
            agreement, if such application is consistent with the
            terms of such agreement.
      (b) Application of Congressional ``Fast Track'' Procedures to
    Implementing Bills.--
              (1) Except as provided in subsection (c)--
                      (A) the provisions of section 151 of the
                    Trade Act of 1974 (19 U.S.C. 2191) (hereinafter
                    in this section referred to as ``fast track
                    procedures'') apply to implementing bills
                    submitted with respect to trade agreements
                    entered into under section 1102 (b) or (c)
                    before June 1, 1991; and
                      (B) such fast track procedures shall be
                    extended to implementing bills submitted with
                    respect to trade agreements entered into under
                    section 1102 (b) or (c) after May 31, 1991, and
                    before June 1, 1993, if (and only if)--
                              (i) the President requests such
                            extension under paragraph (2); and
                              (ii) neither House of the Congress
                            adopts an extension disapproval
                            resolution under paragraph (5) before
                            June 1, 1991.
              (2) If the President is of the opinion that the fast
            track procedures should be extended to implementing
            bills described in paragraph (1)(B), the President must
            submit to the Congress, no later than March 1, 1991, a
            written report that contains a request for such
            extension, together with--
                      (A) a description of all trade agreements
                    that have been negotiated under section 1102
                    (b) or (c) and the anticipated schedule for
                    submitting such agreements to the Congress for
                    approval;
                      (B) a description of the progress that has
                    been made in multilateral and bilateral
                    negotiations to achieve the purposes, policies,
                    and objectives of this title, and a statement
                    that such progress justifies the continuation
                    of negotiations; and
                      (C) a statement of the reasons why the
                    extension is needed to complete the
                    negotiations.
              (3) The President shall promptly inform the Advisory
            Committee for Trade Policy and Negotiations established
            under section 135 of the Trade Act of 1974 (19 U.S.C.
            2155) of his decision to submit a report to Congress
            under paragraph (2). The Advisory Committee shall
            submit to the Congress as soon as practicable, but no
            later than March 1, 1991, a written report that
            contains--
                      (A) its views regarding the progress that has
                    been made in multilateral and bilateral
                    negotiations to achieve the purposes, policies,
                    and objectives of this title; and
                      (B) a statement of its views, and the reasons
                    therefor, regarding whether the extension
                    requested under paragraph (2) should be
                    approved or disapproved.
              (4) The reports submitted to the Congress under
            paragraphs (2) and (3), or any portion of the reports,
            may be classified to the extent the President
            determines appropriate.
              (5)(A) For purposes of this subsection, the term
            ``extension disapproval resolution'' means a resolution
            of either House of the Congress, the sole matter after
            the resolving clause of which is as follows: ``That the
                         disapproves the request of the President
            for the extension, under section 1103(b)(1)(B)(i) of
            the Omnibus Trade and Competitiveness Act of 1988, of
            the provisions of section 151 of the Trade Act of 1974
            to any implementing bill submitted with respect to any
            trade agreement entered into under section 1102 (b) or
            (c) of such Act after May 31, 1991, because sufficient
            tangible progress has not been made in trade
            negotiations.'', with the blank space being filled with
            the name of the resolving House of the Congress.
              (B) Extension disapproval resolutions--
                      (i) may be introduced in either House of the
                    Congress by any member of such House; and
                      (ii) shall be jointly referred, in the House
                    of Representatives, to the Committee on Ways
                    and Means and the Committee on Rules.
              (C) The provisions of section 152 (d) and (e) of the
            Trade Act of 1974 (19 U.S.C. 2192 (d) and (e))
            (relating to the floor consideration of certain
            resolutions in the House and Senate) apply to extension
            disapproval resolutions.
              (D) It is not in order for--
                      (i) the Senate to consider any extension
                    disapproval resolution not reported by the
                    Committee on Finance;
                      (ii) the House of Representatives to consider
                    any extension disapproval resolution not
                    reported by the Committee on Ways and Means and
                    the Committee on Rules; or
                      (iii) either House of the Congress to
                    consider an extension disapproval resolution
                    that is reported to such House after May 15,
                    1991.
      (c) Limitations on Use of ``Fast Track'' Procedures.--
              (1)(A) The fast track procedures shall not apply to
            any implementing bill submitted with respect to a trade
            agreement entered into under section 1102 (b) or (c) if
            both Houses of the Congress separately agree to
            procedural disapproval resolutions within any 60-day
            period.
              (B) Procedural disapproval resolutions--
                      (i) in the House of Representatives--
                              (I) shall be introduced by the
                            chairman or ranking minority member of
                            the Committee on Ways and Means or the
                            chairman or ranking minority member of
                            the Committee on Rules,
                              (II) shall be jointly referred to the
                            Committee on Ways and Means and the
                            Committee on Rules, and
                              (III) may not be amended by either
                            Committee; and
                      (ii) in the Senate shall be original
                    resolutions of the Committee on Finance.
              (C) The provisions of section 152 (d) and (e) of the
            Trade Act of 1974 (19 U.S.C. 2192 (d) and (e))
            (relating to the floor consideration of certain
            resolutions in the House and Senate) apply to
            procedural disapproval resolutions.
              (D) It is not in order for the House of
            Representatives to consider any procedural disapproval
            resolution not reported by the Committee on Ways and
            Means and the Committee on Rules.
              (E) For purposes of this subsection, the term
            ``procedural disapproval resolution'' means a
            resolution of either House of the Congress, the sole
            matter after the resolving clause of which is as
            follows: ``That the President has failed or refused to
            consult with Congress on trade negotiations and trade
            agreements in accordance with the provisions of the
            Omnibus Trade and Competitiveness Act of 1988, and,
            therefore, the provisions of section 151 of the Trade
            Act of 1974 shall not apply to any implementing bill
            submitted with respect to any trade agreement entered
            into under section 1102 (b) or (c) of such Act of 1988,
            if, during the 60-day period beginning on the date on
            which this resolution is agreed to by the            ,
            the              agrees to a procedural disapproval
            resolution (within the meaning of section 1103(c)(1)(E)
            of such Act of 1988).'', with the first blank space
            being filled with the name of the resolving House of
            the Congress and the second blank space being filled
            with the name of the other House of the Congress.
              (2) The fast track procedures shall not apply to any
            implementing bill that contains a provision approving
            of any trade agreement which is entered into under
            section 1102(c) with any foreign country if either--
                      (A) the requirements of section 1102(c)(3)
                    are not met with respect to the negotiation of
                    such agreement; or
                      (B) the Committee on Finance of the Senate or
                    the Committee on Ways and Means of the House of
                    Representatives disapproves of the negotiation
                    of such agreement before the close of the 60-
                    day period which begins on the date notice is
                    provided under section 1102(c)(3)(C)(i) with
                    respect to the negotiation of such agreement.
      (d) Rules of House of Representatives and Senate.--
    Subsections (b) and (c) are enacted by the Congress--
              (1) as an exercise of the rulemaking power of the
            House of Representatives and the Senate, respectively,
            and as such is deemed a part of the rules of each
            House, respectively, and such procedures supersede
            other rules only to the extent that they are
            inconsistent with such other rules; and
              (2) with the full recognition of the constitutional
            right of either House to change the rules (so far as
            relating to the procedures of that House) at any time,
            in the same manner, and to the same extent as any other
            rule of that House.
      (e) Computation of Certain Periods of Time.--Each period of
    time described in subsection (c)(1) (A) and (E) and (2) of this
    section shall be computed without regard to--
              (1) the days on which either House of Congress is not
            in session because of an adjournment of more than 3
            days to a day certain or an adjournment of the Congress
            sine die; and
              (2) any Saturday and Sunday, not excluded under
            paragraph (1), when either House of the Congress is not
            in session.
              * * * * * * *

    SEC. 1105.\8\ TERMINATION AND RESERVATION AUTHORITY; RECIPROCAL
                        NONDISCRIMINATORY TREATMENT.

        (a) In General.--For purposes of applying sections 125,
    126(a), and 127 of the Trade Act of 1974 (19 U.S.C. 2135,
    2136(a), and 2137)--
    ---------------------------------------------------------------------------
        \8\ 19 U.S.C. 2904.
    ---------------------------------------------------------------------------
              (1) any trade agreement entered into under section
            1102 shall be treated as an agreement entered into
            under section 101 or 102, as appropriate, of the Trade
            Act of 1974 (19 U.S.C. 2111 or 2112); and
              (2) any proclamation or Executive order issued
            pursuant to a trade agreement entered into under
            section 1102 shall be treated as a proclamation or
            Executive order issued pursuant to a trade agreement
            entered into under section 102 of the Trade Act of
            1974.
      (b) Reciprocal Nondiscriminatory Treatment.--
              (1) The President shall determine, before June 1,
            1993, whether any major industrial country has failed
            to make concessions under trade agreements entered into
            under section 1102 (a) and (b) which provide
            competitive opportunities for the commerce of the
            United States in such country substantially equivalent
            to the competitive opportunities, provided by
            concessions made by the United States under trade
            agreements entered into under section 1102 (a) and (b),
            for the commerce of such country in the United States.
              (2) If the President determines under paragraph (1)
            that a major industrial country has not made
            concessions under trade agreements entered into under
            section 1102 (a) and (b) which provide substantially
            equivalent competitive opportunities for the commerce
            of the United States, the President shall, either
            generally with respect to such country or by article
            produced by such country, in order to restore
            equivalence of competitive opportunities, recommend to
            the Congress--
                      (A) legislation providing for the termination
                    or denial of the benefits of concessions of
                    trade agreements entered into under section
                    1102 (a) and (b) that have been made with
                    respect to rates of duty or other import
                    restrictions imposed by the United States, and
                      (B) legislation providing that any law
                    necessary to carry out any trade agreement
                    under section 1102 (a) or (b) not apply to such
                    country.
              (3) For purposes of this subsection, the term ``major
            industrial country'' means Canada, the European
            Communities, the individual member countries of the
            European Communities, Japan, and any other foreign
            country designated by the President for purposes of
            this subsection.

    SEC. 1106.\9\ ACCESSION OF STATE TRADING REGIMES TO THE GENERAL
                        AGREEMENT ON TARIFFS AND TRADE OR THE WTO.

        (a) In General.--Before any major foreign country accedes,
    after the date of enactment of this Act, to the GATT 1947, or
    to the WTO Agreement \10\ the President shall determine--
    ---------------------------------------------------------------------------
        \9\ 19 U.S.C. 2905. Sec. 621(a)(4)(D) of Public Law 103-465 (108
    Stat. 4993) added ``for the wto'' to the section heading. Subsequently,
    sec. 20(f)(3) of Public Law 104-295 (110 Stat. 3529) struck out ``for''
    and inserted in lieu thereof ``or''.
        \10\ Sec. 621(a)(4)(A) of Public Law 103-465 (108 Stat. 4993)
    struck out ``the GATT'' and inserted in lieu thereof ``the GATT 1947,
    or to the WTO Agreement''.
    ---------------------------------------------------------------------------
              (1) whether state trading enterprises account for a
            significant share of--
                      (A) the exports of such major foreign
                    country, or
                      (B) the goods of such major foreign country
                    that are subject to competition from goods
                    imported into such foreign country; and
              (2) whether such state trading enterprises--
                      (A) unduly burden and restrict, or adversely
                    affect, the foreign trade of the United States
                    or the United States economy, or
                      (B) are likely to result in such a burden,
                    restriction, or effect.
      (b) Effects of Affirmative Determination.--If both of the
    determinations made under paragraphs (1) and (2) of subsection
    (a) with respect to a major foreign country are affirmative--
              (1) the President shall reserve the right of the
            United States to withhold extension of the application
            of the GATT 1947 or the WTO Agreement,\11\ between the
            United States and such major foreign country, and
    ---------------------------------------------------------------------------
        \11\ Sec. 621(a)(4)(B) of Public Law 103-465 (108 Stat. 4993)
    inserted ``1947 or the WTO Agreement'' after ``the GATT'' throughout
    subsecs. (b) and (c).
    ---------------------------------------------------------------------------
              (2) the GATT 1947 or the WTO Agreement \11\ shall not
            apply between the United States and such major foreign
            country until--
                      (A) such foreign country enters into an
                    agreement with the United States providing that
                    the state trading enterprises of such foreign
                    country--
                              (i) will--
                                      (I) make purchases which are
                                    not for the use of such foreign
                                    country, and
                                      (II) make sales in
                                    international trade,
                            in accordance with commercial
                            considerations (including price,
                            quality, availability, marketability,
                            and transportation), and
                              (ii) will afford United States
                            business firms adequate opportunity, in
                            accordance with customary practice, to
                            compete for participation in such
                            purchases or sales; or
                      (B) a bill submitted under subsection (c)
                    which approves of the extension of the
                    application of the GATT 1947 or the WTO
                    Agreement \11\ between the United States and
                    such major foreign country is enacted into law.
      (c) Expedited Consideration of Bill To Approve Extension.--
              (1) The President may submit to the Congress any
            draft of a bill which approves of the extension of the
            application of the GATT 1947 or the WTO Agreement \11\
            between the United States and a major foreign country.
              (2) Any draft of a bill described in paragraph (1)
            that is submitted by the President to the Congress
            shall--
                      (A) be introduced by the majority leader of
                    each House of the Congress (by request) on the
                    first day on which such House is in session
                    after the date such draft is submitted to the
                    Congress; and
                      (B) shall be treated as an implementing bill
                    for purposes of subsections (d), (e), (f), and
                    (g) of section 151 of the Trade Act of 1974.
      (d) Publication.--The President shall publish in the Federal
    Register each determination made under subsection (a).
        (e) \12\ Definitions.--For purposes of this section:
    ---------------------------------------------------------------------------
        \12\ Sec. 621(a)(4)(C) of Public Law 103-465 (108 Stat. 4993) added
    subsec. (e).
    ---------------------------------------------------------------------------
              (1) The term ``GATT 1947'' has the meaning given that
            term in section 2(1)(A) of the Uruguay Round Agreements
            Act.
              (2) the term ``WTO Agreement'' means the Agreement
            Establishing the World Trade Organization entered into
            on April 15, 1994 and the multilateral trade agreements
            (as such term is defined in section 2(4) of the Uruguay
            Round Agreements Act).

    SEC. 1107. DEFINITIONS AND CONFORMING AMENDMENTS.

      (a) \13\ Definitions.--For purposes of this part:
    ---------------------------------------------------------------------------
        \13\ 19 U.S.C. 2906.
    ---------------------------------------------------------------------------
              (1) The term ``distortion'' includes, but is not
            limited to, a subsidy.
              (2) The term ``foreign country'' includes any foreign
            instrumentality. Any territory or possession of a
            foreign country that is administered separately for
            customs purposes, shall be treated as a separate
            foreign country.
              (3) The term ``GATT'' means the GATT 1947 (as defined
            in section 2(1)(A) of the Uruguay Round Agreements
            Act).\14\
    ---------------------------------------------------------------------------
        \14\ Sec. 621(a)(5) of Public Law 103-465 (108 Stat. 4993) struck
    out ``General Agreement on Tariffs and Trade'' and inserted in lieu
    thereof ``GATT 1947 (as defined in section 2(1)(A) of the Uruguay Round
    Agreements Act)''.
    ---------------------------------------------------------------------------
              (4) The term ``implementing bill'' has the meaning
            given such term in section 151(b)(1) of the Trade Act
            of 1974 (19 U.S.C. 2191(b)(1)).
              (5) The term ``international trade'' includes, but is
            not limited to--
                      (A) trade in both goods and services, and
                      (B) foreign direct investment by United
                    States persons, especially if such investment
                    has implications for trade in goods and
                    services.
              (6) The term ``state trading enterprise'' means--
                      (A) any agency, instrumentality, or
                    administrative unit of a foreign country
                    which--
                              (i) purchases goods or services in
                            international trade for any purpose
                            other than the use of such goods or
                            services by such agency,
                            instrumentality, administrative unit,
                            or foreign country, or
                              (ii) sells goods or services in
                            international trade; or
                      (B) any business firm which--
                              (i) is substantially owned or
                            controlled by a foreign country or any
                            agency, instrumentality, or
                            administrative unit thereof,
                              (ii) is granted (formally or
                            informally) any special or exclusive
                            privilege by such foreign country,
                            agency, instrumentality, or
                            administrative unit, and
                              (iii) purchases goods or services in
                            international trade for any purpose
                            other than the use of such goods or
                            services by such foreign country,
                            agency, instrumentality, or
                            administrative unit, or which sells
                            goods or services in international
                            trade.
      (b) \15\ * * *
    ---------------------------------------------------------------------------
        \15\ Sec. 1107(b) and Part 2 amended the Trade Act of 1974.
    ---------------------------------------------------------------------------

            part 2--hearings and advice concerning negotiations \15\

              * * * * * * *

            part 3--other trade agreement and negotiation provisions

              * * * * * * *

    SEC. 1121. IMPLEMENTATION OF NAIROBI PROTOCOL.

      (a) Purpose and Reference.--
              (1) The purpose of this section is--
                      (A) to provide for the implementation by the
                    United States of the Protocol (S. Treaty Doc.
                    97-2, 9; hereafter referred to in this section
                    as the ``Nairobi Protocol'') to the Agreement
                    on the Importation of Educational, Scientific,
                    and Cultural Materials (17 UST (pt. 2) 1835;
                    commonly known as the ``Florence Agreement'');
                      (B) to clarify or modify the duty-free
                    treatment accorded under the Educational,
                    Scientific, and Cultural Materials Importation
                    Act of 1982 (Public Law 97-446, 96 Stat. 2346-
                    2349), the Educational, Scientific, and
                    Cultural Materials Importation Act of 1966
                    (Public Law 89-65, 80 Stat. 897 et seq.), and
                    Public Law 89-634 (80 Stat. 879); and
                      (C) to continue the safeguard provisions
                    concerning certain imported articles provided
                    for in the Educational, Scientific, and
                    Cultural Materials Importation Act of 1982.
              (2) Whenever an amendment or repeal in this section
            is expressed in terms of an amendment to, or repeal of,
            an item, headnote, Appendix, or other provision, the
            reference shall be considered to be made to an item,
            headnote, Appendix, or other provision of the Tariff
            Schedules of the United States.
      (b) Repeal of the Educational, Scientific, and Cultural
    Materials Importation Act of 1982.--The Educational,
    Scientific, and Cultural Materials Importation Act of 1982 is
    hereby repealed.
              * * * * * * *
      (g) Authority to Limit Certain Duty-Free Treatment.--
              (1)(A) The President may proclaim changes in the
            Tariff Schedules of the United States to narrow the
            scope of, place conditions upon, or otherwise eliminate
            the duty-free treatment accorded by reason of the
            amendments made by subsection (e) or (f) with respect
            to any type of article the duty-free treatment of which
            has significant adverse impact on a domestic industry
            (or portion thereof) manufacturing or producing a like
            or directly competitive article, if the effect of such
            change is consistent with the provisions of the
            relevant annexes of the Florence Agreement or the
            Nairobi Protocol.
              (B) If the President proclaims changes to the Tariff
            Schedules of the United States under subparagraph (A),
            the rate of duty thereafter applicable to any article
            which is--
                      (i) affected by such action, and
                      (ii) imported from any source,
            shall be the rate determined and proclaimed by the
            President as the rate which would then be applicable to
            such article from such source if this section had not
            been enacted.
              (2) If the President determines that any duty-free
            treatment which is no longer in effect because of
            action taken under paragraph (1) could be restored, in
            whole or in part, without a resumption of significant
            adverse impact on a domestic industry or portion
            thereof, the President may proclaim changes to the
            Tariff Schedules of the United States to resume such
            duty-free treatment.
              (3) Before taking any action under paragraph (1) or
            (2), the President shall afford an opportunity for
            interested Government agencies and private persons to
            present their views concerning the proposed action.
              (4) Any action in effect or any proceeding in
            progress under section 166 of the Educational,
            Scientific, and Cultural Materials Importation Act of
            1982 on the day that Act is repealed shall be
            considered as an action or proceeding under this
            section and shall be continued or resumed under this
            section.
      (h) Authority To Expand Certain Duty-Free Treatment Accorded
    by Reason of Subsection (d).--
              (1) If the President determines such action to be in
            the interest of the United States, the President may
            proclaim changes to the Tariff Schedules of the United
            States in order to remove or modify any condition or
            restriction imposed under headnote 1 to part 7 of
            schedule 8 (as amended by subsection (d) of this
            section) of such Schedules, on the importation of
            articles provided for in items 870.30 through 870.35,
            inclusive (except as to articles entered under the
            terms of headnote 1(a)(i) to part 7 of schedule 8) of
            such Schedules, in order to implement the provisions of
            annex C-1 of the Nairobi Protocol.
              (2) Any change to the Tariff Schedules of the United
            States proclaimed under paragraph (1) shall be
            effective with respect to articles entered, or
            withdrawn from warehouse, for consumption on or after
            the date that is 15 days after the date on which the
            President proclaims such change.
      (i) Statistical Information.--In order to implement
    effectively the provisions of subsection (g), the Secretary of
    the Treasury, in conjunction with the Secretary of Commerce,
    shall take such actions as are necessary to obtain adequate
    statistical information with respect to articles to which
    amendments made by subsection (f) \16\ apply, in such detail
    and for such period as the Secretaries consider necessary.
    ---------------------------------------------------------------------------
        \16\ Sec. 9001(a)(15) of Public Law 100-647 (Technical and
    Miscellaneous Revenue Act of 1988; 102 Stat. 3342) struck out ``(c)''
    and inserted in lieu thereof ``(f)''.
    ---------------------------------------------------------------------------
      (j) Effective Date.--
              (1) The provisions of this section, and the repeal
            and amendments made by this section, shall apply with
            respect to articles entered, or withdrawn from
            warehouse, for consumption on or after the later of--
                      (A) October 1, 1988, or
                      (B) the date that is 15 days after the
                    deposit of the United States ratification of
                    the Nairobi Protocol.
              (2) Notwithstanding section 514 of the Tariff Act of
            1930 or any other provision of law, upon request filed
            with the appropriate customs officer on or before the
            date that is 180 days after the later of the dates
            described in subparagraphs (A) and (B) of paragraph
            (1), any entry, or withdrawal from warehouse, of any
            article--
                      (A) which was made on or after August 12,
                    1985, and before such later date, and
                      (B) with respect to which there would have
                    been no duty if the provisions of this section,
                    or any amendments made by this section, applied
                    to such entry or withdrawal,
            shall be liquidated or reliquidated as though such
            entry or withdrawal had been made on or after such
            later date.

    SEC. 1122. IMPLEMENTATION OF UNITED STATES-EC AGREEMENT ON CITRUS AND
                        PASTA.

      (a) Purpose.--The purpose of this section is to provide for
    the implementation of tariff reductions agreed to by the United
    States in the Agreement between the European Communities and
    the United States, concluded February 24, 1987, with respect to
    citrus and pasta.
      (b) Proclamation Authority.--
              (1) The amendments made by subsection (c) shall apply
            with respect to articles entered, or withdrawn from
            warehouse for consumption, on or after a date occurring
            after September 30, 1988, that is proclaimed by the
            President as being appropriate to carry out the
            Agreement referred to in subsection (a).
              (2) The President is authorized at any time to modify
            or terminate by proclamation any provision of law
            enacted by the amendments made by subsection (c).
              (3) The rates of duty in column numbered 1 of the
            Tariff Schedules of the United States that are enacted
            by the amendments made by subsection (c) shall be
            treated--
                      (A) as not having the status of statutory
                    provisions enacted by the Congress; but
                      (B) as having been proclaimed by the
                    President as being required to carry out a
                    foreign trade agreement to which the United
                    States is a party.
      (c) * * *
      (d) Report.--The Trade Representative shall include in the
    semiannual report submitted under section 309(3) of the Trade
    Act of 1974 an assessment of whether the European Communities
    are in compliance with the agreement referred to in subsection
    (a).

    SEC. 1123. EXTENSION OF INTERNATIONAL COFFEE AGREEMENT ACT OF 1980.

      (a) Extension.--Section 2 of the International Coffee
    Agreement Act of 1980 (19 U.S.C. 1356k) is amended by striking
    out ``October 1, 1986'' and inserting ``October 1, 1989''.
      (b) Effective Date.--The amendment made by subsection (a)
    shall take effect January 1, 1987.

    SEC. 1124.\17\ NEGOTIATIONS ON CURRENCY EXCHANGE RATES.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 5304 note.
    ---------------------------------------------------------------------------
              (1) the benefit of trade concessions can be adversely
            affected by misalignments in currency, and
              (2) misalignments in currency caused by government
            policies intended to maintain an unfair trade advantage
            tend to nullify and impair trade concessions.
      (b) Negotiations.--Whenever, in the course of negotiating a
    trade agreement under this subtitle, the President is advised
    by the Secretary of the Treasury that a foreign country that is
    a party to the negotiations satisfies the criteria for
    initiating bilateral currency negotiations listed in section
    3004(b) of this Act, the Secretary of the Treasury shall take
    action to initiate bilateral currency negotiations on an
    expedited basis with such foreign country.

    SEC. 1125.\18\ REPORTS ON NEGOTIATIONS TO ELIMINATE WINE TRADE
                        BARRIERS.

      Before the close of the 13-month period beginning on the date
    of the enactment of this Act, the President shall update each
    report that the President submitted to the Committee on Ways
    and Means and the Committee on Finance under section 905(b) of
    the Wine Equity and Export Expansion Act of 1984 (19 U.S.C.
    2804) and submit the updated report to both of such committees.
    Each updated report shall contain, with respect to the major
    wine trading country concerned--
    ---------------------------------------------------------------------------
        \18\ 19 U.S.C. 2804 note.
    ---------------------------------------------------------------------------
              (1) a description of each tariff or nontariff barrier
            to (or other distortion of) trade in United States wine
            of that country with respect to which the United States
            Trade Representative has carried out consultations
            since the report required under such section 905(b) was
            submitted;
              (2) the status of the consultations described under
            paragraph (1); and
              (3) information, explanations, and recommendations of
            the kind referred to in paragraph (1) (C), (D), and (E)
            of such section 905(b) that are based on developments
            (including the taking of relevant actions, if any, of a
            kind not contemplated at the time of the enactment of
            such 1984 Act) since the submission of the report
            required under such section.

          Subtitle B--Implementation of the Harmonized Tariff Schedule

    SEC. 1201.\19\ PURPOSES.

      The purposes of this subtitle are--
    ---------------------------------------------------------------------------
        \19\ 19 U.S.C. 3001.
    ---------------------------------------------------------------------------
              (1) to approve the International Convention on the
            Harmonized Commodity Description and Coding System;
              (2) to implement in United States law the
            nomenclature established internationally by the
            Convention; and
              (3) to provide that the Convention shall be treated
            as a trade agreement obligation of the United States.

    SEC. 1202.\20\ DEFINITIONS.

      As used in this subtitle:
    ---------------------------------------------------------------------------
        \20\ 19 U.S.C. 3002.
    ---------------------------------------------------------------------------
              (1) The term ``Commission'' means the United States
            International Trade Commission.
              (2) The term ``Convention'' means the International
            Convention on the Harmonized Commodity Description and
            Coding System, done at Brussels on June 14, 1983, and
            the Protocol thereto, done at Brussels on June 24,
            1986, submitted to the Congress on June 15, 1987.
              (3) The term ``entered'' means entered, or withdrawn
            from warehouse for consumption, in the customs
            territory of the United States.
              (4) The term ``Federal agency'' means any
            establishment in the executive branch of the United
            States Government.
              (5) The term ``old Schedules'' means title I of the
            Tariff Act of 1930 (19 U.S.C. 1202) as in effect on the
            day before the effective date of the amendment to such
            title under section 1204(a).
              (6) The term ``technical rectifications'' means
            rectifications of an editorial character or minor
            technical or clerical changes which do not affect the
            substance or meaning of the text, such as--
                      (A) errors in spelling, numbering, or
                    punctuation;
                      (B) errors in indentation;
                      (C) errors (including inadvertent omissions)
                    in cross-references to headings or subheadings
                    or notes; and
                      (D) other clerical or typographical errors.

    SEC. 1203.\21\ CONGRESSIONAL APPROVAL OF UNITED STATES ACCESSION TO THE
                        CONVENTION.

        (a) Congressional Approval.--The Congress approves the
    accession by the United States of America to the Convention.
    ---------------------------------------------------------------------------
        \21\ 19 U.S.C. 3003.
    ---------------------------------------------------------------------------
      (b) Acceptance of the Final Legal Text of the Convention by
    the President.--The President may accept for the United States
    the final legal instruments embodying the Convention. The
    President shall submit a copy of each final instrument to the
    Congress on the date it becomes available.
      (c) Unspecified Private Remedies Not Created.--Neither the
    entry into force with respect to the United States of the
    Convention nor the enactment of this subtitle may be construed
    as creating any private right of action or remedy for which
    provision is not explicitly made under this subtitle or under
    other laws of the United States.
      (d) Termination.--The provisions of section 125(a) of the
    Trade Act of 1974 (19 U.S.C. 2135(a)) do not apply to the
    Convention.

    SEC. 1204.\22\ ENACTMENT OF THE HARMONIZED TARIFF SCHEDULE.

        (a) In General.--The Tariff Act of 1930 is amended by
    striking out title I and inserting a new title I entitled
    ``Title I--Harmonized Tariff Schedule of the United States''
    (hereinafter in this subtitle referred to as the ``Harmonized
    Tariff Schedule'') which--
    ---------------------------------------------------------------------------
        \22\ 19 U.S.C. 3004.
    ---------------------------------------------------------------------------
              (1) consists of--
                      (A) the General Notes;
                      (B) the General Rules of Interpretation;
                      (C) the Additional U.S. Rules of
                    Interpretation;
                      (D) sections I to XXII, inclusive
                    (encompassing chapters 1 to 99, and including
                    all section and chapter notes, article
                    provisions, and tariff and other treatment
                    accorded thereto); and
                      (E) the Chemical Appendix to the Harmonized
                    Tariff Schedule;
            all conforming to the nomenclature of the Convention
            and as set forth in Publication No. 2030 of the
            Commission entitled ``Harmonized Tariff Schedule of the
            United States Annotated for Statistical Reporting
            Purposes'' and Supplement No. 1 thereto; but
              (2) does not include the statistical annotations,
            notes, annexes, suffixes, check digits, units of
            quantity, and other matters formulated under section
            484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e)),
            nor the table of contents, footnotes, index, and other
            matters inserted for ease of reference, that are
            included in such Publication No. 2030 or Supplement No.
            1. thereto.
      (b) Modifications to the Harmonized Tariff Schedule.--At the
    earliest practicable date after the date of the enactment of
    the Omnibus Trade and Competitiveness Act of 1988, the
    President shall--
              (1) proclaim such modifications to the Harmonized
            Tariff Schedule as are consistent with the standards
            applied in converting the old Schedules into the format
            of the Convention, as reflected in such Publication No.
            2030 and Supplement No. 1. thereto, and as are
            necessary or appropriate to implement--
                      (A) the future outstanding staged rate
                    reductions authorized by the Congress in--
                              (i) the Trade Act of 1974 (19 U.S.C.
                            2101 et seq.) and the Trade Agreements
                            Act of 1979 (19 U.S.C. 2501 et seq.) to
                            reflect the tariff reductions that
                            resulted from the Tokyo Round of
                            multilateral trade negotiations, and
                              (ii) the United States-Israel Free
                            Trade Area Implementation Act of 1985
                            (19 U.S.C. 1202 note) to reflect the
                            tariff reduction resulting from the
                            United States-Israel Free Trade Area
                            Agreement,
                      (B) the applicable provisions of--
                              (i) statutes enacted,
                              (ii) executive actions taken, and
                              (iii) final judicial decisions
                            rendered,
                    after January 1, 1988, and before the effective
                    date of the Harmonized Tariff Schedule, and
                      (C) such technical rectifications as the
                    President considers necessary; and
              (2) take such action as the President considers
            necessary to bring trade agreements to which the United
            States is a party into conformity with the Harmonized
            Tariff Schedule.
      (c) Status of the Harmonized Tariff Schedule.--
              (1) The following shall be considered to be statutory
            provisions of law for all purposes:
                      (A) The provisions of the Harmonized Tariff
                    Schedule as enacted by this subtitle.
                      (B) Each statutory amendment to the
                    Harmonized Tariff Schedule.
                      (C) Each modification or change made to the
                    Harmonized Tariff Schedule by the President
                    under authority of law (including section 604
                    of the Trade Act of 1974).
              (2) Neither the enactment of this subtitle nor the
            subsequent enactment of any amendment to the Harmonized
            Tariff Schedule, unless such subsequent enactment
            otherwise provides, may be construed as limiting the
            authority of the President--
                      (A) to effect the import treatment necessary
                    or appropriate to carry out, modify, withdraw,
                    suspend, or terminate, in whole or in part,
                    trade agreements; or
                      (B) to take such other actions through the
                    modification, continuance, or imposition of any
                    rate of duty or other import restriction as may
                    be necessary or appropriate under the authority
                    of the President.
              (3) If a rate of duty established in column 1 by the
            President by proclamation or Executive order is higher
            than the existing rate of duty in column 2, the
            President may by proclamation or Executive order
            increase such existing rate to the higher rate.
              (4) If a rate of duty is suspended or terminated by
            the President by proclamation or Executive order and
            the proclamation or Executive order does not specify
            the rate that is to apply in lieu of the suspended or
            terminated rate, the last rate of duty that applied
            prior to the suspended or terminated rate shall be the
            effective rate of duty.
      (d) Interim Informational Use of Harmonized Tariff Schedule
    Classifications.--Each--
              (1) proclamation issued by the President;
              (2) public notice issued by the Commission or other
            Federal agency; and
              (3) finding, determination, order, recommendation, or
            other decision made by the Commission or other Federal
            agency;
    during the period between the date of the enactment of the
    Omnibus Trade and Competitiveness Act of 1988 and the effective
    date of the Harmonized Tariff Schedule shall, if the
    proclamation, notice, or decision contains a reference to the
    tariff classification of any article, include, for
    informational purposes, a reference to the classification of
    that article under the Harmonized Tariff Schedule.

    SEC. 1205.\23\ COMMISSION REVIEW OF, AND RECOMMENDATIONS REGARDING, THE
                        HARMONIZED TARIFF SCHEDULE.

        (a) In General.--The Commission shall keep the Harmonized
    Tariff Schedule under continuous review and periodically, at
    such time as amendments to the Convention are recommended by
    the Customs Cooperation Council for adoption, and as other
    circumstances warrant, shall recommend to the President such
    modifications in the Harmonized Tariff Schedule as the
    Commission considers necessary or appropriate--
    ---------------------------------------------------------------------------
        \23\ 19 U.S.C. 3005.
    ---------------------------------------------------------------------------
              (1) to conform the Harmonized Tariff Schedule with
            amendments made to the Convention;
              (2) to promote the uniform application of the
            Convention and particularly the Annex thereto;
              (3) to ensure that the Harmonized Tariff Schedule is
            kept up-to-date in light of changes in technology or in
            patterns of international trade;
              (4) to alleviate unnecessary administrative burdens;
            and
              (5) to make technical rectifications.
      (b) Agency and Public Views Regarding Recommendations.--In
    formulating recommendations under subsection (a), the
    Commission shall solicit, and give consideration to, the views
    of interested Federal agencies and the public. For purposes of
    obtaining public views, the Commission--
              (1) shall give notice of the proposed recommendations
            and afford reasonable opportunity for interested
            parties to present their views in writing; and
              (2) may provide for a public hearing.
      (c) Submission of Recommendations.--The Commission shall
    submit recommendations under this section to the President in
    the form of a report that shall include a summary of the
    information on which the recommendations were based, together
    with a statement of the probable economic effect of each
    recommended change on any industry in the United States. The
    report also shall include a copy of all written views submitted
    by interested Federal agencies and a copy or summary, prepared
    by the Commission, of the views of all other interested
    parties.
      (d) Requirements Regarding Recommendations.--The Commission
    may not recommend any modification to the Harmonized Tariff
    Schedule unless the modification meets the following
    requirements:
              (1) The modification must--
                      (A) be consistent with the Convention or any
                    amendment thereto recommended for adoption;
                      (B) be consistent with sound nomenclature
                    principles; and
                      (C) ensure substantial rate neutrality.
              (2) Any change to a rate of duty must be consequent
            to, or necessitated by, nomenclature modifications that
            are recommended under this section.
              (3) The modification must not alter existing
            conditions of competition for the affected United
            States industry, labor, or trade.

    SEC. 1206.\24\ PRESIDENTIAL ACTION ON COMMISSION RECOMMENDATIONS.

        (a) In General.--The President may proclaim modifications,
    based on the recommendations by the Commission under section
    1205, to the Harmonized Tariff Schedule if the President
    determines that the modifications--
    ---------------------------------------------------------------------------
        \24\ 19 U.S.C. 3006.
    ---------------------------------------------------------------------------
              (1) are in conformity with United States obligations
            under the Convention; and
              (2) do not run counter to the national economic
            interest of the United States.
      (b) \25\ Lay-Over Period.--
    ---------------------------------------------------------------------------
        \25\ Reporting requirements vested in the President in subsec. (b)
    were delegated to the U.S. Trade Representative in a Presidential
    memorandum of December 12, 1991 (56 F.R. 65413; December 16, 1991).
    ---------------------------------------------------------------------------
              (1) The President may proclaim a modification under
            subsection (a) only after the expiration of the 60-day
            period beginning on the date on which the President
            submits a report to the Committee on Ways and Means of
            the House of Representatives and the Committee on
            Finance of the Senate that sets forth the proposed
            modification and the reasons therefor.
              (2) The 60-day period referred to in paragraph (1)
            shall be computed by excluding--
                      (A) the days on which either House is not in
                    session because of an adjournment of more than
                    3 days to a day certain or an adjournment of
                    the Congress sine die; and
                      (B) any Saturday and Sunday, not excluded
                    under subparagraph (A), when either House is
                    not in session.
      (c) Effective Date of Modifications.--Modifications
    proclaimed by the President under subsection (a) may not take
    effect before the 15th day after the date on which the text of
    the proclamation is published in the Federal Register.

    SEC. 1207.\26\ PUBLICATION OF THE HARMONIZED TARIFF SCHEDULE.

        (a) In General.--The Commission shall compile and publish,
    at appropriate intervals, and keep up to date the Harmonized
    Tariff Schedule and related information in the form of printed
    copy; and, if, in its judgment, such format would serve the
    public interest and convenience--
    ---------------------------------------------------------------------------
        \26\ 19 U.S.C. 3007.
    ---------------------------------------------------------------------------
              (1) in the form of microfilm images; or
              (2) in the form of electronic media.
      (b) Content.--Publications under subsection (a), in whatever
    format, shall contain--
              (1) the then current Harmonized Tariff Schedule;
              (2) statistical annotations and related statistical
            information formulated under section 484(f) of the
            Tariff Act of 1930 (19 U.S.C. 1484(f)); and \27\
    ---------------------------------------------------------------------------
        \27\ Sec. 21(e)(10) of Public Law 104-295 (110 Stat. 3531) struck
    out ``484(e)'' and ``1484(e)'' and inserted in lieu thereof ``484(f)''
    and ``1484(f)'', respectively.
    ---------------------------------------------------------------------------
              (3) such other matters as the Commission considers to
            be necessary or appropriate to carry out the purposes
            enumerated in the Preamble to the Convention.

    SEC. 1208.\28\ IMPORT AND EXPORT STATISTICS.

      The Secretary of Commerce shall compile, and make publicly
    available, the import and export trade statistics of the United
    States. Such statistics shall be conformed to the nomenclature
    of the Convention.
    ---------------------------------------------------------------------------
        \28\ 19 U.S.C. 3008.
    ---------------------------------------------------------------------------

    SEC. 1209.\29\ COORDINATION OF TRADE POLICY AND THE CONVENTION.

      The United States Trade Representative is responsible for
    coordination of United States trade policy in relation to the
    Convention. Before formulating any United States position with
    respect to the Convention, including any proposed amendments
    thereto, the United States Trade Representative shall seek, and
    consider, information and advice from interested parties in the
    private sector (including a functional advisory committee) and
    from interested Federal agencies.
    ---------------------------------------------------------------------------
        \29\ 19 U.S.C. 3009.
    ---------------------------------------------------------------------------

    SEC. 1210.\30\ UNITED STATES PARTICIPATION ON THE CUSTOMS COOPERATION
                        COUNCIL REGARDING THE CONVENTION.

        (a) Principal United States Agencies.--
    ---------------------------------------------------------------------------
        \30\ 19 U.S.C. 3010.
    ---------------------------------------------------------------------------
              (1) Subject to the policy direction of the Office of
            the United States Trade Representative under section
            1209, the Department of the Treasury, the Department of
            Commerce, and the Commission shall, with respect to the
            activities of the Customs Cooperation Council relating
            to the Convention--
                      (A) be primarily responsible for formulating
                    United States Government positions on technical
                    and procedural issues; and
                      (B) represent the United States Government.
              (2) The Department of Agriculture and other
            interested Federal agencies shall provide to the
            Department of the Treasury, the Department of Commerce,
            and the Commission technical advice and assistance
            relating to the functions referred to in paragraph (1).
      (b) Development of Technical Proposals.--
              (1) In connection with responsibilities arising from
            the implementation of the Convention and under section
            484(f) of the Tariff Act of 1930 (19 U.S.C. 1484(f))
            \27\ regarding United States programs for the
            development of adequate and comparable statistical
            information on merchandise trade, the Secretary of the
            Treasury, the Secretary of Commerce, and the Commission
            shall prepare technical proposals that are appropriate
            or required to assure that the United States
            contribution to the development of the Convention
            recognizes the needs of the United States business
            community for a Convention which reflects sound
            principles of commodity identification, modern
            producing methods, and current trading patterns and
            practices.
              (2) In carrying out this subsection, the Secretary of
            the Treasury, the Secretary of Commerce, and the
            Commission shall--
                      (A) solicit and consider the views of
                    interested parties in the private sector
                    (including a functional advisory committee) and
                    of interested Federal agencies;
                      (B) establish procedures for reviewing, and
                    developing appropriate responses to, inquiries
                    and complaints from interested parties
                    concerning articles produced in and exported
                    from the United States; and
                      (C) where appropriate, establish procedures
                    for--
                              (i) ensuring that the dispute
                            settlement provisions and other
                            relevant procedures available under the
                            Convention are utilized to promote
                            United States export interests, and
                              (ii) submitting classification
                            questions to the Harmonized System
                            Committee of the Customs Cooperation
                            Council.
      (c) Availability of Customs Cooperation Council
    Publications.--As soon as practicable after the date of the
    enactment of the Omnibus Trade and Competitiveness Act of 1988,
    and periodically thereafter as appropriate, the Commission
    shall see to the publication of--
              (1) summary records of the Harmonized System
            Committee of the Customs Cooperation Council; and
              (2) subject to applicable copyright laws, the
            Explanatory Notes, Classification Opinions, and other
            instruments of the Customs Cooperation Council relating
            to the Convention.

    SEC. 1211.\31\ TRANSITION TO THE HARMONIZED TARIFF SCHEDULE.

        (a) Existing Executive Actions.--
    ---------------------------------------------------------------------------
        \31\ 19 U.S.C. 3011.
    ---------------------------------------------------------------------------
              (1) The appropriate officers of the United States
            Government shall take whatever actions are necessary to
            conform, to the fullest extent practicable, with the
            tariff classification system of the Harmonized Tariff
            Schedule all proclamations, regulations, rulings,
            notices, findings, determinations, orders,
            recommendations, and other written actions that--
                      (A) are in effect on the day before the
                    effective date of the Harmonized Tariff
                    Schedule; and
                      (B) contain references to the tariff
                    classification of articles under the old
                    Schedules.
              (2) Neither the repeal of the old Schedules, nor the
            failure of any officer of the United States Government
            to make the conforming changes required under paragraph
            (1), shall affect to any extent the validity or effect
            of the proclamation, regulation, ruling, notice,
            finding, determination, order, recommendation, or other
            action referred to in paragraph (1).
      (b) Generalized System of Preferences Conversion.--
              (1) The review of the proposed conversion of the
            Generalized System of Preferences program to the
            Convention tariff nomenclature, initiated by the Office
            of the United States Trade Representative by notice
            published in the Federal Register on December 8, 1986
            (at page 44,163 of volume 51 thereof), shall be treated
            as satisfying the requirements of sections 503(a) and
            504(c)(3) of the Trade Act of 1974 (as in effect on
            July 31, 1995).\32\
    ---------------------------------------------------------------------------
        \32\ Sec. 1954(a)(1)(A) of Public Law 104-188 (110 Stat. 1927)
    struck out ``(19 U.S.C. 2463(a), 2464(c)(3))'' and inserted in lieu
    thereof ``(as in effect on July 31, 1995)''.
    ---------------------------------------------------------------------------
              (2) In applying section 504(c)(1) of the Trade Act of
            1974 (as in effect on July 31, 1995) \33\ for calendar
            year 1989, the reference in such section to July 1
            shall be treated as a reference to September 1.
    ---------------------------------------------------------------------------
        \33\ Sec. 1954(a)(1)(B) of Public Law 104-188 (110 Stat. 1927)
    struck out ``(19 U.S.C. 2464(c)(1))'' and inserted in lieu thereof
    ``(as in effect on July 31, 1995)''.
    ---------------------------------------------------------------------------
      (c) Import Restrictions Under the Agricultural Adjustment
    Act.--
              (1) Whenever the President determines that the
            conversion of an import restriction proclaimed under
            section 22 of the Agricultural Adjustment Act (7 U.S.C.
            624) from part 3 of the Appendix to the old Schedules
            to subchapter IV of chapter 99 of the Harmonized Tariff
            Schedule results in--
                      (A) an article that was previously subject to
                    the restriction being excluded from the
                    restriction; or
                      (B) an article not previously subject to the
                    restriction being included within the
                    restriction;
            the President may proclaim changes in subchapter IV of
            chapter 99 of the Harmonized Tariff Schedule to conform
            that subchapter to the fullest extent possible to part
            3 of the Appendix to the old Schedules.
              (2) Whenever the President determines that the
            conversion from headnote 2 of subpart A of part 10 of
            schedule 1 of the old Schedules to Additional U.S. Note
            2, chapter 17, of the Harmonized Tariff Schedule
            results in--
                      (A) an article that was previously covered by
                    such headnote being excluded from coverage; or
                      (B) an article not previously covered by such
                    headnote being included in coverage;
            the President may proclaim changes in Additional U.S.
            Note 2, chapter 17 of the Harmonized Tariff Schedule to
            conform that note to the fullest extent possible to
            headnote 2 of subpart A of part 10 of schedule 1 of the
            old Schedules.
              (3) No change to the Harmonized Tariff Schedule may
            be proclaimed under paragraph (1) or (2) after June 30,
            1990.
      (d) Certain Protests and Petitions Under the Customs Law.--
              (1)(A) This subtitle may not be considered to divest
            the courts of jurisdiction over--
                      (i) any protest filed under section 514 of
                    the Tariff Act of 1930 (19 U.S.C. 1514); or
                      (ii) any petition by an American
                    manufacturer, producer, or wholesaler under
                    section 516 of such Act (19 U.S.C. 1516);
            covering articles entered before the effective date of
            the Harmonized Tariff Schedule.
              (B) Nothing in this subtitle shall affect the
            jurisdiction of the courts with respect to articles
            entered after the effective date of the Harmonized
            Tariff Schedule.
              (2)(A) If any protest or petition referred to in
            paragraph (1)(A) is sustained in whole or in part by a
            final judicial decision, the entries subject to that
            protest or petition and made before the effective date
            of the Harmonized Tariff Schedule shall be liquidated
            or reliquidated, as appropriate, in accordance with
            such final judicial decision under the old Schedules.
              (B) At the earliest practicable date after the
            effective date of the Harmonized Tariff Schedule, the
            Commission shall initiate an investigation under
            section 332 of the Tariff Act of 1930 (19 U.S.C. 1332)
            of those final judicial decisions referred to in
            subparagraph (A) that--
                      (i) are published during the 2-year period
                    beginning on February 1, 1988; and
                      (ii) would have affected tariff treatment if
                    they had been published during the period of
                    the conversion of the old Schedules into the
                    format of the Convention.
            No later than September 1, 1990, the Commission shall
            report the results of the investigation to the
            President, the Committee on Ways and Means, and the
            Committee on Finance, and shall recommend those changes
            to the Harmonized Tariff Schedule that the Commission
            would have recommended if the final decisions concerned
            had been made before the conversion into the format of
            the Convention occurred.
              (3) The President shall review all changes
            recommended by the Commission under paragraph (2)(B)
            and shall, as soon as practicable, proclaim such of
            those changes, if any, which he decides are necessary
            or appropriate to conform such Schedule to the final
            judicial decisions. Any such change shall be effective
            with respect to--
                      (A) entries made on or after the date of such
                    proclamation; and
                      (B) entries made on or after the effective
                    date of the Harmonized Tariff Schedule if,
                    notwithstanding section 514 of the Tariff Act
                    of 1930 (19 U.S.C. 1514), application for
                    liquidation or reliquidation thereof is made by
                    the importer to the customs officer concerned
                    within 180 days after the effective date of
                    such proclamation.
              (4) If any protest or petition referred to in
            paragraph (1)(A) is not sustained in whole or in part
            by a final judicial decision, the entries subject to
            that petition or protest and made before the effective
            date of the Harmonized Tariff Schedule shall be
            liquidated or reliquidated, as appropriate, in
            accordance with the final judicial decision under the
            old Schedules.

    SEC. 1212.\34\ REFERENCE TO THE HARMONIZED TARIFF SCHEDULE.

      Any reference in any law to the ``Tariff Schedules of the
    United States'', ``the Tariff Schedules'', ``such Schedules'',
    and any other general reference that clearly refers to the old
    Schedules shall be treated as a reference to the Harmonized
    Tariff Schedule.
    ---------------------------------------------------------------------------
        \34\ 19 U.S.C. 3012.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1216.\35\ COMMISSION REPORT ON OPERATION OF SUBTITLE.

      The Commission, in consultation with other appropriate
    Federal agencies, shall prepare, and submit to the Congress and
    to the President, a report regarding the operation of this
    subtitle during the 12-month period commencing on the effective
    date of the Harmonized Tariff Schedule. The report shall be
    submitted to the Congress and to the President before the close
    of the 6-month period beginning on the day after the last day
    of such 12-month period.
    ---------------------------------------------------------------------------
        \35\ 19 U.S.C. 3005 note.
    ---------------------------------------------------------------------------

    SEC. 1217.\36\ EFFECTIVE DATES.

        (a) Accession to Convention and Provisions Other Than the
    Implementation of the Harmonized Tariff Schedule.--Except as
    provided in subsection (b), the provisions of this subtitle
    take effect on the date of the enactment of the Omnibus Trade
    and Competitiveness Act of 1988.
    ---------------------------------------------------------------------------
        \36\ 19 U.S.C. 3001 note.
    ---------------------------------------------------------------------------
      (b) Implementation of the Harmonized Tariff Schedule.--The
    effective date of the Harmonized Tariff Schedule is January 1,
    1989. On such date--
              (1) the amendments made by sections 1204(a), 1213,
            1214, and 1215 take effect and apply with respect to
            articles entered on or after such date; and
              (2) sections 1204(c), 1211, and 1212 take effect.

          Subtitle C--Response to Unfair International Trade Practices

    part 1--enforcement of united states rights under trade agreements and
                  response to certain foreign trade practices

              * * * * * * *

    SEC. 1303. IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE AND EFFECTIVE
                        PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.

      (a) Findings and Purpose.--
              (1) The Congress finds that--
                      (A) international protection of intellectual
                    property rights is vital to the international
                    competitiveness of United States persons that
                    rely on protection of intellectual property
                    rights; and
                      (B) the absence of adequate and effective
                    protection of United States intellectual
                    property rights, and the denial of fair and
                    equitable market access, seriously impede the
                    ability of the United States persons that rely
                    on protection of intellectual property rights
                    to export and operate overseas, thereby harming
                    the economic interests of the United States.
              (2) The purpose of this section is to provide for the
            development of an overall strategy to ensure adequate
            and effective protection of intellectual property
            rights and fair and equitable market access for United
            States persons that rely on protection of intellectual
            property rights.
        (b) \37\ * * *
    ---------------------------------------------------------------------------
        \37\ Subsec. (b) added a new sec. 182 to ch. 8 of title I of the
    Trade Act of 1974 (Public Law 93-618; 19 U.S.C. 2242).
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1305. INVESTIGATION OF BARRIERS IN JAPAN TO CERTAIN UNITED STATES
                        SERVICES.

      The United States Trade Representative shall, within 90 days
    after the date of enactment of this Act, initiate an
    investigation under section 302 of the Trade Act of 1974
    regarding those acts, policies, and practices of the Government
    of Japan, and of entities owned, financed, or otherwise
    controlled by the Government of Japan, that are barriers in
    Japan to the offering or performance by United States persons
    of architectural, engineering, construction, and consulting
    services in Japan.

    SEC. 1306. TRADE AND ECONOMIC RELATIONS WITH JAPAN.

      (a) Findings.--The Congress finds that--
              (1) the United States is at a critical juncture in
            bilateral relations with Japan;
              (2) the balance of trade between the United States
            and Japan has deteriorated steadily from an already
            large United States deficit of $10,400,000,000 in 1980
            to an unprecedented United States deficit of
            $57,700,000,000 in 1987, a magnitude that is simply
            untenable;
              (3) approximately 90 percent of the increase in total
            trade between the United States and Japan since 1980
            has been in Japanese exports to the United States;
              (4) United States exports to Japan have not
            significantly benefited from appreciation of the yen;
              (5) the United States deficit in the balance of trade
            in manufactured goods is growing: in 1987 Japan
            exported $82,500,000,000 of manufactured goods to the
            United States, while the United States exported
            $14,600,000,000 in manufactured goods;
              (6) Japan accounts for 49 percent of the worldwide
            deficit of the United States in the balance of trade in
            manufactured goods, calculated on a customs basis;
              (7) our trade and economic relations with Japan are
            complex and cannot be effectively resolved through
            narrow sector-by-sector negotiations;
              (8) a major problem between the United States and
            Japan is the absence of a political will in Japan to
            import; and
              (9) meaningful negotiations must take place at the
            highest level, at a special summit of political leaders
            from both countries.
      (b) Sense of the Congress.--
              (1) It is the sense of the Congress that the
            President should propose to the Japanese Prime Minister
            that a special summit be held between the leaders of
            the United States and Japan for the purpose of--
                      (A) addressing trade and economic issues, and
                      (B) establishing--
                              (i) an agreement that provides
                            objectives for improvement in trade and
                            economic relations, and
                              (ii) targets for achieving these
                            objectives.
              (2) The delegation of the United States to the summit
            meeting described in subsection (a) should include--
                      (A) Members of Congress from both political
                    parties, and
                      (B) appropriate officers of the executive
                    branch of the United States Government.
              (3) The delegation of Japan to the summit meeting
            described in subsection (a) should include--
                      (A) representatives of all political parties
                    in Japan, and
                      (B) appropriate officers of the Government of
                    Japan.

    SEC. 1307. SUPERCOMPUTER TRADE DISPUTE.

      (a) Findings.--The Congress finds that--
              (1) United States manufacturers of supercomputers
            have encountered significant obstacles in selling
            supercomputers in Japan, particularly to government
            agencies and universities;
              (2) Japanese government procurement policies and
            pricing practices have denied United States
            manufacturers access to the Japanese supercomputer
            market;
              (3) it has been reported that officials of the
            Ministry of International Trade and Industry of Japan
            have told United States Government officials that
            Japanese government agencies and universities do not
            intend to purchase supercomputers from United States
            manufacturers, or take steps to improve access for
            United States manufacturers;
              (4) the United States Government in August 1987
            signed an agreement with the Government of Japan
            establishing procedures for the procurement of United
            States supercomputers by the Government of Japan;
              (5) concern remains as to implementation of the
            procurement agreement by the Government of Japan;
              (6) there have been allegations that Japanese
            manufacturers of supercomputers have been offering
            supercomputers at drastically discounted prices in the
            markets of the United States, Japan, and other
            countries;
              (7) deep price discounting raises the concern that
            Japan's large-scale vertically integrated manufacturers
            of supercomputers have targeted the supercomputer
            industry with the objective of eventual domination of
            the global computer market; and
              (8) the supercomputer industry plays a central role
            in the technological competitiveness and national
            security of the United States.
      (b) Sense of Congress.--It is the sense of the Congress that
    the United States Trade Representative and other appropriate
    officials of the United States Government should--
              (1) give the highest priority to concluding and
            enforcing agreements with the Government of Japan which
            achieve improved market access for United States
            manufacturers of supercomputers and end any predatory
            pricing activities of Japanese companies in the United
            States, Japan, and other countries; and
              (2) continue to monitor the efforts of United States
            manufacturers of supercomputers to gain access to the
            Japanese market, recognizing that the Government of
            Japan may continue to manipulate the government
            procurement process to maintain the market dominance of
            Japanese manufacturers.

         part 2--improvement in the enforcement of the antidumping and
                            countervailing duty laws

    SEC. 1311. REFERENCE TO TITLE VII OF THE TARIFF ACT OF 1930.

      Unless otherwise provided, whenever in this part an amendment
    or repeal is expressed in terms of an amendment to, or repeal
    of, a subtitle, section, subsection, or other provision, the
    reference shall be considered to be made to a subtitle,
    section, subsection, or other provision of title VII of the
    Tariff Act of 1930 (19 U.S.C. 1671 et seq.).
              * * * * * * *

    SEC. 1317.\38\ THIRD-COUNTRY DUMPING.

        (a) Definitions.--For purposes of this section:
    ---------------------------------------------------------------------------
        \38\ 19 U.S.C. 1677k.
    ---------------------------------------------------------------------------
              (1)(A) \39\ The term ``Agreement'' means the
            Agreement on Implementation of Article VI of the GATT
            1994 (relating to antidumping measures).
    ---------------------------------------------------------------------------
        \39\ Sec. 621(a)(1) of Public Law 103-465 (108 Stat. 4992) inserted
    ``(A)'' after ``(1)'', struck out ``General Agreement of Tariffs and
    Trade'' and inserted in lieu thereof ``GATT 1994'', and added subpara.
    (B).
    ---------------------------------------------------------------------------
              (B) \39\ the term ``GATT 1994'' has the meaning given
            that term in section 2(1)(B) of the Uruguay Round
            Agreements Act.
              (2) The term ``Agreement country'' means a foreign
            country that has accepted the Agreement.
              (3) The term ``Trade Representative'' means the
            United States Trade Representative.
      (b) Petition by Domestic Industry.--
              (1) A domestic industry that produces a product that
            is like or directly competitive with merchandise
            produced by a foreign country (whether or not an
            Agreement country) may, if it has reason to believe
            that--
                      (A) such merchandise is being dumped in an
                    Agreement country; and
                      (B) such domestic industry is being
                    materially injured, or threatened with material
                    injury, by reason of such dumping;
            submit a petition to the Trade Representative that
            alleges the elements referred to in subparagraphs (A)
            and (B) and requests the Trade Representative to take
            action under subsection (c) on behalf of the domestic
            industry.
              (2) A petition submitted under paragraph (1) shall
            contain such detailed information as the Trade
            Representative may require in support of the
            allegations in the petition.
      (c) Application for Antidumping Action on Behalf of the
    Domestic Industry.--
              (1) If the Trade Representative, on the basis of the
            information contained in a petition submitted under
            paragraph (1), determines that there is a reasonable
            basis for the allegations in the petition, the Trade
            Representative shall submit to the appropriate
            authority of the Agreement country where the alleged
            dumping is occurring an application pursuant to Article
            12 of the Agreement which requests that appropriate
            antidumping action under the law of that country be
            taken, on behalf of the United States, with respect to
            imports into that country of the merchandise concerned.
              (2) At the request of the Trade Representative, the
            appropriate officers of the Department of Commerce and
            the United States International Trade Commission shall
            assist the Trade Representative in preparing the
            application under paragraph (1).
      (d) Consultation After Submission of Application.--After
    submitting an application under subsection (c)(1), the Trade
    Representative shall seek consultations with the appropriate
    authority of the Agreement country regarding the request for
    antidumping action.
      (e) Action Upon Refusal of Agreement Country To Act.--If the
    appropriate authority of an Agreement country refuses to
    undertake antidumping measures in response to a request made
    therefor by the Trade Representative under subsection (c), the
    Trade Representative shall promptly consult with the domestic
    industry on whether action under any other law of the United
    States is appropriate.
              * * * * * * *

    SEC. 1336. STUDIES.

      (a) Study of Market Orientation of China.--The Secretary of
    Commerce, in consultation with the heads of other appropriate
    Federal agencies, shall undertake a study regarding the new
    market orientation of the People's Republic of China. The study
    shall address, but not be limited to--
              (1) the effect of the new orientation on Chinese
            market policies and price structure, and the
            relationship between domestic Chinese prices and world
            prices;
              (2) the extent to which United States trade law
            practices can accommodate the increased market
            orientation of the Chinese economy; and
              (3) the possible need for changes in United States
            antidumping laws as they apply to foreign countries,
            such as China, which are in transition to a more
            market-oriented economy.
    The Secretary of Commerce shall submit to the Congress within 1
    year after the date of the enactment of this Act a report on
    the study required under this subsection.
      (b) Subsidies Code Commitments.--Within 90 days after the
    date of the enactment of this Act, the United States Trade
    Representative shall initiate a review of all bilateral subsidy
    commitments that have been entered into by foreign governments
    with the United States. The review shall include--
              (1) an evaluation of the extent to which the
            commitments have been complied with;
              (2) with respect to those commitments found under
            paragraph (1) not to have been complied with, an
            estimate regarding when compliance is likely; and
              (3) recommendations regarding how compliance can be
            improved.
    The United States Trade Representative shall complete the
    review required under this subsection and submit a report
    thereon to the Committee on Ways and Means of the House of
    Representatives and the Committee on Finance of the Senate
    within 180 days after the date of the enactment of this Act.
              * * * * * * *

               part 3--protection of intellectual property rights

    SEC. 1341.\40\ CONGRESSIONAL FINDINGS AND PURPOSES.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \40\ 19 U.S.C. 1337 note.
    ---------------------------------------------------------------------------
              (1) United States persons that rely on protection of
            intellectual property rights are among the most
            advanced and competitive in the world; and
              (2) the existing protection under section 337 of the
            Tariff Act of 1930 against unfair trade practices is
            cumbersome and costly and has not provided United
            States owners of intellectual property rights with
            adequate protection against foreign companies violating
            such rights.
      (b) Purpose.--The purpose of this part is to amend section
    337 of the Tariff Act of 1930 to make it a more effective
    remedy for the protection of United States intellectual
    property rights.

    SEC. 1342. PROTECTION UNDER THE TARIFF ACT OF 1930.

      (a) * * *
      (b) * * *
      (c) Conforming Amendment.--The Act entitled ``An Act to limit
    the importation of products made, produced, processed, or mined
    under process covered by unexpired valid United States patents,
    and for other purposes'', approved July 2, 1940 (54 Stat. 724,
    19 U.S.C. 1337a), is repealed.
      (d) Effective Date.--
              (1)(A) Subject to subparagraph (B), the amendments
            made by this section shall take effect on the date of
            the enactment of this Act.
              (B) The United States International Trade Commission
            is not required to apply the provision in section
            337(e)(2) of the Tariff Act of 1930 (as amended by
            subsection (a)(3) of this section) relating to the
            posting of bonds until the earlier of--
                      (i) the 90th day after such date of
                    enactment; or
                      (ii) the day on which the Commission issues
                    interim regulations setting forth the
                    procedures relating to such posting.
              (2) Notwithstanding any provision of section 337 of
            the Tariff Act of 1930, the United States International
            Trade Commission may extend, by not more than 90 days,
            the period within which the Commission is required to
            make a determination in an investigation conducted
            under such section 337 if--
                      (A) the Commission would, but for this
                    paragraph, be required to make such
                    determination before the 180th day after the
                    date of enactment of this Act; and
                      (B) the Commission finds that the
                    investigation is complicated.

                        part 4--telecommunications trade

    SEC. 1371.\41\ SHORT TITLE.

      This part may be cited as the ``Telecommunications Trade Act
    of 1988''.
    ---------------------------------------------------------------------------
        \41\ 19 U.S.C. 3101 note.
    ---------------------------------------------------------------------------

    SEC. 1372.\42\ FINDINGS AND PURPOSES.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \42\ 19 U.S.C. 3101.
    ---------------------------------------------------------------------------
              (1) rapid growth in the world market for
            telecommunications products and services is likely to
            continue for several decades;
              (2) the United States can improve prospects for--
                      (A) the growth of--
                              (i) United States exports of
                            telecommunications products and
                            services, and
                              (ii) export-related employment and
                            consumer services in the United States,
                            and
                      (B) the continuance of the technological
                    leadership of the United States,
            by undertaking a program to achieve an open world
            market for trade in telecommunications products,
            services, and investment;
              (3) most foreign markets for telecommunications
            products, services, and investment are characterized by
            extensive government intervention (including
            restrictive import practices and discriminatory
            procurement practices) which adversely affect United
            States exports of telecommunications products and
            services and United States investment in
            telecommunications;
              (4) the open nature of the United States
            telecommunications market, accruing from the
            liberalization and restructuring of such market, has
            contributed, and will continue to contribute, to an
            increase in imports of telecommunications products and
            a growing imbalance in competitive opportunities for
            trade in telecommunications;
              (5) unless this imbalance is corrected through the
            achievement of mutually advantageous market
            opportunities for trade in telecommunications products
            and services between the United States and foreign
            countries, the United States should avoid granting
            continued open access to the telecommunications
            products and services of such foreign countries in the
            United States market; and
              (6) the unique business conditions in the worldwide
            market for telecommunications products and services
            caused by the combination of deregulation and
            divestiture in the United States, which represents a
            unilateral liberalization of United States trade with
            the rest of the world, and continuing government
            intervention in the domestic industries of many other
            countries create a need to make an exception in the
            case of telecommunications products and services that
            should not necessarily be a precedent for legislating
            specific sectoral priorities in combating the closed
            markets or unfair foreign trade practices of other
            countries.
      (b) Purposes.--The purposes of this part are--
              (1) to foster the economic and technological growth
            of, and employment in, the United States
            telecommunications industry;
              (2) to secure a high quality telecommunications
            network for the benefit of the people of the United
            States;
              (3) to develop an international consensus in favor of
            open trade and competition in telecommunications
            products and services;
              (4) to ensure that countries which have made
            commitments to open telecommunications trade fully
            abide by those commitments; and
              (5) to achieve a more open world trading system for
            telecommunications products and services through
            negotiation and provision of mutually advantageous
            market opportunities for United States
            telecommunications exporters and their subsidiaries in
            those markets in which barriers exist to free
            international trade.

    SEC. 1373.\43\ DEFINITIONS.

      For purposes of this part--
    ---------------------------------------------------------------------------
        \43\ 19 U.S.C. 3102.
    ---------------------------------------------------------------------------
              (1) The term ``Trade Representative'' means the
            United States Trade Representative.
              (2) The term ``telecommunications product'' means--
                      (A) any paging devices provided for under
                    item 685.65 of such Schedules, and
                      (B) any article classified under any of the
                    following item numbers of such Schedules:

                        684.57      684.67      685.28      685.39
                        684.58      684.80      685.30      685.48
                        684.59      685.16      685.31      688.17
                        684.65      685.24      685.33      688.41
                        684.66      685.25      685.34      707.90.

    SEC. 1374.\44\ INVESTIGATION OF FOREIGN TELECOMMUNICATIONS TRADE
                        BARRIERS.

        (a) In General.--The Trade Representative shall conduct an
    investigation to identify priority foreign countries. Such
    investigation shall be concluded by no later than the date that
    is 5 months after the date of enactment of this Act.
    ---------------------------------------------------------------------------
        \44\ 19 U.S.C. 3103.
    ---------------------------------------------------------------------------
      (b) Factors To Be Taken Into Account.--In identifying
    priority foreign countries under subsection (a), the Trade
    Representative shall take into account, among other relevant
    factors--
              (1) the nature and significance of the acts,
            policies, and practices that deny mutually advantageous
            market opportunities to telecommunications products and
            services of United States firms;
              (2) the economic benefits (actual and potential)
            accruing to foreign firms from open access to the
            United States market;
              (3) the potential size of the market of a foreign
            country for telecommunications products and services of
            United States firms;
              (4) the potential to increase United States exports
            of telecommunications products and services, either
            directly or through the establishment of a beneficial
            precedent; and
              (5) measurable progress being made to eliminate the
            objectionable acts, policies, or practices.
      (c) Revocations and Additional Identifications.--
              (1) The Trade Representative may at any time, after
            taking into account the factors described in subsection
            (b)--
                      (A) revoke the identification of any priority
                    foreign country that was made under this
                    section, or
                      (B) identify any foreign country as a
                    priority foreign country under this section,
            if information available to the Trade Representative
            indicates that such action is appropriate.
              (2) The Trade Representative shall include in the
            semiannual report submitted to the Congress under
            section 309(3) of the Trade Act of 1974 a detailed
            explanation of the reasons for the revocation under
            paragraph (1) of this subsection of any identification
            of any foreign country as a priority foreign country.
      (d) Report to Congress.--By no later than the date that is 30
    days after the date on which the investigation conducted under
    subsection (a) is completed, the United States Trade
    Representative shall submit a report on the investigation to
    the President and to appropriate committees of the Congress.

    SEC. 1375.\45\ NEGOTIATIONS IN RESPONSE TO INVESTIGATION.

        (a) In General.--Upon--
    ---------------------------------------------------------------------------
        \45\ 19 U.S.C. 3104.
    ---------------------------------------------------------------------------
              (1) the date that is 30 days after the date on which
            any foreign country is identified in the investigation
            conducted under section 1374(a) as a priority foreign
            country, and
              (2) the date on which any foreign country is
            identified under section 1374(c)(1)(B) as a priority
            foreign country,
    the President shall enter into negotiations with such priority
    foreign country for the purpose of entering into a bilateral or
    multilateral trade agreement under part 1 of subtitle A which
    meets the specific negotiating objectives established by the
    President under subsection (b) for such priority foreign
    country.
      (b) Establishment of Specific Negotiating Objectives for Each
    Foreign Priority Country.--
              (1) The President shall establish such relevant
            specific negotiating objectives on a country-by-country
            basis as are necessary to meet the general negotiating
            objectives of the United States under this section.
              (2)(A) The President may refine or modify specific
            negotiating objectives for particular negotiations in
            order to respond to circumstances arising during the
            negotiating period, including--
                      (i) changed practices by the priority foreign
                    country,
                      (ii) tangible substantive developments in
                    multilateral negotiations,
                      (iii) changes in competitive positions,
                    technological developments, or
                      (iv) other relevant factors.
              (B) By no later than the date that is 30 days after
            the date on which the President makes any modifications
            or refinements to specific negotiating objectives under
            subparagraph (A), the President shall submit to
            appropriate committees of the Congress a statement
            describing such modifications or refinements and the
            reasons for such modifications or refinements.
      (c) General Negotiating Objectives.--The general negotiating
    objectives of the United States under this section are--
              (1) to obtain multilateral or bilateral agreements
            (or the modification of existing agreements) that
            provide mutually advantageous market opportunities for
            trade in telecommunications products and services
            between the United States and foreign countries;
              (2) to correct the imbalances in market opportunities
            accruing from reductions in barriers to the access of
            telecommunications products and services of foreign
            firms to the United States market; and
              (3) to facilitate the increase in United States
            exports of telecommunications products and services to
            a level of exports that reflects the competitiveness of
            the United States telecommunications industry.
      (d) Specific Negotiating Objectives.--The specific
    negotiating objectives of the United States under this section
    regarding telecommunications products and services are to
    obtain--
              (1) national treatment for telecommunications
            products and services that are provided by United
            States firms;
              (2) most-favored-nation treatment for such products
            and services;
              (3) nondiscriminatory procurement policies with
            respect to such products and services and the inclusion
            under the Agreement on Government Procurement of the
            procurement (by sale or lease by government-owned or
            controlled entities) of all telecommunications products
            and services;
              (4) the reduction or elimination of customs duties on
            telecommunications products;
              (5) the elimination of subsidies, violations of
            intellectual property rights, and other unfair trade
            practices that distort international trade in
            telecommunications products and services;
              (6) the elimination of investment barriers that
            restrict the establishment of foreign-owned business
            entities which market such products and services;
              (7) assurances that any requirement for the
            registration of telecommunications products, which are
            to be located on customer premises, for the purposes
            of--
                      (A) attachment to a telecommunications
                    network in a foreign country, and
                      (B) the marketing of the products in a
                    foreign country,
            be limited to the certification by the manufacturer
            that the products meet the standards established by the
            foreign country for preventing harm to the network or
            network personnel;
              (8) transparency of, and open participation in, the
            standards-setting processes used in foreign countries
            with respect to telecommunications products;
              (9) the ability to have telecommunications products,
            which are to be located on customer premises, approved
            and registered by type, and, if appropriate, the
            establishment of procedures between the United States
            and foreign countries for the mutual recognition of
            type approvals;
              (10) access to the basic telecommunications network
            in foreign countries on reasonable and
            nondiscriminatory terms and conditions (including
            nondiscriminatory prices) for the provision of value-
            added services by United States suppliers;
              (11) the nondiscriminatory procurement of
            telecommunications products and services by foreign
            entities that provide local exchange telecommunications
            services which are owned, controlled, or, if
            appropriate, regulated by foreign governments; and
              (12) monitoring and effective dispute settlement
            mechanisms to facilitate compliance with matters
            referred to in the preceding paragraphs of this
            subsection.

    SEC. 1376.\46\ ACTIONS TO BE TAKEN IF NO AGREEMENT OBTAINED.

        (a) In General.--
    ---------------------------------------------------------------------------
        \46\ 19 U.S.C. 3105.
    ---------------------------------------------------------------------------
              (1) If the President is unable, before the close of
            the negotiating period, to enter into an agreement
            under subtitle A with any priority foreign country
            identified under section 1374 which achieves the
            general negotiating objectives described in section
            1375(b) as defined by the specific objectives
            established by the President for that country, the
            President shall take whatever actions authorized under
            subsection (b) that are appropriate and most likely to
            achieve such general negotiating objectives.
              (2) In taking actions under paragraph (1), the
            President shall first take those actions which most
            directly affect trade in telecommunications products
            and services with the priority foreign country referred
            to in paragraph (1), unless the President determines
            that actions against other economic sectors would be
            more effective in achieving the general negotiating
            objectives referred to in paragraph (1).
      (b) Actions Authorized.--
              (1) The President is authorized to take any of the
            following actions under subsection (a) with respect to
            any priority foreign country:
                      (A) termination, withdrawal, or suspension of
                    any portion of any trade agreement entered into
                    with such country under--
                              (i) the Trade Act of 1974,
                              (ii) section 201 of the Trade
                            Expansion Act of 1962, or
                              (iii) section 350 of the Tariff Act
                            of 1930,
                    with respect to any duty or import restriction
                    imposed by the United States on any
                    telecommunications product;
                      (B) actions described in section 301 of the
                    Trade Act of 1974;
                      (C) prohibition of purchases by the Federal
                    Government of telecommunications products of
                    such country;
                      (D) increases in domestic preferences under
                    title III of the Act of March 3, 1933 (41
                    U.S.C. 10a, et seq.) for purchases by the
                    Federal Government of telecommunications
                    products of such country;
                      (E) suspension of any waiver of domestic
                    preferences under title III of the Act of March
                    3, 1933 (41 U.S.C. 10a, et seq.) which may have
                    been extended to such country pursuant to the
                    Trade Agreements Act of 1979 with respect to
                    telecommunications products or any other
                    products;
                      (F) issuance of orders to appropriate
                    officers and employees of the Federal
                    Government to deny Federal funds or Federal
                    credits for purchases of the telecommunications
                    products of such country; and
                      (G) suspension, in whole or in part, of
                    benefits accorded articles of such country
                    under title V of the Trade Act of 1974 (19
                    U.S.C. 2461, et seq.).
              (2) Notwithstanding section 125 of the Trade Act of
            1974 and any other provision of law, if any portion of
            a trade agreement described in paragraph (1)(A) is
            terminated, withdrawn, or suspended under paragraph (1)
            with respect to any duty imposed by the United States
            on the products of a foreign country, the rate of such
            duty that shall apply to such products entered, or
            withdrawn from warehouse for consumption, after the
            date on which such termination, withdrawal, or
            suspension takes effect shall be a rate determined by
            the President.
      (c) Negotiating Period.--
              (1) For purposes of this section, the term
            ``negotiating period'' means--
                      (A) with respect to a priority foreign
                    country identified in the investigation
                    conducted under section 1374(a), the 18-month
                    period beginning on the date of the enactment
                    of this Act, and
                      (B) with respect to any foreign country
                    identified as a priority foreign country after
                    the conclusion of such investigation, the 1-
                    year period beginning on the date on which such
                    identification is made.
              (2)(A) The negotiating period with respect to a
            priority foreign country may be extended for not more
            than two 1-year periods.
              (B) By no later than the date that is 15 days after
            the date on which the President extends the negotiating
            period with respect to any priority foreign country,
            the President shall submit to appropriate committees of
            the Congress a report on the status of negotiations
            with such country that includes--
                      (i) a finding by the President that
                    substantial progress is being made in
                    negotiations with such country, and
                      (ii) a statement detailing the reasons why an
                    extension of such negotiating period is
                    necessary.
      (d) Modification and Termination Authority.--The President
    may modify or terminate any action taken under subsection (a)
    if, after taking into consideration the factors described in
    section 1374(b), the President determines that changed
    circumstances warrant such modification or termination.
      (e) Report.--The President shall promptly inform the
    appropriate committees of the Congress of any action taken
    under subsection (a) or of the modification or termination of
    any such action under subsection (d).

    SEC. 1377.\47\ REVIEW OF TRADE AGREEMENT IMPLEMENTATION BY TRADE
                        REPRESENTATIVE.

        (a) In General.--
    ---------------------------------------------------------------------------
        \47\ 19 U.S.C. 3106.
    ---------------------------------------------------------------------------
              (1) In conducting the annual analysis under section
            181(a) of the Trade Act of 1974 (19 U.S.C. 2241), the
            Trade Representative shall review the operation and
            effectiveness of--
                      (A) each trade agreement negotiated by reason
                    of this part that is in force with respect to
                    the United States; and
                      (B) every other trade agreement regarding
                    telecommunications products or services that is
                    in force with respect to the United States.
              (2) In each review conducted under paragraph (1), the
            Trade Representative shall determine whether any act,
            policy, or practice of the foreign country that has
            entered into the agreement described in paragraph (1)--
                      (A) is not in compliance with the terms of
                    such agreement, or
                      (B) otherwise denies, within the context of
                    the terms of such agreement, to
                    telecommunications products and services of
                    United States firms mutually advantageous
                    market opportunities in that foreign country.
      (b) Review Factors.--
              (1) In conducting reviews under subsection (a), the
            Trade Representative shall consider any evidence of
            actual patterns of trade (including United States
            exports to a foreign country of telecommunications
            products and services, including sales and services
            related to those products) 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 such products and services.
              (2) The Trade Representative shall consult with the
            United States International Trade Commission with
            regard to the actual patterns of trade described in
            paragraph (1).
      (c) Action in Response to Affirmative Determination.--
              (1) Any affirmative determination made by the Trade
            Representative under subsection (a)(2) with respect to
            any act, policy, or practice of a foreign country
            shall, for purposes of chapter 1 of title III of the
            Trade Act of 1974, be treated as an affirmative
            determination under section 304(a)(1)(A) of such Act
            that such act, policy, or practice violates a trade
            agreement.
              (2) In taking actions under section 301 by reason of
            paragraph (1), the Trade Representative shall first
            take those actions which most directly affect trade in
            telecommunications products and services with the
            priority foreign country referred to in paragraph (1),
            unless the Trade Representative determines that actions
            against other economic sectors would be more effective
            in achieving compliance by the foreign country with the
            trade agreement that is the subject of the affirmative
            determination made under subsection (a)(2).

    SEC. 1378.\48\ COMPENSATION AUTHORITY.

      If--
    ---------------------------------------------------------------------------
        \48\ 19 U.S.C. 3107.
    ---------------------------------------------------------------------------
              (1) the President has taken action under section
            1376(a) with respect to any foreign country, and
              (2) such action is found to be inconsistent with the
            international obligations of the United States,
            including the WTO Agreement and the multilateral trade
            agreements (as such terms are defined in paragraphs (9)
            and (4), respectively, of section 2 of the Uruguay
            Round Agreements Act),\49\
    ---------------------------------------------------------------------------
        \49\ Sec. 621(a)(6) of Public Law 103-465 (108 Stat. 4993) struck
    out ``the General Agreement on Tariffs and Trade'' and inserted in lieu
    thereof ``the WTO Agreement and the multilateral trade agreements (as
    such terms are defined in paragraphs (9) and (4), respectively, of
    section 2 of the Uruguay Round Agreements Act)''.
    ---------------------------------------------------------------------------
    the President may enter into trade agreements with such foreign
    country for the purpose of granting new concessions as
    compensation for such action in order to maintain the general
    level of reciprocal and mutually advantageous concessions.

    SEC. 1379.\50\ CONSULTATIONS.

        (a) Advice From Departments and Agencies.--Prior to taking
    any action under this part, the President shall seek
    information and advice from the interagency trade organization
    established under section 242(a) of the Trade Expansion Act of
    1962 (19 U.S.C. 1872).
    ---------------------------------------------------------------------------
        \50\ 19 U.S.C. 3108.
    ---------------------------------------------------------------------------
      (b) Advice From the Private Sector.--Before--
              (1) the Trade Representative concludes the
            investigation conducted under section 1374(a) or takes
            action under section 1374(c),
              (2) the President establishes specific negotiating
            objectives under section 1375(b) with respect to any
            foreign country, or
              (3) the President takes action under section 1376,
    the Trade Representative shall provide an opportunity for the
    presentation of views by any interested party with respect to
    such investigation, objectives, or action, including
    appropriate committees established pursuant to section 135 of
    the Trade Act of 1974 (19 U.S.C. 2155).
      (c) Consultations With Congress and Official Advisors.--For
    purposes of conducting negotiations under section 1375(a), the
    Trade Representative shall keep appropriate committees of the
    Congress, as well as appropriate committees established
    pursuant to section 135 of the Trade Act of 1974, currently
    informed with respect to--
              (1) the negotiating priorities and objectives for
            each priority foreign country;
              (2) the assessment of negotiating prospects, both
            bilateral and multilateral; and
              (3) any United States concessions which might be
            included in negotiations to achieve the objectives
            described in subsections (c) and (d) of section 1375.
      (d) Modification of Specific Negotiating Objectives.--Before
    the President takes any action under section 1375(b)(2)(A) to
    refine or modify specific negotiating objectives, the President
    shall consult with the Congress and with members of the
    industry, and representatives of labor, affected by the
    proposed refinement or modification.

    SEC. 1380.\51\ SUBMISSION OF DATA; ACTION TO ENSURE COMPLIANCE.

        (a) Submission of Data.--The Federal Communications
    Commission (hereafter in this section referred to as the
    ``Commission'') shall periodically submit to appropriate
    committees of the House of Representatives and of the Senate
    any data collected and otherwise made public under Report No.
    DC-1105, ``Information Reporting Requirements Established for
    Common Carriers'', adopted February 25, 1988, relating to FCC
    Docket No. 86-494, adopted December 23, 1987.
    ---------------------------------------------------------------------------
        \51\ 19 U.S.C. 3109.
    ---------------------------------------------------------------------------
      (b) Action to Ensure Compliance.--
              (1)(A) Any product of a foreign country that is
            subject to registration or approval by the Commission
            may be entered only if--
                      (i) such product conforms with all applicable
                    rules and regulations of the Commission, and
                      (ii) the information which is required on
                    Federal Communications Commission Form 740 on
                    the date of enactment of this Act is provided
                    to the appropriate customs officer at the time
                    of such entry in such form and manner as the
                    Secretary of the Treasury may prescribe.
              (B) For purposes of this paragraph, the term
            ``entered'' means entered, or withdrawn from warehouse
            for consumption, in the customs territory of the United
            States.
              (2) The Commission, the Secretary of Commerce, and
            the Trade Representative shall provide such assistance
            in the enforcement of paragraph (1) as the Secretary of
            the Treasury may request.
              (3) The Secretary of the Treasury shall compile the
            information collected under paragraph (1)(A)(ii) into a
            summary and shall annually submit such summary to the
            Congress until the authority to negotiate trade
            agreements under part 1 of subtitle A expires. Such
            information shall also be made available to the public.

    SEC. 1381.\52\ STUDY ON TELECOMMUNICATIONS COMPETITIVENESS IN THE
                        UNITED STATES.

        (a) In General.--The Secretary of Commerce, in consultation
    with the Federal Communications Commission and the United
    States Trade Representative, shall conduct a study of the
    competitiveness of the United States telecommunications
    industry and the effects of foreign telecommunications policies
    and practices on such industry in order to assist the Congress
    and the President in determining what actions might be
    necessary to preserve the competitiveness of the United States
    telecommunications industry.
    ---------------------------------------------------------------------------
        \52\ 19 U.S.C. 3110.
    ---------------------------------------------------------------------------
      (b) Public Comment.--The Secretary of Commerce may, as
    appropriate, provide notice and reasonable opportunity for
    public comment as part of the study conducted under subsection
    (a).
      (c) Report.--The Secretary of Commerce shall, by no later
    than the date that is 1 year after the date of enactment of
    this Act, submit to the Congress and the President a report on
    the findings and recommendations reached by the Secretary of
    Commerce as a result of the study conducted under subsection
    (a). Such report shall be referred to the appropriate
    committees of the House of Representatives and of the Senate.

    SEC. 1382.\53\ INTERNATIONAL OBLIGATIONS.

      Nothing in this part may be construed to require actions
    inconsistent with the international obligations of the United
    States, including the WTO Agreement and the multilateral trade
    agreements (as such terms are defined in paragraphs (9) and
    (4), respectively, of section 2 of the Uruguay Round Agreements
    Act).\54\
    ---------------------------------------------------------------------------
        \53\ 19 U.S.C. 3111.
        \54\ Sec. 621(a)(7) of Public Law 103-465 (108 Stat. 4993) struck
    out ``the General Agreement on Tariffs and Trade'' and inserted in lieu
    thereof ``the WTO Agreement and the multilateral trade agreements (as
    such terms are defined in paragraphs (9) and (4), respectively, of
    section 2 of the Uruguay Round Agreements Act)''.
    ---------------------------------------------------------------------------

                  Subtitle D--Adjustment to Import Competition

              * * * * * * *

                      part 3--trade adjustment assistance

              * * * * * * *

    SEC. 1428.\55\ IMPOSITION OF SMALL UNIFORM FEE ON ALL IMPORTS.

      (a) Negotiations.--
    ---------------------------------------------------------------------------
        \55\ 19 U.S.C. 2397 note.
    ---------------------------------------------------------------------------
              (1) The President shall--
                      (A) undertake negotiations necessary to
                    achieve changes in the General Agreement on
                    Tariffs and Trade that would allow any country
                    to impose a small uniform fee of not more than
                    0.15 percent on all imports to such country for
                    the purpose of using the revenue from such fee
                    to fund programs which directly assist
                    adjustment to import competition, and
                      (B) undertake negotiations with any foreign
                    country that has entered into a free trade
                    agreement with the United States under subtitle
                    A or under section 102 of the Trade Act of 1974
                    to obtain the consent of such country to the
                    imposition of such a fee by the United States.
              (2) In the report that is submitted under section 163
            of the Trade Act of 1974 for 1989 and 1990, the
            President shall include a statement on the progress of
            negotiations conducted under paragraph (1).
              (3)(A) On the first day after the date of enactment
            of this Act on which the General Agreement on Tariffs
            and Trade allows any country to impose a fee described
            in paragraph (1), the President shall submit to the
            Congress, and publish in the Federal Register, a
            written statement certifying such allowance.
              (B) On the first day after the date of enactment of
            this Act on which any foreign country described in
            paragraph (1)(B) consents to the imposition of such a
            fee by the United States, the President shall submit to
            the Congress, and publish in the Federal Register, a
            written statement certifying such consent.
              (4) If--
                      (A) the President does not submit to the
                    Congress the written statement described in
                    paragraph (3)(A) before the date that is 2
                    years after the date of enactment of this Act,
                    and
                      (B) the President determines on such date
                    that the fee imposed by the amendment made by
                    subsection (b) is not in the national economic
                    interest,
            the President shall submit to the Congress, and publish
            in the Federal Register, written notice of such
            determination on such date.\56\
    ---------------------------------------------------------------------------
        \56\ In Presidential Determination No. 90-34 of August 23, 1990 (55
    F.R. 34889), directed to the U.S. Trade Representative, the President
    determined ``that it is not in the national economic interest to impose
    the fee described under subsection (b)''.
    ---------------------------------------------------------------------------
              (5)(A) Any disapproval resolution that is introduced
            in the Senate or House of Representatives within the
            90-day period beginning on the date that is 2 years
            after the date of enactment of this Act shall, for
            purposes of section 152 of the Trade Act of 1974 (19
            U.S.C. 2192), be treated as a joint resolution
            described in section 152(a)(1)(A) of such Act.
              (B) For purposes of this part, the term ``disapproval
            resolution'' means a joint resolution of the two Houses
            of the Congress, the matter after the resolving clause
            of which is as follows: ``That the Congress disapproves
            of the determination made by the President under
            section 1428(a)(4)(A) of the Omnibus Trade and
            Competitiveness Act of 1988.''.
      (b) * * *

    SEC. 1429. STUDY OF CERTIFICATION METHODS.

      (a) In General.--The Secretary of Labor, in consultation with
    the Secretary of Commerce, shall conduct a study of the methods
    (including, but not limited to, industry-wide certification)
    that could be used to expedite the certification of workers
    under subchapter A of chapter 2 of title II of the Trade Act of
    1974.
      (b) Report.--By no later than the date that is 6 months after
    the date of enactment of this Act, the Secretary of Labor shall
    submit to the Congress a report on the study conducted under
    subsection (a). The report shall include the recommendations of
    the Secretary of Labor regarding the methods that are the
    subject of the study conducted under subsection (a).

    SEC. 1430.\57\ EFFECTIVE DATES.

      (a) In General.--Except as otherwise provided by this
    section, the amendments made by this part shall take effect on
    the date of enactment of this Act.
    ---------------------------------------------------------------------------
        \57\ 19 U.S.C. 2397 note.
    ---------------------------------------------------------------------------
      (b) Additional Fee.--
              (1) Except as otherwise provided in this subsection,
            the amendment made by section 1428(b) shall apply (if
            at all) to any article entered, or withdrawn from
            warehouse for consumption, after the date that is 30
            days after the earlier of--
                      (A) the date on which the President submits
                    to the Congress the written statement described
                    in section 1428(a)(3)(A),
                      (B) the date that is 2 years after the date
                    of enactment of this Act, or
                      (C) the date of the enactment of a
                    disapproval resolution that passes both Houses
                    of the Congress within the 90-day period
                    beginning on the date that is 2 years after the
                    date of enactment of this Act.
              (2) If the President determines on the date that is 2
            years after the date of enactment of this Act that the
            fee imposed by the amendment made by section 1428(b) is
            not in the national economic interest, subparagraph (B)
            of paragraph (1) shall not be taken into account in
            applying the provisions of paragraph (1).
              (3) The amendment made by section 1428(b) shall apply
            (if at all) to the products of any foreign country
            described in section 1428(a)(1)(B) that are entered, or
            withdrawn from warehouse for consumption, after the
            later of--
                      (A) the first date on which the fee imposed
                    by such amendment applies with respect to
                    products of foreign countries that are not
                    described in section 1428(a)(1)(B), or
                      (B) the date on which the President submits
                    to the Congress the written statement described
                    in section 1428(a)(3)(B) certifying the consent
                    of such foreign country to the imposition of
                    the fee.
      (c) Trust Fund.--The amendments made by section 1427 shall
    take effect on the first date on which the amendment made by
    section 1428(b) applies with respect to any articles.
      (d) Eligibility of Workers and Firms.--The amendments made by
    sections 1421(b) and 1424(b) shall take effect on the date that
    is 1 year after the first date on which the amendment made by
    section 1428(b) applies with respect to any articles.
      (e) Notification Requirements.--The amendments made by
    section 1422 shall take effect on the date that is 30 days
    after the date of enactment of this Act.
      (f) Training Requirement.--The amendments made by subsections
    (a), (b)(2), and (c)(2) of section 1423 and by paragraphs (2)
    and (3) of section 1424(c) shall take effect on the date that
    is 90 days after the date of enactment of this Act.
      (g) Limitation on Period for Which Trade Readjustment
    Allowances May Be Made.--The amendment made by section 1425(a)
    shall not apply \58\ with respect to any total separation of a
    worker from adversely affected employment (within the meaning
    of section 247 of such Act) that occurs before the date of
    enactment of this Act if the application of such amendment with
    respect to such total separation would reduce the period for
    which such worker would (but for such amendment) be allowed to
    receive trade readjustment allowances under part I of
    subchapter B of chapter 2 of title II of the Trade Act of 1974.
    ---------------------------------------------------------------------------
        \58\ Sec. 9001(a)(21) of the Technical and Miscellaneous Revenue
    Act of 1988 (Public Law 100-647; 102 Stat. 3342) struck out ``to'' at
    this point.
    ---------------------------------------------------------------------------

                         Subtitle E--National Security

    SEC. 1501. IMPORTS THAT THREATEN NATIONAL SECURITY.

      (a) * * *
      (b) * * *
      (c) Enforcement of Machine Tool Import Arrangements.--
              (1) The Secretary of Commerce is authorized to
            request the Secretary of the Treasury to carry out such
            actions as may be necessary or appropriate to ensure
            the attainment of the objectives of the machine tool
            decision of the President on May 20, 1986, and to
            enforce any quantitative limitation, restriction, or
            other terms contained in related bilateral
            arrangements. Such actions may include, but are not
            limited to, requirements that valid export licenses or
            other documentation issued by a foreign government be
            presented as a condition for the entry into the United
            States of assembled and unassembled machine tool
            products.
              (2) For purposes of this subsection, the term
            ``related bilateral arrangement'' means any
            arrangement, agreement, or understanding entered into
            or undertaken, or previously entered into or
            undertaken, by the United States and any foreign
            country or customs union containing such quantitative
            limitations, restrictions, or other terms relating to
            the importation into, or exportation to, the United
            States of categories of assembled and unassembled
            machine tool products as may be necessary to implement
            such machine tool decision of May 20, 1986.
      (d) \59\ Application of Amendments.--
    ---------------------------------------------------------------------------
        \59\ 19 U.S.C. 1862 note.
    ---------------------------------------------------------------------------
              (1) Except as otherwise provided under this
            subsection, the amendments made by this section shall
            apply with respect to investigations initiated under
            section 232(b) of the Trade Expansion Act of 1962 on or
            after the date of enactment of this Act.
              (2) The provisions of subsection (c) of section 232
            of the Trade Expansion Act of 1962, as amended by this
            section, shall apply with respect to any report
            submitted by the Secretary of Commerce to the President
            under section 232(b) of such Act after the date of
            enactment of this Act.
              (3) By no later than the date that is 90 days after
            the date of enactment of this Act, the President shall
            make the determinations described in section
            232(c)(1)(A) of the Trade Expansion Act of 1962, as
            amended by this section, with respect to any report--
                      (A) which was submitted by the Secretary of
                    Commerce to the President under section 232(b)
                    of such Act before the date of enactment of
                    this Act, and
                      (B) with respect to which no action has been
                    taken by the President before the date of
                    enactment of this Act.
              * * * * * * *

         Subtitle H--Miscellaneous Customs, Trade, and Other Provisions

                           part 1--customs provisions

              * * * * * * *

    SEC. 1906.\60\ * * * [REPEALED--1993]
    ---------------------------------------------------------------------------

        \60\ Formerly at 19 U.S.C. 1307 note. Stated a sense of the
    Congress requesting the President to instruct the Secretary of the
    Treasury to enforce sec. 307 of the Tariff Act of 1930 (relating to the
    importation of goods produced by forced labor) without delay.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1908.\61\ DUTY-FREE SALES ENTERPRISES.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \61\ 19 U.S.C. 1555 note.
    ---------------------------------------------------------------------------
              (1) duty-free sales enterprises play a significant
            role in attracting international passengers to the
            United States and thereby their operations favorably
            affect our balance of payments;
              (2) concession fees derived from the operations of
            authorized duty-free sales enterprises constitute an
            important source of revenue for the State, local and
            other governmental authorities that collect such fees;
              (3) there is inadequate statutory and regulatory
            recognition of, and guidelines for the operation of,
            duty-free sales enterprises; and
              (4) there is a need to encourage uniformity and
            consistency of regulation of duty-free sales
            enterprises.
      (b) * * *
      (c) * * *

    SEC. 1909.\62\ CARIBBEAN BASIN INITIATIVE.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \62\ 19 U.S.C. 2702 note.
    ---------------------------------------------------------------------------
              (1) Caribbean and Central American countries
            historically have had close economic, political, and
            cultural ties to the United States;
              (2) promoting economic and political stability in the
            Caribbean and Central America is in the national
            security interests of the United States;
              (3) the economic and political stability of the
            nations of the Caribbean and Central America can be
            strengthened significantly by the attraction of foreign
            and domestic investment specifically devoted to
            employment generation; and
              (4) the diversification of the economies and
            expansion of exports, particularly those of a non-
            traditional nature, of the nations of the Caribbean and
            Central America is linked directly to fair access to
            the markets of the United States.
      (b) Intent of the Congress.--The Congress hereby expresses
    its intention to ensure that--
              (1) the trade elements of the Caribbean Basin
            Initiative be strengthened in a manner consistent with
            the promotion of economic and political stability in
            the Caribbean and Central America;
              (2) to the extent that Congress imposes changes that
            are intended to improve the competitive environment for
            United States industry and workers, such changes do not
            unduly affect the unilateral duty-free trade system
            available to the beneficiary countries designated under
            the Caribbean Basin Economic Recovery Act; and
              (3) generic changes in the trade laws of the United
            States do not discriminate against imports from
            designated beneficiary countries in relation to imports
            from other United States trading partners.
      (c) * * *

    SEC. 1910. ETHYL ALCOHOL AND MIXTURES FOR FUEL USE.

      (a) * * *
      (b) Studies.--
              (1) The United States International Trade Commission
            and the Comptroller General of the United States shall
            each immediately undertake a study regarding whether
            the definition of indigenous ethyl alcohol or mixtures
            thereof used in applying section 423 of the Tax Reform
            Act of 1986 is consistent with, and will contribute to
            the achievement of, the stated policy of Congress to
            encourage the economic development of the beneficiary
            countries under the Caribbean Basin Economic Recovery
            Act and the insular possessions of the United States
            through the maximum utilization of the natural
            resources of those countries and possessions. Each
            study shall specifically include--
                      (A) an assessment regarding whether the
                    indigenous product percentage requirements set
                    forth in subsection (c)(2)(B) of such section
                    423 are economically feasible for ethyl alcohol
                    producers; and
                      (B) if the assessment under subparagraph (A)
                    is negative, recommended modifications to the
                    indigenous product percentage requirements
                    that--
                              (i) will ensure meaningful production
                            and employment in the region,
                              (ii) will discourage pass-through
                            operations, and
                              (iii) will not result in harm to
                            producers of ethyl alcohol, or mixtures
                            thereof, in the United States; and
                      (C) an assessment of the effects of imports
                    of ethyl alcohol, and mixtures thereof, from
                    such beneficiary countries and possessions on
                    producers of ethyl alcohol, and mixtures
                    thereof, in the United States.
              (2) The United States International Trade Commission
            and the Comptroller General of the United States shall
            each submit a report containing the findings and
            conclusions of the study carried out under this
            subsection to the Committee on Ways and Means of the
            House of Representatives and the Committee on Finance
            of the Senate before the 180th day after the date of
            the enactment of this Act.

    SEC. 1911. ENFORCEMENT OF RESTRICTIONS ON IMPORTS FROM CUBA.

      The United States Trade Representative shall request that all
    relevant agencies prepare appropriate recommendations for
    improving the enforcement of restrictions on the importation of
    articles from Cuba. Such recommendations should include, but
    not be limited to, appropriate measures to prevent indirect
    shipments or other means of circumvention. The United States
    Trade Representative shall, after considering such
    recommendations, report to the Congress, within 90 days after
    the date of enactment of this Act, on any administrative
    measures or proposed legislation which the United States Trade
    Representative considers necessary and appropriate to enforce
    restrictions on imports from Cuba.
              * * * * * * *

                     part 2--miscellaneous trade provisions

              * * * * * * *

    SEC. 1933. COAL EXPORTS TO JAPAN.

      It is the sense of the Congress that--
              (1) the objectives of the November 1983 Joint Policy
            Statement on Energy Cooperation, as it relates to
            United States exports of coal to Japan, have not been
            achieved;
              (2) the President should seek to establish
            reciprocity with Japan with respect to metallurgical
            coal exports and steel product imports and should
            encourage increased purchases by Japan of United States
            steam coal;
              (3) the President should direct the United States
            Trade Representative, in negotiating a Steel Trade
            Arrangement with Japan, to take into consideration,
            consistent with the President's steel program, the
            amount of coal that Japan purchases from the United
            States in determining the level of steel, semi-finished
            steel and fabricated structured steel products that can
            be imported into the United States; and
              (4) the President should report to the Congress by
            November 1, 1988 regarding the results of the outcome
            of any negotiation undertaken in response to this
            section.

    SEC. 1934. PURCHASES OF UNITED STATES-MADE AUTOMOTIVE PARTS BY JAPAN.

      (a) Findings.--The Congress finds that--
              (1) the United States merchandise trade deficit
            reached the unprecedented level of $170,000,000,000 in
            1986;
              (2) the United States trade deficit with Japan, which
            reached $59,000,000,000 in 1986, accounted for
            approximately one-third of the total deficit;
              (3) approximately one-half of the United States trade
            deficit with Japan was in motor vehicles and equipment;
              (4) while Japanese automobile firms based in Japan
            produced 7,800,000 passenger cars in 1986 and exported
            2,300,000 cars to the United States, United States
            exports of auto parts to Japan were only about
            $300,000,000 in 1986;
              (5) United States automotive parts producers meet
            increasingly rigorous requirements for quality, just-
            in-time supply, and competitive pricing in the United
            States market; and
              (6) the market-oriented sector specific (MOSS) talks
            on auto parts are aimed at overcoming substantial
            market access barriers and increasing the access of
            United States auto parts producers to the original and
            replacement parts market represented by Japanese
            automobiles produced in Japan, the United States, and
            third countries.
      (b) Sense of Congress.--The Congress--
              (1) strongly supports efforts being made by United
            States negotiators to expand significantly the
            opportunities for United States automotive parts
            producers to supply original and replacement parts for
            Japanese automobiles, wherever those automobiles may be
            produced; and
              (2) determines that success of the MOSS talks will be
            measured by a significant increase in sales by United
            States auto parts companies to Japanese vehicle
            companies and the initiation of long-term sourcing
            relationships between such companies.
      (c) Report on Outcome.--The United States Trade
    Representative and the Secretary of Commerce shall report to
    Congress at the conclusion of the MOSS talks on the outcome of
    the talks and on any agreements reached with Japan with respect
    to purchases by Japanese firms of United States automotive
    parts.

    SEC. 1935. EFFECT OF IMPORTS ON CRUDE OIL PRODUCTION AND REFINING
                        CAPACITY IN THE UNITED STATES.

      The Secretary of Energy shall send to the Secretary of
    Commerce the results of the study conducted under section 3102
    of the Omnibus Budget Reconciliation Act of 1986. Within 180
    days of the receipt of the results of such study, the Secretary
    of Commerce shall report to the President and the Congress
    recommendations for actions which may be appropriate to address
    any impact of imports of crude oil and petroleum products on
    domestic crude oil exploration and production and the domestic
    petroleum refining capacity.

    SEC. 1936. STUDY OF TRADE BARRIERS ESTABLISHED BY AUTO PRODUCING
                        COUNTRIES TO AUTO IMPORTS AND THE IMPACT ON THE
                        UNITED STATES MARKET.

      (a) Study.--The United States Trade Representative shall
    conduct a study of formal and informal barriers which auto
    producing countries have established toward automobile imports
    and the impact of such barriers on diverting automobile imports
    into the United States. The study shall consider the impact of
    such barriers on automobile imports into the United States in
    the presence of, and in the absence of, voluntary restraint
    agreements between the United States and Japan.
      (b) Report.--The United States Trade Representative shall
    include the findings of the study conducted under subsection
    (a) in the first report that is submitted under section 181(b)
    of the Trade Act of 1974 (19 U.S.C. 2241) after the date of
    enactment of this Act.

    SEC. 1937. LAMB MEAT IMPORTS.

      Within 15 days after the date of the enactment of this Act,
    the United States International Trade Commission, pursuant to
    section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)),
    shall monitor and investigate for a period of 2 years the
    importation into the United States of articles provided for in
    item 106.30 of the Tariff Schedules of the United States (19
    U.S.C. 1202) (relating to fresh, chilled, and frozen lamb
    meat). For purposes of any request made under subsection (d) of
    section 202 of the Trade Act of 1974 (as amended by section
    1401 of this Act) within such 2-year period for provisional
    relief with respect to imports of such articles, the monitoring
    and investigation required under this section shall be treated
    as having been requested by the United States Trade
    Representative under paragraph (1)(B) of such subsection.
              * * * * * * *

                       TITLE II--EXPORT ENHANCEMENT \63\

              * * * * * * *
    ---------------------------------------------------------------------------
        \63\ Title II, the Export Enhancement Act of 1988 (Public Law 100-
    418; 102 Stat. 1325), is found in this volume on page 1280.
    ---------------------------------------------------------------------------

                   TITLE III--INTERNATIONAL FINANCIAL POLICY

         Subtitle A--Exchange Rates and International Economic Policy
                                  Coordination

    SEC. 3001.\64\ SHORT TITLE.

      This subtitle may be cited as the ``Exchange Rates and
    International Economic Policy Coordination Act of 1988''.
    ---------------------------------------------------------------------------
        \64\ 22 U.S.C. 5301.
    ---------------------------------------------------------------------------

    SEC. 3002.\65\ FINDINGS.

      The Congress finds that--
    ---------------------------------------------------------------------------
        \65\ 22 U.S.C. 5302.
    ---------------------------------------------------------------------------
              (1) the macroeconomic policies, including the
            exchange rate policies, of the leading industrialized
            nations require improved coordination and are not
            consistent with long-term economic growth and financial
            stability;
              (2) currency values have a major role in determining
            the patterns of production and trade in the world
            economy;
              (3) the rise in the value of the dollar in the early
            1980's contributed substantially to our current trade
            deficit;
              (4) exchange rates among major trading nations have
            become increasingly volatile and a pattern of exchange
            rates has at times developed which contribute to
            substantial and persistent imbalances in the flow of
            goods and services between nations, imposing serious
            strains on the world trading system and frustrating
            both business and government planning;
              (5) capital flows between nations have become very
            large compared to trade flows, respond at times quickly
            and dramatically to policy and economic changes, and,
            for these reasons, contribute significantly to
            uncertainty in financial markets, the volatility of
            exchange rates, and the development of exchange rates
            which produce imbalances in the flow of goods and
            services between nations;
              (6) policy initiatives by some major trading nations
            that manipulate the value of their currencies in
            relation to the United States dollar to gain
            competitive advantage continue to create serious
            competitive problems for United States industries;
              (7) a more stable exchange rate for the dollar at a
            level consistent with a more appropriate and
            sustainable balance in the United States current
            account should be a major focus of national economic
            policy;
              (8) procedures for improving the coordination of
            macroeconomic policy need to be strengthened
            considerably; and
              (9) under appropriate circumstances, intervention by
            the United States in foreign exchange markets as part
            of a coordinated international strategic intervention
            effort could produce more orderly adjustment of foreign
            exchange markets and, in combination with necessary
            macroeconomic policy changes, assist adjustment toward
            a more appropriate and sustainable balance in current
            accounts.

    SEC. 3003.\66\ STATEMENT OF POLICY.

      It is the policy of the United States that--
    ---------------------------------------------------------------------------
        \66\ 22 U.S.C. 5303.
    ---------------------------------------------------------------------------
              (1) the United States and the other major
            industrialized countries should take steps to continue
            the process of coordinating monetary, fiscal, and
            structural policies initiated in the Plaza Agreement of
            September 1985;
              (2) the goal of the United States in international
            economic negotiations should be to achieve
            macroeconomic policies and exchange rates consistent
            with more appropriate and sustainable balances in trade
            and capital flows and to foster price stability in
            conjunction with economic growth;
              (3) the United States, in close coordination with the
            other major industrialized countries should, where
            appropriate, participate in international currency
            markets with the objective of producing more orderly
            adjustment of foreign exchange markets and, in
            combination with necessary macroeconomic policy
            changes, assisting adjustment toward a more appropriate
            and sustainable balance in current accounts; and
              (4) the accountability of the President for the
            impact of economic policies and exchange rates on trade
            competitiveness should be increased.

    SEC. 3004.\67\ INTERNATIONAL NEGOTIATIONS ON EXCHANGE RATE AND ECONOMIC
                        POLICIES.

      (a) Multilateral Negotiations.--The President shall seek to
    confer and negotiate with other countries--
    ---------------------------------------------------------------------------
        \67\ 22 U.S.C. 5304.
    ---------------------------------------------------------------------------
              (1) to achieve--
                      (A) better coordination of macroeconomic
                    policies of the major industrialized nations;
                    and
                      (B) more appropriate and sustainable levels
                    of trade and current account balances, and
                    exchange rates of the dollar and other
                    currencies consistent with such balances; and
              (2) to develop a program for improving existing
            mechanisms for coordination and improving the
            functioning of the exchange rate system to provide for
            long-term exchange rate stability consistent with more
            appropriate and sustainable current account balances.
      (b) Bilateral Negotiations.--The Secretary of the Treasury
    shall analyze on an annual basis the exchange rate policies of
    foreign countries, in consultation with the International
    Monetary Fund, and consider whether countries manipulate the
    rate of exchange between their currency and the United States
    dollar for purposes of preventing effective balance of payments
    adjustments or gaining unfair competitive advantage in
    international trade. If the Secretary considers that such
    manipulation is occurring with respect to countries that (1)
    have material global current account surpluses; and (2) have
    significant bilateral trade surpluses with the United States,
    the Secretary of the Treasury shall take action to initiate
    negotiations with such foreign countries on an expedited basis,
    in the International Monetary Fund or bilaterally, for the
    purpose of ensuring that such countries regularly and promptly
    adjust the rate of exchange between their currencies and the
    United States dollar to permit effective balance of payments
    adjustments and to eliminate the unfair advantage. The
    Secretary shall not be required to initiate negotiations in
    cases where such negotiations would have a serious detrimental
    impact on vital national economic and security interests; in
    such cases, the Secretary shall inform the chairman and the
    ranking minority member of the Committee on Banking, Housing,
    and Urban Affairs of the Senate and of the Committee on
    Banking, Finance and Urban Affairs \68\ of the House of
    Representatives of his determination.
    ---------------------------------------------------------------------------
        \68\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives should be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------

    SEC. 3005.\69\ REPORTING REQUIREMENTS.

      (a) Reports Required.--In furtherance of the purpose of this
    title, the Secretary, after consultation with the Chairman of
    the Board, shall submit to the Committee on Banking, Finance
    and Urban Affairs \68\ of the House of Representatives and the
    Committee on Banking, Housing, and Urban Affairs of the Senate,
    on or before October 15 of each year, a written report on
    international economic policy, including exchange rate policy.
    The Secretary shall provide a written update of developments
    six months after the initial report. In addition, the Secretary
    shall appear, if requested, before both committees to provide
    testimony on these reports.
    ---------------------------------------------------------------------------
        \69\ 22 U.S.C. 5305.
    ---------------------------------------------------------------------------
      (b) Contents of Report.--Each report submitted under
    subsection (a) shall contain--
              (1) an analysis of currency market developments and
            the relationship between the United States dollar and
            the currencies of our major trade competitors;
              (2) an evaluation of the factors in the United States
            and other economies that underlie conditions in the
            currency markets, including developments in bilateral
            trade and capital flows;
              (3) a description of currency intervention or other
            actions undertaken to adjust the actual exchange rate
            of the dollar;
              (4) an assessment of the impact of the exchange rate
            of the United States dollar on--
                      (A) the ability of the United States to
                    maintain a more appropriate and sustainable
                    balance in its current account and merchandise
                    trade account;
                      (B) production, employment, and
                    noninflationary growth in the United States;
                      (C) the international competitive performance
                    of United States industries and the external
                    indebtedness of the United States;
              (5) recommendations for any changes necessary in
            United States economic policy to attain a more
            appropriate and sustainable balance in the current
            account;
              (6) the results of negotiations conducted pursuant to
            section 3004;
              (7) key issues in United States policies arising from
            the most recent consultation requested by the
            International Monetary Fund under article IV of the
            Fund's Articles of Agreement; and
              (8) a report on the size and composition of
            international capital flows, and the factors
            contributing to such flows, including, where possible,
            an assessment of the impact of such flows on exchange
            rates and trade flows.
      (c) * * *

    SEC. 3006.\70\ DEFINITIONS.

      As used in this subtitle:
    ---------------------------------------------------------------------------
        \70\ 22 U.S.C. 5306.
    ---------------------------------------------------------------------------
              (1) Secretary.--The term ``Secretary'' means the
            Secretary of the Treasury.
              (2) Board.--The term ``Board'' means the Board of
            Governors of the Federal Reserve System.

                         Subtitle B--International Debt

              part i--findings, purposes, and statement of policy

    SEC. 3101.\71\ SHORT TITLE.

      This subtitle may be cited as the ``International Debt
    Management Act of 1988''.
    ---------------------------------------------------------------------------
        \71\ 22 U.S.C. 5321.
    ---------------------------------------------------------------------------

    SEC. 3102.\72\ FINDINGS.

      The Congress finds that--
    ---------------------------------------------------------------------------
        \72\ 22 U.S.C. 5322.
    ---------------------------------------------------------------------------
              (1) the international debt problem threatens the
            safety and soundness of the international financial
            system, the stability of the international trading
            system, and the economic development of the debtor
            countries;
              (2) orderly reduction of international trade
            imbalances requires very substantial growth in all
            parts of the world economy, particularly in the
            developing countries;
              (3) growth in developing countries with substantial
            external debts has been significantly constrained over
            the last several years by a combination of high debt
            service obligations and insufficient new flows of
            financial resources to these countries;
              (4) substantial interest payment outflows from debtor
            countries, combined with inadequate net new capital
            inflows, have produced a significant net transfer of
            financial resources from debtor to creditor countries;
              (5) negative resource transfers at present levels
            severely depress both investment and growth in the
            debtor countries, and force debtor countries to reduce
            imports and expand exports in order to meet their debt
            service obligations;
              (6) current adjustment policies in debtor countries,
            which depress domestic demand and increase production
            for export, help to depress world commodity prices and
            limit the growth of export markets for United States
            industries;
              (7) the United States has borne a disproportionate
            share of the burden of absorbing increased exports from
            debtor countries, while other industrialized countries
            have increased their imports from developing countries
            only slightly;
              (8) current approaches to the debt problem should not
            rely solely on new lending as a solution to the debt
            problem, and should focus on other financing
            alternatives including a reduction in current debt
            service obligations;
              (9) new international mechanisms to improve the
            management of the debt problem and to expand the range
            of financing options available to developing countries
            should be explored; and
              (10) industrial countries with strong current account
            surpluses have a disproportionate share of the world's
            capital resources, and bear an additional
            responsibility for contributing to a viable long-term
            solution to the debt problem.

    SEC. 3103.\73\ PURPOSES.

      The purposes of this subtitle are--
    ---------------------------------------------------------------------------
        \73\ 22 U.S.C. 5323.
    ---------------------------------------------------------------------------
              (1) to expand the world trading system and raise the
            level of exports from the United States to the
            developing countries in order to reduce the United
            States trade deficit and foster economic expansion and
            an increase in the standard of living throughout the
            world;
              (2) to alleviate the current international debt
            problem in order to make the debt situation of
            developing countries more manageable and permit the
            resumption of sustained growth in those countries; and
              (3) to increase the stability of the world financial
            system and ensure the safety and soundness of United
            States depository institutions.

    SEC. 3104.\74\ STATEMENT OF POLICY.

      It is the policy of the United States that--
    ---------------------------------------------------------------------------
        \74\ 22 U.S.C. 5324.
    ---------------------------------------------------------------------------
              (1) increasing growth in the developing world is a
            major goal of international economic policy;
              (2) it is necessary to broaden the range of options
            in dealing with the debt problem to include improved
            mechanisms to restructure existing debt;
              (3) active consideration of a new multilateral
            authority to improve the management of the debt problem
            and to share the burdens of adjustment more equitably
            must be undertaken; and
              (4) countries with strong current account surpluses
            bear a major responsibility for providing the financial
            resources needed for growth in the developing world.

              PART II--THE INTERNATIONAL DEBT MANAGEMENT AUTHORITY

    SEC. 3111.\75\ INTERNATIONAL INITIATIVE.

      (a) Directive.--
    ---------------------------------------------------------------------------
        \75\ 22 U.S.C. 5331.
    ---------------------------------------------------------------------------
              (1) Study.--The Secretary of the Treasury shall study
            the feasibility and advisability of establishing the
            International Debt Management Authority described in
            this section.
              (2) Explanation of determinations.--If the Secretary
            of the Treasury determines that initiation of
            international discussions with regard to such authority
            would (A) result in material increase in the discount
            at which sovereign debt is sold, (B) materially
            increase the probability of default on such debt, or
            (C) materially enhance the likelihood of debt service
            failure or disruption, the Secretary shall include in
            his interim reports to the Congress an explanation in
            detail of the reasons for such determination.
              (3) Initiation of discussions.--Unless such a
            determination is made, the Secretary of the Treasury
            shall initiate discussions with such industrialized and
            developing countries as the Secretary may determine to
            be appropriate with the intent to negotiate the
            establishment of the International Debt Management
            Authority, which would undertake to--
                      (A) purchase sovereign debt of less developed
                    countries from private creditors at an
                    appropriate discount;
                      (B) enter into negotiations with the debtor
                    countries for the purpose of restructuring the
                    debt in order to--
                              (i) ease the current debt service
                            burden on the debtor countries; and
                              (ii) provide additional opportunities
                            for economic growth in both debtor and
                            industrialized countries; and
                      (C) assist the creditor banks in the
                    voluntary disposition of their Third World loan
                    portfolio.
      (b) Objectives.--In any discussions initiated under
    subsection (a), the Secretary should include the following
    specific proposals:
              (1) That any loan restructuring assistance provided
            by such an authority to any debtor nation should
            involve substantial commitments by the debtor to (A)
            economic policies designed to improve resource
            utilization and minimize capital flight, and (B)
            preparation of an economic management plan calculated
            to provide sustained economic growth and to allow the
            debtor to meet its restructured debt obligations.
              (2) That support for such an authority should come
            from industrialized countries, and that greater support
            should be expected from countries with strong current
            account surpluses.
              (3) That such an authority should have a clearly
            defined close working relationship with the
            International Monetary Fund and the International Bank
            for Reconstruction and Development and the various
            regional development banks.
              (4) That such an authority should be designed to
            operate as a self-supporting entity, requiring no
            routine appropriation of resources from any member
            government, and to function subject to the prohibitions
            contained in the first sentence of section 3112(a).
              (5) That such an authority should have a defined
            termination date and a clear proposal for the
            restoration of creditworthiness to debtor countries
            within this timeframe.
      (c) Interim Reports.--At the end of the 6-month period
    beginning on the date of enactment of this Act and at the end
    of the 12-month period beginning on such date of enactment, the
    Secretary of the Treasury shall submit a report on the progress
    being made on the study or in discussions described in
    subsection (a) to the Committee on Banking, Finance and Urban
    Affairs of the House of Representatives \76\ and the Committee
    on Banking, Housing, and Urban Affairs and the Committee on
    Foreign Relations of the Senate, and shall consult with such
    committees after submitting each such report.
    ---------------------------------------------------------------------------
        \76\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives should be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------
      (d) Final Report.--On the conclusion of the study or of
    discussions described in subsection (a), the Secretary shall
    transmit a report containing a detailed description thereof to
    the Committee on Banking, Finance and Urban Affairs \76\ of the
    House of Representatives and the Committee on Banking, Housing,
    and Urban Affairs and the Committee on Foreign Relations of the
    Senate, together with such recommendations for legislation
    which the Secretary may determine to be necessary or
    appropriate for the establishment of the International Debt
    Management Authority.

    SEC. 3112.\77\ ACTIONS TO FACILITATE CREATION OF THE AUTHORITY.

      (a) In General.--No funds, appropriations, contributions,
    callable capital, financial guarantee, or any other financial
    support or obligation or contingent support or obligation on
    the part of the United States Government may be used for the
    creation, operation, or support of the International Debt
    Management Authority specified in section 3111, without the
    express approval of the Congress through subsequent law, nor
    shall any expenses associated with such authority, either
    directly or indirectly, accrue to any United States person
    without the consent of such person. Except as restricted in the
    preceding sentence, the Secretary of the Treasury shall review
    all potential resources available to the multilateral financial
    institutions which could be used to support the creation of the
    International Debt Management Authority. In the course of this
    review, the Secretary shall direct--
    ---------------------------------------------------------------------------
        \77\ 22 U.S.C. 5332.
    ---------------------------------------------------------------------------
              (1) the United States Executive Director of the
            International Monetary Fund to determine the amount of,
            and alternative methods by which, gold stock of the
            Fund which, subject to action by its Board of
            Governors, could be pledged as collateral to obtain
            financing for the activities of the authority specified
            in section 3111; and
              (2) the United States Executive Director to the
            International Bank for Reconstruction and Development
            to determine the amount of, and alternative methods by
            which, liquid assets controlled by such Bank and not
            currently committed to any loan program which, subject
            to action by its Board of Governors, could be pledged
            as collateral for obtaining financing for the
            activities of the authority specified in section 3111.
    The Secretary of the Treasury shall include a report on the
    results of the review in the first report submitted under
    section 3111(c).
      (b) Construction of Section.--Subsection (a) shall not be
    construed to affect any provision of the Articles of Agreement
    of the International Monetary Fund or of the International Bank
    for Reconstruction and Development or any agreement entered
    into under either of such Agreements.

    SEC. 3113.\78\ IMF-WORLD BANK REVIEW.

      (a) IMF Review.--The United States Executive Director of the
    International Monetary Fund shall request the management of the
    International Monetary Fund to prepare a review and analysis of
    the debt burden of the developing countries, with particular
    attention to alternatives for dealing with the debt problem
    including new lending instruments, rescheduling and refinancing
    of existing debt, securitization and debt conversion
    techniques, discounted debt repurchases, and the International
    Debt Management Authority described in section 3111 no later
    than 1 year after the date of the enactment of this Act.
    ---------------------------------------------------------------------------
        \78\ 22 U.S.C. 5333.
    ---------------------------------------------------------------------------
      (b) World Bank Review.--The United States Executive Director
    to the International Bank for Reconstruction and Development
    shall request the management of the International Bank for
    Reconstruction and Development to prepare a review and analysis
    of the debt burden of the developing countries, with particular
    attention to alternatives for dealing with the debt problem
    including new lending instruments, rescheduling and refinancing
    of existing debt, securitization and debt conversion
    techniques, discounted debt repurchases, and the International
    Debt Management Authority described in section 3111 no later
    than 1 year after the date of the enactment of this Act.

          PART III--REGULATORY PROVISIONS AFFECTING INTERNATIONAL DEBT

    SEC. 3121. PROVISIONS RELATING TO THE REGULATION OF DEPOSITORY
                        INSTITUTIONS.

      (a) Regulatory Objectives.--It is the sense of the Congress
    that regulations prescribed by Federal banking regulatory
    agencies which affect the international assets of United States
    commercial banks should grant the widest possible latitude to
    the banks for negotiating principal and interest reductions
    with respect to obligations of heavily indebted sovereign
    borrowers.
      (b) Flexibility in Debt Restructuring.--It is the intent of
    the Congress that, in applying generally accepted accounting
    standards, Federal agencies which regulate and oversee the
    operations of depository institutions (within the meaning given
    to such term by clauses (i) through (vi) of section 19(b)(1)(A)
    of the Federal Reserve Act) apply to such institutions maximum
    flexibility in determining the asset value of restructured
    loans to heavily indebted sovereign borrowers and in accounting
    for the effects of such restructuring prospectively.
      (c) Recapitalization.--It is the intent of the Congress that
    Federal agencies which regulate and oversee the operations of
    depository institutions (within the meaning given to such term
    by clauses (i) through (vi) of section 19(b)(1)(A) of the
    Federal Reserve Act) should require depository institutions
    with substantial amounts of loans to heavily indebted sovereign
    borrowers to seek, as appropriate, expanded recapitalization
    through equity financing to ensure that prudent institutional
    capital-to-total asset ratios are established and maintained.
      (d) Reserves for Loan Losses.--It is the intent of the
    Congress that Federal agencies which regulate and oversee the
    operations of depository institutions (within the meaning given
    to such term by clauses (i) through (vi) of section 19(b)(1)(A)
    of the Federal Reserve Act) should seek to ensure that
    appropriate levels of reserves be established by depository
    institutions engaged in substantial lending to heavily indebted
    sovereign borrowers in accordance with both the credit and
    country risks associated with such lending.
      (e) \79\ * * *
    ---------------------------------------------------------------------------
        \79\ Subsec. (e) amended sec. 913 of the International Lending
    Supervision Act of 1983.
    ---------------------------------------------------------------------------

    SEC. 3122. STUDIES RELATING TO THE REGULATION OF DEPOSITORY
                        INSTITUTIONS.

      (a) Regulatory Study Required.--The Comptroller of the
    Currency, the Board of Governors of the Federal Reserve System,
    and the Federal Deposit Insurance Corporation shall conduct a
    study to determine the extent of any regulatory obstacle to
    negotiated reductions in the debt service obligations
    associated with foreign debt.
      (b) Specific Factors To Be Studied.--The study required by
    subsection (a) shall include an analysis of regulatory and
    accounting obstacles to various forms of debt restructuring,
    including negotiated interest reduction, the amortization of
    loan losses, securitization and debt conversion techniques, and
    discounted debt repurchases, as well as an analysis of the
    profitability of commercial bank lending to developing
    countries during the 10-year period ending on December 31,
    1986. The analysis should include an assessment of the impact
    of the various forms of debt restructuring on the development
    of a secondary market in developing country debt and on the
    safety and soundness of the United States banking system.
      (c) Report Required.--Within 6 months after the date of the
    enactment of this Act, the Comptroller of the Currency, the
    Board of Governors of the Federal Reserve System, and the
    Federal Deposit Insurance Corporation shall transmit to the
    Congress a report containing the findings and conclusions of
    such agencies with respect to the study required under
    subsection (a), together with any recommendations concerning
    legislation which such agencies determine to be necessary or
    appropriate to remove regulatory obstacles to negotiated
    reductions in the debt service obligations associated with
    sovereign debt.

    SEC. 3123. LIMITED PURPOSE SPECIAL DRAWING RIGHTS FOR THE POOREST
                        HEAVILY INDEBTED COUNTRIES.

      (a) Study Required.--
              (1) In general.--The Secretary of the Treasury, in
            consultation with the directors and staff of the
            International Monetary Fund and such other interested
            parties as the Secretary may determine to be
            appropriate, shall conduct a study of the feasibility
            and the efficacy of reducing the international debt of
            the poorest of the heavily indebted countries through a
            one-time allocation by the International Monetary Fund
            of limited purpose Special Drawing Rights to such
            countries in accordance with a plan which provides
            that--
                      (A) the allocation be made without regard to
                    the quota established for any such country
                    under the Articles of Agreement of the Fund;
                      (B) limited purpose Special Drawing Rights be
                    used only to repay official debt of any such
                    country;
                      (C) the allocation of limited purpose Special
                    Drawing Rights to any such country not be
                    treated as an allocation on which such country
                    must pay interest to the Fund; and
                      (D) the use of limited purpose Special
                    Drawing Rights by any such country to repay
                    official debt shall be treated as an allocation
                    of regular Special Drawing Rights to the
                    creditor.
              (2) Additional factors to be studied.--The study
            required under paragraph (1) shall include the
            following:
                      (A) To the extent the creation and allocation
                    of the limited purpose Special Drawing Rights
                    described in paragraph (1) would require an
                    amendment of the Articles of Agreement of the
                    International Monetary Fund, an assessment of
                    the period of time within which such amendment
                    could be ratified by the member nations, based
                    on discussions with the major members of the
                    Fund.
                      (B) An assessment of other means for
                    achieving the objectives of principal and
                    interest reduction on official debt of the
                    poorest heavily indebted countries through the
                    use of Special Drawing Rights.
                      (C) A comparative evaluation of proposals of
                    other members of the International Monetary
                    Fund, the directors and staff of the Fund, and
                    other interested parties.
                      (D) An analysis of the effect the
                    implementation of the provisions in paragraph
                    (1) would have on bilateral and multilateral
                    lenders, the international monetary system, and
                    such other provisions of this Act as may be
                    appropriate.
                      (E) A comparative analysis of the available
                    alternatives identified under subparagraph (B)
                    or (C).
      (b) Report Required.--Within 3 months after the date of the
    enactment of this Act, the Secretary of the Treasury shall
    submit a report to the Committee on Banking, Finance and Urban
    Affairs \76\ of the House of Representatives and the Committee
    on Banking, Housing, and Urban Affairs and the Committee on
    Foreign Relations of the Senate containing the findings and
    conclusions of the Secretary pursuant to the study required
    under subsection (a), together with--
              (1) the recommendation of the Secretary as to which,
            of all the alternatives for providing relief for the
            poorest of the heavily indebted countries which were
            assessed in connection with such study, represents the
            best available option; and
              (2) recommendations for such legislation and
            administrative action as the Secretary determines to be
            necessary and appropriate to implement such option.

                Subtitle C--Multilateral Development Banks \80\

              * * * * * * *
    ---------------------------------------------------------------------------
        \80\ Subtitle C, ``Multilateral Development Banks Procurement Act
    of 1988'', was transferred to the International Financial Institutions
    Act by sec. 541(b)(1) of the International Development and Finance Act
    of 1989 (Public Law 101-240; 103 Stat. 2517), redesignated as sec. 1801
    and recodified as 22 U.S.C. 262q. See this volume, page 204.
    ---------------------------------------------------------------------------

       Subtitle D--Export-Import Bank and Tied Aid Credit Amendments \81\

              * * * * * * *

           Subtitle E--Export Trading Company Act Amendments of 1988

              * * * * * * *

                          Subtitle F--Primary Dealers

    SEC. 3501.\82\ SHORT TITLE.

      This subtitle may be cited as the ``Primary Dealers Act of
    1988''.
    ---------------------------------------------------------------------------
        \81\ Subtitle D, cited as the ``Export-Import Bank and Tied Aid
    Credit Amendments Act of 1988'', can be found on page 1315.
        \82\ 22 U.S.C. 5341.
    ---------------------------------------------------------------------------

    SEC. 3502.\83\ REQUIREMENT OF NATIONAL TREATMENT IN UNDERWRITING
                        GOVERNMENT DEBT INSTRUMENTS.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \83\ 22 U.S.C. 5342.
    ---------------------------------------------------------------------------
              (1) United States companies can successfully compete
            in foreign markets if they are given fair access to
            such markets;
              (2) a trade surplus in services could offset the
            deficit in manufactured goods and help lower the
            overall trade deficit significantly;
              (3) in contrast to the barriers faced by United
            States firms in Japan, Japanese firms generally have
            enjoyed access to United States financial markets on
            the same terms as United States firms; and
              (4) United States firms seeking to compete in Japan
            face or have faced a variety of discriminatory barriers
            effectively precluding such firms from fairly competing
            for Japanese business, including--
                      (A) limitations on membership on the Tokyo
                    Stock Exchange;
                      (B) high fixed commission rates (ranging as
                    high as 80 percent) which must be paid to
                    members of the exchange by nonmembers for
                    executing trades;
                      (C) unequal opportunities to participate in
                    and act as lead manager for equity and bond
                    underwritings;
                      (D) restrictions on access to automated
                    teller machines;
                      (E) arbitrarily applied employment
                    requirements for opening branch offices;
                      (F) long delays in processing applications
                    and granting approvals for licenses to operate;
                    and
                      (G) restrictions on foreign institutions'
                    participation in Ministry of Finance policy
                    advisory councils.
      (b) Designation of Certain Persons as Primary Dealers
    Prohibited.--
              (1) General rule.--Neither the Board of Governors of
            the Federal Reserve System nor the Federal Reserve Bank
            of New York may designate, or permit the continuation
            of any prior designation of, any person of a foreign
            country as a primary dealer in government debt
            instruments if such foreign country does not accord to
            United States companies the same competitive
            opportunities in the underwriting and distribution of
            government debt instruments issued by such country as
            such country accords to domestic companies of such
            country.
              (2) Certain prior acquisitions excepted.--Paragraph
            (1) shall not apply to the continuation of the prior
            designation of a company as a primary dealer in
            government debt instruments if--
                      (A) such designation occurred before July 31,
                    1987; and
                      (B) before July 31, 1987--
                              (i) control of such company was
                            acquired from a person (other than a
                            person of a foreign country) by a
                            person of a foreign country; or
                              (ii) in conjunction with a person of
                            a foreign country, such company
                            informed the Federal Reserve Bank of
                            New York of the intention of such
                            person to acquire control of such
                            company.
      (c) Exception for Countries Having or Negotiating Bilateral
    Agreements With the United States.--Subsection (b) shall not
    apply to any person of a foreign country if--
              (1) that country, as of January 1, 1987, was
            negotiating a bilateral agreement with the United
            States under the authority of section 102(b)(4)(A) of
            the Trade Act of 1974 (19 U.S.C. 2112(b)(4)(A)); or
              (2) that country has a bilateral free trade area
            agreement with the United States which entered into
            force before January 1, 1987.
      (d) Person of a Foreign Country Defined.--For purposes of
    this section, a person is a ``person of a foreign country'' if
    that person, or any other person which directly or indirectly
    owns or controls that person, is a resident of that country, is
    organized under the laws of that country, or has its principal
    place of business in that country.
      (e) Effective Date.--This section shall take effect 12 months
    after the date of the enactment of this Act.

                         Subtitle G--Financial Reports

    SEC. 3601.\84\ SHORT TITLE.

      This subtitle may be cited as the ``Financial Reports Act of
    1988''.
    ---------------------------------------------------------------------------
        \84\ 22 U.S.C. 5351.
    ---------------------------------------------------------------------------

    SEC. 3602.\85\ QUADRENNIAL REPORTS ON FOREIGN TREATMENT OF UNITED
                        STATES FINANCIAL INSTITUTIONS.

      Not less frequently than every 4 years, beginning December 1,
    1990, the Secretary of the Treasury, in conjunction with the
    Secretary of State, the Board of Governors of the Federal
    Reserve System, the Comptroller of the Currency, the Federal
    Deposit Insurance Corporation, the Securities and Exchange
    Commission, and the Department of Commerce, shall report to the
    Congress on (1) the foreign countries from which foreign
    financial services institutions have entered into the business
    of providing financial services in the United States, (2) the
    kinds of financial services which are being offered, (3) the
    extent to which foreign countries deny national treatment to
    United States banking organizations and securities companies,
    and (4) the efforts undertaken by the United States to
    eliminate such discrimination. The report shall focus on those
    countries in which there are significant denials of national
    treatment which impact United States financial firms. The
    report shall also describe the progress of discussions pursuant
    to section 3603.
    ---------------------------------------------------------------------------
        \85\ 22 U.S.C. 5352.
    ---------------------------------------------------------------------------

    SEC. 3603.\86\ FAIR TRADE IN FINANCIAL SERVICES.

      (a) Discussions.--When advantageous the President or his
    designee shall conduct discussions with the governments of
    countries that are major financial centers, aimed at:
    ---------------------------------------------------------------------------
        \86\ 22 U.S.C. 5353.
    ---------------------------------------------------------------------------
              (1) ensuring that United States banking organizations
            and securities companies have access to foreign markets
            and receive national treatment in those markets;
              (2) reducing or eliminating barriers to, and other
            distortions of, international trade in financial
            services;
              (3) achieving reasonable comparability in the types
            of financial services permissible for financial service
            companies; and
              (4) developing uniform supervisory standards for
            banking organizations and securities companies,
            including uniform capital standards.
      (b) Consultation Before Discussions.--Before entering into
    those discussions, the President or his designee shall consult
    with the committees of jurisdiction in the Senate and the House
    of Representatives.
      (c) Recommendations.--After completing those discussions and
    after consultation with the committees of jurisdiction, the
    President shall transmit to the Congress any recommendations
    that have emerged from those discussions. Any recommendations
    for changes in United States financial laws or practices shall
    be accompanied by a description of the changes in foreign
    financial laws or practices that would accompany action by the
    Congress, and by an explanation of the benefits that would
    accrue to the United States from adoption of the
    recommendations.
      (d) Construction of Section.--Nothing in this section may be
    construed as prior approval of any legislation which may be
    necessary to implement any recommendations resulting from
    discussions under this section.

    SEC. 3604.\87\ BANKS LOAN LOSS RESERVES.

      The Federal Reserve Board shall submit to the Committee on
    Banking, Housing, and Urban Affairs of the Senate and the
    Committee on Banking, Finance and Urban Affairs of the House of
    Representatives \88\ a report on the issues raised by including
    loan loss reserves as part of banks' primary capital for
    regulatory purposes by March 31, 1989. Such report shall
    include a review of the treatment of loan loss reserves and the
    composition of primary capital of banks in other major
    industrialized countries, and shall include an analysis as to
    whether loan loss reserves should continue to be counted as
    primary capital for regulatory purposes.
    ---------------------------------------------------------------------------
        \87\ 22 U.S.C. 5354.
        \88\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives should be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------

                       TITLE IV--AGRICULTURAL TRADE \89\

              * * * * * * *
    ---------------------------------------------------------------------------
        \89\ Title IV, cited as the ``Agricultural Competitiveness and
    Trade Act of 1988'', may be found in Legislation on Foreign Relations
    Through 2005, vol. I-B.
    ---------------------------------------------------------------------------

               Subtitle G--Pesticide Monitoring Improvements \90\

              * * * * * * *
    ---------------------------------------------------------------------------
        \90\ Subtitle G, the ``Pesticide Monitoring Improvements Act of
    1988'', may be found in Legislation on Foreign Relations Through 2005,
    vol. I-B.
    ---------------------------------------------------------------------------

        TITLE V--FOREIGN CORRUPT PRACTICES AMENDMENTS; INVESTMENT; AND
                                   TECHNOLOGY

    Subtitle A--Foreign Corrupt Practices Act Amendments; Review of Certain
                                  Acquisitions

              * * * * * * *

             part i--foreign corrupt practices act amendments \91\

              * * * * * * *
    ---------------------------------------------------------------------------
        \91\ Part I, the ``Foreign Corrupt Practices Act Amendments of
    1988'', amended sec. 104 of the Foreign Corrupt Practices Act of 1977
    (15 U.S.C. 78dd-2). The text of the amendment may be found at page
    1741. The freestanding provisions in Part I may be found at page 1752.
    ---------------------------------------------------------------------------

                 Subtitle C--Competitiveness Policy Council Act

    SEC. 5201.\92\ SHORT TITLE.

      This subtitle may be cited as the ``Competitiveness Policy
    Council Act''.
    ---------------------------------------------------------------------------
        \92\ 15 U.S.C. 4801 note.
    ---------------------------------------------------------------------------

    SEC. 5202.\93\ FINDINGS AND PURPOSES.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \93\ 15 U.S.C. 4801.
    ---------------------------------------------------------------------------
              (1) efforts to reverse the decline of United States
            industry has been hindered by--
                      (A) a serious erosion in the institutions and
                    policies which foster United States
                    competitiveness including a lack of high
                    quality domestic and international economic and
                    scientific data needed to--
                              (i) reveal sectoral strengths and
                            weaknesses;
                              (ii) identify potential new markets
                            and future technological and economic
                            trends; and
                              (iii) provide necessary information
                            regarding the competitive strategies of
                            foreign competitors;
                      (B) the lack of a coherent and consistent
                    government competitiveness policy, including
                    policies with respect to--
                              (i) international trade, finance, and
                            investment,
                              (ii) research, science, and
                            technology,
                              (iii) education, labor retraining,
                            and adjustment,
                              (iv) macroeconomic and budgetary
                            issues,
                              (v) antitrust and regulation, and
                              (vi) government procurement;
              (2) the United States economy benefits when business,
            labor, government, academia, and public interest groups
            work together cooperatively;
              (3) the decline of United States economic
            competitiveness endangers the ability of the United
            States to maintain the defense industrial base which is
            necessary to the national security of the United
            States;
              (4) the world is moving rapidly toward the creation
            of an integrated and interdependent economy, a world
            economy in which the policies of one nation have a
            major impact on other nations;
              (5) integrated solutions to such issues as trade and
            investment research, science, and technology,
            education, and labor retraining and adjustments help
            the United States compete more effectively in the world
            economy; and
              (6) government, business, labor, academia, and public
            interest groups shall cooperate to develop and
            coordinate long-range strategies to help assure the
            international competitiveness of the United States
            economy.
      (b) Purpose.--It is the purpose of this subtitle--
              (1) to develop recommendations for long-range
            strategies for promoting the international
            competitiveness of the United States industries; and
              (2) to establish the Competitiveness Policy Council
            which shall--
                      (A) analyze information regarding the
                    competitiveness of United States industries and
                    business and trade policy;
                      (B) create an institutional forum where
                    national leaders with experience and background
                    in business, labor, government, academia, and
                    public interest activities shall--
                              (i) identify economic problems
                            inhibiting the competitiveness of
                            United States agriculture, business,
                            and industry;
                              (ii) develop long-term strategies to
                            address such problem; and
                      (C) make recommendations on issues crucial to
                    the development of coordinated competitiveness
                    strategies;
                      (D) publish analysis in the form of periodic
                    reports and recommendations concerning the
                    United States business and trade policy.

    SEC. 5203.\94\ COUNCIL ESTABLISHED.

      There is established the Competitiveness Policy Council
    (hereafter in this subtitle referred to as the ``Council''), an
    advisory committee under the provisions of the Federal Advisory
    Committee Act (5 U.S.C. App.).
    ---------------------------------------------------------------------------
        \94\ 15 U.S.C. 4802.
    ---------------------------------------------------------------------------

    SEC. 5204.\95\ DUTIES OF THE COUNCIL.

      The Council shall--
    ---------------------------------------------------------------------------
        \95\ 15 U.S.C. 4803.
    ---------------------------------------------------------------------------
              (1) develop recommendations for national strategies
            and on specific policies intended to enhance the
            productivity and international competitiveness of
            United States industries;
              (2) provide comments, when appropriate, and through
            any existing comment procedure, on--
                      (A) private sector requests for governmental
                    assistance or relief, specifically as to
                    whether the applicant is likely, by receiving
                    the assistance or relief, to become
                    internationally competitive; and
                      (B) what actions should be taken by the
                    applicant as a condition of such assistance or
                    relief to ensure that the applicant is likely
                    to become internationally competitive;
              (3) analyze information concerning current and future
            United States economic competitiveness useful to
            decision making in government and industry;
              (4) create a forum where national leaders with
            experience and background in business, labor, academia,
            public interest activities, and government shall
            identify and develop recommendations to address
            problems affecting the economic competitiveness of the
            United States;
              (5) evaluate Federal policies, regulations, and
            unclassified international agreement on trade, science,
            and technology to which the United States is a party
            with respect to the impact on United States
            competitiveness;
              (6) provide policy recommendations to the Congress,
            the President, and the Federal departments and agencies
            regarding specific issues concerning competitiveness
            strategies;
              (7) monitor the changing nature of research, science,
            and technology in the United States and the changing
            nature of the United States economy and its capacity--
                      (A) to provide marketable, high quality goods
                    and services in domestic and international
                    markets; and
                      (B) to respond to international competition;
              (8) identify--
                      (A) Federal and private sector resources
                    devoted to increased competitiveness; and
                      (B) State and local government programs
                    devised to enhance competitiveness, including
                    joint ventures between universities and
                    corporations;
              (9) establish, when appropriate, subcouncils of
            public and private leaders to develop recommendations
            on long-term strategies for sectors of the economy and
            for specific competitiveness issues;
              (10) review policy recommendations developed by the
            subcouncils and transmit such recommendations to the
            Federal agencies responsible for the implementation of
            such recommendations;
              (11) prepare, publish, and distribute reports
            containing the recommendations of the Council; and
              (12) publish their analysis and recommendations in
            the form of an annual report to the President and the
            Congress which also comments on the overall
            competitiveness of the American economy.

    SEC. 5205.\96\ MEMBERSHIP.

      (a) Composition and Representation.--
    ---------------------------------------------------------------------------
        \96\ 15 U.S.C. 4804.
    ---------------------------------------------------------------------------
              (1) The Council shall consist of 12 members, of
            whom--
                      (A) four members shall be appointed by the
                    President, of whom--
                              (i) one shall be a national leader
                            with experience and background in
                            business;
                              (ii) one shall be a national leader
                            with experience and background in the
                            labor community;
                              (iii) one shall be a national leader
                            who has been active in public interest
                            activities; and
                              (iv) one shall be a head of a Federal
                            department or agency;
                      (B) four members shall be appointed by the
                    majority leader and the minority leader of the
                    Senate, acting jointly, of whom--
                              (i) one shall be a national leader
                            with experience or background in
                            business;
                              (ii) one shall be a national leader
                            with experience and background in the
                            labor community;
                              (iii) one shall be a national leader
                            with experience and background in the
                            academic community; and
                              (iv) one shall be a representative of
                            State or local government; and
                      (C) four members shall be appointed by the
                    Speaker, the minority leader of the House of
                    Representatives, acting jointly, of whom--
                              (i) one shall be a national leader
                            with experience and background in
                            business;
                              (ii) one shall be a national leader
                            with experience and background in the
                            labor community;
                              (iii) one shall be a national leader
                            with experience and background in the
                            academic community; and
                              (iv) one shall be a representative of
                            State or local government.
              (2) In addition to the head of a Federal department
            or agency appointed in accordance with subsection
            (a)(1)(A)(iv), other Federal officials may participate
            on an ex-officio basis as requested by the Council.
              (3) All members of the Council shall be individuals
            who have a broad understanding of the United States
            economy and the United States competitive position
            internationally.
              (4) Not more than 6 members of the Council shall be
            members of the same political party.
      (b) Initial Appointments.--The initial members of the Council
    shall be appointed within 30 days after the date of the
    enactment of the Customs and Trade Act of 1990.\97\
    ---------------------------------------------------------------------------
        \97\ Sec. 133(a)(1) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 648) struck out ``January 21, 1989'' and
    inserted in lieu thereof ``the date of the enactment of the Customs and
    Trade Act of 1990'' [Aug. 20, 1990].
    ---------------------------------------------------------------------------
      (c) Vacancies.--
              (1) A vacancy on the Council shall be filled in the
            same manner in which the original appointment was made.
              (2) Any member appointed to fill a vacancy on the
            Council occurring before the expiration of the term for
            which the predecessor of such member was appointed
            shall be appointed only for the remainder of such term.
              (3) A member of the Council may serve after the
            expiration of the term of such member until the
            successor of such member has taken office.
      (d) Removal.--Members of the Council may be removed only for
    malfeasance in office.
      (e) \98\ Conflict of Interest.--A member of the Council shall
    not serve as an agent for a foreign principal or a lobbyist for
    a foreign entity (as the terms ``lobbyist'' and ``foreign
    entity'' are defined under section 3 of the Lobbying Disclosure
    Act of 1995).\99\
    ---------------------------------------------------------------------------
        \98\ Sec. 133(a)(2) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 648) struck out subsecs. (e) and (f) and
    inserted new subsecs. (e) and (f). These subsections previously read as
    follows:
        ``(e) Conflict of Interest.--
    ---------------------------------------------------------------------------

      ``(1) A member of the Council may not serve as an agent for a foreign
    principal.

      ``(2) Members of the Council shall be required to file a financial
    disclosure report under title II of the Ethics in Government Act of 1978
    (Public Law 95-521), except that such reports shall be held confidential
    and exempt from any law otherwise requiring their public disclosure.

      ``(3) Members of the Council shall be deemed to be special Government
    employees, as defined in section 202 of title 18, United States Code, for
    purposes of sections 201, 202, 203, 205, and 208 of such title.
    ---------------------------------------------------------------------------

        ``(f) Compensation.--
    ---------------------------------------------------------------------------

      ``(1) Each member of the Council who is not employed by the Federal
    Government or any State or local government--

      ``(A) shall be compensated at a rate equal to the daily equivalent of the
    rate for GS-18 of the General Schedule pursuant to section 5332 of title 5,
    United States Code, for each day such member is engaged in duties as a
    member of the Council; and

      ``(B) shall be paid actual travel expenses, and per diem in lieu of
    subsistence expenses when away from the usual place of residence of such
    member, in accordance with section 5703 of such title.

      ``(2) Each member of the Council who is employed by the Federal
    Government or any State or local government shall serve on the Council
    without additional compensation, but while engaged in duties as a member of
    the Council shall be paid actual travel expenses, and per diem in lieu of
    subsistence expenses when away from the usual place of residence of such
    member, in accordance with subchapter I of chapter 57 of title 5, United
    States Code.''.
    ---------------------------------------------------------------------------

        \99\ Sec. 12(a) of Public Law 104-65 (109 Stat. 701) inserted ``or
    a lobbyist for a foreign entity (as the terms ``lobbyist'' and
    ``foreign entity'' are defined under section 3 of the Lobbying
    Disclosure Act of 1995)'' after ``an agent for a foreign principal''.
    Public Law 104-65 amends sec. 5206(e) but also refers to 15 U.S.C.
    4804(e) to be amended. It is interpreted that the amendment is to be
    applied to sec. 5205(e) (15 U.S.C. 4804(e)).
    ---------------------------------------------------------------------------
      (f) \98\ Expenses.--Each member of the Council, while engaged
    in duties as a member of the Council, shall be paid actual
    travel expenses, and per diem in lieu of subsistence expenses
    when away from the usual place of residence of such member, in
    accordance with subchapter I of chapter 57 of title 5, United
    States Code.
      (g) Quorum.--
              (1) In general.--Seven members of the Council
            constitute a quorum, except that a lesser number may
            hold hearings if such action is approved by a two-
            thirds vote of the entire Council.
              (2) Initial organization.--The Council shall not
            commence its duties until all the nongovernmental
            members have been appointed and have qualified.
      (h) Chairperson.--The Council shall elect, by a two-thirds
    vote of the entire Council, a chairperson from among the
    nongovernmental members.
      (i) Meetings.--The Council shall meet at the call of the
    chairperson or a majority of the members.
      (j) Policy Actions.--Except as provided in subsection (g), no
    action establishing policy shall be taken by the Council unless
    approved by two-thirds of the entire membership of the Council.
      (k) \100\ Alternate Members.--
    ---------------------------------------------------------------------------
        \100\ Sec. 133(a)(3) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 648) struck out subsecs. (l) and (m), which
    previously read as follows:
        ``(l) Experts and Consultants.--The Council may procure temporary
    and intermittent services under section 3109(b) of title 5, United
    States Code, but at rates for individuals not to exceed the daily
    equivalent of the maximum annual rate of basic pay for GS-16 of the
    General Schedule.
        ``(m) Details.--Upon request of the Council, the head of any other
    Federal agency is authorized to detail, on a reimbursable basis, any of
    the personnel of such agency to the Council to assist the Council in
    carrying out its duties under this subtitle.''.
    ---------------------------------------------------------------------------
              (1) Each member of the Council shall designate one
            alternate representative to attend any meeting that
            such member is unable to attend.
              (2) In the course of attending any such meeting, an
            alternate representative shall be considered a member
            of the Council for all purposes, except for voting.

    SEC. 5206.\101\ EXECUTIVE DIRECTOR AND STAFF.

      (a) Executive Director.--
    ---------------------------------------------------------------------------
        \101\ 15 U.S.C. 4805.
    ---------------------------------------------------------------------------
              (1) The principal administrative officer of the
            Council shall be an Executive Director, who shall be
            appointed by the Council and who shall be paid at a
            rate not to exceed GS-18 of the General Schedule.
              (2) The Executive Director shall serve on a full-time
            basis.
      (b) Staff.--(1) Within the limitations of appropriations to
    the Council, the Executive Director may appoint a staff for the
    Council in accordance with the Federal civil service and
    classification laws.
      (2) The staff of the Council shall be deemed to be special
    government employees as defined in section 202 of title 18,
    United States Code, for purposes of title II of the Ethics in
    Government Act of 1978 and sections 201, 202, 203, 205, 207,
    and 208 of title 18, United States Code.
        (c) \102\ Experts and Consultants.--The council may procure
    temporary and intermittent services under section 3109(b) of
    title 5, United States Code, but at rates for individuals not
    to exceed the daily equivalent of the maximum annual rate of
    basic pay for GS-16 of the General Schedule.
    ---------------------------------------------------------------------------
        \102\ Sec. 133(b) of the Customs and Trade Act of 1990 (Public Law
    101-382; 104 Stat. 648) added subsecs. (c) and (d).
    ---------------------------------------------------------------------------
        (d) \102\ Details.--Upon request of the Council, the head
    of any other Federal agency is authorized to detail, on a
    reimbursable basis, any of the personnel of such agency to the
    Council to assist the Council in carrying out its duties under
    this subtitle.

    SEC. 5207.\103\ POWERS OF THE COUNCIL.

      (a) Hearings.--The Council may, for the purpose of carrying
    out the provisions of this subtitle, hold such hearings, sit
    and act at such times and places, take such testimony, and
    receive such evidence, as the Council considers appropriate.
    The Council may administer oaths or affirmations to witnesses
    appearing before the Council.
    ---------------------------------------------------------------------------
        \103\ 15 U.S.C. 4806.
    ---------------------------------------------------------------------------
      (b) Information.--
              (1)(A) Except as provided in subparagraph (B), the
            Council may secure directly from any Federal agency
            information necessary to enable the Council to carry
            out the provisions of this subtitle. Upon request of
            the chairman of the Council, the head of such agency
            shall promptly furnish such information to the Council.
              (B) Subparagraph (A) does not apply to matters that
            are specifically authorized under criteria established
            by an Executive order to be kept secret in the interest
            of national defense or foreign policy and are in fact
            properly classified pursuant to such Executive order.
              (2) In any case in which the Council receives any
            information from a Federal agency, the Council shall
            not disclose such information to the public unless such
            agency is authorized to disclose such information
            pursuant to Federal law.
      (c) \104\ Consultation With the President and the Congress.--
    No later than 120 \105\ days after the initial members are
    appointed to the Council, the Council shall submit a report to
    the President, the Senate Governmental Affairs Committee, and
    the appropriate committees of the House of Representatives and
    of the Senate, that proposes the type and scope of activities
    the Council shall undertake, including the extent to which the
    Council will coordinate activities with other advisory
    committees relating to trade and competitiveness in order to
    maximize the effectiveness of the Council.
    ---------------------------------------------------------------------------
        \104\ Sec. 133(c)(1) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 649) redesignated subsecs. (d) through (i) as
    (c) through (h), respectively. The original legislation contained no
    subsec. (c).
        \105\ Sec. 133(c)(2) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 649) struck out ``60'' and inserted in lieu
    thereof ``120''.
    ---------------------------------------------------------------------------
      (d) \104\ Gifts.--The Council may accept, use, and dispose of
    gifts or donations of services or property.
      (e) \104\ Use of the Mails.--The Council may use the United
    States mails in the same manner and under the same conditions
    as other Federal agencies.
      (f) \104\ Administrative and Support Services.--The
    Administrator of General Services shall provide to the Council,
    on a reimbursable basis, such administrative and support
    services as the Council may request.
      (g) \104\ Subcouncils.--
              (1) The Council may establish, for such period of
            time as the Council determines appropriate, subcouncils
            of public and private leaders to analyze specific
            competitive issues.
              (2) Any such subcouncil shall include representatives
            of business, labor, government, and other individuals
            or representatives of groups whose participation is
            considered by the Council to be important to developing
            a full understanding of the subject with which the
            subcouncil is concerned.
              (3) Any such subcouncil shall include a
            representative of the Federal Government.
              (4) Any such subcouncil shall assess the actual or
            potential competitiveness problems facing the industry
            or the specific policy issues with which the subcouncil
            is concerned and shall formulate specific
            recommendations for responses by business, government,
            and labor--
                      (A) to encourage adjustment and modernization
                    of the industry involved;
                      (B) to monitor and facilitate industry
                    responsiveness to opportunities identified
                    under section 5208(b)(1)(B);
                      (C) to encourage the ability of the industry
                    involved to compete in markets identified under
                    section 5208(b)(1)(C); or
                      (D) to alleviate the problems in a specific
                    policy area facing more than one industry.
              (5) Any discussion held by any subcouncil shall not
            be considered to violate any Federal or State antitrust
            law.
              (6) Any discussion held by any subcouncil shall not
            be subject to the provisions of the Federal Advisory
            Committee Act, except that a Federal representative
            shall attend all subcouncil meetings.
              (7) Any subcouncil shall terminate 30 days after
            making recommendations, unless the Council specifically
            requests that the subcouncil continue in operation.
      (h) \104\ Applicability of Advisory Committee Act.--The
    provisions of subsections (e) and (f) of section 10, of the
    Federal Advisory Committee Act shall not apply to the Council.

    SEC. 5208.\106\ ANNUAL REPORT.

      (a) Submission of Report.--The Council shall annually on
    March 1 \107\ submit to the President, the Senate Governmental
    Affairs Committee, and the appropriate Committees of the House
    of Representatives and the Senate a report setting forth--
    ---------------------------------------------------------------------------
        \106\ 15 U.S.C. 4807.
        \107\ Sec. 133(d) of the Customs and Trade Act of 1990 (Public Law
    101-382; 104 Stat. 649) struck out ``prepare and'' and inserted in lieu
    thereof ``on March 1''.
    ---------------------------------------------------------------------------
              (1) the goals to achieve a more competitive United
            States economy;
              (2) the policies needed to meet such goals;
              (3) a summary of existing policies of the Federal
            Government or State and local governments significantly
            affecting the competitiveness of the United States
            economy; and
              (4) a summary of significant economic and
            technological developments, in the United States and
            abroad, affecting the competitive position of United
            States industries.
      (b) Contents of Report.--The report submitted under
    subsection (a) shall--
              (1) identify and describe actual or foreseeable
            developments, in the United States and abroad, which--
                      (A) create a significant likelihood of a
                    competitive challenge to, or of substantial
                    dislocation in, an established United States
                    industry;
                      (B) present significant opportunities for
                    United States industries to compete in new
                    geographical markets or product markets, or to
                    expand the position of such industries in
                    established markets; or
                      (C) create a significant risk that United
                    States industries shall be unable to compete
                    successfully in significant markets;
              (2) specify the industry sectors affected by the
            developments described in the report under paragraph
            (1); and
              (3) contain a statement of the findings and
            recommendations of the Council during the previous
            fiscal year, including any recommendations of the
            Council for (a) such legislative or administrative
            actions as the Council considers appropriate, and (b)
            including the elimination, consolidation,
            reorganization of government agencies especially such
            agencies that specifically deal with research, science,
            technology, and international trade.
      (c) Report by Congressional Committees.--The Council shall
    consult with each committee to which a report is submitted
    under this section and after such consultation, each such
    committee shall submit to its respective House a report setting
    forth the views and recommendations of such committee with
    respect to the report of the Council.

    SEC. 5209.\108\ AUTHORIZATION OF APPROPRIATIONS.

      There are authorized to be appropriated for each of the
    fiscal years 1991 and 1992 \109\ such sums as may be necessary
    not to exceed $5,000,000 to carry out the provisions of this
    subtitle.
    ---------------------------------------------------------------------------
        \108\ 15 U.S.C. 4808.
        \109\ Sec. 133(e) of the Customs and Trade Act of 1990 (Public Law
    101-382; 104 Stat. 649) struck out ``1989 and 1990'' and inserted in
    lieu thereof ``1991 and 1992''.
    ---------------------------------------------------------------------------

    SEC. 5210.\110\ DEFINITIONS.

      For purposes of this subtitle--
    ---------------------------------------------------------------------------
        \110\ 15 U.S.C. 4809.
    ---------------------------------------------------------------------------
              (1) the term ``Council'' means the Competitiveness
            Policy Council established under section 5203;
              (2) the term ``member'' means a member of the
            Competitiveness Policy Council;
              (3) the term ``United States'' means each of the
            several States, the District of Columbia, the
            Commonwealth of Puerto Rico, Guam, the Virgin Islands,
            the Commonwealth of the Northern Mariana Islands,
            American Samoa, and any other territory or possession
            of the United States; and
              (4) the term ``agent of a foreign principal'' is
            defined as such term is defined under subsection (d) of
            the first section of the Foreign Agents Registration
            Act of 1938 (22 U.S.C. 611) subject to the provisions
            of section 3 of such Act (22 U.S.C. 613).
              * * * * * * *

                       Subtitle E--Trade Data and Studies

                        part i--national trade data bank

    SEC. 5401.\111\ DEFINITIONS.

      For purposes of this subtitle--
    ---------------------------------------------------------------------------
        \111\ 15 U.S.C. 4901.
    ---------------------------------------------------------------------------
              (1) the term ``Committee'' means the Interagency
            Trade Data Advisory Committee;
              (2) the term ``Data Bank'' means the National Trade
            Data Bank;
              (3) the term ``Executive agency'' has the same
            meaning as in section 105 of title 5, United States
            Code;
              (4) the term ``export promotion data system'' means
            the data system known as the Commercial Information
            Management System which is maintained and operated by
            the United States and Foreign Commercial Service and is
            established as part of the Data Bank under section
            3816;
              (5) the term ``international economic data system''
            means the data system established as part of the Data
            Bank under section 5406 which contains data useful to
            policymakers and analysis concerned with international
            economics; and
              (6) the term ``Secretary'' means the Secretary of
            Commerce.

    SEC. 5402.\112\ INTERAGENCY TRADE DATA ADVISORY COMMITTEE.

      (a) Establishment.--There is established the Interagency
    Trade Data Advisory Committee.
    ---------------------------------------------------------------------------
        \112\ 15 U.S.C. 4902.
    ---------------------------------------------------------------------------
      (b) Membership.--The Committee shall consist of--
              (1) the United States Trade Representative;
              (2) the Secretary of Agriculture;
              (3) the Secretary of Defense;
              (4) the Secretary of Commerce;
              (5) the Secretary of Labor;
              (6) the Secretary of the Treasury;
              (7) the Secretary of State;
              (8) the Director of the Office of Management and
            Budget;
              (9) the Director of Central Intelligence;
              (10) the Chairman of the Federal Reserve Board;
              (11) the Chairman of the International Trade
            Commission;
              (12) the President of the Export-Import Bank;
              (13) the President of the Overseas Private Investment
            Corporation; and
              (14) such other members as may be appointed by the
            President from full-time officers or employees of the
            Federal Government.
      (c) Chairman.--The Secretary of Commerce shall be Chairman of
    the Committee.
      (d) Designees.--Any member of the Committee may appoint a
    designee to serve in place of such member on the Committee.

    SEC. 5403.\113\ FUNCTIONS OF THE COMMITTEE.

      The Committee shall advise the Secretary of Commerce, as
    appropriate, on the establishment, structure, contents, and
    operation of a National Trade Data Bank in accordance with
    section 5406 in order to assure the timely collection of
    accurate data and to provide the private sector and government
    officials efficient access to economic and trade data collected
    by the Federal Government for purposes of policymaking and
    export promotion.
    ---------------------------------------------------------------------------
        \113\ 15 U.S.C. 4903.
    ---------------------------------------------------------------------------

    SEC. 5404.\114\ CONSULTATION WITH THE PRIVATE SECTOR AND GOVERNMENT
                        OFFICIALS.

      The Secretary shall regularly consult with representatives of
    the private sector and officials of State and local governments
    to assess the adequacy of United States trade information. The
    Secretary shall seek recommendations on how trade information
    can be made more accessible, understandable, and relevant. The
    Secretary shall seek recommendations as to what data should be
    included in the export promotion data system in the Data Bank.
    ---------------------------------------------------------------------------
        \114\ 15 U.S.C. 4904.
    ---------------------------------------------------------------------------

    SEC. 5405.\115\ COOPERATION AMONG EXECUTIVE AGENCIES.

      Each executive agency shall furnish to the Secretary such
    information for inclusion in the National Trade Data Bank as
    the Secretary, in consultation with the Advisory Committee,
    considers necessary to the operation of the Data Bank.
    ---------------------------------------------------------------------------
        \115\ 15 U.S.C. 4905.
    ---------------------------------------------------------------------------

    SEC. 5406.\116\ ESTABLISHMENT OF THE DATA BANK.

      (a) Establishment.--Within 2 years after the date of the
    enactment of this Act, the Secretary of Commerce shall
    establish the Data Bank. The Secretary shall manage the Data
    Bank. The Data Bank shall consist of two data systems, to be
    designated the International Economic Data System, as described
    in subsection (b) and the Export Promotion Data System, as
    described in subsection (c).
    ---------------------------------------------------------------------------
        \116\ 15 U.S.C. 4905.
    ---------------------------------------------------------------------------
      (b) International Economic Data System.--The International
    Economic Data System shall include current and historical
    information determined by the Secretary to be useful (after the
    consultation required by section 5404) to policymakers and
    analysts concerned with international economics and trade and
    which shall include data compiled or obtained by appropriate
    executive agencies. Such information shall not identify parties
    to transactions. Such information may include data for the
    United States and countries with which the United States has
    important economic relations including--
              (1) data on imports and exports, including--
                      (A) aggregate import and export data for the
                    United States and for each foreign country;
                      (B) industry-specific import and export data
                    for each foreign country;
                      (C) product and service specific import and
                    export data for the United States;
                      (D) market penetration information; and
                      (E) foreign destinations for exports of the
                    United States;
              (2) data on international service transactions;
              (3) information on international capital markets,
            including--
                      (A) interest rates; and
                      (B) average exchange rates;
              (4) information on foreign direct investment in the
            United States economy;
              (5) international labor market information,
            including--
                      (A) wage rates for major industries;
                      (B) international unemployment rates; and
                      (C) trends in international labor
                    productivity;
              (6) information on foreign government policies
            affecting trade, including--
                      (A) trade barriers; and
                      (B) export financing policies;
              (7) import and export data for the United States on a
            State-by-State basis aggregated at the product level
            including--
                      (A) data concerning the country shipping the
                    import, the State of first destination, and the
                    original part of entry for imports of goods
                    and, to the extent possible, services; and
                      (B) data concerning the State of the
                    exporter, the port of departure, and the
                    country of first destination for export of
                    goods and, to the extent possible, services;
                    and
              (8) any other economic and trade data collected by
            the Federal Government that the Secretary determines to
            be useful in carrying out the purposes of this
            subtitle.
      (c) Export Promotion Data System.--The export promotion data
    system shall include data and information collected by the
    Federal Government on the industrial sectors and markets of
    foreign countries which are determined by the Secretary (after
    consultation required by section 5404) to be of the greatest
    interest to United States business firms that are engaged in
    export-related activities and to Federal and State agencies
    that promote exports, while providing for the confidentiality
    of proprietary business information, and shall be designed to
    use the most effective means of disseminating data and
    information electronically through the Department, or
    Department-designated offices, or through other available data
    bases in an accurate and timely manner. Such data system shall
    monitor, organize, and disseminate selected information on--
              (1) specific business opportunities in foreign
            countries;
              (2) specific industrial sectors within foreign
            countries with high export potential such as--
                      (A) size of the market;
                      (B) distribution of products;
                      (C) competition;
                      (D) significant applicable laws, regulations,
                    specifications, and standards;
                      (E) appropriate government officials; and
                      (F) trade associations and other contact
                    points; and
              (3) foreign countries generally, such as--
                      (A) the general economic conditions;
                      (B) common business practices;
                      (C) significant tariff and trade barriers;
                    and
                      (D) other significant laws and regulations
                    regarding imports, licensing, and the
                    protection of intellectual property;
              (4) export financing information, including the
            availability, through public sources of funds for
            United States exporters and foreign competitors;
              (5) transactions involving barter and countertrade;
            and
              (6) any other similar information, that the Secretary
            determines to be useful in carrying out the purposes of
            this subtitle.

    SEC. 5407.\117\ OPERATION OF THE DATA BANK.

      The Secretary shall manage the Data Bank to provide the most
    appropriate data retrieval system or systems possible. Such
    system or systems shall--
    ---------------------------------------------------------------------------
        \117\ 15 U.S.C. 4907.
    ---------------------------------------------------------------------------
              (1) be designed to utilize data processing and
            retrieval technology in monitoring, organizing,
            analyzing, and disseminating the data and information
            contained in the Data Bank;
              (2) use the most effective and meaningful means of
            organizing and making such information available to--
                      (A) United States Government policymakers;
                      (B) United States business firms;
                      (C) United States workers;
                      (D) United States industry associations;
                      (E) United States agricultural interests;
                      (F) State and local economic development
                    agencies; and
                      (G) other interested United States persons
                    who could benefit from such information;
              (3) be of such quality and timeliness and in such
            form as to assist coordinated trade strategies for the
            United States; and
              (4) facilitate dissemination of information through
            nonprofit organizations with significant outreach
            programs which complement the regional outreach
            programs of the United States and Foreign Commercial
            Service.

    SEC. 5408.\118\ INFORMATION ON THE SERVICE SECTOR.

      (a) Service Sector Information.--The Secretary shall ensure
    that, to the extent possible, there is included in the Data
    Bank information on service sector economic activity that is as
    complete and timely as information on economic activity in the
    merchandise sector.
    ---------------------------------------------------------------------------
        \118\ 15 U.S.C. 4908.
    ---------------------------------------------------------------------------
      (b) Survey.--The Secretary shall undertake a new benchmark
    survey of service transactions, including transactions with
    respect to--
              (1) banking services;
              (2) information services, including computer software
            services;
              (3) brokerage services;
              (4) transportation services;
              (5) travel services;
              (6) engineering services;
              (7) construction services; and
              (8) health services.
      (c) General Information and Index of Leading Indicators.--The
    Secretary shall provide--
              (1) not less than once a year, comprehensive
            information on the service sector of the economy; and
              (2) an index of leading indicators which includes the
            measurement of service sector activity in direct
            proportion to the contribution of the service sector to
            the gross national product of the United States.

    SEC. 5409.\119\ EXCLUSION OF INFORMATION.

      The Data Bank shall not include any information--
    ---------------------------------------------------------------------------
        \119\ 15 U.S.C. 4909.
    ---------------------------------------------------------------------------
              (1) the disclosure of which to the public is
            prohibited under any other provision of law or
            otherwise authorized to be withheld under other
            provision of law; or
              (2) that is specifically authorized under criteria
            established by statute or an Executive order not to be
            disclosed in the interest of national defense or
            foreign policy and are in fact properly classified
            pursuant to such Executive order.

    SEC. 5410.\120\ NONDUPLICATION.

      The Secretary shall ensure that information systems created
    or developed pursuant to this subtitle do not unnecessarily
    duplicate information systems available from other Federal
    agencies or from the private sector.
    ---------------------------------------------------------------------------
        \120\ 15 U.S.C. 4910.
    ---------------------------------------------------------------------------

    SEC. 5411.\121\ COLLECTION OF DATA.

      Except as provided in section 5408, nothing in this subtitle
    shall be considered to grant independent authority to the
    Federal Government to collect any data or information from
    individuals or entities outside of the Federal Government.
    ---------------------------------------------------------------------------
        \121\ 15 U.S.C. 4911.
    ---------------------------------------------------------------------------

    SEC. 5412.\122\ FEES AND ACCESS.

      The Secretary shall provide reasonable public services and
    access (including electronic access) to any information
    maintained as part of the Data Bank and may charge reasonable
    fees consistent with section 552 of title 5, United States
    Code.
    ---------------------------------------------------------------------------
        \122\ 15 U.S.C. 4912.
    ---------------------------------------------------------------------------

    SEC. 5413.\123\ REPORT TO CONGRESS.

      (a) Interim Report.--Not more than 1 year after the date of
    enactment of this Act, the Secretary after consultation with
    the Advisory Committee shall submit a report to the
    Governmental Affairs Committee and the Banking, Housing, and
    Urban Affairs Committee of the Senate, other appropriate
    committees of the Senate, and the House of Representatives
    describing actions taken pursuant to this subtitle,
    particularly--
    ---------------------------------------------------------------------------
        \123\ 15 U.S.C. 4913.
    ---------------------------------------------------------------------------
              (1) actions taken to provide the information on
            services described in section 5408; and
              (2) actions taken to provide State-by-State
            information as described in section 5406(b)(7).
      (b) Final Report.--Not more than 3 years after the date of
    enactment of this Act, the Secretary after consultation with
    the Advisory Committee shall submit a report to the
    Governmental Affairs Committee and the Banking, Housing, and
    Urban Affairs Committee of the Senate, other appropriate
    committees of the Senate, and the House of Representatives--
              (1) assessing the current quality and
            comprehensiveness of, and the ability of the public and
            of private entities to obtain access to trade data;
              (2) describing all other actions taken and planned to
            be taken pursuant to this subtitle;
              (3) including comments by the private sector and by
            State agencies that promote exports on the
            implementation of the Data Bank;
              (4) describing the extent to which the systems within
            the Data Bank are being used and any recommendations
            with regard to the operation of the system; and
              (5) describing the extent to which United States
            citizens and firms have access to the data banks of
            foreign countries that is similar to the access
            provided to foreign citizens and firms.

                                part ii--studies

    SEC. 5421.\124\ COMPETITIVENESS IMPACT STATEMENTS.

      (a) The President or the head of the appropriate department
    or agency of the Federal Government shall include in every
    recommendation or report made to the Congress on legislation
    which may affect the ability of United States firms to compete
    in domestic and international commerce a statement of the
    impact of such legislation on--
    ---------------------------------------------------------------------------
        \124\ 2 U.S.C. 194b.
    ---------------------------------------------------------------------------
              (1) the international trade and public interest of
            the United States, and
              (2) the ability of United States firms engaged in the
            manufacture, sale, distribution, or provision of goods
            or services to compete in foreign or domestic markets.
      (b) This section provides no private right of action as to
    the need for or adequacy of the statement required by
    subsection (a).
      (c) This section shall cease to be effective six years from
    the date of enactment.

    SEC. 5422.\125\ STUDY AND REPORT BY THE ADVISORY COUNCIL ON FEDERAL
                        PARTICIPATION IN SEMATECH.

      (a) Study and Report.--Not later than February 1, 1989, and
    annually thereafter for each fiscal year in which appropriated
    funds are expended for Sematech the Advisory Council on Federal
    Participation in Sematech established under section 273(a) of
    the National Defense Authorization Act for fiscal years 1988
    and 1989 (15 U.S.C. 4603(a); Public Law 100-180) shall conduct
    a study and submit a report to the Governmental Affairs
    Committee and the Armed Services Committee of the Senate and to
    appropriate committees of the House of Representatives
    concerning Federal participation in Sematech. The study and
    report shall be conducted under the direction of the Under
    Secretary of Commerce for Economic Affairs.
    ---------------------------------------------------------------------------
        \125\ 15 U.S.C. 4603a.
    ---------------------------------------------------------------------------
      (b) Council Recommendations and Report.--The Council shall
    include in the report submitted under subsection (a) the
    following:
              (1) identification of potential sources of Federal
            funding from department and agency budgets for Sematech
            and recommendations concerning methods and terms of
            Federal financial participation in Sematech, including
            grants, loans, loan guarantees, and contributions in
            kind. The feasibility of methods of Federal recoupment
            shall also be considered;
              (2) definition and assessment of continued Federal
            participation in Sematech including, but not limited
            to, issues of technology research and development,
            civilian and defense industrial base objectives and
            initiatives, and commercialization. The report shall
            include a summary of the most recent plans, milestones,
            and cost estimates for Sematech, including any changes
            and alterations, and shall comment on Sematech's
            accomplishments and shortfalls in the preceding fiscal
            year;
              (3) coordination of inter-agency participation,
            including all matters pertaining to Federal funding and
            decisionmaking, and other issues regarding Federal
            participation in Sematech; and
              (4) any other issues and questions the Council deems
            appropriate shall be considered.

    SEC. 5423. IMPACT OF NATIONAL DEFENSE EXPENDITURES ON INTERNATIONAL
                        COMPETITIVENESS.

      (a) Findings.--The Congress finds that the ability of United
    States industries to compete in world markets may be adversely
    affected by the following factors:
              (1) The allocation of intellectual resources between
            the private and public sectors.
              (2) The distribution of innovative research and
            development between commercial and noncommercial
            applications.
              (3) The number of scientific advances which are
            ultimately commercialized.
              (4) The cost of capital which is affected by many
            factors including the budget deficit and defense
            spending.
      (b) Sense of Congress.--It is the sense of Congress that the
    President should evaluate the impact on United States
    competitiveness of--
              (1) the defense spending by foreign countries,
            particularly Japan's expenditure of 1 percent of its
            gross national product for defense compared to the
            expenditure of the United States of 6 percent of its
            gross national product, and
              (2) the other factors listed in subsection (a).
              * * * * * * *

                        TITLE VI--[Repealed--1994] \126\
    ---------------------------------------------------------------------------

        \126\ Sec. 391(i) of Public Law 103-382 (108 Stat. 4023) repealed
    Title VI, the ``Education and Training for a Competitive America Act of
    1988''.
    ---------------------------------------------------------------------------
              * * * * * * *

                   TITLE VII--BUY AMERICAN ACT OF 1988 \127\

              * * * * * * *
    ---------------------------------------------------------------------------
        \127\ Title VII amended the Buy American Act (41 U.S.C. 10A-10d).
    ---------------------------------------------------------------------------

                        TITLE VIII--SMALL BUSINESS \128\

    SEC. 8001.\129\ SHORT TITLE.

        This title may be cited as the ``Small Business
    International Trade and Competitiveness Act''.
    ---------------------------------------------------------------------------
        \128\ Title VIII, the ``Small Business International Trade and
    Competitiveness Act'', amended the Small Business Act (15 U.S.C. 631).
    The freestanding provisions are reproduced here.
        \129\ 15 U.S.C. 631 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 8009.\129\ GLOBALIZATION OF PRODUCTION.

      Within one year after the date of enactment of this Act, the
    Administrator of the Small Business Administration shall submit
    a written report to the Committees on Small Business of the
    House of Representatives and the Senate, prepared by the
    Administration in conjunction with the Bureau of Census and in
    cooperation with other relevant agencies, that would--
              (1) analyze to the extent possible the effect of
            increased outsourcing and other shifts in production
            arrangements on small firms, particularly manufacturing
            firms, within the United States subcontractor tier and
            to the extent that such data is not available determine
            methods by which such data may be collected;
              (2) assess the impact of specific economic policies,
            including, but not limited to, procurement, tax and
            trade policies, in facilitating outsourcing and other
            international production arrangements; and
              (3) make recommendations as to changes in Government
            policy that would improve the competitive position of
            smaller United States subcontractors, including
            recommendations as to incentives which could be
            provided to larger corporations to maximize their use
            of United States subcontractors and assist these
            subcontractors in changing production and marketing
            strategies and in obtaining new business in domestic
            and foreign markets.

    SEC. 8010.\129\ SMALL BUSINESS TRADE REMEDY ASSISTANCE.

      Not later than December 1, 1988, the Comptroller General of
    the United States shall conduct a study and submit a report to
    the Committee on Governmental Affairs and the Committee on
    Small Business of the Senate, as well as to other appropriate
    committees of the Senate, and to the Committee on Small
    Business and the Committee on Ways and Means of the House of
    Representatives on the costs incurred by small businesses in
    pursuing rights and remedies under the trade laws. Such report
    shall include an analysis of--
              (1) the costs incurred by small businesses (and trade
            associations whose membership is primarily small
            business) in pursuing investigations under the trade
            remedy laws, including--
                      (A) antidumping investigations and
                    proceedings under title VII of the Tariff Act
                    of 1930;
                      (B) countervailing duty investigations and
                    proceedings under section 303 or title VII of
                    the Tariff Act of 1930;
                      (C) unfair trade practice investigations
                    under section 337 of the Tariff Act of 1930;
                      (D) investigations under chapter 1 of title
                    III of the Tariff Act of 1974;
                      (E) import relief investigations under
                    chapter 1 of title II of the Trade Act of 1974;
                      (F) market disruption investigations under
                    section 406 of the Trade Act of 1974; and
                      (G) national security relief investigations
                    under section 232 of the Trade Expansion Act of
                    1962;
              (2) the extent of assistance and information provided
            by the Trade Remedy Assistance Office of the United
            States International Trade Commission;
              (3) the ability of small businesses to generate the
            information and resources needed for such
            investigations; and
              (4) the costs and benefits to the Federal Government
            of either--
                      (A) providing reimbursement to small
                    businesses for legal expenses incurred in
                    pursuing trade remedies; or
                      (B) providing direct legal assistance to
                    small businesses.

    SEC. 8011.\129\ NATIONAL SEMINAR ON SMALL BUSINESS EXPORTS.

      (a) Seminar.--The Administration shall conduct a National
    Seminar on Small Business Exports within one year following
    enactment of this Act in order to develop recommendations
    designed to stimulate exports from small companies. The Seminar
    shall build upon the information collected by the
    Administration through previously conducted regional small
    business trade conferences.
      (b) Assistance by Experts.--For the purpose of ascertaining
    facts and developing policy recommendations concerning the
    expansion of United States exports from small companies the
    Seminar shall bring together individuals who are experts in the
    fields of international trade and small business development
    and representatives of small businesses, associations, the
    labor community, academic institutions, and Federal, State and
    local governments.
      (c) Recommendations Concerning Utility of International
    Conference.--The Seminar shall specifically consider the
    utility of, and make recommendations regarding, a subsequent
    International Conference on Small Business and Trade that
    would--
              (1) help establish linkages between United States
            small business owners and small business owners in
            foreign countries;
              (2) enable United States small business owners to
            learn how others organize themselves for exporting; and
              (3) foster greater consideration of small business
            concerns in the GATT.

    SEC. 8012.\129\ TRADE NEGOTIATIONS.

      It is the sense of the Congress that the interests of the
    small business community have not been adequately represented
    in trade policy formulation and in trade negotiations.
    Therefore, it is the sense of the Congress that the
    Administrator of the Small Business Administration should be
    appointed as a member of the Trade Policy Committee and that
    the United States Trade Representative should consult with the
    Small Business Administration and its Office of Advocacy in
    trade policy formulation and in trade negotiations.
      Further, it is the sense of the Congress that the United
    States Trade Representative would better serve the needs of the
    small business community with full-time staff assistance with
    responsibilities for small business trade issues.
      Further, it is the sense of the Congress that the United
    States Trade Representative should appoint a special trade
    assistant for small business.

    SEC. 8013.\129\ PROMULGATION OF REGULATIONS.

      Notwithstanding any law, rule, or regulation, the Small
    Business Administration shall promulgate final regulations to
    carry out the provisions of this title within six months after
    the date of enactment of this title.

    SEC. 8014.\129\ EFFECTIVE DATE.

      This title shall become effective on the date of its
    enactment.
              * * * * * * *

                     TITLE X--OCEAN AND AIR TRANSPORTATION

                     Subtitle A--Foreign Shipping Practices

    SEC. 10001.\130\ SHORT TITLE.

      This subtitle may be cited as the ``Foreign Shipping
    Practices Act of 1988''.
    ---------------------------------------------------------------------------
        \130\ 46 U.S.C. app. 1701 note.
    ---------------------------------------------------------------------------

    SEC. 10002.\131\ FOREIGN LAWS AND PRACTICES.

      (a) Definitions.--For purposes of this section--
    ---------------------------------------------------------------------------
        \131\ 46 U.S.C. app. 1710a.
    ---------------------------------------------------------------------------
              (1) ``common carrier'', ``marine terminal operator'',
            ``ocean transportation intermediary'',\132\ ``ocean
            common carrier'', ``person'', ``shipper'', ``shippers'
            association'', and ``United States'' have the meanings
            given each such term, respectively, in section 3 of the
            Shipping Act of 1984 (46 App. U.S.C. 1702);
    ---------------------------------------------------------------------------
        \132\ Sec. 111(1) of the Ocean Shipping Reform Act of 1998 (Public
    Law 105-258; 112 Stat 1911) struck out ``non-vessel-operating-common-
    carrier'' and inserted in lieu thereof ``ocean transportation
    intermediary''.
    ---------------------------------------------------------------------------
              (2) ``foreign carrier'' means an ocean common carrier
            a majority of whose vessels are documented under the
            laws of a country other than the United States;
              (3) ``maritime services'' means port-to-port carriage
            of cargo by the vessels operated by ocean common
            carriers;
              (4) ``maritime-related services'' means intermodal
            operations, terminal operations, cargo
            solicitation,\133\ agency services, ocean
            transportation intermediary \134\ services and
            operations, and all other activities and services
            integral to total transportation systems of ocean
            common carriers and their foreign domiciled affiliates
            on their own and others' behalf;
    ---------------------------------------------------------------------------
        \133\ Sec. 111(2) of Public Law 105-258 (112 Stat. 1911) struck out
    ``forwarding and''.
        \134\ Sec. 111(3) of Public Law 105-258 (112 Stat. 1911) struck out
    ``non-vessel-operating common carrier'' and inserted in lieu thereof
    ``ocean transportation intermediary''.
    ---------------------------------------------------------------------------
              (5) ``United States carrier'' means an ocean common
            carrier which operates vessels documented under the
            laws of the United States; and
              (6) ``United States oceanborne trade'' means the
            carriage of cargo between the United States and a
            foreign country, whether direct or indirect, by an
            ocean common carrier.
      (b) Authority To Conduct Investigations.--The Federal
    Maritime Commission shall investigate whether any laws, rules,
    regulations, policies, or practices of foreign governments, or
    any practices of foreign carriers or other persons providing
    maritime or maritime-related services in a foreign country
    result in the existence of conditions that--
              (1) adversely affect the operations of United States
            carriers in United States oceanborne trade; and
              (2) do not exist for foreign carriers of that country
            in the United States under the laws of the United
            States or as a result of acts of United States carriers
            or other persons providing maritime or maritime-related
            services in the United States.
      (c) Investigations.--(1) Investigations under subsection (b)
    of this section may be initiated by the Commission on its own
    motion or on the petition of any person, including any common
    carrier, shipper, shippers' association, ocean transportation
    intermediary,\135\ or marine terminal operator, or any branch,
    department, agency, or other component of the Government of the
    United States.
    ---------------------------------------------------------------------------
        \135\ Sec. 111(4) of the Ocean Shipping Reform Act of 1998 (Public
    Law 105-258; 112 Stat. 1911) struck out ``freight forwarder'' and
    inserted in lieu thereof ``transportation intermediary''.
    ---------------------------------------------------------------------------
      (2) The Commission shall complete any such investigation and
    render a decision within 120 days after it is initiated, except
    that the Commission may extend such 120-day period for an
    additional 90 days if the Commission is unable to obtain
    sufficient information to determine whether a condition
    specified in subsection (b) of this section exists. Any notice
    providing such an extension shall clearly state the reasons for
    such extension.
      (d) Information Requests.--(1) In order to further the
    purposes of subsection (b) of this section, the Commission may,
    by order, require any person (including any common carrier,
    shipper, shippers' association, ocean freight forwarder, or
    marine terminal operator, or any officer, receiver, trustee,
    lessee, agent or employee thereof) to file with the Commission
    any periodic or special report, answers to questions,
    documentary material, or other information which the Commission
    considers necessary or appropriate. The Commission may require
    that the response to any such order shall be made under oath.
    Such response shall be furnished in the form and within the
    time prescribed by the Commission.
      (2) In an investigation under subsection (b) of this section,
    the Commission may issue subpoenas to compel the attendance and
    testimony of witnesses and the production of records or other
    evidence.
      (3) Notwithstanding any other provision of law, the
    Commission may, in its discretion, determine that any
    information submitted to it in response to a request under this
    subsection, or otherwise, shall not be disclosed to the public.
      (e) Action Against Foreign Carriers.--(1) Whenever, after
    notice and opportunity for comment or hearing, the Commission
    determines that the conditions specified in subsection (b) of
    this section exist, the Commission shall take such action as it
    considers necessary and appropriate against any foreign carrier
    that is a contributing cause to, or whose government is a
    contributing cause to, such conditions, in order to offset such
    conditions. Such action may include--
              (A) limitations on sailings to and from United States
            ports or on the amount or type of cargo carried;
              (B) suspension, in whole or in part, of any or all
            tariffs and service contracts,\136\ including the right
            of an ocean common carrier to use any or all tariffs
            and service contracts \136\ of conferences in United
            States trades of which it is a member for such period
            as the Commission specifies;
    ---------------------------------------------------------------------------
        \136\ Sec. 111(6) of the Ocean Shipping Reform Act of 1998 (Public
    Law 105-258; 112 Stat. 1911) struck out ``filed with the Commission''
    and inserted in lieu thereof ``and service contracts''.
    ---------------------------------------------------------------------------
              (C) suspension, in whole or in part, of the right of
            an ocean common carrier to operate under any agreement
            filed with the Commission, including agreements
            authorizing preferential treatment at terminals,
            preferential terminal leases, space chartering, or
            pooling of cargo or revenues with other ocean common
            carriers; and
              (D) a fee, not to exceed $1,000,000 per voyage.
      (2) The Commission may consult with, seek the cooperation of,
    or make recommendations to other appropriate Government
    agencies prior to taking any action under this subsection.
      (3) Before a determination under this subsection becomes
    effective or a request is made under subsection (f) of this
    section, the determination shall be submitted immediately to
    the President who may, within 10 days after receiving such
    determination, disapprove the determination in writing, setting
    forth the reasons for the disapproval, if the President finds
    that disapproval is required for reasons of the national
    defense or the foreign policy of the United States.
      (f) Actions Upon Request of the Commission.--Whenever the
    conditions specified in subsection (b) of this section are
    found by the Commission to exist, upon the request of the
    Commission--
              (1) the collector of customs at any port or place of
            destination in the United States shall refuse the
            clearance required by section 4197 of the Revised
            Statutes (46 App. U.S.C. 91) to any vessel of a foreign
            carrier that is identified by the Commission under
            subsection (e) of this section; and
              (2) the Secretary of the department in which the
            Coast Guard is operating shall deny entry, for purposes
            of oceanborne trade, of any vessel of a foreign carrier
            that is identified by the Commission under subsection
            (e) of this section to any port or place in the United
            States or the navigable waters of the United States, or
            shall detain any such vessel at the port or place in
            the United States from which it is about to depart for
            any other port or place in the United States.
      (g) Report.--The Commission shall include in its annual
    report to Congress--
              (1) a list of the twenty foreign countries which
            generated the largest volume of oceanborne liner cargo
            for the most recent calendar year in bilateral trade
            with the United States;
              (2) an analysis of conditions described in subsection
            (b) of this section being investigated or found to
            exist in foreign countries;
              (3) any actions being taken by the Commission to
            offset such conditions;
              (4) any recommendations for additional legislation to
            offset such conditions; and
              (5) a list of petitions filed under subsection (c) of
            this section that the Commission rejected, and the
            reasons for each such rejection.
      (h) The actions against foreign carriers authorized in
    subsections (e) and (f) of this section may be used in the
    administration and enforcement of section 13(b)(6) \137\ of the
    Shipping Act of 1984 (46 App. U.S.C. 1712(b)(5)) or section
    19(1)(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 876).
    ---------------------------------------------------------------------------
        \137\ Sec. 111(7) of the Ocean Shipping Reform Act of 1998 (Public
    Law 105-258; 112 Stat. 1911) struck out ``(b)(5)'' and inserted in lieu
    thereof ``(b)(6)''.
    ---------------------------------------------------------------------------
      (i) Any rule, regulation or final order of the Commission
    issued under this section shall be reviewable exclusively in
    the same forum and in the same manner as provided in section
    2342(3)(B) of title 28, United States Code.
              * * * * * * *
                     (14) Federal Triangle Development Act

     Partial text of Public Law 100-113 [S. 1550], 101 Stat. 735, approved
    August 21, 1987; as amended by Public Law 105-277 [Omnibus Consolidated
      and Emergency Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681,
                           approved October 21, 1998

    AN ACT To complete the Federal Triangle in the District of Columbia, to
     construct a public building to provide Federal office space and space
    for an international cultural and trade center, and for other purposes.

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

    SEC. 7.\1\ INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION

        (a) Establishment.--There is established a commission to be
    known as the International Cultural and Trade Center
    Commission.
    ---------------------------------------------------------------------------
        \1\ 40 U.S.C. 1106.
    ---------------------------------------------------------------------------
        (b) Duties of Commission.--The duties of the Commission are
    as follows:
              (1) To participate in accordance with section 4 in
            the planning of the building to be constructed under
            section 5.
              (2) To enter into an agreement with the Administrator
            under section 8 for the lease of space in the building
            constructed under section 5 for establishment,
            operation, and maintenance of an international cultural
            and trade center.
              (3) To operate and manage any space leased under
            section 8 in accordance with the objectives of this
            Act.
              (4) To prepare under section 8 an annual report on
            the operation and management of such space.
        (c) Membership.--
              (1) Number and appointment.--The Commission shall be
            composed of 14 members \2\ as follows:
    ---------------------------------------------------------------------------
        \2\ Sec. 1335(h)(1)(A) of the Foreign Affairs Reform and
    Restructuring Act of 1998 (Division G of Public Law 105-277; 112 Stat.
    2681-788) struck out ``15 members'' and inserted in lieu thereof ``14
    members''.
    ---------------------------------------------------------------------------
                      (A) The Secretary of State or his delegate.
                      (B) The Secretary of Commerce or his delegate
                      (C) The Secretary of Agriculture or his
                    delegate.
                      (D) The United States Trade Representative or
                    his delegate.
                      (E) The Administrator or his delegate.
                      (F) \3\ The Chairman of the Corporation or
                    his delegate.
    ---------------------------------------------------------------------------
        \3\ Sec. 1335(h)(1)(B) and (C) of the Foreign Affairs Reform and
    Restructuring Act of 1998 (Division G of Public Law 105-277; 112 Stat.
    2681-788) struck out subpara. (F) and redesignated subparas. (G)
    through (J) as subparas. (F) through (I), respectively. Subpara. (F)
    originally read ``The Director of the United States Information Agency
    or his delegate.''.
    ---------------------------------------------------------------------------
                      (G) \3\ The Mayor of the District of Columbia
                    or his delegate.
                      (H) \3\ The Chairman of the National
                    Endowment for the Arts or his delegate.
                      (I) \3\ 6 individuals appointed by the
                    President one of whom shall be a resident and
                    registered voter of the District of Columbia
                    and all of whom shall be specially qualified to
                    serve on the Commission by virtue of their
                    education, training, or experience in
                    international trade, commerce, cultural
                    exchange, finance, business, or management of
                    facilities similar to the international
                    cultural and trade center described in section
                    8.
              A vacancy in the Commission shall be filled in the
            manner in which the original appointment was made.
              (2) Terms.--
                      (A) General rule.--Except as provided in
                    subparagraph (B), the terms of office of the
                    private sector Members first taking office
                    shall begin on the date of the enactment of
                    this Act and shall expire as designated at the
                    time of appointment, two at the end of two
                    years, two at the end of four years, and two at
                    the end of six years.
                      (B) Filling vacancy.--Any member of the
                    Commission appointed to fill a vacancy
                    occurring before the expiration of the term for
                    which his predecessor was appointed shall be
                    appointed only for the remainder of such term.
                    A member may serve after the expiration of his
                    term until his successor has taken office.
              (3) Pay.--Members of the Commission shall serve
            without pay; except that any member of the Commission
            appointed under paragraph (1)(I) \4\ shall while
            attending meetings of and attending hearing held by the
            Commission be entitled to travel or transportation
            expenses in accordance with section 5703 of title 5,
            United States Code.
    ---------------------------------------------------------------------------
        \4\ Sec. 1335(h)(2) of the Foreign Affairs Reform and Restructuring
    Act of 1998 (Division G of Public Law 105-277; 112 Stat. 2681-788)
    struck out ``paragraph (1)(J)'' each place it appeared in paras. (3)
    and (5) in subsec. (c) and inserted in lieu thereof ``paragraph
    (1)(I)''.
    ---------------------------------------------------------------------------
              (4) Quorum.--8 members of the Commission shall
            constitute a quorum but lesser number may hold
            hearings.
              (5) Designation of chairman.--The Chairman and Vice
            Chairman of the Commission shall be designated by the
            President; except that the Chairman may only be
            designated from individuals appointed under paragraph
            (1)(I).\4\
              (6) Meetings.--The Commission shall meet at the call
            of the Chairman but no less often than every 4 months.
        (d) Staff of Commission.--
              (1) General rule.--The Commission shall have a staff,
            including an executive director. Such staff shall be
            composed of individuals who may either be appointed
            under paragraph (2) or detailed under paragraph (3);
            except that the staff of the Commission may not at any
            time be composed of more than 15 individuals.
              (2) Authority to appoint.--The Commission may appoint
            and fix the pay of not to exceed 10 individuals,
            including an individual to serve as the executive
            director of the Commission. Staff appointed under this
            paragraph shall be appointed subject to the provisions
            of title 5, United States Code, governing appointments
            in the competitive service, and shall be paid in
            accordance with the provisions of chapter 51 and
            subchapter III of chapter 53 of such title relating to
            classification and General Schedule pay rates; except
            that--
                      (A) the individual appointed to serve as the
                    executive director and one other individuals
                    appoint to the staff of the Commission may be
                    appointed and compensated without regard to
                    such provisions; and
                      (B) the pay of any individual (other than the
                    2 individuals referred to in subparagraph (A))
                    appointed under this paragraph shall be at a
                    rate not to exceed the maximum rate of basic
                    pay payable to GS-17 of the General Schedule.
              (3) Detail.--Subject to paragraph (1), upon request
            of the Commission, the Secretary of State, the
            Secretary of Commerce, the Secretary of Agriculture,
            the Special Trade Representative, and the Administrator
            \5\ may detail, on a reimbursable basis, such of the
            personnel of the department or agency such person heads
            as may be necessary to assist the Commission in
            carrying out it duties under this Act.
    ---------------------------------------------------------------------------
        \5\ Sec. 1335(h)(3) the Foreign Affairs Reform and Restructuring
    Act of 1998 (Division G of Public Law 105-277; 112 Stat. 2681-788)
    struck out ``the Administrator and the Director of the United States
    Information Agency'' and inserted in lieu thereof ``and the
    Administrator''.
    ---------------------------------------------------------------------------
        (e) Office Space and Supplies.--Upon request of the
    Commission, the Secretary of State, the Secretary of Commerce,
    the Secretary of Agriculture, The Special Trade Representative,
    the Administrator, and the Director of the United States
    Information Agency may provide, on a reimbursable basis, such
    office space, supplies, equipment, and other support services
    as may be necessary for the Commission to carry out it duties
    under this Act.
        (f) Powers of Commission.--
              (1) Hearings and sessions.--The Commission may, for
            the purpose of carrying out it duties under this Act,
            hold such hearings, sit and act at such times and
            places, take such testimony, and receive such evidence,
            as the Commission considers appropriate.
              (2) Powers of members and agents.--Any member or
            agent of the Commission may, if so authorized by the
            Commission, take any action which the Commission is
            authorized to take by this subsection.
              (3) Obtaining official data.--The Commission may
            obtain from any department or agency of the United
            States information necessary to enable it to carry out
            its duties under this Act. Upon request of the Chairman
            of the Commission, the head of such department or
            agency shall furnish such information to the
            Commission.
              (4) Gifts.--The Commission may accept, use, and
            dispose of gifts or donations of services or property.
              (5) Mails.--The Commission may use the United States
            mails in the same manner and under the same conditions
            as other departments and agencies of the United States.
              (6) Authority to contract out.--Subject to applicable
            provisions of law, the Commission may enter into such
            contracts or agreements as the Commission considers
            appropriate to carry out any of its duties under this
            Act.
              (7) Experts and consultants.--The Commission may
            procure temporary and intermittent services under
            section 3109(b) of title 5 of the United States Code.
        (g) Limitation on Expenses.--
              (1) Maximum amount.--The maximum amount of expenses
            (including salaries, travel expenses, expenses for
            temporary and intermittent services, expenses under
            contracts or agreements entered into under subsection
            (f)(7), and supply expenses) which the Commission may
            incur in any fiscal year may not exceed $1,000,000 in
            any fiscal year.
              (2) Adjustment for inflation.--Any dollar amount
            referred to in this subsection, subsection (h)(3), and
            section 8(d) may be adjusted by the Commission annually
            to reflect a percentage increase or decrease in the
            Consumer Price Index for All Urban Consumers for the
            preceding calendar year, as determined by the United
            States Department of Labor, Bureau of Labor Statistics.
        (h) Funding.--
              (1) Requests for transfers.--If the Commission incurs
            any expenses in carrying out its duties under this Act,
            the Commission may request the Secretary of State, the
            Administrator, or any other Federal official referred
            to in subsection (c)(1) to transfer to the Commission
            an amount equal to such expenses from funds
            appropriated to such official.
              (2) Authority for transfers.--Subject to paragraphs
            (3) and (5), any official referred to in paragraph (1)
            may transfer such amounts from funds appropriated to
            such official as may be necessary to enable the
            Commission to carry out its duties under this Act.
              (3) Maximum amount of requests and transfers.--The
            aggregate amount of requests for transfers, and the
            aggregate amount of transfers, under this subsection
            may not exceed $1,000,000 in any fiscal year.
              (4) Deposit of receipts.--The Commission shall
            deposit all amounts it receives under this subsection
            into the account established by section 8(d).
              (5) Limitation on effect.--This subsection shall not
            be effective with respect to any fiscal year beginning
            after the last day of the 2-year period beginning on
            the first day the Commission deposits under section
            8(c) funds into the account established by section
            8(d).

    SEC. 8.\6\ OPERATION AND MANAGEMENT OF INTERNATIONAL CULTURAL AND TRADE
                        CENTER

        (a) Lease of Space.--
    ---------------------------------------------------------------------------
        \6\ 40 U.S.C. 1107.
    ---------------------------------------------------------------------------
              (1) Agreement.--The Administrator and the Commission
            shall enter into an agreement for the Commission to
            lease from the Administrator not to exceed 500,000
            square feet of occupiable space in the building to be
            constructed under section 5 to serve as an
            international cultural and trade center.
              (2) Size.--The Commission shall determine the amount
            of space necessary for operation of the international
            cultural and trade center based upon demand, except
            that such space may not exceed 500,000 square feet of
            occupiable space. Upon certification of such demand by
            the Commission, the Administrator shall lease such
            amount of space to the Commission.
              (3) Terms.--The agreement entered into under this
            subsection shall include at a minimum the following
            terms:
                      (A) The Commission will be permitted to
                    sublease its space in such building to foreign
                    missions, commercial establishments sponsored
                    by foreign governments, and international
                    cultural and trade organizations, including
                    domestic organizations and State and local
                    governments.
                      (B) All space leased by the Commission from
                    the Administrator will be at such rate as the
                    Administrator and the Commission may agree but
                    not less than the rate established under
                    section 6(b)(2) plus such amount as the
                    Administrator determines is necessary to pay on
                    an annual basis for the costs of administering
                    such building (including operation,
                    maintenance, and rehabilitation costs) which
                    are attributable to such space.
                      (C) Such terms relating to default and
                    nonperformance as the Administrator considers
                    appropriate to protect the interests of the
                    United States.
        (b) Establishment of Center.--
              (1) By commission.--The Commission shall establish,
            operate, and maintain an international cultural and
            trade center in the space leased from the Administrator
            under subsection (a).
              (2) Contents.--The international cultural and trade
            center may include the following:
                      (A) Office space for foreign missions and
                    domestic and international organizations
                    involved in international trade or cultural
                    activities.
                      (B) A world exhibition center providing space
                    for exhibits from foreign nations.
                      (C) An international bazaar providing space
                    for commercial establishments sponsored by
                    foreign governments.
                      (D) An international center providing a
                    centralized foreign trade reference facility,
                    conference and meeting facilities, and audio-
                    visual facilities for translating foreign
                    languages.
                      (E) Such other facilities as are consistent
                    with the objectives of this section.
              (3) Subleasing of space.--
                      (A) Agreements.--The Commission may enter
                    into agreements with foreign missions and
                    international cultural and trade organizations
                    (including domestic organizations and State and
                    local governments) to sublease any or all of
                    the space it leased from the Administrator
                    under subsection (a). Space subleased to such
                    missions and organizations may only be used for
                    establishment of trade centers and exhibitions,
                    offices, and commercial establishments
                    described in paragraph (2) and such other
                    facilities as the Commission determines are
                    consistent with an international cultural and
                    trade center.
                      (B) Terms and conditions.--An agreement
                    entered into under this subsection shall be
                    subject to such terms and conditions as the
                    Commission determines are appropriate to carry
                    out the objectives of this Act. The rental rate
                    per square foot of occupiable space for space
                    subleased under this subsection shall be
                    determined in accordance with subsection (c);
                    except that the Commission may adjust such rate
                    with respect to any space subleased to a
                    foreign mission in accordance with the
                    recommendations of the Secretary of State
                    acting in accordance with section 204(b) of the
                    State Department Basic Authorities Act of 1956
                    (22 U.S. C. 4304(b)). The Secretary of State
                    may reimburse the Commission for any expenses
                    which are incurred by the Commission as a
                    result of making adjustments in the rental rate
                    for space under this subparagraph.
              (4) Reference facility and cultural events.--The
            Commission may establish in a portion of the space
            leased from the Administrator under this section a
            centralized foreign trade reference facility and
            conference and meeting facilities and audio-visual
            facilities for translating foreign languages. The
            Commission may permit cultural events and other
            activities to be held in a portion of such space. The
            Commission shall establish in accordance with
            subsection (c) fees and charges for--
                      (A) the use of such facilities and
                    auditorium, and
                      (B) the holding of such events and
                    activities.
        (c) Rents and Fees.--
              (1) Establishment of amount.--The Commission shall
            establish the amounts of fees under subsection (b)(4),
            and establish a rental rate for space subleased under
            subsection (b)(3), taking into account the objectives
            of this section and the best interests of the United
            States. In any fiscal year beginning after the last day
            of the 2-year period beginning on the first day the
            Commission deposits under this subsection funds into
            the account established under subsection (d), the
            aggregate amount of such fees and rent shall not be
            less than the cost to the Commission of subleasing
            space from the Administrator under subsection (a) in
            such fiscal year plus the expenses (including salaries,
            travel expenses, expenses for temporary and
            intermittent services, expenses under contracts or
            agreements entered into under subsection 7(f)(7),
            supply expenses and any reimbursable expenses) incurred
            by the Commission in carrying out its duties under this
            Act in such fiscal year.
              (2) Collection.--The Commission shall collect--
                      (A) rent for space subleased under subsection
                    (b); and
                      (B) fees and charges under subsection (b).
              (3) Deposit.--The Commission shall deposit all
            amounts collected under this subsection and all amounts
            transferred by the Secretary of State to the Commission
            under subsection (b)(3)(B) into the account established
            under subsection (d).
        (d) Separate Account.--
              (1) Establishment.--There is established in the
            Treasury of the United States a separate account.
              (2) Contents.--The account shall include all amounts
            deposited by the Commission under subsection (c) and
            section 7(h).
              (3) Availability.--Amounts in the account established
            under this subsection shall be available to the
            Commission to pay--
                      (A) all rents owed to the Administrator for
                    lease of space under subsection (a); and
                      (B) all expenses (including salaries, travel
                    expenses, expenses for temporary and
                    intermittent services, expenses under contracts
                    or agreements entered into under section
                    7(f)(7), and supply expenses) incurred by the
                    Commission in carrying out its duties under
                    this Act but not exceeding $1,000,000 in any
                    fiscal year.
              (4) Payments.--The Commission shall pay, from amounts
            in the account established by this subsection--
                      (A) for lease of space under subsection (a)
                    on an annual basis amounts owed to the
                    Administrator for deposit into the fund
                    established by section 210(f) of the Federal
                    Property and Administrative Services Act of
                    1949 (40 U.S.C. 490 (f)); and
                      (B) all expenses incurred by it in carrying
                    out its duties under this Act but not exceeding
                    $1,000,000 in any fiscal year.
              (5) Transfer of excess funds.--Periodically, but not
            less often than once per fiscal year, funds which the
            Commission determines are in excess of those needed to
            make the payments described in paragraph (4) shall be
            transferred by the Commission from the account
            established under this subsection to the fund
            established under section 210(f) of the Federal
            Property and Administrative Services Act of 1949 (40
            U.S.C. 490 (f)).
        (h) \7\ Annual Report and Budget.--The Commission shall
    prepare and transmit to the Committee on Environment and Public
    Works of the Senate and the Committee of Public Works and
    Transportation \8\ of the House of Representatives (1) an
    annual report in January of each calendar year on the operation
    and management of the space leased by the Commission under
    subsection (a) and the international cultural and trade center,
    and (2) a budget for such fiscal year for operation,
    maintenance, and alteration of such center, including amounts
    received and projected to be received by the Commission in such
    fiscal year and expenses incurred and projected to be incurred
    by the Commission in such fiscal year.
    ---------------------------------------------------------------------------
        \7\ As enrolled. There are no subsecs. (e), (f), or (g).
        \8\ Sec. 1(a)(9) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Public Works and Transportation of the
    House of Representatives shall be treated as referring to the Committee
    on Transportation and Infrastructure of the House of Representatives.
    ---------------------------------------------------------------------------
              * * * * * * *
                   (15) Customs and Miscellaneous Amendments

    Partial text of Title II of Public Law 98-573 [Trade and Tariff Act of
    1984; H.R. 3398], 98 Stat. 2948 at 2973, approved October 30, 1984; as
    amended by Public Law 100-418 [Omnibus Trade and Competitiveness Act of
           1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988

      AN ACT To amend the trade laws, authorize the negotiation of trade
    agreements, extend trade preferences, change the tariff treatment with
              respect to certain articles, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act with the following table of contents may be cited as the
    ``Trade and Tariff Act of 1984''.
              * * * * * * *

                 TITLE II--CUSTOMS AND MISCELLANEOUS AMENDMENTS

                Subtitle A--Amendments to the Tariff Act of 1930

              * * * * * * *

                  Subtitle B--Small Business Trade Assistance

              * * * * * * *

                      Subtitle C--Miscellaneous Provisions

    SEC. 231. FOREIGN TRADE ZONE PROVISIONS.

        (a)(1) The Congress finds that a delicate balance of the
    interests of the bicycle industry and the bicycle component
    parts industry has been reached through repeated revision of
    the Harmonized Tariff Schedule of the United States \1\ so as
    to allow duty-free import of those categories of bicycle
    component parts which are not manufactured domestically. The
    Congress further finds that this balance would be destroyed by
    exempting otherwise dutiable bicycle component parts from the
    customs laws of the United States through granting foreign
    trade zone status to bicycle manufacturing and assembly plants
    in the United States and that the preservation of such balance
    is in the public interest and in the interest of the domestic
    bicycle industry.
    ---------------------------------------------------------------------------
        \1\ Sec. 1214(s)(1) of Public Law 100-418 (102 Stat. 1160) struck
    out ``Tariff Schedules of the United States'' and inserted in lieu
    thereof ``Harmonized Tariff Schedule of the United States''.
    ---------------------------------------------------------------------------
        (2) \2\ * * *
    ---------------------------------------------------------------------------
        \2\ Para. (2) amended sec. 3 of the Act of June 18, 1934 (Foreign
    Trade Zones Act; 19 U.S.C. 81c), effective on the fifteenth day after
    the date of the enactment of this Act. Para. (2) also amended sec. 15
    of that Act, effective January 1, 1983.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 235.\3\ PRODUCTS OF CARIBBEAN BASIN COUNTRIES ENTERED IN PUERTO
                        RICO.
    ---------------------------------------------------------------------------

        \3\ Sec. 235 amended the Caribbean Basin Economic Recovery Act.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 245. SENSE OF CONGRESS REGARDING POSSIBLE EEC ACTION ON CORN
                        GLUTEN.

        Whereas--
              (1) the European Council of Ministers has directed
            the Commission of the European Community (EC) to
            initiate consultations with the United States and other
            interested parties under article XXVIII of the General
            Agreement on Tariffs and Trade (GATT) for the purpose
            of imposing tariff or tariff quota restrictions on
            imports of nongrain feed ingredients, including corn
            gluten feed;
              (2) the EC has considered proposals to impose a
            domestic consumption tax on vegetable fats and oils,
            which would undermine the intention of the duty-free
            binding on certain corn and soybean products imported
            from the United States;
              (3) the EC has bound in the GATT that it will impose
            no import duties on soybeans, soybean meal, corn gluten
            feed, and other corn by-products, and such zero-tariff
            bindings were agreed to in return for United States
            trade concessions to the EC during previous rounds of
            trade negotiations;
              (4) the EC has not demonstrated sound economic
            justification for restrictions on the import of
            nongrain feed ingredients and such restrictions would
            only shift the financial burden of EC Common
            Agricultural Policy (CAP) reform from the EC to other
            countries, with negligible improvement in the current
            EC budget situation;
              (5) action by the EC to breach a negotiated
            concession would severely erode the basic GATT
            principle of comparative advantage and set a dangerous
            precedent which could threaten other previously
            negotiated concessions and serve as a precursor to
            restrictions on the import of soybeans and soybean
            products; and
              (6) the official position of the United States, as
            stated by the Secretary of Agriculture, is that there
            is strong support for the EC efforts to balance the
            agricultural budget, but that the United States will
            oppose any efforts to limit its exports of corn gluten
            feed to the EC;
    it is the sense of Congress that--
                      (A) the President should continue to firmly
                    oppose the imposition of any restriction on
                    European Community imports of nongrain feed
                    ingredients, including corn gluten, and should
                    support the current duty-free binding on such
                    products;
                      (B) the President should continue to
                    rigorously oppose any European Community
                    proposals which would violate the intent of the
                    existing duty-free binding in the General
                    Agreement on Tariffs and Trade on soybeans and
                    soybean products and reaffirm the United States
                    conviction that the imposition of a consumption
                    tax on vegetable fats and oils by the European
                    Community would represent a restraint of trade;
                    and
                      (C) if unilateral action is taken by the
                    European Community to restrict or inhibit the
                    importation of either nongrain feed
                    ingredients, including corn gluten feed, or
                    vegetable fats and oils, including soybean
                    products, the United States should act
                    immediately to restrict European Community
                    imports of at least the aggregate value of the
                    reduced and potentially reduced United States
                    export products.

    SEC. 246. STUDY ON HONEY IMPORTS.

        (a) The Senate finds that--
              (1) in 1976 the International Trade Commission found
            that honey imports threatened serious injury to the
            domestic honey industry and recommended action to
            control honey imports.
              (2) the domestic honey industry is essential for
            production of many agricultural crops.
              (3) a significant part of our total diet is dependent
            directly or indirectly on insect pollination, and
              (4) it is imperative that the domestic honey bee
            industry be maintained at a level sufficient to provide
            crop pollination.
        (b) It is the sense of the Senate that the Secretary of
    Agriculture should promptly request the President to call for
    an International Trade Commission investigation of honey
    imports, under section 22 of the Agriculture Adjustment Act.

    SEC. 247. COPPER IMPORTS.

        (a) The Congress finds that--
              (1) The United States International Trade Commission
            unanimously found that the United States copper
            producing industry is being seriously injured by copper
            imports;
              (2) worldwide copper prices are at record low levels;
              (3) foreign copper producers have increased their
            copper production in spite of depressed world prices in
            an effort to meet their external debt obligations;
              (4) United State copper production has been reduced
            by over forty percent and over half of the work force
            has been laid off;
              (5) continuation of the current depressed world price
            for copper threatens severe economic distress for less
            developed countries which are dependent on copper
            exports as their major source of foreign exchange;
              (6) the competitiveness of United States copper
            producers could be enhanced through the investment
            which could be generated if worldwide copper prices
            returned to more historically representative levels;
            and
              (7) a balanced reduction in foreign copper production
            which raises marginally the world price for copper
            would not disadvantage domestic fabricators by creating
            a two-tier pricing system.
        (b) It is the sense of Congress that the President should
    negotiate with the principal foreign copper-producing countries
    to conclude voluntary restraint agreements with those
    governments for the purpose of effecting a balanced reduction
    of total annual foreign copper production for a period of
    between three and five years in order to--
              (1) allow the price of copper on international
            markets to rise modestly to levels which will permit
            the remaining copper operations located in the United
            States to attract needed capital, and
              (2) achieve a secure domestic supply of copper.
        (c) It is the further sense of the Congress that the
    President should submit a report to Congress, within twelve
    months of the date of enactment of this Act, explaining--
              (1) the results of his negotiations; or
              (2) why he felt it was inappropriate or unnecessary
            to undertake such negotiations.
              * * * * * * *

    SEC. 250. HOGS AND PORK PRODUCTS FROM CANADA.

        The pork industry contributes $9,000,000,000 annually to
    the United States economy;
        Over four hundred and fifty thousand United States farmers
    produce pork for domestic and foreign markets;
        United States imports of live hogs from Canada averaged one
    hundred thousand animals each year between 1970 and 1974, yet
    since 1981, such imports have increased yearly from one hundred
    and forty-six thousand head to an estimated more than one
    million head in 1984;
        The adverse economic effect of the recent surge in imports
    of Canadian hogs and pork products on United States pork
    producers has been estimated to be in excess of $500,000,000 in
    1982 and 1983, and approximately $300,000,000 during the first
    five months of 1984;
        The Canadian Government provides price support for hogs at
    a level equal to 90 per centum of the previous five-year
    average market price, indexed for changes in cash costs of
    production of hogs, which represented a payment of $6.54 per
    head to Canadian pork producers last year, and all but one
    provincial government of Canada also provide direct production
    assistance to support Canadian pork producers; and
        It is essential that the administration act immediately to
    address the threat to the United States pork production
    industry caused by the dramatic increase in imports of hogs and
    pork products from Canada.
        It is the sense of the Senate that the President should
    direct appropriate members of the administration, including the
    United States Trade Representative, the Secretary of
    Agriculture, and the Secretary of Commerce, to aggressively
    pursue discussions with the Canadian Government directed toward
    resolving this situation and use all available authorities in
    an effort to protect the economic viability of the United
    States pork industry and to promote free and fair trade.

    SEC. 251. COPYRIGHT PROTECTION OF COMPUTER SOFTWARE.

        Since the development of computer software and other
    information technologies is increasingly important to economic
    growth and productivity in the United States and other nations;
        Since the United States is the world leader in the
    technological development of computer software and in the
    production and sale of computer software;
        Since the United States has since 1964 considered computer
    software a work of authorship protected by copyright and this
    form of intellectual property right protection has served to
    encourage continuing research, development, and innovation of
    computer software;
        Since copyright protection is afforded computer software by
    most industrialized nations including Japan, the Netherlands,
    France, the Federal Republic of Germany, the United Kingdom,
    South Africa, Hungary, Taiwan, and Australia;
        Since Japan is reviewing a proposal to abandon copyright
    protection of software and to adopt a system that rejects the
    principle that software is a work of authorship;
        Since Japan is reviewing a proposal that also provides
    broadly for the compulsory licensing of software; and
        Since the enactment by Japan of such a proposal could
    prompt the adoption of similar proposals by other nations
    currently considering this question, with serious adverse
    effects on the existing international order for the protection
    of intellectual property rights: Now, therefore, be it
        Declared that it is the sense of the Congress that--
              (1) copyright protection is an essential form of
            intellectual property right protection for computer
            software;
              (2) any proposal to abandon copyright protection of
            software or to provide a new system of legal protection
            that incorporates compulsory licensing of software
            would (A) disserve the goal of promoting continuing
            development and innovation in computer software; (B)
            undermine the international consensus that computer
            software is a work of authorship protected by
            copyright; (C) result in economic harm to the computer
            software industry of the United States, and also of
            Japan and of other nations; and (D) contribute to
            increasing trade tensions among the nations of the
            world; and
              (3) if a nation withdraws copyright protection of
            software or provides for broad compulsory licensing of
            software, it would be in the interests of the United
            States and other nations to seek appropriate relief,
            including that provided under the Universal Copyright
            Convention, to ensure the just protection of
            intellectual property rights and the promotion of free
            and fair trade.
                  (16) International Trade and Investment Act

    Partial text of Title III of Public Law 98-573 [Trade and Tariff Act of
    1984; H.R. 3398], 98 Stat. 2948 at 3000, approved October 30, 1984; as
     amended by sec. 101(h) of Division A of Public Law 105-277 [Treasury
    and General Government Appropriations Act, 1999; H.R. 4328], 112 Stat.
                      2681-524, approved October 21, 1998

      AN ACT To amend the trade laws, authorize the negotiation of trade
    agreements, extend trade preferences, change the tariff treatment with
              respect to certain articles, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act with the following table of contents may be cited as the
    ``Trade and Tariff Act of 1984''.
              * * * * * * *

                 TITLE III--INTERNATIONAL TRADE AND INVESTMENT

    SEC. 301.\1\ SHORT TITLE; AMENDMENT OF TRADE ACT OF 1974.

        (a) This title may be cited as the ``International Trade
    and Investment Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2101 note.
    ---------------------------------------------------------------------------
        (b) Except as otherwise expressly provided, whenever in
    this title an amendment or repeal is expressed in terms of an
    amendment to, or repeal of, a section or other provision, the
    reference shall be considered to be made to a section or other
    provision the Trade Act of 1974.

    SEC. 302.\2\ STATEMENT OF PURPOSES.

        The purposes of this title are--
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 2102 note.
    ---------------------------------------------------------------------------
              (1) To foster the economic growth of, and full
            employment in, the United States by expanding
            competitive United States exports through the
            achievement of commercial opportunities in foreign
            markets substantially equivalent to those accorded by
            the United States;
              (2) to improve the ability of the President--
                      (A) To identify and to analyze barriers to
                    (and restrictions on) United States Trade and
                    investment, and
                      (B) to achieve the elimination of such
                    barriers and restrictions;
              (3) to encourage the expansion of--
                      (A) international trade in services through
                    the negotiation of agreements (both bilateral
                    and multilateral) which reduce or eliminate
                    barriers to international trade in services,
                    and
                      (B) United States service industries in
                    foreign commerce; and
              (4) to enhance the free flow of foreign direct
            investment through the negotiation of agreements (both
            bilateral and multilateral) which reduce or eliminate
            the trade distortive effects of certain investment-
            related measures.
              * * * * * * *

    SEC. 306.\3\ PROVISIONS RELATING TO INTERNATIONAL TRADE IN SERVICES.

        (a)(1) The Secretary of Commerce shall establish a service
    industries development program designated to--
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 2114b.
    ---------------------------------------------------------------------------
              (A) develop, in consultation with other Federal
            agencies as appropriate, policies regarding services
            that are designed to increase the competitiveness of
            United States service industries in foreign commerce;
              (B) develop a data base for assessing the adequacy of
            Government policies and actions pertaining to services,
            including, but not limited to, data on trade, both
            aggregate and pertaining to individual service
            industries;
              (C) collect and analyze, in consultation with
            appropriate agencies, information pertaining to the
            international operations and competitiveness of United
            States service industries, including information with
            respect to--
                      (i) policies of foreign governments toward
                    foreign and United States service industries;
                      (ii) Federal, State, and local regulation of
                    both foreign and United States suppliers of
                    services, and the effect of such regulation on
                    trade;
                      (iii) the adequacy of current United States
                    policies to strengthen the competitiveness of
                    United States service industries in foreign
                    commerce, including export promotion activities
                    in the service sector.
                      (iv) tax treatment of services, with
                    particular emphasis on the effect of United
                    States taxation on the international
                    competitiveness of United States firms and
                    exports;
                      (v) treatment of services under international
                    agreements of the United States;
                      (vi) antitrust policies as such policies
                    affect the competitiveness of United States
                    firms; and
                      (vii) treatment of services in international
                    agreements of the United States;
              (D) conduct a program of research and analysis of
            services-related issues and problems, including
            forecasts and industrial strategies; and
              (E) conduct sectoral studies of domestic service
            industries;
        (2) For purposes of the collection and analysis required by
    paragraph (1), and for the purpose of any reporting the
    Department of Commerce makes under paragraph (3), such
    collection and reporting shall distinguish between income from
    investment and income from noninvestment services.
        (3) On not less than a biennial basis beginning in 1986,
    the Secretary shall prepare a report which analyzes the
    information collected under paragraph (1). Such report shall be
    submitted to the Congress and to the President by not later
    than the date that is 120 days after the close of the period
    covered by the report.
        (4) The Secretary of Commerce shall carry out the
    provisions of this subsection from funds otherwise make
    available to him which may be used for such purposes.
        (5) For purposes of this section, the term ``services''
    economic activities whose outputs are other than tangible
    goods. Such term includes, but not is limited to, banking,
    insurance, transportation, postal and delivery services,\4\
    communications and data processing, retail and wholesale trade,
    advertising, accounting, construction, design, engineering,
    management consulting, real estate, professional services,
    entertainment, education health care, and tourism.
    ---------------------------------------------------------------------------
        \4\ Sec. 633(c) of the Treasury and General Government
    Appropriations Act, 1999 (sec. 101(h) of Division A of Public Law 105-
    277; 112 Stat. 2681-524), inserted ``postal and delivery services''.
    ---------------------------------------------------------------------------
        (b) \5\ * * *
    ---------------------------------------------------------------------------
        \5\ Subsec. (b) redesignated the International Investment Survey
    Act of 1976 as the International Investment and Trade in Services
    Survey Act and made a number of amendments to such Act.
    ---------------------------------------------------------------------------
        (c) \6\ (1)(A) The United States Trade Representative,
    through the interagency trade organization established pursuant
    to section 242(a) of the Trade Expansion Act of 1962 or any
    subcommittee thereof, shall, in conformance with this Act and
    other provisions of law, develop (and coordinate the
    implementation of) United States policies concerning trade in
    services.
    ---------------------------------------------------------------------------
        \6\ 19 U.S.C. 2114c.
    ---------------------------------------------------------------------------
        (B) In order to encourage effective development,
    coordination, and implementation of United States policies on
    trade in services--
              (i) each department or agency of the United States
            responsible for the regulation of any service sector
            industry shall, as appropriate, advise and work with
            the United States Trade Representative concerning
            matters that have come to the department's or agency's
            attention with respect to--
                      (I) the treatment afforded United States
                    service sector interest in foreign markets; or
                      (II) allegations of unfair practices by
                    foreign governments or companies in a service
                    sector; and
              (ii) the Department of Commerce, together with other
            appropriate agencies as requested by the United States
            Trade Representatives, shall provide staff support and
            other assistance for negotiations on service-related
            issues by the United States Trade Representatives and
            the domestic implementation of service-related
            agreements.
        (C) Nothing in this paragraph shall be construed to alter
    any existing authority or responsibility with respect to any
    specific service sector.
        (2)(A) The President shall, as he deems appropriate--
              (i) consult with State governments on issues of trade
            policy, including negotiating objectives an
            implementation of trade agreements, affecting the
            regulatory authority of non-Federal governments, or
            their procurement of goods and services;
              (ii) establish one or more intergovernmental policy
            advisory committees on trade which shall serve as a
            principal forum in which State and local governments
            may consult with the Federal Government with respect to
            the matters described in clause (i); and
              (iii) provide to State and local governments and to
            United States service industries, upon their request,
            advice, assistance, and (except as may be otherwise
            prohibited by law) data, analyses, and information
            concerning United States policies on international
            trade in services.
        (B) \7\ * * *
    ---------------------------------------------------------------------------
        \7\ Subparas. (B) and (C) amended the Trade Act of 1974.
    ---------------------------------------------------------------------------
        (C) \7\ * * *

    SEC. 307.\8\ NEGOTIATING AUTHORITY WITH RESPECT TO FOREIGN DIRECT
                        INVESTMENT.
    ---------------------------------------------------------------------------

        \8\ 19 U.S.C. 2114d.
    ---------------------------------------------------------------------------
        (a) \9\ * * *
    ---------------------------------------------------------------------------
        \9\ Subsec. (a) amended the Trade Act of 1974.
    ---------------------------------------------------------------------------
        (b)(1) If the United States Trade Representative, with the
    advice of the committee established by section 242 of the Trade
    Expansion of 1962 (19 U.S.C. 1872), determines that action by
    the United States is appropriate to respond to any export
    performance requirements of any foreign country or
    instrumentality that adversely affect the economic interests of
    the United States, then the United States Trade Representative
    shall seek to obtain the reduction and elimination of such
    export performance requirements through consultations and
    negotiations with the foreign country or instrumentality
    concerned.
        (2) In addition to the action referred to in subsection
    (1), the United States Trade Representative may impose duties
    or other import restrictions on the products or services of
    such foreign country or instrumentality for such time as he
    determines appropriate, including the exclusion from entry into
    the United States of products subject to such requirements.
        (3) Nothing in paragraph (2) \10\ shall apply to any
    products or services with respect to which--
    ---------------------------------------------------------------------------
        \10\ Sec. 1889 of Public Law 99-514 (100 Stat. 2926) struck out
    ``or paragraph (3)'' at this point.
    ---------------------------------------------------------------------------
              (A) any foreign direct investment (including a
            purchase of land or facilities) has been made directly
            or indirectly by any United States person before the
            date of enactment of this Act, or
              (B) any written commitment relating to a foreign
            direct investment that is binding on the date of
            enactment of this Act has been made directly or
            indirectly by any United States person.
        (4) Whenever the international obligations of the United
    States and actions taken under paragraph (2) make compensation
    necessary or appropriate, compensation may be provided by the
    United States Trade Representative subject to the limitations
    and conditions contained in section 123 of the Trade Act of
    1974 (19 U.S.C. 2133) for providing compensation for actions
    taken under section 203 of that Act.

    SEC. 308.\11\ NEGOTIATION OF AGREEMENTS CONCERNING HIGH TECHNOLOGY
                        INDUSTRIES.

        (a) The President may enter into such bilateral or
    multilateral agreements as may be necessary or appropriate to
    achieve the objectives of this section and the negotiating
    objectives under section 104A(c) of the Trade Act of 1974.
    ---------------------------------------------------------------------------
        \11\ 19 U.S.C. 2114e.
    ---------------------------------------------------------------------------
        (b) \12\ * * *
    ---------------------------------------------------------------------------
        \12\ Subsec. (b) added a new sec. 128, titled ``Modification and
    Continuance of Treatment with Respect to Duties on High Technology
    Products'' to the Trade Act of 1974.
                             (17) Trade Law Reform

    Partial text of Title VI of Public Law 98-573 [Trade and Tariff Act of
       1984; H.R. 3398], 98 Stat. 2948 at 3024, approved October 30, 1984

        AN ACT To amend trade laws, authorize the negotiation of trade
    agreements, extend trade preferences, change the tariff treatment with
              respect to certain articles, and for other purposes.

              * * * * * * *

                           TITLE VI--TRADE LAW REFORM

              Note.--Except for the sections set out below, Title
            VI consists of amendments to the Trade Agreements Act
            of 1979, the Tariff Act of 1930, and to title 28,
            United States Code. The amendments to the Trade
            Agreements Act of 1979, and the Tariff Act of 1930 have
            been incorporated into those Acts.

              * * * * * * *

    SEC. 624. ADJUSTMENTS STUDY.

        The Secretary of Commerce shall undertake a study of the
    current practices that are applied in the making of adjustments
    to purchase prices and exporter's sales prices under section
    772 (d) and (e) (19 U.S.C. 1677a (d) and (e)) and foreign
    market value and constructed value under section 773 (19 U.S.C.
    1677b) in determining antidumping duties. The study shall
    include, but not be limited to--
              (1) a review of the types of adjustments currently
            being made;
              (2) a review of private sector comments and
            recommendations regarding the subject that were made at
            congressional hearings during the first session of the
            ninety-eighth Congress; and
              (3) the manner and extent to which such adjustments
            led to inequitable results.
    Within one year after the date of the enactment of this Act,
    the Secretary of Commerce shall complete the study required
    under this section and shall submit to Congress a written
    report regarding the study and containing such recommendations
    as the Secretary deems appropriate regarding the need, and the
    means, for simplifying and modifying current practices in the
    making of such adjustments.

    SEC. 625. INDUSTRIAL TARGETING STUDIES.

        The Secretary of Commerce, the Secretary of Labor, the
    United States Trade Representative, and the Comptroller General
    of the United States shall each undertake, and submit to the
    Congress not later than June 1, 1985, a comprehensive study of
    the problem of foreign industrial targeting, whereby foreign
    governments adopt plans or schemes of coordinated activities to
    foster and benefit specific industries, and of the desirability
    or need to amend the United States trade laws in order to
    provide effective remedies for domestic industries against the
    adverse effects of such targeting. To the extent consistent
    with agency jurisdiction, such studies shall include, but are
    not limited to--
              (1) an analysis of--
                      (A) whether foreign industrial targeting
                    should be considered as an unfair trade
                    practice under United States law;
                      (B) whether current law, including the
                    remedies under title VII of the Tariff Act of
                    1930, adequately address the subsidy element of
                    foreign industrial policy measures; and
                      (C) the extent to which foreign industrial
                    targeting practices are significantly affecting
                    United States commerce; and
              (2) any recommended legislation considered necessary
            based on the study results.

    SEC. 626. EFFECTIVE DATES.

        (a) Except as provided in subsections (b) and (c), this
    Act, and the amendments made by it, shall take effect on the
    date of the enactment of this Act.
        (b)(1) The amendments made by sections 602, 609, 611, 612,
    and 620 shall apply with respect to investigations initiated by
    petition or by the administering authority under subtitles A
    and B of title VII of the Tariff Act of 1930 on or after such
    effective date.
        (2) The amendments made by section 623 shall apply with
    respect to civil actions pending on, or filed on or after, the
    date of the enactment of this Act.
        (c)(1) No provision of title VII of the Tariff Act of 1930
    shall be interpreted to prevent the refiling of a petition
    under section 702 or 732 of that title that was filed before
    the date of the enactment of this title, if the purpose of such
    refiling is to avail the petitioner of the amendment made by
    section 612(a)(1).
        (2) The amendment made by section 612(a)(1) shall not apply
    with respect to petitions filed (or refiled under paragraph
    (1)) under section 702 or 732 of the Tariff Act of 1930 after
    September 30, 1986.
                      (18) Steel Import Stabilization Act

      Title VIII of Public Law 98-573 [Trade and Tariff Act of 1984; H.R.
    3398], 98 Stat. 2948 at 3043, approved October 30, 1984; as amended by
    Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; H.R.
    4848], 102 Stat. 1107, approved August 23, 1988; and Public Law 101-221
    [Steel Trade Liberalization Program Implementation Act; H.R. 3275], 103
                     Stat. 1886, approved December 12, 1989

        AN ACT To amend trade laws, authorize the negotiation of trade
    agreements, extend trade preferences, change the tariff treatment with
              respect to certain articles, and for other purposes.

              * * * * * * *

    TITLE VIII--ENFORCEMENT AUTHORITY FOR THE NATIONAL POLICY FOR THE STEEL
                                    INDUSTRY

    SEC. 801.\1\ SHORT TITLE.

        This title may be cited as the ``Steel Import Stabilization
    Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2253 note.
    ---------------------------------------------------------------------------

    SEC. 802.\1\,\2\ FINDINGS AND PURPOSES.

        (a) The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ Sec. 2(a) of Public Law 101-221 (103 Stat. 1886) amended and
    restated sec. 802.
    ---------------------------------------------------------------------------
              (1) since 1984, the United States steel industry has
            made significant progress toward adjustment, through
            modernization of production facilities, elimination of
            excess capacity, reduction of production costs, and
            improvement of productivity;
              (2) an extension of import relief, through
            transitional bilateral arrangements, for a period of
            two and one-half years will facilitate the steel
            industry's continued modernization and worker
            retraining;
              (3) liberalization of market access during the period
            of transitional bilateral arrangements, with
            preferential treatment for countries who support fair
            and open trade, will held ensure an orderly return to
            an open market;
              (4) the negotiation of an international consensus
            through the Uruguay Round of trade negotiations and
            through bilateral agreements to address subsidies and
            tariff and nontariff barriers will strengthen the
            international trading system and conditions of global
            steel trade; and
              (5) the termination of transitional bilateral
            arrangements by March 31, 1992, and the full and
            forceful application of the United States unfair trade
            laws, will protect the United States national interest
            in preserving conditions of fair and open trade in the
            United States market.
        (b) The purposes of this title are--
              (1) to endorse the principles and goals of the steel
            trade liberalization program as announced by the
            President on July 25, 1989,\3\ and provided for its
            implementation;
    ---------------------------------------------------------------------------
        \3\ On July 25, 1989, the President issued a memorandum for the
    United States Trade Representative (reprinted in Weekly Compilation of
    Presidential Documents, July 31, 1989, vol. 25, number 30, p. 1155),
    which stated:
        ``I have decided to establish a two and one-half year Steel Trade
    Liberalization Program and hereby direct the United States Trade
    Representative (USTR) to begin immediately its implementation. The
    program is designed to phase out in a responsible and orderly manner
    the voluntary restraint arrangements (VRAs) that currently limit steel
    imports into the U.S. market, and to negotiate an international
    consensus to remove unfair trade practices.
        ``1. Transitional Voluntary Restraint Arrangements. The USTR shall
    negotiate extensions of VRAs for a transitional period of two and one-
    half years. During this period, the overall ceiling on imports from VRA
    countries will be increased at an annual rate of one percentage point.
    This increase will be allocated to countries that undertake and abide
    by acceptable multilateral or bilateral disciplines with respect to
    unfair trade practices and market access. The allocation of this one-
    percentage-point annual increase may be delayed, if necessary, as
    leverage to achieve acceptable disciplines.
        ``2. International Consensus. The United States Trade
    Representative shall seek to negotiate an international consensus to
    provide for both fair and open trade in steel. This consensus, which
    should be pursued through the Uruguay Round of Multilateral Trade
    Negotiations and complementary bilateral agreements, will provide
    effective disciplines over trade-distorting subsidies, as well as
    reductions in tariff and non-tariff barriers to international steel
    trade.
        ``3. Expiration Date. The voluntary restraint arrangements will be
    terminated no later than March 31, 1992. Thereafter, U.S. steel
    producers will rely on domestic trade laws to remedy foreign trade-
    distorting practices.
        ``4. Legislation. The Administration will support the extension of
    existing legislation to make such transitional voluntary restraint
    arrangements enforceable at our borders, as well as to encourage
    continued industry modernization and worker retraining.
        ``5. Impact on Steel Users. The USTR shall implement the program in
    a way that recognizes the legitimate concerns of U.S. steel consumers.
    In particular, the existing short supply mechanism will be liberalized
    and streamlined.
        ``6. Enforcement. The Department of Commerce shall continue to
    enforce rigorously our unfair trade laws to prevent injurious dumping
    and subsidization.
        ``7. Monitoring. The United State International Trade Commission
    will be asked to continue to monitor the efforts of the steel industry
    to adjust and modernize, and to prepare an annual report for the
    President on those efforts.
        ``The Steel Trade Liberalization Program described above is
    designed to establish the conditions for fair and open steel trade
    throughout the world, so that steel can be produced and traded on the
    basis of market forces, rather than governmental aid and intervention.
        ``The USTR shall coordinate and implement this program in
    consultation with the appropriate Economic Policy Council agencies.''.
    ---------------------------------------------------------------------------
              (2) to grant specific enforcement powers to the
            President to carry out the terms and conditions of
            bilateral arrangements entered into for purposes of
            implementing that program; and
              (3) to make the continuation of those powers subject
            to the condition that the steel industry continue to
            modernize its plant and equipment and provide for
            appropriate worker retraining.

    SEC. 803.\1\,\4\ SENSE OF CONGRESS REGARDING THE STEEL TRADE
                        LIBERALIZATION PROGRAM.

        (a) The Congress support the full and effective
    implementation of the steel trade liberalization program.
    ---------------------------------------------------------------------------
        \4\ Sec. 2(b) of Public Law 101-221 (103 Stat. 1887) amended and
    restated sec. 803.
    ---------------------------------------------------------------------------
        (b) It is the sense of the Congress that the steel trade
    liberalization program should be implemented in a manner which
    provides for liberalized market access for steel products
    during the period in which bilateral arrangements remain
    authorized in order to prepare for the eventual termination of
    such arrangements in 1992 and reliance thereafter on market
    forces and the full enforcement of United States trade laws. In
    particular, liberalized market access should be provided to
    those foreign countries that work with the United States to
    achieve the goals referred to in subsection (c).
        (c) It is further the sense of the Congress that the United
    States Trade Representative should promptly conduct
    negotiations, through the Uruguay Round of negotiations under
    the General Agreement on Tariffs and Trade and through
    complementary bilateral arrangements, to seek an international
    consensus regarding steel trade that provides for--
              (1) strong disciplines over trade-distorting
            government subsidies;
              (2) the lowering of trade barriers so as to ensure
            market access; and
              (3) enforcement measures to deal with violations of
            consensus obligations.
        (d) The President shall provide to the Congress an annual
    assessment of the progress of the negotiations referred to in
    subsection (c). The President may include the assessment in the
    annual report required under section 163(a) of the Trade Act of
    1974 (19 U.S.C. 2139a)) regarding the trade agreements program.

    SEC. 804.\1\ DEFINITIONS.

        As used in this title--
              (1) The term ``bilateral arrangement'' means any
            arrangement, agreement, or understanding (including,
            but not limited to, any surge control understanding or
            suspension agreement) entered into or undertaken, or
            previously entered into or undertaken, by the United
            States and any foreign country or customs union
            containing such quantitative limitations, restrictions,
            or other terms relating to the importation into, or
            exportation to, the United States of categories of
            steel products as may be necessary to implement the
            national policy for the steel industry or the steel
            trade liberalization program.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 5(1) of Public Law 101-221 (103 Stat. 1889) inserted ``or
    the steel trade liberalization program''.
    ---------------------------------------------------------------------------
              (2) The term ``national policy for the steel
            industry'' means those actions and elements described
            in Executive Communication 4046, dated September 18,
            1984 (printed as House Document 98-263).
              (3) The term ``steel industry'' means producers in
            the United States of steel products.
              (4) The term ``steel trade liberalization program''
            means the program, announced by the President on July
            25, 1989,\3\ designed to achieve an orderly transition
            to open markets, the continued modernization and
            adjustment of the steel industry, and the negotiation
            of an international consensus to restore fair and open
            steel trade.

    SEC. 805.\1\ ENFORCEMENT AUTHORITY.

        (a) Subject to section 806, the President is authorized to
    carry out such actions as may be necessary or appropriate to
    enforce the quantitative limitations, restrictions, and other
    terms agreed to between the United States and steel-exporting
    nations as contained in bilateral arrangements. Such actions
    may include, but are not limited to, requirements that valid
    export licenses or other documentation issued by a foreign
    government be presented as a condition for the entry into the
    United States of steel products. The President is further
    authorized to carry out, between October 1, 1989, and the date
    of the concluding of any bilateral agreement, such actions as
    may be necessary or appropriate to ensure an orderly transition
    to that arrangement.\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 4(a) of Public Law 101-221 (103 Stat. 1888) added this
    sentence.
    ---------------------------------------------------------------------------
        (b) \7\ (1) If--
    ---------------------------------------------------------------------------
        \7\ Sec. 4(b) of Public Law 101-221 (103 Stat. 1888) amended and
    restated subsec. (b).
    ---------------------------------------------------------------------------
              (A) a bilateral arrangement includes a provision
            relating to short supply situations; and
              (B) the Secretary of Commerce (hereinafter in this
            subsection referred to as the ``Secretary'')
            determines, in accordance with this subsection, that a
            short supply situation exists in the United States with
            respect to a steel product that is subject to a
            quantitative limitation under such arrangement;
    the Secretary shall authorize the importation of additional
    quantities of that product without regard to any aggregate
    quantitative import limitation in effect under such
    arrangement.
        (2) In determining under this subsection whether a short
    supply situation exists in the United States with respect to a
    steel product, the Secretary shall take into account all
    relevant factors, including--
              (A) (to the extent information is available) the
            recent levels of capacity utilization for domestic
            facilities producing the product;
              (B) the quantity of the steel product requested in a
            short supply petition and the ability of domestic
            producers to supply the product in such quantity;
              (C) the willingness of a domestic producer to supply
            the steel product at a price which is not an aberration
            from prevailing domestic market prices;
              (D) reasonable specification requested by the
            purchased or any end user; and
              (E) delivery times to the purchaser and any end user
            of the steel product.
        (3)(A) A petition requesting a determination under this
    subsection may be filed with the Secretary. The petition must
    be in such form and contain such relevant information as the
    Secretary requires.
        (B) If the Secretary considers that a petition filed under
    subparagraph (A) is adequate,the Secretary shall promptly cause
    to be published in the Federal Register a notice that a
    determination under this subsection with respect to the steel
    product concerned is under consideration.
        (C) The Secretary shall provide opportunity for comment by
    interested persons regarding the issues raised in a petition.
        (D)(i) The petitioner shall certify that the factual
    information contained in the petition and any additional
    submission is accurate and complete to the best of the
    petitioner's knowledge.
        (ii) An interested person shall certify that the factual
    information submitted by that person to the Secretary is
    accurate and complete to the best of the person's knowledge.
        (4)(A) If an adequate petition is filed under paragraph
    (3)(A), the Secretary shall determine, not later than the day
    specified in subparagraph (B)--
              (i) whether a short supply situation exists in the
            United States with respect to the steel product; and
              (ii) if the determination under clause (i) is
            affirmative, the quantity of the steel product that the
            secretary will authorize for importation.
        (B) The Secretary must make a determination with respect to
    a petition not later than--
              (i) the 15th day after the day on which the petition
            is filed if--
                      (I) the raw steel making capacity utilization
                    in the United states equals or exceeds 90
                    percent,
                      (II) the importation of additional quantities
                    of the steel product was authorized by the
                    Secretary during each of the 2 immediately
                    preceding years, or
                      (III) the Secretary finds, on the basis of
                    available information (and whether or not in
                    the context of a determination under this
                    subsection), that the steel product is not
                    produced in the United States; or
              (ii) the 30th day after the day on which the petition
            was filed if neither subclause (I), (II), or (III) of
            clause (i) applies.
        (C) In making a determination with respect to which
    subparagraph (B)(i) applies, the Secretary shall apply a
    rebuttable presumption that the short supply situation alleged
    in the petition exists.
        (D) The Secretary shall cause to be published in the
    Federal Register notice of each determination made under this
    subsection setting forth the reasons for the determination.
        (5) If under this subsection the Secretary authorized the
    importation of a specified quantity of a steel product, the
    Secretary shall notify a representative of the appropriate
    foreign government and issue to the petitioner the necessary
    documentation to permit the importation of that quantity.
        (6) The Secretary shall prescribe regulations to carry out
    this subsection. The interim text of such regulations shall be
    issued on or before the 30th day after the date of enactment of
    the Steel Trade Liberalization Program Implementation Act. The
    regulations shall provide for transparency and fairness in the
    process of making short supply determinations, and shall be
    consistent with the President's announcement on July 25,
    1989,\3\ establishing the steel trade liberalization program.
        (c) For purposes of carrying out this title, the Secretary
    of the Treasury, in consultation with the Secretary of
    Commerce, shall provide \8\ by regulation for the terms and
    conditions under which steel products may be denied entry into
    the United States.
    ---------------------------------------------------------------------------
        \8\ Sec. 5(c)(1) of Public Law 101-221 (103 Stat. 1889) struck out
    ``may provide'' and inserted in lieu thereof ``, the Secretary of the
    Treasury, in consultation with the Secretary of Commerce, shall
    provide''.
    ---------------------------------------------------------------------------
        (d) \9\ (1) Any steel product that is manufactured in a
    country that is not party to a bilateral arrangement from steel
    which was melted and poured in a country that is party to a
    bilateral arrangement (hereafter in this subsection referred to
    as an ``arrangement country'') may be treated for purposes of
    the quantitative restrictions and related terms under that
    arrangement as if it were a product of the arrangement country.
    ---------------------------------------------------------------------------
        \9\ Sec. 1322 of Public Law 100-418 (102 Stat. 1195) added subsec.
    (d).
    ---------------------------------------------------------------------------
        (2) The President may implement such procedures as may be
    necessary or appropriate to carry out the purpose of paragraph
    (1).
        (3) The United States Trade Representative may, in a manner
    consistent with the purpose of any so-called `third country
    equity provision' of an arrangement entered into under the
    steel trade liberalization program,\10\ take such actions as he
    deems necessary with respect to steel imports of any other
    country or countries so as to ensure the effectiveness of any
    portion of such arrangement.
    ---------------------------------------------------------------------------
        \10\ Sec. 5(c)(2) of Public Law 101-221 (103 Stat. 1889) struck out
    ``President's Steel Policy'' and inserted in lieu thereof ``steel trade
    liberalization program''. See also note 3.
    ---------------------------------------------------------------------------

    SEC. 806.\1\ EFFECTIVE PERIOD OF TITLE.

        (a) In General.--Section 805 shall terminate--
              (1) at the close of March 31, 1992; \11\ or
    ---------------------------------------------------------------------------
        \11\ Sec. 3(a)(1) of Public Law 101-221 (103 Stat. 1887) struck out
    ``the fifth anniversary of the effective date of this title'' and
    inserted in lieu thereof ``March 31, 1992''.
    ---------------------------------------------------------------------------
              (2) \12\ at the close of the first, second, third,
            fourth, fifth, sixth, or seventh \13\ anniversary of
            the effective date of this title, unless the President,
            before each such anniversary, submits to the Committee
            on Ways and Means of the House of Representatives and
            the Committee on Finance of the Senate (in writing and
            together with the reasons therefor) an affirmative
            annual determination described in subsection (b).
    ---------------------------------------------------------------------------
        \12\ Sec. 3(b) of Public Law 101-221 (103 Stat. 1887; 19 U.S.C.
    2253) provided the following:
        ``(b) Special Provision.--If the Steel Trade Liberalization Program
    Implementation Act is not enacted on or before October 1, 1989, then
    section 806(a)(2) of the Steel Import Stabilization Act (as amended by
    subsection (a)) shall be applied by treating the reference therein to
    the close of the fifth anniversary of the effective date of the Steel
    Import stabilization Act as a reference to the close of the 30th day
    after the date of the enactment of the Steel Trade Liberalization
    Program Implementation Act.''. [Public Law 101-221; enacted December
    12, 1989.]
        \13\ Sec. 3(a)(2) of Public Law 101-221 (103 Stat. 1887) struck out
    ``or fourth'' and inserted in lieu thereof ``fourth, fifth, sixth, or
    seventh''.
    ---------------------------------------------------------------------------
        (b)(1) An affirmative annual determination is a
    determination by the President that--
              (A) the major companies of the steel industry, taken
            as a whole, have, during the 12-month period ending at
            the close of an anniversary referred to in subsection
            (a)(2)--
                      (i) committed substantially all of their net
                    cash flow from steel product operations for
                    purposes of reinvestment in, and modernization
                    of, that industry through investment in modern
                    plant and equipment, research and development,
                    and other appropriate projects, such as working
                    capital for steel operations and programs for
                    the retraining of workers; and
                      (ii) taken sufficient action to maintain
                    their international competitiveness, including
                    action to produce price-competitive and
                    quality-competitive products, to control costs
                    of production, including employment costs, and
                    to improve productivity; and
              (B) each of the major companies committed for the
            applicable 12-month period not less than 1 percent of
            net cash flow to the retraining of workers; except that
            this requirement may be waived by the President with
            respect to a major company in noncompliance, if he
            finds unusual economic circumstances exist with respect
            to that company; and
              (C) the enforcement authority provided under section
            905 remains necessary to maintain the effectiveness of
            bilateral arrangements undertaken to eliminate unfair
            trade practices in the steel sector.
        (2) For purposes of this subsection--
              (A) \14\ The term ``major company'' means an
            enterprise that produces iron and steel and whose raw
            steel production in the United States during 1988
            exceeded 2,000,000 net tons.
    ---------------------------------------------------------------------------
        \14\ Sec. 6(a)(1) of Public Law 101-221 (103 Stat. 1890) amended
    and restated clause (A). Sec. 6(b) of Public Law 101-221 also provided
    the following:
        ``(b) Special Rule.--The amendment made by subsection (a)(1) shall
    not affect the definition of `qualified corporation' contained in
    section 212(g)(1)(A) of the Tax Reform Act of 1986.''.
    ---------------------------------------------------------------------------
              (B) The term ``net cash flow'' means annual net
            (after-tax) income plus depreciation, depletion
            allowances, amortization, and changes in reserves minus
            dividends and payments on short-term and long-term
            debts and liabilities.
        (3) For purposes of carrying out this subsection, the
    President shall take into account such information as may be
    available from the United States International Trade Commission
    and other appropriate sources relating to the modernization
    efforts of the steel industry.

    SEC. 807.\1\ DEPARTMENT OF LABOR WORKER ASSISTANCE PLAN.

        Within 6 months after the effective date of this title, the
    Secretary of Labor shall prepare (in consultation with the
    Steel Advisory Committee established on November 3, 1983, by
    the Secretary of Commerce and the Secretary of Labor (48 F.R.
    51165)) and submit to the Congress a proposed plan of action
    for assisting workers in communities that are adversely
    affected by imports of steel products; which assistance shall
    include retraining and relocation for former workers in the
    steel industry who will likely be unable to return to
    employment in that industry. The plan required under this
    section shall be based upon existing authorities for providing
    such assistance, but shall be accompanied by such
    recommendations for additional statutory authority as the
    Secretary of Labor considers necessary to carry out the
    purposes of the plan.

    SEC. 808.\1\ EFFECTIVE DATE.

        This title shall take effect on October 1, 1984.
               (19) Wine Equity and Export Expansion Act of 1984

       Title IX of Public Law 98-573 [Trade and Tariff Act of 1984; H.R.
            3398], 98 Stat. 2948 at 3047, approved October 30, 1984

        AN ACT To amend trade laws, authorize the negotiation of trade
    agreements, extend trade preferences, change the tariff treatment with
              respect to certain articles, and for other purposes.

              * * * * * * *

                              TITLE IX--WINE TRADE

    SEC. 901. SHORT TITLE.

        This title may be cited as the ``Wine Equity and Export
    Expansion Act of 1984''.

    SEC. 902.\1\ CONGRESSIONAL FINDINGS AND PURPOSES.

        (a) Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2801.
    ---------------------------------------------------------------------------
              (1) there is a substantial imbalance in international
            wine trade resulting, in part, from the relative
            accessibility enjoyed by foreign wines to the United
            States market while the United States wine industry
            faces restrictive tariff and nontariff barriers in
            virtually every existing or potential foreign market;
              (2) the restricted access to foreign markets and the
            continued low prices for United States wine and grape
            products adversely affect the economic position of our
            Nation's winemakers and grape growers, as well as all
            other domestic sectors that depend upon wine
            production;
              (3) the competitive position of United States wine in
            international trade has been weakened by foreign trade
            practices, high domestic interest rates, and
            unfavorable foreign exchange rates;
              (4) wine consumption per capita is very low in many
            major non-wine producing markets and the demand
            potential for United States wine is significant; and
              (5) The United States winemaking industry has the
            capacity and the ability to export substantial volumes
            of wine and an increase in United States wine export
            will create new jobs, improve this Nation's balance of
            trade, and otherwise strengthen the national economy.
        (b) The purposes of this title are--
              (1) to provide wine consumers with the greatest
            possible choice of wines from wine-producing countries;
              (2) to encourage the initiation of an export
            promotion program to develop, maintain, and expand
            foreign markets for United States wine; and
              (3) to achieve greater access to foreign markets for
            United States wine and grape products through the
            reduction or elimination of tariff barriers and
            nontariff barriers to (or other distortions of) trade
            in wine.

    SEC. 903.\2\ DEFINITIONS.

        For purposes of this title--
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 2802.
    ---------------------------------------------------------------------------
              (1) The term ``Committees'' means the Committee on
            Ways and Means of the House of Representatives and the
            Committee on Finance of the Senate.
              (2) The term ``grape product'' means grapes and any
            product (other than wine) made from grapes, including,
            but not limited to, raisins and grape juice, whether or
            not concentrated.
              (3) The term ``major wine trading country'' means any
            foreign country, or group of foreign countries,
            designated as such under section 904.
              (4) The phrase ``nontariff barrier to (or other
            distortion of)'', in the context of trade in United
            States wine, includes any measure implemented by the
            government of a major wine trading country that either
            gives a competitive advantage to the wine industry of
            that country or restricts the importation of United
            States wine into that country.
              (5) The term ``Trade Representative'' means the
            United States Trade Representative.
              (6) The term ``United States wine'' means wine
            produced within the customs territory of the United
            States.
              (7) The term ``wine'' means any fermented alcoholic
            beverage that--
                      (A) is made from grapes or other fruit;
                      (B) contains not less than 0.5 percent
                    alcohol by volume and not more than 24 percent
                    alcohol by volume, including all dilutions and
                    mixtures thereof by whatever process produced;
                    and
                      (C) is for nonindustrial use.

    SEC. 904.\3\ DESIGNATION OF MAJOR WINE TRADING COUNTRIES.

        (a) The Trade Representative shall designate as a major
    wine trading country each foreign country, or group of foreign
    countries represented as an economic union, that, in the
    judgment of the Trade Representative--
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 2803.
    ---------------------------------------------------------------------------
              (1) is a potential significant market for United
            States wine; and
              (2) maintains tariff or nontariff barriers to (or
            other distortions of) trade in United States wine.
        (b) In deciding, for purposes of subsection (a)(2), whether
    a foreign country or group of countries maintains nontariff
    barriers to (or other distortions of) trade in United States
    wine, the Trade Representative shall take into account--
              (1) the review and report required under section
            854(a) of the Trade Agreements Act of 1979 (19 U.S.C.
            2135 note);
              (2) such relevant actions that may have been taken by
            that country or group since that review was conducted;
            and
              (3) such information as may be submitted under
            section 906 by representatives of the wine and grape
            products industries in the United States, as well as
            other sources.

    SEC. 905.\4\ ACTIONS TO REDUCE OR ELIMINATE TARIFF AND NONTARIFF
                        BARRIERS AFFECTING UNITED STATES WINE.

        (a) The President shall direct the Trade Representative to
    enter into consultations with each major wine trading country
    to seek a reduction or elimination of that country's tariff
    barriers and nontariff barriers to (or other distortions of)
    trade in United States wine.
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 2804.
    ---------------------------------------------------------------------------
        (b)(1) the President shall notify each of the Committees
    regarding the extent and effect of the efforts undertaken since
    the submission of the report required under section 854(a) of
    the Trade Agreements Act of 1979, and during the 12-month
    period beginning on the date of the enactment of this Act, to
    expand opportunities in each major wine trading country for
    exports of United States wine. Such notification, which shall
    be in the form of a separate written report (that must be
    submitted within 30 days after the close of that 12-month
    period) for each major wine trading country, shall include--
              (A) a description of each act, policy, and practice
            (and of its legal basis and operation) in that country
            that constitutes a tariff barrier or nontariff barrier
            to (or other distortion of) trade in United States wine
            (and that description shall be based upon an updating
            of the report that was submitted to the Congress under
            section 854(a) of the Trade Agreements Act of 1979);
              (B) an assessment of the extent to which each such
            act, policy, or practice is subject to international
            agreements to which the United States is a party;
              (C) information with respect to any action taken, or
            proposed to be taken, under existing authority to
            eliminate or reduce each such act, policy, or practice,
            including, but not limited to--
                      (i) any action under the Trade Act of 1974,
                    and
                      (ii) any negotiation or consultation with any
                    foreign government;
              (D) if action referred to in subparagraph (C) was not
            taken, an explanation of the reasons therefore; and
              (E) recommendations to the Congress of any additional
            legislative authority or other action which the
            President believes is necessary and appropriate to
            obtain in elimination or reduction of foreign tariff
            barriers or nontariff barriers to (or other distortions
            of) trade in United States wine.
        (2) The reports required under paragraph (1) shall be
    developed and coordinated by the Trade Representative through
    the inter-agency trade organization established by section
    242(a) of the Trade Expansion Act of 1962.
        (c) If the President, after taking into account information
    and advice received under subsections (a) and (b), section 906
    or from other sources, determines that action is appropriate to
    respond to any act, policy or practice of a major wine trading
    country constitutes a tariff barrier or nontariff barrier to
    (or other distortion of) trade in United States wine and--
              (1) is inconsistent with the provisions of, or
            otherwise denies benefits to the United States under,
            any trade agreement; or
              (2) is unjustifiable, unreasonable, or discriminatory
            and burdens or restricts United States commerce;
    the President, shall take all appropriate and feasible action
    under the Trade Act of 1974 to enforce the rights of the United
    States under any such trade agreement or to obtain the
    elimination of such act, policy, or practice.

    SEC. 906.\5\ REQUIRED CONSULTATIONS.

        The Trade Representative shall consult with the Committees
    and with representatives of the wine and grape products
    industries in the United States--
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 2805.
    ---------------------------------------------------------------------------
              (1) before identifying tariff barriers and nontariff
            barriers to (or other distortions of) trade in United
            States wine and designating major wine trading
            countries under section 904;
              (2) in developing the reports required under section
            905(b); and
              (3) for purposes of determining whether action by the
            President is appropriate under any provision of the
            Trade Act of 1974 with respect to any act, policy, or
            practice referred to in section 905(b)(1).

    SEC. 907.\6\ UNITED STATES WINE EXPORT PROMOTION.

        In order to develop, maintain, and expand foreign markets
    for United States wine, the President is encouraged to--
    ---------------------------------------------------------------------------
        \6\ 19 U.S.C. 2806.
    ---------------------------------------------------------------------------
              (1) utilize, for the fiscal year ending September 30,
            1985, the authority provided under section 135 of the
            Omnibus Budget Reconciliation Act of 1982 to make
            available sufficient funds to initiate, in cooperation
            with nongovernmental trade associations representative
            of United States wineries, an export promotion program
            for United States; and
              (2) request, for each subsequent fiscal year, an
            appropriation for such a wine export promotion program
            that will not be at the expense of any appropriations
            requested for export promotion programs involving other
            agriculture commodities.
                    (20) Export Trading Company Act of 1982

    Public Law 97-290 [S. 734], 96 Stat. 1233, approved October 8, 1982; as
      amended by Public Law 98-181 [Export-Import Bank Act Amendments of
      1983; H.R. 3959], 97 Stat. 1153 at 1257, approved November 30, 1983

    AN ACT To encourage exports by facilitating the formation and operation
        of export trading companies, export trade associations, and the
                 expansion of export trade services generally.

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

                          TITLE I--GENERAL PROVISIONS

                                  short title

        Section 101. This title may be cited as the ``Export
    Trading Company Act of 1982''.

                        findings; declaration of purpose

        Sec. 102.\1\ (a) The Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 4001.
    ---------------------------------------------------------------------------
              (1) United States exports are responsible for
            creating and maintaining one out of every nine
            manufacturing jobs in the United States and for
            generating one out of every seven dollars of total
            United States goods produced;
              (2) the rapidly growing service-related industries
            are vital to the well-being of the United States
            economy inasmuch as they create jobs for seven out of
            every ten Americans, provide 65 per centum of the
            Nation's gross national product, and offer the greatest
            potential for significantly increased industrial trade
            involving finished products;
              (3) trade deficits contribute to the decline of the
            dollar on international currency markets and have an
            inflationary impact on the United States economy;
              (4) tens of thousands of small- and medium-sized
            United States businesses produce exportable goods or
            services but do not engage in exporting;
              (5) although the United States is the world's leading
            agricultural exporting nation, many farm products are
            not marketed as widely and effectively abroad as they
            could be through export trading companies;
              (6) export trades services in the United States are
            fragmented into a multitude of separate functions, and
            companies attempting to offer export trade services
            lack financial leverage to reach a significant number
            of potential United States exporters;
              (7) the United States needs well-developed export
            trade intermediaries which can achieve economies of
            scale and acquire expertise enabling them to export
            goods and services profitably, at low per unit cost to
            producers;
              (8) the development of export trading companies in
            the United States has been hampered by business
            attitudes and by Government regulations;
              (9) those activities of State and local governmental
            authorities which initiate, facilitate, or expand
            exports of goods and services can be an important
            source for expansion of total United States exports, as
            well as for experimentation in the development of
            innovative export programs keyed to local, State, and
            regional economic needs;
              (10) if United States trading companies are to be
            successful in promoting United States exports and in
            competing with foreign trading companies, they should
            be able to draw on the resources, expertise, and
            knowledge of the United States banking system, both in
            the United States and abroad; and
              (11) the Department of Commerce is responsible for
            the development and promotion of United States exports,
            and especially for facilitating the export of finished
            products by United States manufacturers.
        (b) It is the purpose of this Act to increase United States
    exports of products and services by encouraging more efficient
    provision of export trade services to United States producers
    and suppliers, in particular by establishing an office within
    the Department of Commerce to promote the formation of export
    trade associations and export trading companies, by permitting
    bank holding companies, bankers' banks, and Edge Act
    corporations and agreement corporations that are subsidiaries
    of bank holding companies to invest in export trading
    companies, by reducing restrictions on trade financing provided
    by financial institutions, and by modifying the application of
    the antitrust laws to certain export trade.

                                  definitions

        Sec. 103.\2\ (a) For purposes of this title--
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 4002.
    ---------------------------------------------------------------------------
              (1) the term ``export trade'' means trade or commerce
            in goods or services produced in the United States
            which are exported, or in the course of being exported,
            from the United States to any other country;
              (2) the term ``services'' includes, but is not
            limited to, accounting, amusement, architectural,
            automatic data processing, business, communications,
            construction franchising and licensing, consulting,
            engineering, financial, insurance, legal, management,
            repair, tourism, training, and transportation services;
              (3) the term ``export trade services'' includes, but
            is not limited to, consulting, international market
            research, advertising, marketing, insurance, product
            research and design, legal assistance, transportation,
            including trade documentation and freight forwarding,
            communication and processing of foreign orders to and
            for exporters and foreign purchasers, warehousing,
            foreign exchange, financing, and taking title to goods,
            when provided in order to facilitate the export of
            goods or services produced in the United States;
              (4) the term ``export trading company'' means a
            person, partnership, association, or similar
            organization, whether operated for profit or as a
            nonprofit organization, which does business under the
            laws of the United States or any State and which is
            organized and operated principally for purposes of--
                      (A) exporting goods or services produced in
                    the United States; or
                      (B) facilitating the exportation of goods or
                    services produced in the United States by
                    unaffiliated persons by providing one or more
                    export trade services;
              (5) the term ``State'' means any of the several
            States of the United States, the District of Columbia,
            the Commonwealth of Puerto Rico, the Virgin Islands,
            American Samoa, Guam, the Commonwealth of the Northern
            Mariana Islands, and the Trust Territory of the Pacific
            Islands;
              (6) the term ``United States'' means the several
            States of the United States, the District of Columbia,
            the Commonwealth of Puerto Rico, the Virgin Islands,
            American Samoa, Guam, the Commonwealth of the Northern
            Mariana Islands, and the Trust Territory of the Pacific
            Islands; and
              (7) the term ``antitrust laws'' means the antitrust
            laws as defined in subsection (a) of the first section
            of the Clayton Act (15 U.S.C. 12(a)), section 5 of the
            Federal Trade Commission Act (15 U.S.C. 45) to the
            extent that section 5 applies to unfair methods of
            competition, and any State antitrust or unfair
            competition law.
        (b) The Secretary of Commerce may by regulation further
    define any term defined in subsection (a), in order to carry
    out this title.

                office of export trade in department of commerce

        Sec. 104.\3\ The Secretary of Commerce shall establish
    within the Department of Commerce an office to promote and
    encourage to the greatest extent feasible the formation of
    export trade associations and export trading companies. Such
    office shall provide information and advice to interested
    persons and shall provide a referral service to facilitate
    contact between producers of exportable goods and services and
    firms offering export trade services.
    ---------------------------------------------------------------------------
        \3\ 15 U.S.C. 4003.
    ---------------------------------------------------------------------------

                         TITLE II--BANK EXPORT SERVICES

                                  short title

        Sec. 201. This title may be cited as the ``Bank Export
    Services Act''.
        Sec. 202.\4\ The Congress hereby declares that it is the
    purpose of this title to provide for meaningful and effective
    participation by bank holding companies, bankers' banks, and
    Edge Act corporations, in the financing and development of
    export trading companies in the United States. In furtherance
    of such purpose, the Congress intends that, in implementing its
    authority under section 4(c)(14) of the Bank Holding Company
    Act of 1956, the Board of Governors of the Federal Reserve
    System should pursue regulatory policies that--
    ---------------------------------------------------------------------------
        \4\ 12 U.S.C. 1843 note.
    ---------------------------------------------------------------------------
              (1) provide for the establishment of export trading
            companies with powers sufficiently broad to enable them
            to compete with similar foreign-owned institutions in
            the United States and abroad;
              (2) afford to United States commerce, industry, and
            agriculture, especially small- and medium-size firms, a
            means of exporting at all times;
              (3) foster the participation by regional and smaller
            banks in the development of export trading companies;
            and
              (4) facilitate the formation of joint venture export
            trading companies between bank holding companies and
            nonbank firms that provide for the efficient
            combination of complementary trade and financing
            services designed to create export trading companies
            that can handle all of an exporting company's needs.

                    investments in export trading companies

        Sec. 203.\5\ * * *
    ---------------------------------------------------------------------------
        \5\ Sec. 203 amended sec. 4(c) of the Bank Holding Company Act of
    1956 (12 U.S.C. 1843(c)).
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 205.\4\ On or before two years after the date of the
    enactment of this Act, the Federal Reserve Board shall report
    to the Committee on Banking, Housing, and Urban Affairs of the
    Senate and the Committee on Banking, Finance and Urban Affairs
    \6\ of the House of Representatives the Board's recommendations
    with respect to the implementation of this section, the Board's
    recommendations on any changes in United States law to
    facilitate the financing of United States exports, especially
    by small, medium-size and minority business concerns, and the
    Board's recommendations on the effects of ownership of United
    States banks by foreign banking organizations affiliated with
    trading companies doing business in the United States.
    ---------------------------------------------------------------------------
        \6\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------

            guarantees for export accounts receivable and inventory

        Sec. 206.\7\ The Export-Import Bank of the United States is
    authorized and directed to establish a program to provide
    guarantees for loans extended by financial institutions or
    other public or private creditors to export trading companies
    as defined in section 4(c)(14)(F)(i) of the Bank Holding
    Company Act of 1956, or to other exporters, when such loans are
    secured by export accounts receivable, inventories of
    exportable goods, accounts, receivable from leases, performance
    contracts, grant commitments, participation fees, member dues,
    revenue from publications, or such other collateral as the
    Board of Directors may deem appropriate,\8\ and when in the
    judgment of the Board of Directors--
    ---------------------------------------------------------------------------
        \7\ 12 U.S.C. 635a-4.
        \8\ Sec. 616(b) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1257) added the words to this
    point beginning with ``accounts, receivable from leases, performance
    contracts, * * *''.
    ---------------------------------------------------------------------------
              (1) the private credit market is not providing
            adequate financing to enable otherwise creditworthy
            export trading companies or exporters to consummate
            export transactions; and
              (2) such guarantees would facilitate expansion of
            exports which would not otherwise occur.
    The Board of Directors shall attempt to insure that a major
    share of any loan guarantees ultimately serves to promote
    exports from small, medium-size, and minority businesses or
    agricultural concerns. Guarantees provided under the authority
    of this section shall be subject to limitations contained in
    annual appropriations Acts.

                              bankers' acceptances

        Sec. 207.\9\ * * *
    ---------------------------------------------------------------------------
        \9\ Sec. 207 amended the seventh paragraph of sec. 13 of the
    Federal Reserve Act (12 U.S.C. 372).
    ---------------------------------------------------------------------------

                 TITLE III--EXPORT TRADE CERTIFICATES OF REVIEW

             export trade promotion duties of secretary of commerce

        Sec. 301.\10\ To promote and encourage export trade, the
    Secretary may issue certificates of review and advise and
    assist any person with respect to applying for certificates of
    review.
    ---------------------------------------------------------------------------
        \10\ 15 U.S.C. 4011.
    ---------------------------------------------------------------------------

               application for issuance of certificate of review

        Sec. 302.\11\,\12\ (a) To apply for a
    certificate of review, a person shall submit to the Secretary a
    written application which--
    ---------------------------------------------------------------------------
        \11\ 15 U.S.C. 4012.
        \12\ Secs. 302 and 303 did not become effective until 90 days after
    the effective date of the rules and regulations first promulgated under
    sec. 310.
    ---------------------------------------------------------------------------
              (1) specifies conduct limited to export trade, and
              (2) is in a form and contains any information,
            including information pertaining to the overall market
            in which the applicant operates, required by rule or
            regulation promulgated under section 310.
        (b)(1) Within ten days after an application submitted under
    subsection (a) is received by the Secretary, the Secretary
    shall publish in the Federal Register a notice that announces
    that an application for a certificate of review has been
    submitted, identifies each person submitting the application,
    and describes the conduct for which the application is
    submitted.
        (2) Not later than seven days after an application
    submitted under subsection (a) is received by the Secretary,
    the Secretary shall transmit to the Attorney General--
              (A) a copy of the application,
              (B) any information submitted to the Secretary in
            connection with the application, and
              (C) any other relevant information (as determined by
            the Secretary) in the possession of the Secretary,
            including information regarding the market share of the
            applicant in the line of commerce to which the conduct
            specified in the application relates.

                            issuance of certificate

        Sec. 303.\12\,\13\ (a) A certificate of review
    shall be issued to any applicant that establishes that its
    specified export trade, export trade activities, and methods of
    operation will--
    ---------------------------------------------------------------------------
        \13\ 15 U.S.C. 4013.
    ---------------------------------------------------------------------------
              (1) result in neither a substantial lessening of
            competition or restraint of trade within the United
            States nor a substantial restraint of the export trade
            of any competitor of the applicant,
              (2) not unreasonably enhance, stabilize, or depress
            prices within the United States of the goods, wares,
            merchandise, or services of the class exported by the
            applicant,
              (3) not constitute unfair methods of competition
            against competitors engaged in the export of goods,
            wares, merchandise, or services of the class exported
            by the applicant, and
              (4) not include any act that may reasonably be
            expected to result in the sale for consumption or
            resale within the United States of the goods, wares,
            merchandise, or services exported by the applicant.
        (b) Within ninety days after the Secretary receives an
    application for a certificate of review, the Secretary shall
    determine whether the applicant's export trade, export trade
    activities, and methods of operation meet the standards of
    subsection (a). If the Secretary, with the concurrence of the
    Attorney General, determines that such standards are met, the
    Secretary shall issue to the applicant a certificate of review.
    The certificate of review shall specify--
              (1) the export trade, export trade activities, and
            methods of operation to which the certificate applies,
              (2) the person to whom the certificate of review is
            issued, and
              (3) any terms and conditions the Secretary or the
            Attorney General deems necessary to assure compliance
            with the standards of subsection (a).
        (c) If the applicant indicates a special need for prompt
    disposition, the Secretary and the Attorney General may
    expedite action on the application, except that no certificate
    of review may be issued within thirty days of publication of
    notice in the Federal Register under section 302(b)(1).
        (d)(1) If the Secretary denies in whole or in part an
    application for a certificate, he shall notify the applicant of
    his determination and the reasons for it.
        (2) An applicant may, within thirty days of receipt of
    notification that the application has been denied in whole or
    in part, request the Secretary to reconsider the determination.
    The Secretary, with the concurrence of the Attorney General,
    shall notify the applicant of the determination upon
    reconsideration within thirty days of receipt of the request.
        (e) If the Secretary denies an application for the issuance
    of a certificate of review and thereafter receives from the
    applicant a request for the return of documents submitted by
    the applicant in connection with the application for the
    certificate, the Secretary and the Attorney General shall
    return to the applicant, not later than thirty days after
    receipt of the request, the documents and all copies of the
    documents available to the Secretary and the Attorney General,
    except to the extent that the information contained in a
    document has been made available to the public
        (f) A certificate shall be void ab initio with respect to
    any export trade, export trade activities, or methods of
    operation for which a certificate was procured by fraud.

        reporting requirement; amendment of certificate; revocation of
                                  certificate

        Sec. 304.\14\ (a)(1) Any applicant who receives a
    certificate of review--
    ---------------------------------------------------------------------------
        \14\ 15 U.S.C. 4014.
    ---------------------------------------------------------------------------
              (A) shall promptly report to the Secretary any change
            relevant to the matters specified in the certificate,
            and
              (B) may submit to the Secretary an application to
            amend the certificate to reflect the effect of the
            change on the conduct specified in the certificate.
        (2) An application for an amendment to a certificate of
    review shall be treated as an application for the issuance of a
    certificate. The effective date of an amendment shall be the
    date on which the application for the amendment is submitted to
    the Secretary.
        (b)(1) If the Secretary or the Attorney General has reason
    to believe that the export trade, export trade activities, or
    methods of operation of a person holding a certificate of
    review no longer comply with the standards of section 303(a),
    the Secretary shall request such information from such person
    as the Secretary or the Attorney General deem necessary to
    resolve the matter of compliance. Failure to comply with such
    request shall be grounds for revocation of the certificate
    under paragraph (2).
        (2) If the Secretary or the Attorney General determines
    that the export trade, export trade activities, or methods of
    operation of a person holding a certificate no longer comply
    with the standards of section 303(a), or that such person has
    failed to comply with a request made under paragraph (1), the
    Secretary shall give written notice of the determination to
    such person. The notice shall include a statement of the
    circumstances underlying, and the reasons in support of, the
    determination. In the 60-day period beginning 30 days after the
    notice is given, the Secretary shall revoke the certificate or
    modify it as the Secretary or the Attorney General deem
    necessary to cause the certificate to apply only to the export
    trade, export trade activities, or methods of operation which
    are in compliance with the standards of section 303(a).
        (3) For purposes of carrying out this subsection, the
    Attorney General, and the Assistant Attorney General in charge
    of the antitrust division of the Department of Justice, may
    conduct investigations in the same manner as the Attorney
    General and the Assistant Attorney General conduct
    investigations under section 3 of the Antitrust Civil Process
    Act, except that no civil investigative demand may be issued to
    a person to whom a certificate of review is issued if such
    person is the target of such investigation.

                         judicial review; admissibility

        Sec. 305.\15\ (a) If the Secretary grants or denies, in
    whole or in part, an application for a certificate of review or
    for an amendment to a certificate, or revokes or modifies a
    certificate pursuant to section 304(b), any person aggrieved by
    such determination may, within 30 days of the determination,
    bring an action in any appropriate district court of the United
    States to set aside the determination on the ground that such
    determination is erroneous.
    ---------------------------------------------------------------------------
        \15\ 15 U.S.C. 4015.
    ---------------------------------------------------------------------------
        (b) Except as provided in subsection (a), no action by the
    Secretary or the Attorney General pursuant to this title shall
    be subject to judicial review.
        (c) If the Secretary denies, in whole or in part, an
    application for a certificate of review or for an amendment to
    a certificate, or revokes or amends a certificate, neither the
    negative determination nor the statement or reasons therefor
    shall be admissible in evidence, in any administrative or
    judicial proceeding, in support of any claim under the
    antitrust laws.

                 protection conferred by certificate of review

        Sec. 306.\16\ (a) Except as provided in subsection (b), no
    criminal or civil action may be brought under the antitrust
    laws against a person to whom a certificate of review is issued
    which is based on conduct which is specified in, and complies
    with the terms of, a certificate issued under section 303 which
    certificate was in effect when the conduct occurred.
    ---------------------------------------------------------------------------
        \16\ 15 U.S.C. 4016.
    ---------------------------------------------------------------------------
        (b)(1) Any person who has been injured as a result of
    conduct engaged in under a certificate of review may bring a
    civil action for injunctive relief, actual damages, the loss of
    interest on actual damages, and the cost of suit (including a
    reasonable attorney's fee) for the failure to comply with the
    standards of section 303(a). Any action commenced under this
    title shall proceed as if it were an action commenced under
    section 4 or section 16 of the Clayton Act, except that the
    standards of section 303(a) of this title and the remedies
    provided in this paragraph shall be the exclusive standards and
    remedies applicable to such action.
        (2) Any action brought under paragraph (1) shall be filed
    within two years of the date the plaintiff has notice of the
    failure to comply with the standards of section 303(a) but in
    any event within four years after the cause of action accrues.
        (3) In any action brought under paragraph (1), there shall
    be a presumption that conduct which is specified in and
    complies with a certificate of review does not comply with the
    standards of section 303(a).
        (4) In any action brought under paragraph (1), if the court
    finds that the conduct does comply with the standards of
    section 303(a), the court shall award to the person against
    whom the claim is brought the cost of suit attributable to
    defending against the claim (including a reasonable attorney's
    fee).
        (5) The Attorney General may file suit pursuant to section
    15 of the Clayton Act (15 U.S.C. 25) to enjoin conduct
    threatening clear and irreparable harm to the national
    interest.

                                   guidelines

        Sec. 307.\17\ (a) To promote greater certainty regarding
    the application of the antitrust laws to export trade, the
    Secretary, with the concurrence of the Attorney General, may
    issue guidelines--
    ---------------------------------------------------------------------------
        \17\ 15 U.S.C. 4017.
    ---------------------------------------------------------------------------
              (1) describing specific types of conduct with respect
            to which the Secretary, with the concurrence of the
            Attorney General, has made or would make,
            determinations under sections 303 and 304, and
              (2) summarizing the factual and legal bases in
            support of the determinations.
        (b) Section 553 of title 5, United States Code, shall not
    apply to the issuance of guidelines under subsection (a).

                                 annual reports

        Sec. 308.\18\ Every person to whom a certificate of review
    is issued shall submit to the Secretary an annual report, in
    such form and at such time as the Secretary may require, that
    updates where necessary the information required by section
    302(a).
    ---------------------------------------------------------------------------
        \18\ 15 U.S.C. 4018.
    ---------------------------------------------------------------------------

                           disclosure of information

        Sec. 309.\19\ (a) Information submitted by any person in
    connection with the issuance, amendment, or revocation of a
    certificate of review shall be exempt from disclosure under
    section 552 of title 5, United States Code.
    ---------------------------------------------------------------------------
        \19\ 15 U.S.C. 4019.
    ---------------------------------------------------------------------------
        (b)(1) Except as provided in paragraph (2), no officer or
    employee of the United States shall disclose commercial or
    financial information submitted in connection with the
    issuance, amendment, or revocation of a certificate of review
    if the information is privileged or confidential and if
    disclosure of the information would cause harm to the person
    who submitted the information.
        (2) Paragraph (1) shall not apply with respect to
    information disclosed--
              (A) upon a request made by the Congress or any
            committee of the Congress,
              (B) in a judicial or administrative proceeding,
            subject to appropriate protective orders,
              (C) with the consent of the person who submitted the
            information,
              (D) in the course of making a determination with
            respect to the issuance, amendment, or revocation of a
            certificate of review, if the Secretary deems
            disclosure of the information to be necessary in
            connection with making the determination,
              (E) in accordance with any requirement imposed by a
            statute of the United States, or
              (F) in accordance with any rule or regulation
            promulgated under section 310 permitting the disclosure
            of the information to an agency of the United States or
            of a State on the condition that an agency will
            disclose the information only under the circumstances
            specified in subparagraphs (A) through (E).

                             rules and regulations

        Sec. 310.\20\ The Secretary, with the concurrence of the
    Attorney General, shall promulgate such rules and regulations
    as are necessary to carry out the purposes of this Act.
    ---------------------------------------------------------------------------
        \20\ 15 U.S.C. 4020.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 311.\21\ As used in this title--
    ---------------------------------------------------------------------------
        \21\ 15 U.S.C. 4021.
    ---------------------------------------------------------------------------
              (1) the term ``export trade'' means trade or commerce
            in goods, wares, merchandise, or services exported, or
            in the course of being exported, from the United States
            or any territory thereof to any foreign nation,
              (2) the term ``service'' means intangible economic
            output, including, but not limited to--
                      (A) business, repair, and amusement services,
                      (B) management, legal, engineering,
                    architectural, and other professional services,
                    and
                      (C) financial, insurance, transportation,
                    informational and any other data-based
                    services, and communication services,
              (3) the term ``export trade activities'' means
            activities or agreements in the course of export trade,
              (4) the term ``methods of operation'' means any
            method by which a person conducts or proposes to
            conduct export trade,
              (5) the term ``person'' means an individual who is a
            resident of the United States; a partnership that is
            created under and exists pursuant to the laws of any
            State or of the United States; a State or local
            government entity; a corporation, whether organized as
            a profit or nonprofit corporation, that is created
            under and exists pursuant to the laws of any State or
            of the United States; or any association or
            combination, by contract or other arrangement, between
            or among such persons,
              (6) the term ``antitrust laws'' means the antitrust
            laws, as such term is defined in the first section of
            the Clayton Act (15 U.S.C. 12), and section 5 of the
            Federal Trade Commission Act (15 U.S.C. 45) (to the
            extent that section 5 prohibits unfair methods of
            competition), and any State antitrust or unfair
            competition law,
              (7) the term ``Secretary'' means the Secretary of
            Commerce or his designee, and
              (8) the term ``Attorney General'' means the Attorney
            General of the United States or his designee.

                                effective dates

        Sec. 312.\22\ (a) Except as provided in subsection (b),
    this title shall take effect on the date of the enactment of
    this Act.
    ---------------------------------------------------------------------------
        \22\ 15 U.S.C. 4011 note.
    ---------------------------------------------------------------------------
        (b) Section 302 and section 303 shall take effect 90 days
    after the effective date of the rules and regulations first
    promulgated under section 310.

                 TITLE IV--FOREIGN TRADE ANTITRUST IMPROVEMENTS

                                  short title

        Sec. 401. This title may be cited as the ``Foreign Trade
    Antitrust Improvements Act of 1982''.

                            amendment to sherman act

        Sec. 402.\23\ * * *
    ---------------------------------------------------------------------------
        \23\ Sec. 402 amended the Sherman Act (15 U.S.C. 1 et seq.) by
    inserting a new sec. 7.
    ---------------------------------------------------------------------------

                   amendment to federal trade commission act

        Sec. 403.\24\ * * *
    ---------------------------------------------------------------------------
        \24\ Sec. 403 amended sec. 5(a) of the Federal Trade Commission Act
    (15 U.S.C. 45(a)).
                       (21) Trade Agreements Act of 1979

      Partial text of Public Law 96-39 [H.R. 4537], 93 Stat. 144 approved
    July 26, 1979; as amended by the Reorganization Plan No. 3 of 1979 (44
     F.R. 69273); Public Law 98-67 [Caribbean Basin Economic Recovery Act;
     H.R. 2973], 97 Stat. 369 at 393, approved August 5, 1983; Public Law
      98-573 [Trade and Tariff Act of 1984; H.R. 3398], 98 Stat. 2948 at
    3033, approved October 30, 1984; Public Law 99-47 [United States-Israel
    Free Trade Area Implementation Act of 1985; H.R. 2268], 99 Stat. 82 at
       84, approved June 11, 1985; Public Law 100-418 [Omnibus Trade and
       Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
     August 23, 1988; Public Law 100-449 [United States-Canada Free-Trade
       Agreement Implementation Act of 1988; H.R. 5090], 102 Stat. 1851,
    approved September 28, 1988; Public Law 100-690 [Anti-Drug Abuse Act of
     1988; H.R. 5210], 102 Stat. 4181, approved November 18, 1988; Public
     Law 103-182 [North American Free Trade Agreement Implementation Act;
     H.R. 3450], 107 Stat. 2057, approved December 8, 1993; Public Law 103-
    355 [Federal Acquisition Streamlining Act of 1994; S. 1587], 108 Stat.
      3243, approved October 13, 1994; Public Law 103-465 [Uruguay Round
    Agreements Act; H.R. 5110], 108 Stat. 4809, approved December 8, 1994;
     Public Law 104-295 [Miscellaneous Trade and Technical Corrections Act
    of 1996; H.R. 3815], 110 Stat. 3514, approved October 11, 1996; Public
           Law 108-286 [United States-Australia Free Trade Agreement
    Implementation Act; H.R. 4759], 118 Stat. 919, approved August 3, 2004;
      Public Law 109-53 [Dominican Republic-Central America-United States
      Free Trade Agreement Implementation Act; H.R. 3045], 119 Stat. 462,
    approved August 2, 2005; and Public Law 109-169 [United States-Bahrain
     Free Trade Agreement Implementation Act; H.R. 4340], 119 Stat. 3581,
                           approved January 11, 2006

     AN ACT To approve and implement the trade agreements negotiated under
                 the Trade Act of 1974, 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; TABLE OF CONTENTS; PURPOSES.

        (a) Short Title.--This Act may be cited as the ``Trade
    Agreements Act of 1979''.
        (b) Table of Contents.--* * *
        (c) \1\ Purposes.--The purposes of this Act are--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2502.
    ---------------------------------------------------------------------------
              (1) to approve and implement the trade agreements
            negotiated under the Trade Act of 1974;
              (2) to foster the growth and maintenance of an open
            world trading system;
              (3) to expand opportunities for the commerce of the
            United States in international trade; and
              (4) to improve the rules of international trade and
            to provide for the enforcement of such rules, and for
            other purposes.

    SEC. 2.\2\ APPROVAL OF TRADE AGREEMENTS.

        (a) Approval of Agreements and Statements of Administrative
    Action.--In accordance with the provisions of sections 102 and
    151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191), the
    Congress approves the trade agreements described in subsection
    (c) submitted to the Congress on June 19, 1979, and the
    statements of administrative action proposed to implement such
    trade agreements submitted to the Congress on that date.
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 2503.
    ---------------------------------------------------------------------------
        (b) Acceptance of Agreements by the President.--
              (1) In general.--The President may accept for the
            United States the final legal instruments or texts
            embodying each of the trade agreements approved by the
            Congress under subsection (a). The President shall
            submit a copy of each final instrument or text to the
            Congress on the date such text or instrument is
            available, together with a notification of any changes
            in the instruments or texts, including their annexes,
            if any, as accepted and the texts of such agreements as
            submitted to the Congress under subsection (a). Such
            final legal instruments or texts shall be deemed to be
            the agreements submitted to and approved by the
            Congress under subsection (a) if such changes are--
                      (A) only recertifications of a formal
                    character or minor technical or clerical
                    changes which do not affect the substance or
                    meaning of the texts as submitted to the
                    Congress on June 19, 1979, or
                      (B) changes in annexes to such agreements,
                    and the President determines that the balance
                    of United States rights and obligations under
                    such agreements is maintained.
              (2) Application of agreement between the united
            states and other countries.--No agreement accepted by
            the President under paragraph (1) shall apply between
            the United States and any other country unless the
            President determines that such country--
                      (A) has accepted the obligations of the
                    agreement with respect to the United States,
                    and
                      (B) should not otherwise be denied the
                    benefits of the agreement with respect to the
                    United States because such country has not
                    accorded adequate benefits, including
                    substantially equal competitive opportunities
                    for the commerce of the United States to the
                    extent required under section 126(c) of the
                    Trade Act of 1974 (19 U.S.C. 2136(c)), to the
                    United States.
              (3) Limitation on acceptance concerning major
            industrial countries.--The President may not accept an
            agreement described in paragraph (1), (2), (3), (4),
            (5), (6), (7), (9), (10), or (11) of subsection (c),
            unless he determines that each major industrial country
            (as defined in section 126(d) of the Trade Act of 1974
            (19 U.S.C. 2136(d)) is also accepting the agreement.
            Notwithstanding the preceding sentence, the President
            may accept such an agreement, if he determines that
            only one major industrial country is not accepting that
            agreement and the acceptance of that agreement by that
            country is not essential to the effective operation of
            the agreement, and if--
                      (A) that country is not a major factor in
                    trade in the products covered by that
                    agreement,
                      (B) the President has authority to deny the
                    benefits of the agreement to that country and
                    has taken steps to deny the benefits of the
                    agreement to that country, or
                      (C) a significant portion of United States
                    trade would benefit from the agreement,
                    notwithstanding such nonacceptance, and the
                    President determines and reports to the
                    Congress that it is in the national interest of
                    the United States to accept the agreement.
            For purposes of this paragraph, the acceptance of an
            agreement by the European Communities on behalf of its
            member countries shall also be treated as acceptance of
            that agreement by each member country, and acceptance
            of an agreement by all the member countries of the
            European Communities shall also be treated as
            acceptance of that agreement by the European
            Communities.
        (c) Trade Agreements to Which This Act Applies.--The trade
    agreements to which subsection (a) applies are the following:
              (1) The Agreement on Implementation of Article VII of
            the General Agreement on Tariffs and Trade (relating to
            customs valuation).
              (2) The Agreement on Government Procurement.
              (3) The Agreement on Import Licensing Procedures.
              (4) The Agreement on Technical Barriers to Trade
            (relating to product standards).
              (5) The Agreement on Interpretation and Application
            of Articles VI, XVI, and XXIII of the General Agreement
            on Tariffs and Trade (relating to subsidies and
            countervailing measures).
              (6) The Agreement on Implementation of Article VI of
            the General Agreement on Tariffs and Trade (relating to
            antidumping measures).
              (7) The International Dairy Arrangement.
              (8) Certain bilateral agreements on cheese, other
            dairy products, and meat.
              (9) The Arrangement Regarding Bovine Meat.
              (10) The Agreement on Trade in Civil Aircraft.
              (11) Texts Concerning a Framework for the Conduct of
            World Trade.
              (12) Certain Bilateral Agreements to Eliminate the
            Wine-Gallon Method of Tax and Duty Assessment.
              (13) Certain other agreements to be reflected in
            Schedule XX of the United States to the General
            Agreement on Tariffs and Trade, including Agreements--
                      (A) to Modify United States Watch Marking
                    Requirements, and to Modify United States
                    Tariff Nomenclature and Rates of Duty for
                    Watches,
                      (B) to Provide Duty-Free Treatment for
                    Agricultural and Horticultural Machinery,
                    Equipment, Implements, and Parts Thereof, and
                      (C) to Modify United States Tariff
                    Nomenclature and Rates of Duty for Ceramic
                    Tableware.
              (14) The Agreement with the Hungarian People's
            Republic.

    SEC. 3.\3\ RELATIONSHIP OF TRADE AGREEMENTS TO UNITED STATES LAW.

        (a) United States Statutes To Prevail in Conflict.--No
    provision of any trade agreement approved by the Congress under
    section 2(a), nor the application of any such provision to any
    person or circumstances, which is in conflict with any statute
    of the United States shall be given effect under the laws of
    the United States.
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 2504. As enacted, sec. 3 consisted of subsecs. (a)
    through (c) and (e) and (f), with no provision designated as subsec.
    (d).
    ---------------------------------------------------------------------------
        (b) \3\ Implementing Regulations.--Regulations necessary or
    appropriate to carry out actions proposed in any statement of
    proposed administrative action submitted to the Congress under
    section 102 of the Trade Act of 1974 to implement each
    agreement approved under section 2(a) shall be issued within 1
    year after the date of the entry into force of such agreement
    with respect to the United States.
        (c) \3\ Changes in Statutes To Implement a Requirement,
    Amendment, or Recommendation.--
              (1) Presidential determination.--Whenever the
            President determines that it is necessary or
            appropriate to amend, repeal, or enact a statute of the
            United States in order to implement any requirement of,
            amendment to, or recommendation under such an
            agreement, he shall submit to the Congress a draft of a
            bill to accomplish the amendment, repeal, or enactment
            and a statement of any administrative action proposed
            to implement the requirement, amendment, or
            recommendation. Not less than 30 days before submitting
            such a bill, the President shall consult with the
            Committee on Ways and Means of the House of
            Representatives, the Committee on Finance of the
            Senate, and each committee of the House or Senate which
            has jurisdiction over legislation involving subject
            matters which would be affected by such amendment,
            repeal, or enactment. The consultation shall treat all
            matters relating to the implementation of such
            requirement, amendment, or recommendation, as provided
            in paragraphs (2) and (3).
              (2) Conditions for taking effect under united states
            law.--No such amendment shall enter into force with
            respect to the United States, and no such requirement,
            amendment, or recommendation shall be implemented under
            United States law, unless--
                      (A) the President, after consultation with
                    the Congress under paragraph (1), notifies the
                    House of Representatives and the Senate of his
                    determination and publishes notice of that
                    determination in the Federal Register.
                      (B) the President transmits a document to the
                    House of Representatives and to the Senate
                    containing a copy of the text of such
                    requirement, amendment, or recommendation,
                    together with--
                              (i) a draft of a bill to amend or
                            repeal provisions of existing statutes
                            or to create statutory authority and an
                            explanation as to how the bill and any
                            proposed administrative action affect
                            existing law, and
                              (ii) a statement of how the
                            requirement, amendment, or
                            recommendation serves the interests of
                            United States commerce and why the
                            legislative and administrative action
                            is necessary or appropriate to carry
                            out the requirement, amendment, or
                            recommendation, and
                      (C) the bill submitted by the President is
                    enacted into law.
              (3) Recommendations as to application.--The President
            may make the same type of recommendations, in the same
            manner and subject to the same conditions, to the
            Congress with respect to the application of any such
            requirement, amendment, or recommendation as he may
            make, under section 102(f) of the Trade Act of 1974,
            with respect to a trade agreement.
              (4) Congressional procedures applicable.--The bill
            submitted by the President shall be introduced in
            accordance with the provisions of subsection (c)(1) of
            section 151 of the Trade Act of 1974, and the
            provisions of subsections (d), (e), (f), and (g) of
            such section shall apply to the consideration of the
            bill. For the purposes of applying section 151 of such
            Act to such bill--
                      (A) the term ``trade agreement'' shall be
                    treated as a reference to the requirement,
                    amendment, or recommendation, and
                      (B) the term ``implementing bill'' or
                    ``implementing revenue bill'', whichever is
                    appropriate, shall be treated as a reference to
                    the bill submitted by the President.
        (e) \3\ * * *
        (f) \3\ Unspecified Private Remedies Not Created.--Neither
    the entry into force with respect to the United States of any
    agreement approved under section 2(a), nor the enactment of
    this Act, shall be construed as creating any private right of
    action or remedy for which provision is not explicitly made
    under this Act or under the laws of the United States.

                 TITLE I--COUNTERVAILING AND ANTIDUMPING DUTIES

    SEC. 101.\5\ * * *
    ---------------------------------------------------------------------------

        \4\ Sec. 101 of title I added a new title VII to the Tariff Act of
    1930.
    ---------------------------------------------------------------------------

    SEC. 102. PENDING INVESTIGATIONS.

        (a) Pending Investigations of Bounties or Grants.--If, on
    the effective date of the application of title VII of the
    Tariff Act of 1930 to imports from a country, there is an
    investigation in progress under section 303 of that Act as to
    whether a bounty or grant is being paid or bestowed on imports
    from such country, then:
              (1) If the Secretary of the Treasury has not yet made
            a preliminary determination under section 303 of that
            Act as to whether a bounty or grant is being paid or
            bestowed, he shall terminate the investigation under
            section 303 and the matter previously under
            investigation shall be subject to this title as if the
            affirmative determination called for in section 702 of
            that Act were made with respect to that matter on the
            effective date of the application of title VII of that
            Act to such country.
              (2) If the Secretary has made a preliminary
            determination under such section 303, but not a final
            determination, as to whether a bounty or grant is being
            paid or bestowed, he shall terminate the investigation
            under such section 303 and the matter previously under
            investigation shall be subject to the provisions of
            title VII of that Act as if the preliminary
            determination under section 303 were a preliminary
            determination under section 703 of that title made on
            the effective date of the application of that title to
            such country.
        (b) Pending Investigations of Less-Than-Fair-Values
    Sales.--If, on the effective date of title VII of the Tariff
    Act of 1930, there is an investigation in progress under the
    Antidumping Act, 1921, as to whether imports from a country are
    being, or are likely to be, sold in the United States or
    elsewhere at less than fair value, then:
              (1) If the Secretary has not yet made a preliminary
            determination under the Antidumping Act, 1921, as to
            the question of less-than-fair-value sales, he shall
            terminate the investigation and the United States
            International Trade Commission shall terminate any
            investigation under section 201(c)(2) of the
            Antidumping Act, 1921, and the matter previously under
            investigation shall be subject to the provisions of
            title VII of the Tariff Act of 1930 as if the
            affirmative determination called for in section 732
            were made with respect to such matter on the effective
            date of title VII of the Tariff Act of 1930.
              (2) If the Secretary has made under the Antidumping
            Act, 1921, a preliminary determination, but not a final
            determination, that imports from such country are being
            or are likely to be sold in the United States or
            elsewhere at less than fair value, the investigation
            shall be terminated and the matter previously under
            investigation shall be subject to the provisions of
            title VII of the Tariff Act of 1930 as if the
            preliminary determination under the Antidumping Act,
            1921, were a preliminary determination under section
            733 of that title made on the effective date of title
            VII of the Tariff Act of 1930.
        (c) Pending Investigations of Injury.--If, on the effective
    date of the application of title VII of the Tariff Act of 1930
    to imports from a country, the United States International
    Trade Commission is conducting an investigation under section
    303 of the Tariff Act of 1930 or section 201(a) of the
    Antidumping Act, 1921, as to whether an industry in the United
    States is being, or is likely to be injured, or is prevented
    from being established, it shall terminate any such
    investigation and initiate an investigation, under subtitle A
    or B of title VII of the Tariff Act of 1930, which shall be
    completed within 75 days, and--
              (1) treat any final determination of the Secretary of
            the Treasury under section 303 as a final determination
            under section 705(a) of the Tariff Act of 1930 and
            consider the net amount of the bounty or grant
            estimated or determined under section 303 as the net
            subsidy amount under subtitle A of that title; and
              (2) treat any final determination of the Secretary of
            the Treasury under the Antidumping Act of 1921, as a
            final determination under section 735(a) of the Tariff
            Act of 1930.

    SEC. 103.\5\ * * *
    ---------------------------------------------------------------------------

        \5\ Sec. 103 amended sec. 303 of the Tariff Act of 1930.
    ---------------------------------------------------------------------------

    SEC. 104. TRANSITION RULES FOR COUNTERVAILING DUTY ORDERS.

        (a) Waived Countervailing Duty Orders.--
              (1) Notification of commission.--The administering
            authority shall notify the United States International
            Trade Commission by January 7, 1980, of any
            countervailing duty order in effect on January 1,
            1980--
                      (A)(i) for which the Secretary of the
                    Treasury has waived the imposition of
                    countervailing duties under section 303(d) of
                    the Tariff Act of 1930 (19 U.S.C. 1303(d)), and
                      (ii) which applies to merchandise other than
                    quota cheese (as defined in section 701(c)(1)
                    of this Act), which is a product of a country
                    under the Agreement.
                      (B) published on or after the date of the
                    enactment of this Act, and before January 1,
                    1980, with respect to products of a country
                    under the Agreement (as defined in section
                    701(b) of the Tariff Act of 1930), or
                      (C) applicable to frozen, boneless beef from
                    the European Communities under Treasury
                    Decision 76-109,
            and shall furnish to the Commission the most current
            information it has with respect to the net subsidy
            benefiting the merchandise subject to the
            countervailing duty order.
              (2) Determination by the commission.--Within 180 days
            after the date on which it receives the information
            from the administering authority under paragraph (1),
            the Commission shall make a determination of whether--
                      (A) an industry in the United States--
                              (i) is materially injured, or
                              (ii) is threatened with material
                            injury, or
                      (B) the establishment of an industry in the
                    United States is materially retarded,
            by reason of imports of the merchandise subject to the
            order.
              (3) Effect of determination.--
                      (A) Affirmative determination.--Upon being
                    notified by the Commission of an affirmative
                    determination under paragraph (2), the
                    administering authority shall terminate the
                    waiver of imposition of countervailing duties
                    for merchandise subject to the order, if any.
                    The countervailing duty order under section 303
                    of the Tariff Act of 1930 which applies to that
                    merchandise shall remain in effect until
                    revoked, in whole or in part, under section
                    751(d) of such Act.
                      (B) Negative determination.--Upon being
                    notified by the Commission of a negative
                    determination under paragraph (2), the
                    administering authority shall revoke the
                    countervailing duty order, and publish notice
                    in the Federal Register of the revocation.
        (b) Other Countervailing Duty Orders.--
              (1) Review by commission upon request.--In the case
            of a countervailing duty order issued under section 303
            of the Tariff Act of 1930 (19 U.S.C. 1303)--
                      (A) which is not a countervailing duty order
                    to which subsection (a) applies,
                      (B) which applies to merchandise which is the
                    product of a country under the Agreement, and
                      (C) which is in effect on January 1, 1980, or
                    which is issued pursuant to court order in an
                    action brought under section 516(d) of that Act
                    before that date,
            the Commission, upon the request of the government of
            such a country or of exporters accounting for a
            significant proportion of exports to the United States
            or merchandise which is covered by the order, submitted
            within 3 years after the effective date of title VII of
            the Tariff Act of 1930 shall make a determination under
            paragraph (2) of this subsection.
              (2) Determination by the commission.--In a case
            described in paragraph (1) with respect to which it has
            received a request for review the Commission shall
            commence an investigation to determine whether--
                      (A) an industry in the United States--
                              (i) would be materially injured, or
                              (ii) would be threatened with
                            material injury, or
                      (B) the establishment of an industry in the
                    United States would be materially retarded,
            by reason of imports of the merchandise covered by the
            countervailing duty order if the order were to be
            revoked. A negative determination by the Commission
            under this paragraph shall not be based, in whole or in
            part, on any export taxes, duties, or other changes
            levied on the export of merchandise to the United
            States specifically intended to offset the subsidy
            received.\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 611(c) of Public Law 98-573 (98 Stat. 3033) inserted this
    sentence.
    ---------------------------------------------------------------------------
              (3) Suspension of liquidation; investigation time
            limits.--Whenever the Commission receives a request
            under paragraph (1) it shall promptly notify the
            administering authority and the administering authority
            shall suspend liquidation of entries of the affected
            merchandise made on or after the date of receipt of the
            Commission's notification, or in the case of butter
            from Australia, entries of merchandise subject to the
            assessment of countervailing duties under Treaty
            Decision 42937, as amended, and collect estimated
            countervailing duties pending the determination of the
            Commission. The Commission shall issue its
            determination in any investigation under this
            subsection not later than 3 years after the date of
            commencement of such investigation.
              (4) Effect of determination.--
                      (A) Affirmative determination.--Upon being
                    notified of an affirmative determination under
                    paragraph (2) by the Commission the
                    administering authority shall liquidate entries
                    of merchandise the liquidation of which was
                    suspended under paragraph (3) of this
                    subsection and impose countervailing duties in
                    the amount of the estimated duties required to
                    be deposited. The countervailing duty order
                    shall remain in effect until revoked, in whole
                    or in part, under section 751(c) of the Tariff
                    Act of 1930.
                      (B) Negative determination.--Upon being
                    notified of a negative determination under
                    paragraph (2) by the Commission, the
                    administering authority shall revoke the
                    countervailing duty order then in effect,
                    publish notice thereof in the Federal Register,
                    and refund, without payment of interest, any
                    estimated countervailing duties collected
                    during the period of suspension of liquidation.
        (c) All Outstanding Countervailing Duty Orders.--Subject to
    the provisions of subsections (a) and (b), any countervailing
    duty order issued under section 303 of the Tariff Act of 1930
    which is--
              (1) in effect on the effective date of title VII of
            the Tariff Act of 1930 (as added by section 101 of this
            Act), or
              (2) issued pursuant to court order in a proceeding
            brought before that date under section 516(d) of the
            Tariff Act of 1930
    shall remain in effect after that date and shall be subject to
    review under section 751 of the Tariff Act of 1930.
        (d) Publication of Notice of Determinations.--Whenever the
    Commission makes a determination under subsection (a) or (b) it
    shall publish notice of that determination in the Federal
    Register and notify the administering authority of its
    determination.
        (e) Definitions.--Whenever any term which is defined in
    section 771 of the Tariff Act of 1930 is used in this section,
    it has the same meaning as when it is used in title VII of that
    Act.

    SEC. 105.\7\ * * *
    ---------------------------------------------------------------------------

        \7\ Sec. 105 amended sec. 304(d)(4) of the Tariff Act of 1930
    concerning the continuation of certain waivers.
    ---------------------------------------------------------------------------

    SEC. 106. CONFORMING CHANGES.

        (a) Repeal of Old Law.--The Antidumping Act, 1921 (19
    U.S.C. 160 et seq.) is hereby repealed but findings in effect
    on the effective date of this Act, or issued pursuant to court
    order in an action brought before that date, shall remain in
    effect, subject to review under section 751 of the Tariff Act
    of 1920.
        (b) \8\ * * *
    ---------------------------------------------------------------------------
        \8\ Subsec. (b) consisted of conforming amendments to several
    statutes.
    ---------------------------------------------------------------------------

    SEC. 107. EFFECTIVE DATE.

        Except as otherwise provided in this title, this title and
    the amendments made by it shall take effect on January 1, 1980,
    if--
              (1) the Agreement on Interpretation and Application
            of Articles VI, XVI, and XXIII of the General Agreement
            on Tariffs and Trade (relating to subsidies and
            countervailing measures), and
              (2) the Agreement on Implementation of Article VI of
            the General Agreement on Tariffs and Trade (relating to
            antidumping measures),
    approved by the Congress under section 2(a) of this Act have
    entered into force with respect to the United States as of that
    date.\9\
    ---------------------------------------------------------------------------
        \9\ The President in his determination of December 14, 1979 (44
    F.R. 74781), authorized the U.S. Special Representative for Trade
    Negotiations (United States Trade Representative) to sign both of these
    agreements.
    ---------------------------------------------------------------------------

                          TITLE II--CUSTOMS VALUATION

                   Subtitle A--Valuation Standards Amendments

    SEC. 201.\10\ * * *
    ---------------------------------------------------------------------------

        \10\ Sec. 201 amended sec. 402 of the Tariff Act of 1930 to reflect
    changes brought about by the Agreement on Implementation of Article VII
    of the General Agreement on Tariffs and Trade (relating to customs
    valuation). Sec. 202 consisted of conforming amendments to several
    other laws.
    ---------------------------------------------------------------------------

    SEC. 202.\10\ * * *

    SEC. 203. PRESIDENTIAL REPORT ON OPERATION OF THE AGREEMENT.

        As soon as practicable after the close of the 2-year period
    beginning on the date on which the amendments made by this
    title (other than section 223(b), relating to certain rubber
    footwear) take effect, the President shall prepare and submit
    to Congress a report containing an evaluation of the operation
    of the Agreement on Implementation of Article VII of the
    General Agreement on Tariffs and Trade approved under section
    2(a) (hereinafter in this subtitle referred to as the
    ``Agreement''), both domestically and internationally, during
    that period.

    SEC. 204. TRANSITION TO VALUATION STANDARDS UNDER THIS TITLE.

        (a) Effective Date of Amendments.--
              (1) In general.--Except as provided in paragraph (2),
            the amendments made by this title (except the
            amendments made by section 223(b)) shall take effect
            on--
                      (A) January 1, 1981, if the Agreement enters
                    into force with respect to the United States by
                    that date; or
                      (B) if subparagraph (A) does not apply, that
                    date after January 1, 1981, on which the
                    Agreement enters into such force;
            and shall apply with respect to merchandise that is
            exported to the United States on or after whichever of
            such dates applies.
              (2) Earlier effective date under certain
            circumstances.--If the President determines before
            January 1, 1981, that--
                      (A) the European Economic Community has
                    accepted the obligations of the Agreement with
                    respect to the United States; and
                      (B) each of the member states of the European
                    Economic Community has implemented the
                    Agreement under its laws;
            the President shall by proclamation announce such
            determination and the amendments made by this title
            (except the amendments made by section 223(b)) shall
            take effect on the date specified in the proclamation
            (but not before July 1, 1980) and shall apply with
            respect to merchandise that is exported to the United
            States on or after such date; except that unless the
            Agreement enters into force with respect to the United
            States by January 1, 1981, all provisions of law that
            were amended by such amendments are revised (as in
            effect on the day before such amendments took effect)
            on January 1, 1981, and such provisions--
                              (i) shall remain in effect until the
                            date on which the Agreement enters into
                            force with respect to the United States
                            (and on such date the amendments made
                            by this title (except the amendments
                            made by section 223(b)) are revived and
                            shall apply with respect to merchandise
                            exported to the United States on or
                            after such date); and
                              (ii) shall apply with respect to
                            merchandise exported to the United
                            States on or after January 1, 1981, and
                            before the date on which the Agreement
                            enters into such force.
        (b) Application of Old Law Valuation Standards.--For
    purposes of the administration of the customs laws, all
    merchandise (other than merchandise to which subsections (a)
    and (c) apply) shall be appraised on the same basis, and in the
    same manner, as if the amendments made by this title had not
    been enacted.
        (c) Special Treatment for Certain Rubber Footwear.--The
    amendments made by section 223(b) shall take effect July 1,
    1981, or, if later, the date on which the Agreement enters into
    force with respect to the United States, and shall apply,
    together with the other amendments made by this title, to
    rubber footwear exported to the United States on or after such
    date. For purposes of the administration of the customs laws,
    all rubber footwear (other than rubber footwear to which the
    preceding sentence applies) shall be appraised on the same
    basis, and in the same manner, as if the amendments made by
    this title had not been enacted.
        (d) Definition.--For purposes of this section, the term
    ``rubber footwear'' means articles described in item 700.60 of
    the Tariff Schedules of the United States (as in effect on the
    day before the day on which the amendments made by section
    223(b) take effect).
              * * * * * * *

                     TITLE III--GOVERNMENT PROCUREMENT \11\

    SEC. 301.\12\ GENERAL AUTHORITY TO MODIFY DISCRIMINATION PURCHASING
                        REQUIREMENTS.

        (a) Presidential Waiver of Discriminatory Purchasing
    Requirements.--Subject to subsection (f) of this section, the
    President \13\ may waive, in whole or in part, with respect to
    eligible products of any foreign country or instrumentality
    designated under subsection (b), and suppliers of such
    products, the application of any law, regulation, procedure, or
    practice regarding Government procurement that would, if
    applied to such products and suppliers, result in treatment
    less favorable than that accorded--
    ---------------------------------------------------------------------------
        \11\ See also Executive Order 12849 of May 25, 1993 (58 F.R. 30931)
    relating to the implementation of a Memorandum of Understanding with
    the European Community on government procurement.
        \12\ 19 U.S.C. 2511.
        \13\ Sec. 381(a)(1) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2128) struck out ``The President'' and inserted in
    lieu thereof ``Subject to subsection (f) of this section, the
    President''.
    ---------------------------------------------------------------------------
              (1) to United States products and suppliers of such
            products; or
              (2) to eligible products of another foreign country
            or instrumentality which is a party to the Agreement
            and suppliers of such products.
        (b) Designation of Eligible Countries and
    Instrumentalities.--The President may designate a foreign
    country or instrumentality for purposes of subsection (a) only
    if he determines that such country or instrumentality--
              (1) is a country or instrumentality which (A) has
            become a party to the Agreement or the North American
            Free Trade Agreement,\14\ and (B) will provide
            appropriate reciprocal competitive government
            procurement opportunities to United States products and
            suppliers of such products;
    ---------------------------------------------------------------------------
        \14\ Sec. 381(a)(2) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2128) inserted ``or the North American Free Trade
    Agreement'' after ``the Agreement''.
    ---------------------------------------------------------------------------
              (2) is a country or instrumentality, other than a
            major industrial country, which (A) will otherwise
            assume the obligations of the Agreement, and (B) will
            provide such opportunities to such products and
            suppliers;
              (3) is a country or instrumentality, other than a
            major industrial country, which will provide such
            opportunities to such products and suppliers; or
              (4) is a least developed country.
        (c) Modification or Withdrawal of Waivers and
    Designations.--The President may modify or withdraw any waiver
    granted pursuant to subsection (a) or designation made pursuant
    to subsection (b).
      (d) \15\ Limitations on Waiver Authority Not Effective Unless
    Provision Amended.--The authority of the President under
    subsection (a) to waive any laws, regulation, procedure, or
    practice shall be effective notwithstanding any other provision
    of law hereafter enacted (excluding the provisions of and
    amendments made by the Buy American Act of 1988) unless such
    other provision specifically refers to and amends this section.
    ---------------------------------------------------------------------------
        \15\ Sec. 7005(e) of the Omnibus Trade and Competitiveness Act of
    1988 (Public Law 100-418; 102 Stat. 1152) added subsec. (d).
    ---------------------------------------------------------------------------
        (e) \16\ Procurement Procedures by Certain Federal
    Agencies.--Notwithstanding any other provision of law, the
    President may direct any agency of the United States listed in
    Annex 1001.1a-2 of the North American Free Trade Agreement to
    procure eligible products in compliance with the procedural
    provisions of chapter 10 of such Agreement.
    ---------------------------------------------------------------------------
        \16\ Sec. 381(a)(3) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2128) added subsecs. (e) and (f).
    ---------------------------------------------------------------------------
        (f) \16\ Small Business and Minority Preferences.--The
    authority of the President under subsection (a) of this section
    to waive any law, regulation, procedure, or practice regarding
    Government procurement does not authorize the waiver of any
    small business or minority preference.

    SEC. 302.\17\ AUTHORITY TO ENCOURAGE RECIPROCAL COMPETITIVE PROCUREMENT
                        PRACTICES.

        (a) \18\ Authority To Bar Procurement From Non-Designated
    Countries.--
    ---------------------------------------------------------------------------
        \17\ 19 U.S.C. 2512.
        \18\ Sec. 343(a) of Public Law 103-465 (108 Stat. 4954) amended and
    restated subsec. (a).
    ---------------------------------------------------------------------------
              (1) In general.--Subject to paragraph (2), the
            President, in order to encourage additional countries
            to become parties to the Agreement and to provide
            appropriate reciprocal competitive government
            procurement opportunities to United States products and
            suppliers of such products--
                      (A) shall, with respect to procurement
                    covered by the Agreement, prohibit the
                    procurement, after the date on which any waiver
                    under section 301(a) first takes effect, of
                    products--
                              (i) which are products of a foreign
                            country or instrumentality which is not
                            designated pursuant to section 301(b),
                            and
                              (ii) which would otherwise be
                            eligible products; and
                      (B) may, with respect to procurement covered
                    by the Agreement, take such other actions
                    within the President's authority as the
                    President deems necessary.
              (2) Exception.--Paragraph (1) shall not apply in the
            case of procurements for which--
                      (A) there are no offers of products or
                    services of the United States or of eligible
                    products; or
                      (B) the offers of products or services of the
                    United States or of eligible products are
                    insufficient to fulfill the requirements of the
                    United States Government.
        (b) Deferrals and Waivers.--Notwithstanding subsection (a),
    but in furtherance of the objective of encouraging countries to
    become parties to the Agreement and provide appropriate
    reciprocal competitive government procurement opportunities to
    United States products and suppliers of such products, the
    President may--
              (1) \19\ waive the prohibition required by subsection
            (a)(1) on procurement of products of a foreign country
            or instrumentality which has not yet become a party to
            the Agreement but--
    ---------------------------------------------------------------------------
        \19\ Sec. 343(b)(1) of Public Law 103-465 (108 Stat. 4955) amended
    and restated para. (1).
    ---------------------------------------------------------------------------
                      (A) has agreed to apply transparent and
                    competitive procedures to its government
                    procurement equivalent to those in the
                    Agreement, and
                      (B) maintains and enforces effective
                    prohibitions on bribery and other corrupt
                    practices in connection with its government
                    procurement;
              (2) authorize agency heads to waive, subject to
            interagency review and general policy guidance by the
            organization established under section 242(a) of the
            Trade Expansion Act of 1962 (19 U.S.C. 1872(a)), such
            prohibition on a case-by-case basis when in the
            national interest; and
              (3) authorize the Secretary of Defense to waive,
            subject to interagency review and policy guidance by
            the organization established under section 242(a) of
            the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)),
            such prohibition for products of any country or
            instrumentality which enters into a reciprocal
            procurement agreement with the Department of Defense.
    Before exercising the waiver authority under paragraph (1), the
    President shall consult with the appropriate private sector
    advisory committees established under section 135 of the Trade
    Act of 1974 and with the appropriate committees of the
    Congress.\20\
    ---------------------------------------------------------------------------
        \20\ Sec. 343(b)(2) of Public Law 103-465 (108 Stat. 4955) inserted
    this sentence.
    ---------------------------------------------------------------------------
        (c) Report on Impact of Restrictions.--
              (1) Impact on the economy.--On or before July 1,
            1981, the President shall report to the Committee on
            Ways and Means and the Committee on Government
            Operations \21\ of the House of Representatives and to
            the Committee on Finance and the Committee on
            Governmental Affairs of the Senate on the effects on
            the United States economy (including effects on
            employment, production, competition, costs and prices,
            technological development, export trade, balance of
            payments, inflation, and the Federal budget) of the
            refusal of developed countries to allow the Agreement
            to cover the entities of the governments of such
            countries which are the principal purchasers of goods
            and equipment in appropriate product sectors.
    ---------------------------------------------------------------------------
        \21\ Sec. 1(a)(6) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Government Operations of the House
    of Representatives should be treated as referring to the Committee on
    Government Reform and Oversight of the House of Representatives.
    ---------------------------------------------------------------------------
              (2) Recommendations for attaining reciprocity.--The
            report required by paragraph (1) shall include an
            evaluation of alternative means to obtain equity and
            reciprocity in such product sectors, including (A)
            prohibiting the procedures of products of such
            countries by United States entities not covered by the
            Agreement, and (B) modifying the application of title
            III of the Act of March 3, 1933 (41 U.S.C. 10a et
            seq.), commonly referred to as the Buy American Act.
            The report shall include an analysis of the effect of
            such alternative means on the United States economy
            (including effects on employment, production,
            competition, costs and prices, technological
            development, export trade, balance of payments,
            inflation, and the Federal budget), and on successful
            negotiations on the expansion of the coverage of the
            Agreement pursuant to section 304 (a) and (b), other
            trade negotiating objectives, the relationship of the
            Federal Government to State and local governments, and
            such other factors as the President deems appropriate.
              (3) Consultation.--In the preparation of the report
            required by paragraph (1) and the evaluation and
            analysis required by paragraph (2), the President shall
            consult with representatives of the public, industry,
            and labor, and make available pertinent,
            nonconfidential information obtained in the course of
            such preparation to the advisory committees established
            pursuant to section 135 of the Trade Act of 1974.
        (d) Proposed Action.--
              (1) Presidential report.--On or before October 1,
            1981, the President shall prepare and transmit to the
            congressional committees referred to in subsection
            (c)(1) a report which describes the actions he deems
            appropriate to establish reciprocity with major
            industrialized countries in the area of Government
            procurement.
              (2) Procedure.--
                      (A) Presidential determination.--If the
                    President determines that any changes in
                    existing law or new statutory authority are
                    required to authorize or to implement any
                    action proposed in the report submitted under
                    paragraph (1), he shall, on or after January 1,
                    1982, submit to the Congress a bill to
                    accomplish such changes or provide such new
                    statutory authority. Prior to submitting such a
                    bill, the President shall consult with the
                    appropriate committees of the Congress having
                    jurisdiction over legislation involving subject
                    matters which would be affected by such action,
                    and shall submit to such committees a proposed
                    draft of such bill.
                      (B) Congressional consideration.--The
                    appropriate committee of each House of the
                    Congress shall give a bill submitted pursuant
                    to subparagraph (A) prompt consideration and
                    shall make its best efforts to take final
                    committee action on such bill in an expeditious
                    manner.

    SEC. 303.\22\ WAIVER OF DISCRIMINATORY PURCHASING REQUIREMENTS WITH
                        RESPECT TO PURCHASES OF CIVIL AIRCRAFT.

        The President may waive the application of the provisions
    of title III of the Act of March 3, 1933 (41 U.S.C. 10a et
    seq.), popularly referred to as the Buy American Act, in the
    case of any procurement of civil aircraft and related articles
    of a country or instrumentality which is a party to the
    Agreement on Trade in Civil Aircraft referred to in section
    2(c) and approved under section 2(a).\23\ The President may
    modify or withdraw any waiver granted pursuant to this section.
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        \22\ 19 U.S.C. 2513.
        \23\ Sec. 342(a) of Public Law 103-465 (108 Stat. 4953) inserted
    ``referred to in section 2(c) and approved under section 2(a)'' after
    ``Civil Aircraft''.
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    SEC. 304.\24\ EXPANSION OF THE COVERAGE OF THE AGREEMENT.

        (a) Overall Negotiating Objective.--The President shall
    seek in the renegotiations provided for in article XXIV(7) \25\
    of the Agreement more open and equitable market access abroad,
    and the harmonization, reduction, or elimination of devices
    which distort trade or commerce related to Government
    procurement, with the overall goal of maximizing the economic
    benefit to the United States through maintaining and enlarging
    foreign markets for products of United States agriculture,
    industry, mining, and commerce, the development of fair and
    equitable market opportunities, and open and nondiscriminatory
    world trade. In carrying out the provisions of this subsection,
    the President shall consider the assessment made in the report
    required under section 306(a).
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        \24\ 19 U.S.C. 2514.
        \25\ Sec. 342(b)(1) of Public Law 103-465 (108 Stat. 4953) struck
    out ``part IX, paragraph 6'' and inserted in lieu thereof ``article
    XXIV(7)'' in subsecs. (a) and (c). In both subsecs. (a) and (c), sec.
    20(c)(11) of Public Law 104-295 (110 Stat. 3528) struck out the comma
    after ``article XXIV(7)''.
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        (b) Sector Negotiating Objectives.--The President shall
    seek, consistent with the overall objective set forth in
    subsection (a) and to the maximum extent feasible, with respect
    to appropriate product sectors, competitive opportunities for
    the export of United States products to the developed countries
    of the world equivalent to the competitive opportunities
    afforded by the United States, taking into account all barriers
    to, and other distortions of, international trade affecting
    that sector.
        (c) Independent Verification Objective.--The President
    shall seek to establish in the renegotiation provided for in
    article XXIV(7) \25\ of the Agreement a system for independent
    verification of information provided by parties to the
    Agreement to the Committee on Government Procurement pursuant
    to article XIX(5) \26\ of the Agreement.
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        \26\ Sec. 342(b)(2) of Public Law 103-465 (108 Stat. 4953) struck
    out ``part VI, paragraph 9'' and inserted in lieu thereof ``article
    XIX(5)''. Sec. 20(c)(11)(B)(ii) of Public Law 104-295 (110 Stat. 3528)
    struck out a comma after ``article XIX(5)''.
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        (d) Reports of Negotiations.--
              (1) Report in the event of inadequate progress.--If,
            during the renegotiations of the Agreement, the
            President at any time determines that the
            renegotiations are not progressing satisfactorily and
            are not likely to result, within twelve months of the
            commencement thereof, in an expansion of the Agreement
            to cover purchases by the entities of the governments
            of developed countries which are the principal
            purchasers of goods and equipment in appropriate
            product sectors, he shall so report to the
            congressional committees referred to in section
            302(c)(1). Taking into account the objectives set forth
            in subsections (a) and (b) of this section and the
            factors required to be analyzed under section 302(c),
            the President shall further report to such committees
            appropriate actions to seek reciprocity in such product
            sectors with such countries in the area of Government
            procurement.
              (2) Legislative recommendations.--Taking into account
            the factors required to be analyzed under section
            302(c), the President may recommend to the Congress
            legislation (with respect to entities of the Government
            which are not covered by the Agreement) which may
            prohibit such entities from purchasing products of such
            countries.
              (3) Annual reports.--Each annual report of the
            President under section 163(a) of the Trade Act of 1974
            made after the date of enactment of this Act shall
            report the actions, if any the President deemed
            appropriate to establish reciprocity in appropriate
            product sectors with major industrial countries in the
            area of government procurement.
        (e) Extension of Nondiscrimination and National
    Treatment.--Before exercising the waiver authority in section
    301 for procurement not covered by the Agreement on the date it
    enters into force with respect to the United States,\27\ the
    President shall follow the consultation provisions of section
    135 and chapter 6 of title I of the trade Act of 1974 for
    private sector and congressional consultations.
    ---------------------------------------------------------------------------
        \27\ Sec. 342(b)(3) of Public Law 103-465 (108 Stat. 4953) struck
    out ``date of enactment of this Act'' and inserted in lieu thereof
    ``date it enters into force with respect to the United States''.
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    SEC. 305.\28\ MONITORING AND ENFORCEMENT.

        (a) Monitoring and Enforcement Structure Recommendations.--
    In the preparation of the recommendations for the
    reorganization of trade functions, the President shall insure
    that careful consideration is given to monitoring and enforcing
    the requirements of the Agreement and this title, with
    particular regard to the tendering procedures required by the
    Agreement or otherwise agreed to by a country or
    instrumentality likely to be designated pursuant to section
    301(b).
    ---------------------------------------------------------------------------
        \28\ 19 U.S.C. 2515.
    ---------------------------------------------------------------------------
        (b) Rules of Origin.--
              (1) Advisory rulings and final determinations.--For
            the purposes of this title, the Secretary of the
            Treasury shall provide for the prompt issuance of
            advisory rulings and final determinations on whether,
            under section 308(4)(B), an article is or would be a
            product of a foreign country or instrumentality
            designated pursuant to section 301(b).\29\
    ---------------------------------------------------------------------------
        \29\ This responsibility of the Secretary of the Treasury was
    transferred to the Secretary of Commerce, pursuant to sec. 5(a)(1) of
    Reorganization Plan No. 3 of 1979 (International Trade). However, the
    Secretary of Commerce shall consult the Secretary of the Treasury in
    exercising this function.
    ---------------------------------------------------------------------------
              (2) Penalties for fraudulent conduct.--In addition to
            any other provisions of law which may be applicable,
            section 1001 of title 18, United States Code, shall
            apply to fraudulent conduct with respect to the origin
            of products for purposes of qualifying for a waiver
            under section 301 or avoiding a prohibition under
            section 302.
        (c) Report to Congress on Rules of Origin.--
              (1) Domestic administrative practices.--As soon as
            practicable after the close of the two-year period
            beginning on the date on which any waiver under section
            301(a) first takes effect, the President shall prepare
            and transmit to Congress a report containing an
            evaluation of administrative practices under any
            provision of law which requires determinations to be
            made of the country of origin of goods, products,
            commodities, or other articles of commerce. Such
            evaluation shall be accompanied by the President's
            recommendations for legislative and executive measures
            required to improve and simplify and to make more
            uniform and consistent such practices. Such evaluation
            and recommendations shall take into account the special
            problems affecting insular possessions of the United
            States with respect to such practices.
              (2) Foreign administrative practices.--The report
            required under paragraph (1) shall contain an
            evaluation of the administrative practices under the
            laws of each major industrial country which require
            determinations to be made of the country of origin of
            goods, products, commodities, or other articles of
            commerce, including an assessment of such practices on
            the exports of the United States.
      (d) \30\ Annual Report on Foreign Discrimination.--
              (1) Annual report required.--The President shall, no
            later than April 30 of each year,\31\ submit to the
            appropriate committees of the House of Representatives
            and the Committee on Governmental Affairs of the
            Senate, as well as other appropriate Senate committees,
            a report on the extent to which foreign countries
            discriminate against United States products or services
            in making government procurements.
    ---------------------------------------------------------------------------
        \30\ Sec. 7003 of the Omnibus Trade and Competitiveness Act of 1988
    (Public Law 100-418; 102 Stat. 1548) added subsecs. (d) through (k).
        \31\ Sec. 342(c) of Public Law 103-465 (108 Stat. 4953) struck out
    ``April 30, 1990, and annually on April 30 thereafter,'' and inserted
    in lieu thereof ``April 30 of each year,''.
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              (2) Identifications required.--In the annual report,
            the President shall identify (and continue to identify
            subject to subsections (f)(5) and (g)(3)) any
            countries, other than least developed countries, that--
                      (A) are signatories to the Agreement and not
                    in compliance with the requirements of the
                    Agreement;
                      (B)(i) are signatories to the Agreement;
                      (ii) are in compliance with the Agreement
                    but, in the government procurement of products
                    or services not covered by the Agreement,
                    maintain a significant and persistent pattern
                    or practice of discrimination against United
                    States products or services which results in
                    identifiable harm to United States businesses;
                    and
                      (iii) whose products or services are acquired
                    in significant amounts by the United States
                    Government; \32\
    ---------------------------------------------------------------------------
        \32\ Sec. 20(c)(10) of Public Law 104-295 (110 Stat. 3528) struck
    out ``or'' at the end of subpara. (B), and struck out a period at the
    end of subpara. (C) and replaced it with a semicolon.
    ---------------------------------------------------------------------------
                      (C)(i) are not signatories to the Agreement;
                      (ii) maintain, in government procurement, a
                    significant and persistent pattern or practice
                    of discrimination against United States
                    products or services which results in
                    identifiable harm to United States businesses;
                    and
                      (iii) whose products or services are acquired
                    in significant amounts by the United States
                    Government; \32\
                      (D) \33\ (i) are not signatories to the
                    Agreement;
    ---------------------------------------------------------------------------
        \33\ Sec. 341(c) of Public Law 103-465 (108 Stat. 4953) added
    subparas. (D) and (E).
    ---------------------------------------------------------------------------
                      (ii) fail to apply transparent and
                    competitive procedures to its government
                    procurement equivalent to those in the
                    Agreement; and
                      (iii) whose products or services are acquired
                    in significant amounts by the United States
                    Government; or
                      (E) \33\ (i) are not signatories to the
                    Agreement;
                      (ii) fail to maintain and enforce effective
                    prohibitions on bribery and other corrupt
                    practices in connection with government
                    procurement; and
                      (iii) whose products or services are acquired
                    in significant amounts by the United States
                    Government.
              (3) Considerations in making identifications.--In
            making the identifications required by paragraph (1),
            the President shall--
                      (A) use the requirements of the Agreement,
                    government procurement practices, and the
                    effects of such practices on United States
                    businesses as a basis for evaluating whether
                    the procurement practices of foreign
                    governments do not provide fair market
                    opportunities for United States products or
                    services;
                      (B) take into account, among other factors,
                    whether and to what extent countries that are
                    signatories to the Agreement, and other
                    countries described in paragraph (1) of this
                    subsection--
                              (i) use sole-sourcing or otherwise
                            noncompetitive procedures for
                            procurements that could have been
                            conducted using competitive procedures;
                              (ii) conduct what normally would have
                            been one procurement as two or more
                            procurements, to decrease the
                            anticipated contract values below the
                            Agreement's value threshold or to make
                            the procurements less attractive to
                            United States businesses;
                              (iii) announce procurement
                            opportunities with inadequate time
                            intervals for United States businesses
                            to submit bids; and
                              (iv) use specifications in such a way
                            as to limit the ability of United
                            States suppliers to participate in
                            procurements; and
                      (C) use any other additional criteria deemed
                    appropriate, including the failure to maintain
                    and enforce effective prohibitions on bribery
                    and other corrupt practices in connection with
                    government procurement.\34\
    ---------------------------------------------------------------------------
        \34\ Sec. 341(c)(2) of Public Law 103-465 (108 Stat. 4953) added
    text to the end of the sentence beginning with ``, including the
    failure''.
    ---------------------------------------------------------------------------
              (4) Contents of reports.--The reports required by
            this subsection shall include, with respect to each
            country identified under subparagraph (A), (B), or (C)
            of paragraph (1), the following:
                      (A) a description of the specific nature of
                    the discrimination, including (for signatory
                    countries) any provision of the Agreement with
                    which the country is not in compliance;
                      (B) an identification of the United States
                    products or services that are affected by the
                    noncompliance or discrimination;
                      (C) an analysis of the impact of the
                    noncompliance or discrimination on the commerce
                    of the United States and the ability of United
                    States companies to compete in foreign
                    government procurement markets; and
                      (D) a description of the status, action
                    taken, and disposition of cases of
                    noncompliance or discrimination identified in
                    the preceding annual report with respect to
                    such country.
              (5) Information and advice from government agencies
            and united states businesses.--In developing the annual
            reports required by this subsection, the President
            shall seek information and advice from executive
            agencies through the interagency trade organization
            established under section 242(a) of the Trade Expansion
            Act of 1962, and from United States businesses in the
            United States and in countries that are signatories to
            the Agreement and in other foreign countries whose
            products or services are acquired in significant
            amounts by the United States Government.
              (6) Impact of noncompliance.--The President shall
            take into account, in identifying countries in the
            annual report and in any action required by this
            section, the relative impact of any noncompliance with
            the Agreement or of other discrimination on United
            States commerce and the extent to which such
            noncompliance or discrimination has impeded the ability
            of United States suppliers to participate in
            procurements on terms comparable to those available to
            suppliers of the country in question when seeking to
            sell goods or services to the United States Government.
              (7) Impact on procurement costs.--Such report shall
            also include an analysis of the impact on United States
            Government procurement costs that may occur as a
            consequence of any sanctions that may be required by
            subsection (f) or (g) of this section.
      (e) \30\ Consultation.--No later than the date the annual
    report is submitted under subsection (d)(1), the United States
    Trade Representative, on behalf of the United States, shall
    request consultations with any countries identified in the
    report to obtain their compliance with the Agreement or the
    elimination of their discriminatory procurement practices
    unless the country is identified as discriminatory pursuant to
    section 305(d)(1) in the preceding annual report.
      (f) \30\ Procedures With Respect to Violations of the
    Agreement.--
              (1) Initiation of dispute settlement procedures.--If,
            within 60 days after the annual report is submitted
            under subsection (d)(1), a signatory country identified
            pursuant to subsection (d)(1)(A) has not complied with
            the Agreement, then the United States Trade
            Representative shall promptly request proceedings on
            the matter under the formal dispute settlement
            procedures provided under the Agreement unless such
            proceedings are already underway pursuant to the
            identification of the signatory country under section
            305(d)(1) as not in compliance in a preceding annual
            report.
              (2) Settlement of disputes.--If, before the end of
            the 18 months \35\ following the initiation of dispute
            settlement procedures--
    ---------------------------------------------------------------------------
        \35\ Sec. 341(a)(1) of Public Law 103-465 (108 Stat. 4952) struck
    out ``a year'' and inserted in lieu thereof ``the 18 months''.
    ---------------------------------------------------------------------------
                      (A) the other participant to the dispute
                    settlement procedures has complied with the
                    Agreement,
                      (B) the other participant to the procedures
                    takes the action recommended as a result of the
                    procedures to the satisfaction of the
                    President,\36\
    ---------------------------------------------------------------------------
        \36\ Secs. 341(a)(2), (3), and (4) of Public Law 103-465 (108 Stat.
    4952) struck out ``or'' at the end of subpara. (B), redesignated
    subpara. (C) as subpara. (D), and added a new subpara. (C).
    ---------------------------------------------------------------------------
                      (C) \36\ the procedures result in a
                    determination providing a specific period of
                    time for the other participant to bring its
                    practices into compliance with the Agreement,
                    or
                      (D) \36\ the procedures result in a
                    determination requiring no action by the other
                    participant,
            the President shall take no action to limit Government
            procurement from that participant.
              (3) \37\ Sanctions after dispute resolution fails.--
    ---------------------------------------------------------------------------
        \37\ Sec. 341(b)(1) of Public Law 103-465 (108 Stat. 4952) amended
    and restated para. (3).
    ---------------------------------------------------------------------------
                      (A) Failures resulting in sanctions.--If--
                              (i) within 18 months from the date
                            dispute settlement procedures are
                            initiated with a signatory country
                            pursuant to this section--
                                      (I) such procedures are not
                                    concluded, or
                                      (II) the country has not met
                                    the requirements of
                                    subparagraph (A) or (B) of
                                    paragraph (2), or
                              (ii) the period of time provided for
                            pursuant to paragraph (2)(C) has
                            expired and procedures for suspending
                            concessions under the Agreement have
                            been completed, then the sanctions
                            described in subparagraph (B) shall be
                            imposed.
                      (B) Sanctions.--
                              (i) In general.--If subparagraph (A)
                            applies to any signatory country--
                                      (I) the signatory country
                                    shall be considered as a
                                    signatory not in good standing
                                    of the Agreement and the
                                    prohibition on procurement
                                    contained in section 4 of the
                                    Act of March 3, 1933 (41 U.S.C.
                                    10b-1) shall apply to such
                                    country, and
                                      (II) the President shall
                                    revoke the waiver of
                                    discriminatory purchasing
                                    requirements granted to the
                                    signatory country pursuant to
                                    section 301(a).
                              (ii) Time sanctions are imposed.--Any
                            sanction--
                                      (I) described in clause
                                    (i)(I) shall apply from the
                                    date that is the last day of
                                    the 18-month period described
                                    in subparagraph (A)(i) or, in
                                    the case of paragraph (2)(C),
                                    from the date procedures for
                                    suspending concessions under
                                    the Agreement have been
                                    completed, and
                                      (II) described in clause
                                    (i)(II) shall apply beginning
                                    on the day after the date
                                    described in subclause (I).
              (4) Withholding and modification of sanctions.--If
            the President determines that imposing or continuing
            the sanctions required by subclause (I) or (II) of
            paragraph (3)(B)(i) \38\ would harm the public interest
            of the United States, the President may, to the extent
            necessary to apply appropriate limitations that are
            equivalent, in their effect, to the noncompliance with
            the Agreement by that signatory country--
    ---------------------------------------------------------------------------
        \38\ Sec. 341(b)(2) of Public Law 103-465 (108 Stat. 4952) struck
    out ``subparagraph (A) or (B) of paragraph (3)'' and inserted in lieu
    thereof ``subclause (I) or (II) of paragraph (3)(B)(i)''.
    ---------------------------------------------------------------------------
                      (A) withhold the imposition of either (but
                    not both) of such sanctions;
                      (B) modify or restrict the application of
                    either or both such sanctions, subject to such
                    terms and conditions as the President considers
                    appropriate; or
                      (C) take any combination of the actions
                    permitted by subparagraph (A) or (B) of this
                    paragraph.
              (5) Termination of sanctions and reinstatement of
            waivers.--The President may terminate the sanctions
            imposed under paragraph (3) or (4), reinstate the
            waiver of discriminatory purchasing requirements
            granted to that signatory country pursuant to section
            301(a) of this Act, and remove that country from the
            report under subsection (d)(1) of this section at such
            time as the President determines that--
                      (A) the signatory country has complied with
                    the Agreement;
                      (B) the signatory country has taken
                    corrective action as a result of the dispute
                    settlement procedures to the satisfaction of
                    the President; or
                      (C) the dispute settlement procedures result
                    in a determination requiring no action by the
                    other signatory country.
      (g) \30\ Procedures With Respect to Other Discrimination.--
              (1) Imposition of sanctions.--If, within 60 days
            after the annual report is submitted under subsection
            (d)(1), a country that is identified pursuant to
            subparagraph (B), (C), (D), or (E) \39\ of subsection
            (d)(2) \40\ has not eliminated the practices regarding
            government procurement identified under subparagraph
            (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may
            be) \41\ of subsection (d)(2),\42\ then, on the day
            after the end of such 60-day period--
    ---------------------------------------------------------------------------
        \39\ Sec. 343(c)(1)(A) of Public Law 103-465 (108 Stat. 4955)
    struck out ``(B) or (C)'' and inserted in lieu thereof ``(B), (C), (D),
    or (E)''.
        \40\ Sec. 20(c)(13)(A)(i) of Public Law 104-295 (110 Stat. 3528)
    struck out ``of such subsection'' and inserted in lieu thereof ``of
    subsection (d)(2)''.
        \41\ Sec. 343(c)(1)(B) of Public Law 103-465 (108 Stat. 4955)
    struck out ``their discriminatory procurement practices'' and inserted
    in lieu thereof ``the practices regarding government procurement
    identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as
    the case may be)''.
        \42\ Sec. 20(c)(13)(A)(ii) of Public Law 104-295 (110 Stat. 3528)
    inserted ``of subsection (d)(2)'' after ``(as the case may be)''.
    ---------------------------------------------------------------------------
                      (A) \43\ the President shall identify such
                    country as a country that maintains, in
                    government procurement, a significant and
                    persistent pattern or practice of
                    discrimination against United States products
                    or services which results in identifiable harm
                    to United States businesses; and
    ---------------------------------------------------------------------------
        \43\ On June 29, 1993, the President issued a determination which
    delegated authority to the USTR to ``formally identify Japan as a
    country that discriminates against U.S. products or services in
    government procurement of construction, architectural, and engineering
    services'', and furthermore, ``to impose, modify, or restrict sanctions
    in response to the discrimination so identified.'' (58 F.R. 35357).
    This authority was continued several times, most recently through
    October 7, 1994 (59 F.R. 50477).
    ---------------------------------------------------------------------------
                      (B) the prohibition on procurement contained
                    in section 4 of the Act of March 3, 1933, shall
                    apply to such country.
              (2) Withholding and modification of sanctions.--If
            the President determines that imposing or continuing
            the sanction required by paragraph (1) would harm the
            public interest of the United States, the President
            may, to the extent necessary to impose appropriate
            limitations that are equivalent, in their effect, to
            the discrimination against United States products or
            services in government procurement by that country,
            modify or restrict the application of such sanction,
            subject to such terms and conditions as the President
            considers appropriate.
              (3) Termination of sanctions.--The President may
            terminate the sanctions imposed under paragraph (1) or
            (2) and remove a country from the report under
            subsection (d)(1) at such time as the President
            determines that the country has eliminated the
            practices regarding government procurement identified
            under subparagraph (B)(ii), (C)(ii), (D)(ii), or
            (E)(ii) (as the case may be) of subsection (d)(2) \44\.
    ---------------------------------------------------------------------------
        \44\ Sec. 343(c)(2) of Public Law 103-465 (108 Stat. 4955) struck
    out ``discrimination identified pursuant to subsection (d)(2) (B) or
    (C)'' and inserted in lieu thereof ``the practices regarding government
    procurement identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or
    (E)(ii) (as the case may be)'', resulting in a double ``the''. Sec.
    20(c)(13)(B) of Public Law 104-295 (110 Stat. 3529) struck out ``the
    the'' and inserted in lieu thereof ``the'', and inserted ``of
    subsection (d)(2)'' after ``(as the case may be)''.
    ---------------------------------------------------------------------------
      (h) \30\ Limitations on Imposing Sanctions.--
              (1) Avoiding adverse impact on competition.--The
            President shall not take any action under subsection
            (f) or (g) of this section if the President determines
            that such action--
                      (A) would limit the procurement or class of
                    procurements to, or would establish a
                    preference for, the products or services of a
                    single manufacturer or supplier; or
                      (B) would, with respect to any procurement or
                    class of procurements, result in an
                    insufficient number of potential or actual
                    bidders to assure procurement of services,
                    articles, materials, or supplies of requisite
                    quality at competitive prices.
              (2) Advice from u.s. agencies and businesses.--The
            President, in taking any action under this subsection
            to limit government procurements from foreign
            countries, shall seek the advice of executive agencies
            through the interagency trade organization established
            under section 242(a) of the Trade Expansion Act of 1962
            and the advice of United States businesses and other
            interested parties.
      (i) \30\ Renegotiation To Secure Full and Open Competition.--
    The President shall instruct the United States Trade
    Representative, in conducting renegotiations of the Agreement,
    to seek improvements in the Agreement that will secure full and
    open competition consistent with the requirements imposed by
    the amendments made by the Competition in Contracting Act
    (Public Law 98-369; 98 Stat. 1175).
      (j) \30\ Federal Register Notices of Actions.--
              (1) Notices required.--A notice shall be published in
            the Federal Register on the date of any action under
            this section, describing--
                      (A) the results of dispute settlement
                    proceedings under subsection (f)(2);
                      (B) any sanction imposed under subsection
                    (f)(3) or (g)(1);
                      (C) any withholding, modification, or
                    restriction of any sanction under subsection
                    (f)(4) or (g)(2); and
                      (D) the termination of any sanction under
                    subsection (f)(5) or (g)(3).
              (2) Publication of determinations lifting
            sanctions.--A notice describing the termination of any
            sanction under subsection (f)(5) or (g)(3) shall
            include a copy of the President's determination under
            such subsection.
      (k) \30\ General Report on Actions Under This Section.--
              (1) Advice to the congress.--The President shall, as
            necessary, advise the Congress and, by no later than
            April 30, 1994, submit to the appropriate committees of
            the House of Representatives, and to the Committee on
            Governmental Affairs and other appropriate committees
            of the Senate, a general report on actions taken
            pursuant to this section.
              (2) Contents of report.--The general report required
            by this subsection shall include an evaluation of the
            adequacy and effectiveness of actions taken pursuant to
            subsections (e), (f), and (g) of this section as a
            means toward eliminating discriminatory government
            procurement practices against United States businesses.
              (3) Legislative recommendations.--The general report
            may also include, if appropriate, legislative
            recommendations for enhancing the usefulness of this
            section or for other measures to be used as means for
            eliminating or responding to discriminatory foreign
            government procurement practices.

    SEC. 306.\45\ LABOR SURPLUS AREA STUDIES * * * [REPEALED--1994]

    SEC. 307.\46\ AVAILABILITY OF INFORMATION TO CONGRESSIONAL ADVISERS.

        The United States Trade Representative \47\ shall make
    available to the Members of Congress designated as official
    advisers pursuant to section 161 of the Trade Act of 1974
    information compiled by the Committee on Government Procurement
    under article XIX(5),\48\ of the Agreement.
    ---------------------------------------------------------------------------
        \45\ Formerly at 19 U.S.C. 2516. Repealed by sec. 7206(c) of Public
    Law 103-355 (108 Stat. 3382). Repealed again by sec. 342(d) of Public
    Law 103-465 (108 Stat. 4953).
        \46\ 19 U.S.C. 2517.
        \47\ Sec. 1(1)(b) of the Reorganization Plan No. 3 of 1979 (44 F.R.
    69273) struck out ``Special Representative for Trade Negotiations'' and
    inserted in lieu thereof ``United States Trade Representative''.
        \48\ Sec. 342(e) of Public Law 103-465 (108 Stat. 4953) struck out
    ``part VI, paragraph 9'' and inserted in lieu thereof ``article
    XIX(5)''.
    ---------------------------------------------------------------------------

    SEC. 308.\49\ DEFINITIONS.

        As used in this title--
    ---------------------------------------------------------------------------
        \49\ 19 U.S.C. 2518.
    ---------------------------------------------------------------------------
              (1) Agreement.--The term ``Agreement'' means the
            Agreement on Government Procurement referred to in
            section 101(d)(17) of the Uruguay Round Agreements
            Act,\50\ as submitted to the Congress, but including
            rectifications, modifications, and amendments which are
            accepted by the United States.
    ---------------------------------------------------------------------------
        \50\ Sec. 342(f)(1) of Public Law 103-465 (108 Stat. 4953) struck
    out ``section 2(c) of this Act'' and inserted in lieu thereof ``section
    101(d)(17) of the Uruguay Round Agreements Act''.
    ---------------------------------------------------------------------------
              (2) Civil aircraft.--The term ``civil aircraft and
            related articles'' means--
                      (A) all aircraft other than aircraft to be
                    purchased for use by the Department of Defense
                    or the United States Coast Guard;
                      (B) the engines (and parts and components for
                    incorporation therein) of such aircraft;
                      (C) any other parts, components, and
                    subassemblies for incorporation in such
                    aircraft; and
                      (D) any ground flight simulators, and parts
                    and components thereof, for use with respect to
                    such aircraft,
            whether to be purchased for use as original or
            replacement equipment in the manufacture, repair,
            maintenance, rebuilding, modification, or conversion of
            such aircraft, and without regard to whether such
            aircraft or articles receive duty-free treatment
            pursuant to section 601(a)(2).
              (3) Developed countries.--The term ``developed
            countries'' means countries so designated by the
            President.
              (4) Eligible products.--
                      (A) \51\ In general.--The term ``eligible
                    product'' means, with respect to any foreign
                    country or instrumentality that is--
    ---------------------------------------------------------------------------
        \51\ Sec. 381(c) of the NAFTA Implementation Act (Public Law 103-
    182; 107 Stat. 2129) amended and restated subpara. (A). It formerly
    read as follows:
        ``(A) In general.--The term `eligible product' means, with respect
    to any foreign country or instrumentality, a product or service of that
    country or instrumentality which is covered under the Agreement for
    procurement by the United States.''.
    ---------------------------------------------------------------------------
                              (i) a party to the Agreement, a
                            product or service of that country or
                            instrumentality which is covered under
                            the Agreement for procurement by the
                            United States; \52\
    ---------------------------------------------------------------------------
        \52\ Sec. 401 of the United States-Australia Free Trade Agreement
    Implementation Act (Public Law 108-286; 118 Stat. 950) struck out
    ``or'' at the end of clause (i), struck out a period at the end of
    clause (ii) and inserted in lieu thereof ``; or'', and added clause
    (iii).
    ---------------------------------------------------------------------------
                              (ii) a party to the North American
                            Free Trade Agreement, a product or
                            service of that country or
                            instrumentality which is covered under
                            the North American Free Trade Agreement
                            for procurement by the United States;
                            \52\, \53\
    ---------------------------------------------------------------------------
        \53\ Sec. 401 of the Dominican Republic-Central America-United
    States Free Trade Agreement Implementation Act (Public Law 109-53; 119
    Stat. 495) struck out ``or'' at the end of clause (ii), struck out a
    period at the end of clause (iii) and inserted in lieu thereof ``;
    or'', and added clause (iv).
    ---------------------------------------------------------------------------
                              (iii) \52\ a party to a free trade
                            agreement that entered into force with
                            respect to the United States after
                            December 31, 2003, and before January
                            2, 2005, a product or service of that
                            country or instrumentality which is
                            covered under the free trade agreement
                            for procurement by the United States;
                            \53\, \54\
    ---------------------------------------------------------------------------
        \54\ Sec. 401 of the United States-Bahrain Free Trade Agreement
    Implementation Act (Public Law 109-169; 119 Stat. 3599) struck out
    ``or'' at the end of clause (iii), struck out a period at the end of
    clause (iv) and inserted in lieu thereof ``; or'', and added clause
    (v).
    ---------------------------------------------------------------------------
                              (iv) \53\ a party to the Dominican
                            Republic-Central America-United States
                            Free Trade Agreement, a product or
                            service of that country or
                            instrumentality which is covered under
                            that Agreement for procurement by the
                            United States; or \54\
                              (v) \54\ a party to a free trade
                            agreement that entered into force with
                            respect to the United States after
                            December 31, 2005, and before July 2,
                            2006, a product or service of that
                            country or instrumentality which is
                            covered under the free trade agreement
                            for procurement by the United States.
                      (B) Rule of origin.--An article is a product
                    of a country or instrumentality only if (i) it
                    is wholly the growth, product, or manufacture
                    of that country or instrumentality, or (ii) in
                    the case of an article which consists in whole
                    or in part of materials from another country or
                    instrumentality, it has been substantially
                    transformed into a new and different article of
                    commerce with a name, character, or use
                    distinct from that of the article or articles
                    from which it was so transformed.
                      (C) \55\ Lowered threshold for certain
                    products as a consequence of united states-
                    israel free trade area provisions.--The term
                    ``eligible product'' includes a product or
                    service of Israel for which the United States
                    is obligated to waive Buy National restrictions
                    under--
    ---------------------------------------------------------------------------
        \55\ Sec. 7 of the United States-Israel Free Trade Area
    Implementation Act of 1985 (Public Law 99-47; 99 Stat. 84) added
    subpara. (C).
    ---------------------------------------------------------------------------
                              (i) the Agreement on the
                            Establishment of a Free Trade Area
                            between the Government of the United
                            States of America and the Government of
                            Israel, regardless of the thresholds
                            provided for in the Agreement (as
                            defined in paragraph (1)), or
                              (ii) any subsequent agreement between
                            the United States and Israel which
                            lowers on a reciprocal basis the
                            applicable threshold for entities
                            covered by the Agreement.\56\
    ---------------------------------------------------------------------------
        \56\ Sec. 342(f)(2)(A) of Public Law 103-465 (108 Stat. 4953)
    struck out ``having a contract value of $50,000 or more which would be
    covered for procurement by the United States under the Agreement on
    Government Procurements as in effect on the date on which the Agreement
    on the Establishment of a Free Trade Area between the Government of
    Israel enters into force, but for the SDR 150,000 threshold provided
    for in article I(1)(b) of the Agreement on Government Procurement.''
    and added text beginning ``for which the United States is obligated''.
    ---------------------------------------------------------------------------
                      (D) \57\ Lowered threshold for certain
                    products as a consequence of united states-
                    canada free-trade agreement.--Except as
                    otherwise agreed by the United States and
                    Canada under paragraph 3 of article 1304 of the
                    United States-Canada Free-Trade Agreement, the
                    term ``eligible product'' includes a product or
                    service of Canada having a contract value of
                    $25,000 or more that would be covered for
                    procurement by the United States under the
                    Agreement (as defined in paragraph (1)), but
                    for the thresholds provided for in the
                    Agreement.\58\
    ---------------------------------------------------------------------------
        \57\ Sec. 306 of the United States-Canada Free-Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1876) added
    subpara. (D).
        \58\ Sec. 342(f)(2)(B) of Public Law 103-465 (108 Stat. 4954)
    struck out ``GATT Agreement on Government Procurement, but for the SDR
    threshold provided for in article I(1)(b) of the GATT Agreement on
    Government Procurement.'' and inserted in lieu thereof ``the Agreement
    (as defined in paragraph (1)), but for the thresholds provided for in
    the Agreement.'', resulting in a double ``the''. Sec. 20(c)(12) of
    Public Law 104-295 (110 Stat. 3528) struck out ``the the'' and inserted
    in lieu thereof ``the''.
    ---------------------------------------------------------------------------
              (5) Instrumentality.--The term ``instrumentality''
            shall not be construed to include an agency or division
            of the government of a country, but may be construed to
            include such arrangements as the European Economic
            Community.
              (6) Least developed country.--The term ``least
            developed country'' means any country on the United
            Nations General Assembly list of least developed
            countries.
              (7) Major industrial country.--The term ``major
            industrial country'' means any such country as defined
            in section 126 of the Trade Act of 1974 and any
            instrumentality of such a country.\59\
    ---------------------------------------------------------------------------
        \59\ Such definition in sec. 126 of the Trade Act of 1974 includes
    ``Canada, the European Economic Community, the individual member
    countries of such Community, Japan, and any other foreign country
    designated by the President''.
    ---------------------------------------------------------------------------

    SEC. 309.\60\ EFFECTIVE DATES.

        The provisions of this title shall be effective on the date
    of enactment of this Act, except that--
    ---------------------------------------------------------------------------
        \60\ 19 U.S.C. 2511 note.
    ---------------------------------------------------------------------------
              (1) the authority of the President to grant waivers
            under section 303 shall be effective on January 1,
            1980; and
              (2) the authority of the President to grant waivers
            under section 301 shall be effective on January 1,
            1981.

               TITLE IV--TECHNICAL BARRIERS TO TRADE (STANDARDS)

                  Subtitle A--Obligations of the United States

    SEC. 401.\61\ CERTAIN STANDARDS-RELATED ACTIVITIES.

        (a) \62\ No Bar To Engaging in Standards Activity.--Nothing
    in this title may be construed--
    ---------------------------------------------------------------------------
        \61\ 19 U.S.C. 2531.
        \62\ Sec. 351(b) of Public Law 103-465 (108 Stat. 4955) added a new
    subsec. (a), and redesignated the previous language as subsec. (b), by
    striking ``Nothing'' and inserting in lieu thereof ``(b) Unnecessary
    Obstacles.--Nothing''.
    ---------------------------------------------------------------------------
              (1) to prohibit a Federal agency from engaging in
            activity related to standards-related measures,
            including any such measure relating to safety, the
            protection of human, animal, or plant life or health,
            the environment, or consumers; or
              (2) to limit the authority of a Federal agency to
            determine the level it considers appropriate of safety
            or of protection of human, animal, or plant life or
            health, the environment, or consumers.
        (b) \62\ Unnecessary Obstacles.--Nothing in this title may
    be construed as prohibiting any private person, Federal agency,
    or State agency from engaging in standards-related activities
    that do not create unnecessary obstacles to the foreign
    commerce of the United States. No standards-related activity of
    any private person, Federal agency, or State agency shall be
    deemed to constitute an unnecessary obstacle to the foreign
    commerce of the United States if the demonstrable purpose of
    the standards-related activity is to achieve a legitimate
    domestic objective including, but not limited to, the
    protection of legitimate health or safety, essential security,
    environmental, or consumer interests and if such activity does
    not operate to exclude imported products which fully meet the
    objectives of such activity.

    SEC. 402.\63\ FEDERAL STANDARDS-RELATED ACTIVITIES.

        No Federal agency may engage in any standards-related
    activity that creates unnecessary obstacles to the foreign
    commerce of the United States, including, but not limited to,
    standards-related activities that violate any of the following
    requirements:
    ---------------------------------------------------------------------------
        \63\ 19 U.S.C. 2532.
    ---------------------------------------------------------------------------
              (1) Nondiscriminatory treatment.--Each Federal agency
            shall ensure, in applying standards-related activities
            with respect to any imported product, that such product
            is treated no less favorably than are like domestic or
            imported products, including, but not limited to, when
            applying tests or test methods, no less favorable
            treatment with respect to--
                      (A) the acceptance of the product for testing
                    in comparable situations;
                      (B) the administration of the tests in
                    comparable situations;
                      (C) the fees charged for tests;
                      (D) the release of test results to the
                    exporter, importer, or agents;
                      (E) the siting of testing facilities and the
                    selection of samples for testing; and
                      (F) the treatment of confidential information
                    pertaining to the product.
              (2) Use of international standards.--
                      (A) In general.--Except as provided in
                    subparagraph (B)(ii), each Federal agency, in
                    developing standards, shall take into
                    consideration international standards and
                    shall, if appropriate, base the standards on
                    international standards.
                      (B) Application of requirement.--For purposes
                    of this paragraph, the following apply:
                              (i) International standards not
                            appropriate.--The reasons for which the
                            basing of a standard on an
                            international standard may not be
                            appropriate include, but are not
                            limited to, the following:
                                      (I) National security
                                    requirements.
                                      (II) The prevention of
                                    deceptive practices.
                                      (III) The protection of human
                                    health or safety, animal or
                                    plant life or health, or the
                                    environment.
                                      (IV) Fundamental climatic or
                                    other geographical factors.
                                      (V) Fundamental technological
                                    problems.
                              (ii) Regional standards.--In
                            developing standards, a Federal agency
                            may, but is not required to, take into
                            consideration any international
                            standard promulgated by an
                            international standards organization
                            the membership of which is described in
                            section 451(6)(A)(ii).
              (3) Performance criteria.--Each Federal agency shall,
            if appropriate, develop standards based on performance
            criteria, such as those relating to the intended use of
            a product and the level of performance that the product
            must achieve under defined conditions, rather than on
            design criteria, such as those relating to the physical
            form of the product or the types of material of which
            the product is made.
              (4) Access \64\ for foreign suppliers.--Each Federal
            agency shall, with respect to any conformity assessment
            procedure \65\ used by it, permit access for obtaining
            an assessment of conformity and the mark of the system,
            if any,\66\ to foreign suppliers of a product on the
            same basis as access is permitted to suppliers of like
            products whether of domestic or foreign origin.
    ---------------------------------------------------------------------------
        \64\ Sec. 351(c)(1) of Public Law 103-465 (108 Stat. 4956) struck
    out ``Certification access'' and inserted in lieu thereof ``Access''.
        \65\ Sec. 351(c)(2) of Public Law 103-465 (108 Stat. 4956) struck
    out ``certification system'' and inserted in lieu thereof ``conformity
    assessment procedure''.
        \66\ Sec. 351(c)(3) of Public Law 103-465 (108 Stat. 4956) struck
    out ``certification under that system'' and inserted in lieu thereof
    ``an assessment of conformity and the mark of the system, if any''.
    Sec. 20(c)(14) of Public Law 104-295 (110 Stat. 3529) inserted a comma
    after ``if any''.
    ---------------------------------------------------------------------------

    SEC. 403.\67\ STATE AND PRIVATE STANDARDS-RELATED ACTIVITIES.

        (a) In General.--It is the sense of the Congress that no
    State agency and no private person should engage in any
    standards-related activity that creates unnecessary obstacles
    to the foreign commerce of the United States.
    ---------------------------------------------------------------------------
        \67\ 19 U.S.C. 2533.
    ---------------------------------------------------------------------------
        (b) Presidential Action.--The President shall take such
    reasonable measures as may be available to promote the
    observance by State agencies and private persons, in carrying
    out standards-related activities, or requirements equivalent to
    those imposed on Federal agencies under section 402, and of
    procedures that provide for notification, participation and
    publication with respect to such activities.

                   Subtitle B--Functions of Federal Agencies

    SEC. 411.\68\ FUNCTIONS OF TRADE REPRESENTATIVE.

        (a) In General.--The Trade Representative \69\ shall
    coordinate the consideration of international trade policy
    issues that arise as a result of, and shall develop
    international trade policy as it relates to, the implementation
    of this title.
    ---------------------------------------------------------------------------
        \68\ 19 U.S.C. 2541. Sec. 351(b)(2)(B) of the NAFTA Implementation
    Act (Public Law 103-182; 107 Stat. 2122) struck out ``special
    representative'' in the section catchline and inserted in lieu thereof
    ``trade representative''. Sec. 1(1)(b) of the Reorganization Plan No. 3
    of 1979 (44 F.R. 69273), however, had made the same amendment.
        \69\ Sec. 1(b)(1) of the Reorganization Plan No. 3 of 1979 (44 F.R.
    69273) redesignated the Special Representative for Trade Negotiations
    as the United States Trade Representative. Subsequently, sec.
    351(b)(2)(A) of the NAFTA Implementation Act (Public Law 103-182; 107
    Stat. 2122) struck out ``Special Representative'' each place it
    appeared in title IV and inserted in lieu thereof ``Trade
    Representative''. Sec. 21(b)(2) of Public Law 104-295 (110 Stat. 3530)
    also struck out ``Special Representative'' and inserted in lieu thereof
    ``Trade Representative'' in subsec. (c).
    ---------------------------------------------------------------------------
        (b) Negotiating Functions.--The Trade Representative \69\
    has responsibility for coordinating United States discussions
    and negotiations with foreign countries for the purpose of
    establishing mutual arrangements with respect to standards-
    related activities. In carrying out this responsibility, the
    Trade Representative \69\ shall inform and consult with any
    Federal agency having expertise in the matters under discussion
    and negotiation.
        (c) Cross Reference.--
              For provisions of law regarding general authority of
            the Trade Representative \69\ with respect to trade
            agreements, see section 141 of the Trade Act of 1974
            (19 U.S.C. 2171).

    SEC. 412.\70\ ESTABLISHMENT AND OPERATION OF TECHNICAL OFFICES.

        (a) Establishment.--
    ---------------------------------------------------------------------------
        \70\ 19 U.S.C. 2542.
    ---------------------------------------------------------------------------
              (1) For nonagricultural products.--The Secretary of
            Commerce shall establish and maintain within the
            Department of Commerce a technical office that shall
            carry out the functions prescribed under subsection (b)
            with respect to nonagricultural products.
              (2) For agricultural products.--The Secretary of
            Agriculture shall establish and maintain within the
            Department of Agriculture a technical office that shall
            carry out the functions prescribed under subsection (b)
            with respect to agricultural products.
        (b) Functions of Offices.--The President shall prescribe
    for each technical office established under subsection (a) such
    functions as the President deems necessary or appropriate to
    implement this title.

    SEC. 413.\71\ REPRESENTATION OF UNITED STATES INTERESTS BEFORE
                        INTERNATIONAL STANDARDS ORGANIZATIONS.

        (a) Oversight and Consultation.--The Secretary concerned
    shall--
    ---------------------------------------------------------------------------
        \71\ 19 U.S.C. 2543.
    ---------------------------------------------------------------------------
              (1) inform, and consult and coordinate with, the
            Trade Representative \69\ with respect to international
            standards-related activities identified under paragraph
            (2);
              (2) keep adequately informed regarding international
            standards-related activities and identify those that
            may substantially affect the commerce of the United
            States; and
              (3) carry out such functions as are required under
            subsections (b) and (c).
        (b) Representation of United States Interests by Private
    Persons.--
              (1) Definitions.--For purposes of this subsection--
                      (A) Organization member.--The term
                    ``organization member'' means the private
                    person who holds membership in a private
                    international standards organization.
                      (B) Private international standards
                    organization.--The term ``Private international
                    standards organization'' means any
                    international standards organization before
                    which the interests of the United States are
                    represented by a private person who is
                    officially recognized by that organization for
                    such purpose.
              (2) In general.--Except as otherwise provided for in
            this subsection, the representation of United States
            interests before any private international standards
            organization shall be carried out by the organization
            member.
              (3) Inadequate representation.--If the Secretary
            concerned, after inquiry instituted on his own motion
            or at the request of any private person, Federal
            agency, or State agency having an interest therein, has
            reason to believe that the participation by the
            organization member in the proceedings of a private
            international standards organization will not result in
            the adequate representation of United States interests
            that are, or may be, affected by the activities of such
            organization (particularly with regard to the potential
            impact of any such activity on the international trade
            of the United States), the Secretary concerned shall
            immediately notify the organization member concerned.
            During any such inquiry, the Secretary concerned may
            solicit and consider the advice of the appropriate
            representatives referred to in section 417.
              (4) Action by organization member.--If within the 90-
            day period after the date on which notification is
            received under paragraph (3) (or such shorter period as
            the Secretary concerned determines to be necessary in
            extraordinary circumstances), the organization member
            demonstrates to the Secretary concerned its willingness
            and ability to represent adequately United States
            interests before the private international standards
            organization, the Secretary concerned shall take no
            further action under this subsection.
              (5) Action by secretary concerned.--If--
                      (A) within the appropriate period referred to
                    in paragraph (4), the organization member does
                    not respond to the Secretary concerned with
                    respect to the notification, or does respond
                    but does not demonstrate to the Secretary
                    concerned the requisite willingness and ability
                    to represent adequately United States
                    interests; or
                      (B) there is no organization member of the
                    private international standards organization;
            the Secretary concerned shall make appropriate
            arrangements to provide for the adequate representation
            of United States interests. In cases where subparagraph
            (A) applies, such provision shall be made by the
            Secretary concerned through the appropriate
            organization member if the private international
            standards organization involved requires representation
            by that member.
        (c) Representation of United States Interests by Federal
    Agencies.--With respect to any international standards
    organization before which the interests of the United States
    are represented by one or more Federal agencies that are
    officially recognized by that organization for such purpose,
    the Secretary concerned shall--
              (1) encourage cooperation among interested Federal
            agencies with a view toward facilitating the
            development of a uniform position with respect to the
            technical activities with which the organization is
            concerned;
              (2) encourage such Federal agencies to seek
            information from, and to cooperate with, the affected
            domestic interests when undertaking such
            representation; and
              (3) not preempt the responsibilities of any Federal
            agency that has jurisdiction with respect to the
            activities undertaken by such organization, unless
            requested to do so by such agency.

    SEC. 414.\72\ STANDARDS INFORMATION CENTER.

        (a) Establishment.--The Secretary of Commerce shall
    maintain within the Department of Commerce a standards
    information center.
    ---------------------------------------------------------------------------
        \72\ 19 U.S.C. 2544.
    ---------------------------------------------------------------------------
        (b) Functions.--The standards information center shall--
              (1) serve as the central national collection facility
            for information relating to (A) \73\ standards,
            technical regulations, conformity assessment
            procedures,\74\ and standards-related activities,
            whether such standards, technical regulations,
            conformity assessment procedures,\75\ or activities are
            public or private, domestic or foreign, or
            international, regional, national, or local and (B) the
            membership and participation of Federal, State, or
            local government bodies or private bodies in the United
            States in international and regional standardizing
            bodies and conformity assessment systems, as well as in
            bilateral and multilateral arrangements concerning
            standards-related activities.\76\
    ---------------------------------------------------------------------------
        \73\ Sec. 351(d)(1) of Public Law 103-465 (108 Stat. 4956) inserted
    ``(A)'' after ``relating to''.
        \74\ Sec. 351(d)(2) of Public Law 103-465 (108 Stat. 4956) struck
    out ``certification systems'' and inserted in lieu thereof ``technical
    regulations, conformity assessment procedures,''.
        \75\ Sec. 351(d)(3) of Public Law 103-465 (108 Stat. 4956) struck
    out ``such standards, systems'' and inserted in lieu thereof ``such
    standards, technical regulations, conformity assessment procedures,'',
    resulting in a double comma. Sec. 20(c)(15) of Public Law 104-295 (110
    Stat. 3529) struck out the second comma.
        \76\ Sec. 351(d)(4) of Public Law 103-465 (108 Stat. 4956) inserted
    ``and (B) the membership and participation of Federal, State, or local
    government bodies or private bodies in the United States in
    international and regional standardizing bodies and conformity
    assessment systems, as well as in bilateral and multilateral
    arrangements concerning standards-related activities'' after ``local''.
    ---------------------------------------------------------------------------
              (2) make available to the public at such reasonable
            fee as the Secretary shall prescribe, copies of
            information required to be collected under paragraph
            (1) other than information to which paragraph (3)
            applies;
              (3) use its best efforts to make available to the
            public, at such reasonable fees as the Secretary shall
            prescribe, copies of information required to be
            collected under paragraph (1) that is of private
            origin, on a cooperative basis with the private
            individual or entity, foreign or domestic, who holds
            the copyright on the information;
              (4) in case of such information that is of foreign
            origin, provide, at such reasonable fee as the
            Secretary shall prescribe, such translation services as
            may be necessary;
              (5) serve as the inquiry point for requests for
            information regarding standards-related activities,
            whether adopted or proposed, within the United States,
            except that in carrying out this paragraph, the
            Secretary of Commerce shall refer all inquiries
            regarding agricultural products to the technical office
            established under section 412(a)(2) within the
            Department of Agriculture; and
              (6) provide such other services as may be
            appropriate, including but not limited to, such
            services to the technical offices established under
            section 412 as may be requested by those offices in
            carrying out their functions.
        (c) \77\ Sanitary and Phytosanitary Measures.--
    ---------------------------------------------------------------------------
        \77\ Sec. 431(a) of Public Law 103-465 (108 Stat. 4966) added
    subsec. (c).
    ---------------------------------------------------------------------------
              (1) Public information.--The standards information
            center shall, in addition to the functions specified
            under subsection (b), make available to the public
            relevant documents, at such reasonable fees as the
            Secretary of Commerce may prescribe, and information
            regarding--
                      (A) any sanitary or phytosanitary measure of
                    general application, including any inspection
                    procedure or approval procedure proposed,
                    adopted, or maintained by a Federal agency or
                    agency of a State or local government;
                      (B) the procedures of a Federal agency or an
                    agency of a State or local government for risk
                    assessment and factors the agency considers in
                    conducting the assessment;
                      (C) the determination of the levels of
                    protection that a Federal agency or an agency
                    of a State or local government considers
                    appropriate; and
                      (D) the membership and participation of the
                    Federal Government and State and local
                    governments in international and regional
                    sanitary and phytosanitary organizations and
                    systems, and in bilateral and multilateral
                    arrangements regarding sanitary and
                    phytosanitary measures, and the provisions of
                    those systems and arrangements.
              (2) Definitions.--The definitions in section 463
            apply for purposes of this subsection.

    SEC. 415.\78\ CONTRACTS AND GRANTS.

        (a) In General.--For purposes of carrying out this title,
    and otherwise encouraging compliance with the Agreement, the
    Trade Representative \69\ and the Secretary concerned may each,
    with respect to functions for which responsible under this
    title, make grants to, or enter into contracts with, any other
    Federal agency, any State agency, or any private person, to
    assist such agency or person to implement appropriate programs
    and activities, including, but not limited to, programs and
    activities--
    ---------------------------------------------------------------------------
        \78\ 19 U.S.C. 2545.
    ---------------------------------------------------------------------------
              (1) to increase awareness of proposed and adopted
            standards-related activities;
              (2) to facilitate international trade through the
            appropriate international and domestic standards-
            related activities;
              (3) to provide, if appropriate, and pursuant to
            section 413, adequate United States representation in
            international standards-related activities; and
              (4) to encourage United States exports through
            increased awareness of foreign standards-related
            activities that may affect United States exports.
    No contract entered into under this section shall be effective
    except to such extent, and in such amount, as is provided in
    advance in appropriation Acts.
        (b) Terms and Conditions.--Any contract entered into, or
    any grant made, under subsection (a) shall be subject to such
    terms and conditions as the Trade Representative \69\ or
    Secretary concerned shall by regulation prescribe as being
    necessary or appropriate to protect the interests of the United
    States.
        (c) Limitations.--Financial assistance extended under this
    section shall not exceed 75 percent of the total costs (as
    established by the Trade Representative \69\ or Secretary
    concerned, as the case may be) of the program or activity for
    which assistance is made available. The non-Federal share of
    such costs shall be made in cash or kind, consistent with the
    maintenance of the program or activity concerned.
        (d) Audit.--Each recipient of a grant or contract under
    this section shall make available to the Trade Representative
    \69\ or the Secretary concerned, as the case may be, and to the
    Comptroller General of the United States, for purposes of audit
    and examination, any book, document, paper, or record that is
    pertinent to the funds received under such grant or contract.

    SEC. 416.\79\ TECHNICAL ASSISTANCE.

        The Trade Representative \69\ and the Secretary concerned
    may each, with respect to functions for which responsible under
    this title, make available, on a reimbursable basis or
    otherwise, to any other Federal agency, State agency, or
    private person such assistance, including, but not limited to,
    employees, services, and facilities, as may be appropriate to
    assist such agency or person in carrying out standards-related
    activities in a manner consistent with this title.
    ---------------------------------------------------------------------------
        \79\ 19 U.S.C. 2546.
    ---------------------------------------------------------------------------

    SEC. 417.\80\ CONSULTATIONS WITH REPRESENTATIVES OF DOMESTIC INTERESTS.

        In carrying out the functions for which responsible under
    this title, the Trade Representative \69\ and the Secretary
    concerned shall solicit technical and policy advice from the
    committees, established under section 135 of the Trade Act of
    1974 (19 U.S.C. 2155), that represent the interests concerned,
    and may solicit advice from appropriate State agencies and
    private persons.
    ---------------------------------------------------------------------------
        \80\ 19 U.S.C. 2547.
    ---------------------------------------------------------------------------

         Subtitle C--Administrative and Judicial Proceedings Regarding
                          Standards-Related Activities

        Chapter 1--Representations Alleging United States Violations of
                                  Obligations

    SEC. 421.\81\ RIGHT OF ACTION UNDER THIS CHAPTER.
    ---------------------------------------------------------------------------

        \81\ 19 U.S.C. 2551.
    ---------------------------------------------------------------------------
        Except as provided under this chapter, the provisions of
    this subtitle do not create any right of action under the laws
    of the United States with respect to allegations that any
    standards-related activity engaged in within the United States
    violates the obligations of the United States under the
    Agreement.

    SEC. 422.\82\ REPRESENTATIONS.

        Any--
    ---------------------------------------------------------------------------
        \82\ 19 U.S.C. 2552.
    ---------------------------------------------------------------------------
              (1) Party to the Agreement; or
              (2) foreign country that is not a Party to the
            Agreement but is found by the Trade Representative \69\
            to extend rights and privileges to the United States
            that are substantially the same as those that would be
            so extended if that foreign country were a Party to the
            Agreement;
    may make a representation to the Trade Representative \69\
    alleging that a standards-related activity engaged in within
    the United States violates the obligations of the United States
    under the Agreement. Any such representation must be made in
    accordance with procedures that the Trade Representative \69\
    shall by regulation prescribe and must provide a reasonable
    indication that the standard-related activity concerned is
    having a significant trade effect. No person other than a Party
    to the Agreement or a foreign country described in paragraph
    (2) may make such a representation.

    SEC. 423.\83\ ACTION AFTER RECEIPT OF REPRESENTATIONS.

        (a) Review.--Upon receipt of any representations made under
    section 422, the Trade Representative \69\ shall review the
    issues concerned in consultation with--
    ---------------------------------------------------------------------------
        \83\ 19 U.S.C. 2553.
    ---------------------------------------------------------------------------
              (1) the agency of persons alleged to be engaging in
            violations under the Agreement;
              (2) the member agencies of the interagency trade
            organization established under section 242(a) of the
            Trade Expansion Act of 1962 (19 U.S.C. 1872(a));
              (3) other appropriate Federal agencies; and
              (4) appropriate representatives referred to in
            section 417.
        (b) Resolution.--The Trade Representative \69\ shall
    undertake to resolve, on a mutually satisfactory basis, the
    issues set forth in the representation through consultation
    with the parties concerned.

    SEC. 424.\84\ PROCEDURE AFTER FINDING BY INTERNATIONAL FORUM.

        (a) In General.--If an appropriate international forum
    finds that a standards-related activity being engaged in within
    the United States conflicts with the obligations of the United
    States under the Agreement, the interagency trade organization
    established under section 242(a) of the Trade Expansion Act of
    1962 (19 U.S.C. 1872(a)) shall review the finding and the
    matters related thereto with a view to recommending appropriate
    action.
    ---------------------------------------------------------------------------
        \84\ 19 U.S.C. 2554.
    ---------------------------------------------------------------------------
        (b) Cross Reference.--
        For provisions of law regarding remedies available to
    domestic persons alleging that standards activities engaged in
    by Parties to the Agreement (other than the United States)
    violate the obligations of the Agreement, see section 301 of
    the Trade Act of 1974 (19 U.S.C. 2411).

       Chapter 2--Other Proceedings Regarding Certain Standards-Related
                                   Activities

    SEC. 441.\85\ FINDINGS OF RECIPROCITY REQUIRED IN ADMINISTRATIVE
                        PROCEEDINGS.

        (a) In General.--Except as provided under chapter 1, no
    Federal agency may consider a complaint or petition against any
    standards-related activity regarding an imported product, if
    that activity is engaged in within the United States and is
    covered by the Agreement, unless the Trade Representative \69\
    finds, and informs the agency concerned in writing, that--
    ---------------------------------------------------------------------------
        \85\ 19 U.S.C. 2561.
    ---------------------------------------------------------------------------
              (1) the country of origin of the imported product is
            a Party to the Agreement or a foreign country described
            in section 422(2); and
              (2) the dispute settlement procedures provided under
            the Agreement are not appropriate.
        (b) Exemptions.--This section does not apply with respect
    to causes of action arising under--
              (1) the antitrust laws as defined in subsection (a)
            of the first section of the Clayton Act (15 U.S.C.
            12(a)); or
              (2) statutes administered by the Secretary of
            Agriculture.
    This section does not apply with respect to petitions and
    proceedings that are provided for under the practices of any
    Federal agency for the purpose of ensuring, in accordance with
    section 553 of title 5, United States Code, that interested
    persons are given an opportunity to participate in agency
    rulemaking or to seek the issuance, amendment, or repeal of a
    rule.

    SEC. 442.\86\ NOT CAUSE FOR STAY IN CERTAIN CIRCUMSTANCES.

        No standards-related activity being engaged in within the
    United States may be stayed in any judicial or administrative
    proceeding on the basis that such activity is currently being
    considered, pursuant to the Agreement, by an international
    forum.
    ---------------------------------------------------------------------------
        \86\ 19 U.S.C. 2562.
    ---------------------------------------------------------------------------

              Subtitle D--Definitions and Miscellaneous Provisions

    SEC. 451.\87\ DEFINITIONS.

        As used in this title--
    ---------------------------------------------------------------------------
        \87\ 19 U.S.C. 2571.
    ---------------------------------------------------------------------------
              (1) \88\ Agreement.--The term ``Agreement'' means the
            Agreement on Technical Barriers to Trade referred to in
            section 101(d)(5) of the Uruguay Round Agreements Act.
    ---------------------------------------------------------------------------
        \88\ Sec. 351(e)(1) of Public Law 103-465 (108 Stat. 4956) amended
    and restated para. (1).
    ---------------------------------------------------------------------------
              (2) \89\ Conformity assessment procedure.--The term
            ``conformity assessment procedure'' means any procedure
            used, directly or indirectly, to determine that
            relevant requirements in technical regulations or
            standards are fulfilled.
    ---------------------------------------------------------------------------
        \89\ Sec. 351(e)(2) of Public Law 103-465 (108 Stat. 4956) amended
    and restated para. (2).
    ---------------------------------------------------------------------------
              (3) Federal agency.--The term ``Federal agency''
            means any of the following within the meaning of
            chapter 2 of part 1 of title 5, United States Code:
                      (A) Any executive department.
                      (B) Any military department.
                      (C) Any Government corporation.
                      (D) Any Government-controlled corporation.
                      (E) Any independent establishment.
              (4) \90\ International conformity assessment
            procedure.--The term ``international conformity
            assessment procedure'' means a conformity assessment
            procedure that is adopted by an international standards
            organization.
    ---------------------------------------------------------------------------
        \90\ Sec. 351(e)(3) of Public Law 103-465 (108 Stat. 4956) struck
    out ``certification system'' each place it appeared in para. (4), and
    inserted in lieu thereof ``conformity assessment procedure''.
    ---------------------------------------------------------------------------
              (5) International standard.--The term ``international
            standard'' means any standard that is promulgated by an
            international standards organization.
              (6) International standards organization.--The term
            ``international standards organization'' means any
            organization--
                      (A) \91\ the membership of which is open to
                    representatives, whether public or private, of
                    the United States and at least all Members; and
                    \92\
    ---------------------------------------------------------------------------
        \91\ Sec. 351(e)(4) of Public Law 103-465 (108 Stat. 4956) amended
    and restated subpara. (A).
        \92\ Sec. 20(c)(16) of Public Law 104-295 (110 Stat. 3529) struck
    out ``Members.'' at the end of subpara. (A) and inserted in lieu
    thereof ``Members; and''.
    ---------------------------------------------------------------------------
                      (B) that is engaged in international
                    standards-related activities.
              (7) International standards-related activity.--The
            term ``international standards-related activity'' means
            the negotiation, development, or promulgation of, or
            any amendment or change to, an international standard,
            or an international conformity assessment
            procedure,\93\ or both.
    ---------------------------------------------------------------------------
        \93\ Sec. 351(e)(5) of Public Law 103-465 (108 Stat. 4956) struck
    out ``certification system'' and inserted in lieu thereof ``conformity
    assessment procedure''.
    ---------------------------------------------------------------------------
              (8) \94\ Member.--The term ``Member'' means a WTO
            member as defined in section 2(10) of the Uruguay Round
            Agreements Act.
    ---------------------------------------------------------------------------
        \94\ Sec. 351(e)(6) of Public Law 103-465 (108 Stat. 4956) amended
    and restated para. (8).
    ---------------------------------------------------------------------------
              (9) Private person.--The term ``private person''
            means--
                      (A) any individual who is a citizen or
                    national of the United States; and
                      (B) any corporation, partnership,
                    association, or other legal entity organized or
                    existing under the law of any State, whether
                    for profit or not for profit.
              (10) Product.--The term ``product'' means any natural
            or manufactured item.
              (11) Secretary concerned.--The term ``Secretary
            concerned'' means the Secretary of Commerce with
            respect to functions under this title relating to
            nonagricultural products, and the Secretary of
            Agriculture with respect to functions under this title
            relating to agricultural products.
              (12) \95\ Trade representative.--The term ``Trade
            Representative'' means the United States Trade
            Representative.
    ---------------------------------------------------------------------------
        \95\ Sec. 351(b)(1) of the NAFTA Implementation Act (Public Law
    103-182; 107 Stat. 2122) amended and restated para. (12). The same
    amendment was made however, when ``United States Trade Representative''
    was substituted for ``Special Representative for Trade Negotiations''
    by sec. 1(1)(b) of the Reorganization Plan No. 3 of 1979 (44 F.R.
    69273).
    ---------------------------------------------------------------------------
              (13) \96\ Standard.--The term ``standard'' means a
            document approved by a recognized body, that provides,
            for common and repeated use, rules, guidelines, or
            characteristics for products or related processes and
            production methods, with which compliance is not
            mandatory. Such term may also include or deal
            exclusively with terminology, symbols, packaging,
            marking, or labeling requirements as they apply to a
            product, process, or production method.
    ---------------------------------------------------------------------------
        \96\ Sec. 351(e)(7) of Public Law 103-465 (108 Stat. 4956) amended
    and restated para. (13).
    ---------------------------------------------------------------------------
              (14) Standards-related activity.--The term
            ``standards-related activity'' means the development,
            adoption, or application of any standard, technical
            regulation, or conformity assessment procedure.\97\
    ---------------------------------------------------------------------------
        \97\ Sec. 351(e)(7) of Public Law 103-465 (108 Stat. 4956) struck
    out ``or any certification system'' and inserted in lieu thereof ``,
    technical regulation, or conformity assessment procedure''.
    ---------------------------------------------------------------------------
              (15) State.--The term ``state'' means any of the
            several States, the District of Columbia, the
            Commonwealth of Puerto Rico, the Virgin Islands,
            American Samoa, Guam and any other Commonwealth,
            territory, or possession of the United States.
              (16) State agency.--The term ``State agency'' means
            any department, agency, or other instrumentality of the
            government of any State or of any political subdivision
            of any State.
              (17) \98\ Technical regulation.--The term ``technical
            regulation'' means a document which lays down product
            characteristics or their related processes and
            production methods, including the applicable
            administrative provisions, with which compliance is
            mandatory. Such term may also include or deal
            exclusively with terminology, symbols, packaging,
            marking, or labeling requirements as they apply to a
            product, process, or production method.
    ---------------------------------------------------------------------------
        \98\ Sec. 351(e)(9) of Public Law 103-465 (108 Stat. 4957)
    redesignated para. (17) as para. (18), and added a new para. (17).
    ---------------------------------------------------------------------------
              (18) \98\ United states.--The term ``United States'',
            when used in a geographical context, means all States.

    SEC. 452.\99\ EXEMPTIONS UNDER TITLE.

        This title does not apply to--
    ---------------------------------------------------------------------------
        \99\ 19 U.S.C. 2572.
    ---------------------------------------------------------------------------
              (1) any standards activity engaged in by any Federal
            agency or State agency for the use (including, but not
            limited to, use with respect to research and
            development, production, or consumption) of that agency
            or the use of another such agency; or
              (2) any standards activity engaged in by any private
            person solely for use in the production or consumption
            of products by that person.

    SEC. 453.\100\ REPORTS TO CONGRESS ON OPERATION OF AGREEMENT.

        As soon as practicable after the close of the 3-year period
    beginning on the date on which this title takes effect, and as
    soon as practicable after the close of each succeeding 3-year
    period through 2001,\101\ the Trade Representative \69\ shall
    prepare and submit to Congress a report containing an
    evaluation of the operation of the Agreement, both domestically
    and internationally, during the period.
    ---------------------------------------------------------------------------
        \100\ 19 U.S.C. 2573.
        \101\ Sec. 351(f) of Public Law 103-465 (108 Stat. 4957) inserted
    ``through 2001'' after ``3-year period''.
        \102\ Sec. 351(g) of Public Law 103-465 (108 Stat. 4957) repealed
    sec. 454, which had provided that: ``This title shall take effect on
    January 1, 1980, if the Agreement enters into force with respect to the
    United States by that date.''. The President, in a determination of
    December 14, 1979 (44 FR 74781), authorized the U.S. Special
    Representative for Trade Negotiations (U.S. Trade Representative) to
    sign the Agreement on behalf of the United States.
    ---------------------------------------------------------------------------

    SEC. 454.\102\ * * * [REPEALED--1994]

    Subtitle E--Standards and Measures Under the North American Free Trade
                                Agreement \103\

                 chapter 1--sanitary and phytosanitary measures

    SEC. 461.\104\ GENERAL.

        Nothing in this chapter may be construed--
    ---------------------------------------------------------------------------
        \103\ Sec. 351(a) of the NAFTA Implementation Act (Public Law 103-
    182; 107 Stat. 2118) added subtitle E.
        \104\ 19 U.S.C. 2575.
    ---------------------------------------------------------------------------
              (1) to prohibit a Federal agency or State agency from
            engaging in activity related to sanitary or
            phytosanitary measures to protect human, animal, or
            plant life or health; or
              (2) to limit the authority of a Federal agency or
            State agency to determine the level of protection of
            human, animal, or plant life or health the agency
            considers appropriate.

    SEC. 462.\105\ INQUIRY POINT.

        The standards information center maintained under section
    414 shall, in addition to the functions specified therein, make
    available to the public relevant documents, at such reasonable
    fees as the Secretary of Commerce may prescribe, and
    information regarding--
    ---------------------------------------------------------------------------
        \105\ 19 U.S.C. 2575a.
    ---------------------------------------------------------------------------
              (1) any sanitary or phytosanitary measure of general
            application, including any control or inspection
            procedure or approval procedure proposed, adopted, or
            maintained by a Federal or State agency;
              (2) the procedures of a Federal or State agency for
            risk assessment, and factors the agency considers in
            conducting the assessment and in establishing the
            levels of protection that the agency considers
            appropriate;
              (3) the membership and participation of the Federal
            Government and State governments in international and
            regional sanitary and phytosanitary organizations and
            systems, and in bilateral and multilateral arrangements
            regarding sanitary and phytosanitary measures, and the
            provisions of those systems and arrangements; and
              (4) the location of notices of the type required
            under article 719 of the NAFTA, or where the
            information contained in such notices can be obtained.

    SEC. 463.\106\ CHAPTER DEFINITIONS.

        Notwithstanding section 451, for purposes of this chapter--
    ---------------------------------------------------------------------------
        \106\ 19 U.S.C. 2575b.
    ---------------------------------------------------------------------------
              (1) Animal.--The term ``animal'' includes fish, bees,
            and wild fauna.
              (2) Approval procedure.--The term ``approval
            procedure'' means any registration, notification, or
            other mandatory administrative procedure for--
                      (A) approving the use of an additive for a
                    stated purpose or under stated conditions, or
                      (B) establishing a tolerance for a stated
                    purpose or under stated conditions for a
                    contaminant,
            in a food, beverage, or feedstuff prior to permitting
            the use of the additive or the marketing of a food,
            beverage, or feedstuff containing the additive or
            contaminant.
              (3) Contaminant.--The term ``contaminant'' includes
            pesticide and veterinary drug residues and extraneous
            matter.
              (4) Control or inspection procedure.--The term
            ``control or inspection procedure'' means any procedure
            used, directly or indirectly, to determine that a
            sanitary or phytosanitary measure is fulfilled,
            including sampling, testing, inspection, evaluation,
            verification, monitoring, auditing, assurance of
            conformity, accreditation, registration, certification,
            or other procedure involving the physical examination
            of a good, of the packaging of a good, or of the
            equipment or facilities directly related to production,
            marketing, or use of a good, but does not mean an
            approval procedure.
              (5) Plant.--The term ``plant'' includes wild flora.
              (6) Risk assessment.--The term ``risk assessment''
            means an evaluation of--
                      (A) the potential for the introduction,
                    establishment or spread of a pest or disease
                    and associated biological and economic
                    consequences; or
                      (B) the potential for adverse effects on
                    human or animal life or health arising from the
                    presence of an additive, contaminant, toxin or
                    disease-causing organism in a food, beverage,
                    or feedstuff.
              (7) Sanitary or phytosanitary measure.--
                      (A) In general.--The term ``sanitary or
                    phytosanitary measure'' means a measure to--
                              (i) protect animal or plant life or
                            health in the United States from risks
                            arising from the introduction,
                            establishment, or spread of a pest or
                            disease;
                              (ii) protect human or animal life or
                            health in the United States from risks
                            arising from the presence of an
                            additive, contaminant, toxin, or
                            disease-causing organism in a food,
                            beverage, or feedstuff;
                              (iii) protect human life or health in
                            the United States from risks arising
                            from a disease-causing organism or pest
                            carried by an animal or plant, or a
                            product thereof; or
                              (iv) prevent or limit other damage in
                            the United States arising from the
                            introduction, establishment, or spread
                            of a pest.
                      (B) Form.--The form of a sanitary or
                    phytosanitary measure includes--
                              (i) end product criteria;
                              (ii) a product-related processing or
                            production method;
                              (iii) a testing, inspection,
                            certification, or approval procedure;
                              (iv) a relevant statistical method;
                              (v) a sampling procedure;
                              (vi) a method of risk assessment;
                              (vii) a packaging and labeling
                            requirement directly related to food
                            safety; and
                              (viii) a quarantine treatment, such
                            as a relevant requirement associated
                            with the transportation of animals or
                            plants or with material necessary for
                            their survival during transportation.

                     chapter 2--standards-related measures

    SEC. 471.\107\ GENERAL.

        (a) No Bar To Engaging in Standards Activity.--Nothing in
    this chapter shall be construed--
    ---------------------------------------------------------------------------
        \107\ 19 U.S.C. 2576.
    ---------------------------------------------------------------------------
              (1) to prohibit a Federal agency from engaging in
            activity related to standards-related measures,
            including any such measure relating to safety, the
            protection of human, animal, or plant life or health,
            the environment or consumers; or
              (2) to limit the authority of a Federal agency to
            determine the level it considers appropriate of safety
            or of protection of human, animal, or plant life or
            health, the environment or consumers.
        (b) Exclusion.--This chapter does not apply to--
              (1) technical specifications prepared by a Federal
            agency for production or consumption requirements of
            the agency; or
              (2) sanitary or phytosanitary measures under chapter
            1.

    SEC. 472.\108\ INQUIRY POINT.

        The standards information center maintained under section
    414 shall, in addition to the functions specified therein, make
    available to the public relevant documents, at such reasonable
    fees as the Secretary of Commerce may prescribe, and
    information regarding--
    ---------------------------------------------------------------------------
        \108\ 19 U.S.C. 2576a.
    ---------------------------------------------------------------------------
              (1) the membership and participation of the Federal
            Government, State governments, and relevant
            nongovernmental bodies in the United States in
            international and regional standardizing bodies and
            conformity assessment systems, and in bilateral and
            multilateral arrangements regarding standards-related
            measures, and the provisions of those systems and
            arrangements;
              (2) the location of notices of the type required
            under article 909 of the NAFTA, or where the
            information contained in such notice can be obtained;
            and
              (3) the Federal agency procedures for assessment of
            risk, and factors the agency considers in conducting
            the assessment and establishing the levels of
            protection that the agency considers appropriate.

    SEC. 473.\109\ CHAPTER DEFINITIONS.

        Notwithstanding section 451, for purposes of this chapter--
    ---------------------------------------------------------------------------
        \109\ 19 U.S.C. 2576b.
    ---------------------------------------------------------------------------
              (1) Approval procedure.--The term ``approval
            procedure'' means any registration, notification, or
            other mandatory administrative procedure for granting
            permission for a good or service to be produced,
            marketed, or used for a stated purpose or under stated
            conditions.
              (2) Conformity assessment procedure.--The term
            ``conformity assessment procedure'' means any procedure
            used, directly or indirectly, to determine that a
            technical regulation or standard is fulfilled,
            including sampling, testing, inspection, evaluation,
            verification, monitoring, auditing, assurance of
            conformity, accreditation, registration, or approval
            used for such a purpose, but does not mean an approval
            procedure.
              (3) Objective.--The term ``objective'' includes--
                      (A) safety,
                      (B) protection of human, animal, or plant
                    life or health, the environment or consumers,
                    including matters relating to quality and
                    identifiability of goods or services, and
                      (C) sustainable development,
            but does not include the protection of domestic
            production.
              (4) Service.--The term ``service'' means a land
            transportation service or a telecommunications service.
              (5) Standard.--The term ``standard'' means--
                      (A) characteristics for a good or a service,
                      (B) characteristics, rules, or guidelines
                    for--
                              (i) processes or production methods
                            relating to such good, or
                              (ii) operating methods relating to
                            such service, and
                      (C) provisions specifying terminology,
                    symbols, packaging, marking, or labelling for--
                              (i) a good or its related process or
                            production methods, or
                              (ii) a service or its related
                            operating methods,
            for common and repeated use, including explanatory and
            other related provisions set out in a document approved
            by a standardizing body, with which compliance is not
            mandatory.
              (6) Standards-related measure.--The term ``standards-
            related measure'' means a standard, technical
            regulation, or conformity assessment procedure.
              (7) Technical regulation.--The term ``technical
            regulation'' means--
                      (A) characteristics or their related
                    processes and production methods for a good,
                      (B) characteristics for a service or its
                    related operating methods, or
                      (C) provisions specifying terminology,
                    symbols, packaging, marking, or labelling for--
                              (i) a good or its related process or
                            production method, or
                              (ii) a service or its related
                            operating method,
            set out in a document, including applicable
            administrative, explanatory, and other related
            provisions, with which compliance is mandatory.
              (8) Telecommunications service.--The term
            ``telecommunications service'' means a service provided
            by means of the transmission and reception of signals
            by any electromagnetic means, but does not mean the
            cable, broadcast, or other electromagnetic distribution
            of radio or television programming to the public
            generally.

                        chapter 3--subtitle definitions

    SEC. 481.\110\ DEFINITIONS.

        Notwithstanding section 451, for purposes of this
    subtitle--
    ---------------------------------------------------------------------------
        \110\ 19 U.S.C. 2577.
    ---------------------------------------------------------------------------
              (1) NAFTA.--The term ``NAFTA'' means the North
            American Free Trade Agreement.
              (2) State.--The term ``State'' means any of the
            several States, the District of Columbia, and the
            Commonwealth of Puerto Rico.

             Subtitle F--International Standard-Setting Activities

    SEC. 491.\111\ NOTICE OF UNITED STATES PARTICIPATION IN INTERNATIONAL
                        STANDARD-SETTING ACTIVITIES.

        (a) In General.--The President shall designate an agency to
    be responsible for informing the public of the sanitary and
    phytosanitary standard-setting activities of each international
    standard-setting organization.
    ---------------------------------------------------------------------------
        \111\ 19 U.S.C. 2578. Sec. 432 of Public Law 103-465 (108 Stat.
    4970) added sec. 491.
    ---------------------------------------------------------------------------
        (b) Notification.--Not later than June 1 of each year, the
    agency designated under subsection (a) with respect to each
    international standard-setting organization shall publish
    notice in the Federal Register of the information specified in
    subsection (c) with respect to that organization. The notice
    shall cover the period ending on June 1 of the year in which
    the notice is published, and beginning on the date of the
    preceding notice under this subsection, except that the first
    such notice shall cover the 1-year period ending on the date of
    the notice.
        (c) Required Information.--The information to be provided
    in the notice under subsection (b) is--
              (1) the sanitary or phytosanitary standards under
            consideration or planned for consideration by that
            organization;
              (2) for each sanitary or phytosanitary standard
            specified in paragraph (1)--
                      (A) a description of the consideration or
                    planned consideration of the standard;
                      (B) whether the United States is
                    participating or plans to participate in the
                    consideration of the standard;
                      (C) the agenda for the United States
                    participation, if any; and
                      (D) the agency responsible for representing
                    the United States with respect to the standard.
        (d) Public Comment.--The agency specified in subsection
    (c)(2)(D) shall provide an opportunity for public comment with
    respect to the standards for which the agency is responsible
    and shall take the comments into account in participating in
    the consideration of the standards and in proposing matters to
    be considered by the organization.

    SEC. 492.\112\ EQUIVALENCE DETERMINATIONS.

        (a) In General.--An agency may not determine that a
    sanitary or phytosanitary measure of a foreign country is
    equivalent to a sanitary or phytosanitary measure established
    under the authority of Federal law unless the agency determines
    that the sanitary or phytosanitary measure of the foreign
    country provides at least the same level of sanitary or
    phytosanitary protection as the comparable sanitary or
    phytosanitary measure established under the authority of
    Federal law.
    ---------------------------------------------------------------------------
        \112\ 19 U.S.C. 2578a. Sec. 432 of Public Law 103-465 (108 Stat.
    4970) added sec. 492.
    ---------------------------------------------------------------------------
        (b) FDA Determination.--If the Commissioner proposes to
    issue a determination of the equivalency of a sanitary or
    phytosanitary measure of a foreign country to a measure that is
    required to be promulgated as a rule under the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or other statute
    administered by the Food and Drug Administration, the
    Commissioner shall issue a proposed regulation to incorporate
    such determination and shall include in the notice of proposed
    rulemaking the basis for the determination that the sanitary or
    phytosanitary measure of a foreign country provides at least
    the same level of sanitary or phytosanitary protection as the
    comparable Federal sanitary or phytosanitary measure. The
    Commissioner shall provide opportunity for interested persons
    to comment on the proposed regulation. The Commissioner shall
    not issue a final regulation based on the proposal without
    taking into account the comments received.
        (c) Notice.--If the Commissioner proposes to issue a
    determination of the equivalency of a sanitary or phytosanitary
    measure of a foreign country to a sanitary or phytosanitary
    \113\ measure of the Food and Drug Administration that is not
    required to be promulgated as a rule under the Federal Food,
    Drug, and Cosmetic Act or other statute administered by the
    Food and Drug Administration, the Commissioner shall publish a
    notice in the Federal Register that identifies the basis for
    the determination that the measure provides at least the same
    level of sanitary or phytosanitary protection as the comparable
    Federal sanitary or phytosanitary measure. The Commissioner
    shall provide opportunity for interested persons to comment on
    the notice. The Commissioner shall not issue a final
    determination on the issue of equivalency without taking into
    account the comments received.
    ---------------------------------------------------------------------------
        \113\ Sec. 20(d)(1) of Public Law 104-295 (110 Stat. 3529) struck
    out ``phystosanitary'' and inserted in lieu thereof ``phytosanitary''.
    ---------------------------------------------------------------------------

    SEC. 493.\114\ DEFINITIONS.

        (a) In General.--As used in this subtitle:
    ---------------------------------------------------------------------------
        \114\ 19 U.S.C. 2578b. Added by sec. 432 of Public Law 103-465 (108
    Stat. 4970).
    ---------------------------------------------------------------------------
              (1) Agency.--The term ``agency'' means a Federal
            department or agency (or combination of Federal
            departments or agencies).
              (2) Commissioner.--The term ``Commissioner'' means
            the Commissioner of Food and Drugs.
              (3) International standard-setting organization.--The
            term ``international standard-setting organization''
            means an organization consisting of representatives of
            2 or more countries, the purpose of which is to
            negotiate, develop, promulgate, or amend an
            international standard.
              (4) Sanitary or phytosanitary standard.--The term
            ``sanitary or phytosanitary standard'' means a standard
            intended to form a basis for a sanitary or
            phytosanitary measure.
              (5) International standard.--The term ``international
            standard'' means a standard, guideline, or
            recommendation--
                      (A) regarding food safety, adopted by the
                    Codex Alimentarius Commission, including a
                    standard, guideline, or recommendation
                    regarding decomposition elaborated by the Codex
                    Committee on Fish and Fishery Products, food
                    additives, contaminants, hygienic practice, and
                    methods of analysis and sampling;
                      (B) regarding animal health and zoonoses,
                    developed under the auspices of the
                    International Office of Epizootics;
                      (C) regarding plant health, developed under
                    the auspices of the Secretariat of the
                    International Plant Protection Convention in
                    cooperation with the North American Plant
                    Protection Organization; or
                      (D) established by or developed under any
                    other international organization agreed to by
                    the NAFTA countries (as defined in section 2(4)
                    of the North American Free Trade Agreement
                    Implementation Act) or by the WTO members (as
                    defined in section 2(10) of the Uruguay Round
                    Agreements Act).
        (b) Other Definitions.--The definitions set forth in
    section 463 apply for purposes of this subtitle except that in
    applying paragraph (7) of section 463 with respect to a
    sanitary or phytosanitary measure of a foreign country, any
    reference in such paragraph to the United States shall be
    deemed to be a reference to that foreign country.
              * * * * * * *

                       TITLE XI--MISCELLANEOUS PROVISIONS

              * * * * * * *

    SEC. 1102.\115\ AUCTION OF IMPORT LICENSES.

        (a) In General.--Nothwithstanding any other provision of
    law, the President may sell import licenses at public auction
    under such terms and conditions as he deems appropriate.
    Regulations prescribed under this subsection shall, to the
    extent practicable and consistent with efficient and fair
    administration, insure against inequitable sharing of imports
    by a relatively small number of the larger importers.
    ---------------------------------------------------------------------------
        \115\ 19 U.S.C. 2581.
    ---------------------------------------------------------------------------
        (b) Definition of Import License.--For purposes of this
    section, the term ``import license'' means any documentation
    used to administer a quantitative restriction imposed or
    modified after the date of enactment of this Act under--
              (1) section 125, 203, 301, or 406 of the Trade Act of
            1974 (19 U.S.C. 2135, 2253, 2411, or 2436),
              (2) the International Emergency Economic Powers Act
            (50 U.S.C. App. 1701-1706),
              (3) authority under the notes of the Harmonized
            Tariff Schedule of the United States,\116\ but not
            including any quantitative restriction imposed under
            section 22 of the Agricultural Adjustment Act of 1934
            (7 U.S.C. 624),
    ---------------------------------------------------------------------------
        \116\ Sec. 1214(k) of Public Law 100-418 (102 Stat. 1158) struck
    out ``headnotes of the Tariff Schedules of the United States,'' and
    inserted in lieu thereof ``notes of the Harmonized Tariff Schedule of
    the United States,''.
    ---------------------------------------------------------------------------
              (4) the Trading With the Enemy Act (50 U.S.C. App. 1-
            44),
              (5) section 204 of the Agriculture Act of 1956 (7
            U.S.C. 1854) other than for meat or meat products, or
              (6) any Act enacted explicitly for the purpose of
            implementing an international agreement to which the
            United States is a party, including such agreements
            relating to commodities, but not including any
            agreement relating to cheese or dairy products.
              * * * * * * *

    SEC. 1109.\117\ REORGANIZING AND RESTRUCTURING OF INTERNATIONAL TRADE
                        FUNCTIONS OF THE UNITED STATES GOVERNMENT.

        (a) In General.--The President shall submit to the
    Congress, not later than July 10, 1979, a proposal to
    restructure the international trade functions of the Executive
    Branch of the United States Government.\118\ In developing his
    proposal, the President shall consider, among other
    possibilities, strengthening the coordination and functional
    responsibilities of the Office of the United States Trade
    Representative \69\ to include, among other things,
    representation of the United States in all matters before the
    General Agreement on Tariffs and Trade, the establishment of a
    board of trade with a coordinating mechanism in the Executive
    Office of the President, and the establishment of a Department
    of International Trade and Investment. The recommendations of
    the President, as embodied in such proposal, should include a
    monitoring and enforcement structure which would insure
    protection of United States rights under agreements negotiated
    pursuant to the Tokyo Round of the Multilateral Trade
    Negotiations and all other elements of multilateral and
    bilateral international trade agreements. The proposal should
    result in an upgrading of commercial programs and commercial
    attaches overseas to assure that the United States trading
    partners are meeting their trade agreement obligations,
    particularly those entered into under such agreements,
    including the tendering procedures of the Agreement on
    Government Procurement.
    ---------------------------------------------------------------------------
        \117\ 19 U.S.C. 2111 note.
        \118\ Such a proposal was submitted to the Congress on September
    25, 1979, as Reorganization Plan No. 3 of 1979 (Reorganization of
    Functions Relating to International Trade).
    ---------------------------------------------------------------------------
        (b) Congressional Action.--In order to ensure that the 96th
    Congress takes final action on a comprehensive reorganization
    of trade functions as soon as possible, the appropriate
    committee of each House of the Congress shall give the proposal
    by the President immediate consideration and shall make its
    best efforts to take final committee action to reorganize and
    restructure the international trade functions of the United
    States Government by November 10, 1979.

    SEC. 1110.\117\ STUDY OF EXPORT TRADE POLICY.

        (a) Review of Export Promotion and Disincentives.--The
    President shall review all export promotion functions of the
    executive branch and potential programmatic and regulatory
    disincentives to exports, and shall submit to the Congress a
    report of that review not later than July 15, 1980. The report
    should make particular reference to those activities which
    enhance the role of small-and medium-sized businesses in export
    trade.
        (b) Conditions of Competition Study.--Not later than July
    15, 1980, the President shall submit to the Congress a study of
    the factors bearing on the competitive posture of United States
    producers and the policies and programs required to strengthen
    the relative competitive position of the United States in world
    markets.

    SEC. 1111.\119\ * * *
    ---------------------------------------------------------------------------

        \119\ Sec. 1111, entitled ``Generalized System of Preferences'',
    amended title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
    ---------------------------------------------------------------------------

    SEC. 1112.\120\ CONCESSION-RELATED REVENUE LOSSES TO UNITED STATES
                        POSSESSIONS. * * * [REPEALED--1983]
    ---------------------------------------------------------------------------

        \120\ Sec. 214(d) of the Caribbean Basin Economic Recovery Act
    (Public Law 98-67; 97 Stat. 393) repealed sec. 1112.
    ---------------------------------------------------------------------------

    SEC. 1113. NO BUDGET AUTHORITY FOR ANY FISCAL YEAR BEFORE FISCAL YEAR
                        1981.

        Nothing in this Act shall be construed as authorizing the
    enactment of new budget authority for any fiscal year beginning
    before October 1, 1980.

    SEC. 1114.\121\ EFFECTIVE DATE.

        Except as otherwise provided in this title, this title
    shall take effect on the date of enactment of this Act.
    ---------------------------------------------------------------------------
        \121\ 19 U.S.C. 2581 note.
                  (22) Trade Expansion Act of 1962, as amended

    Partial text of Public Law 87-794 [H.R. 11970], 76 Stat. 872, approved
    October 11, 1962, as amended by Public Law 88-205 [H.R. 7885], 77 Stat.
      379, approved December 16, 1963; Public Law 93-618 [H.R. 10710], 88
    Stat. 1978, approved January 3, 1975; Public Law 96-39 [H.R. 4537], 93
       Stat. 144 at 300, approved July 26, 1979; Public Law 96-223 [H.R.
     3919], 94 Stat. 229 at 301, approved April 2, 1980; Public Law 99-64
      [S. 883], 99 Stat. 155, approved July 12, 1985; Public Law 100-418
     [Omnibus Trade and Competitiveness Act of 1988; H.R. 4848], 102 Stat.
    1107, approved August 23, 1988; and by Public Law 105-206 [H.R. 2676],
                     112 Stat. 685, approved July 22, 1998

                       TITLE I--SHORT TITLE AND PURPOSES

    SEC. 101. SHORT TITLE.

        This Act may be cited as the ``Trade Expansion Act of
    1962''.

    SEC. 102.\1\ STATEMENT OF PURPOSES.

        The purposes of this Act are, through trade agreements
    affording mutual trade benefits--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 1801.
    ---------------------------------------------------------------------------
              (1) to stimulate the economic growth of the United
            States and maintain and enlarge foreign markets for the
            products of United States agriculture, industry,
            mining, and commerce;
              (2) to strengthen economic relations with foreign
            countries through the development of open and
            nondiscriminatory trading in the free world; and
              (3) to prevent Communist economic penetration.

                           TITLE II--TRADE AGREEMENTS

                        Chapter 1--General Authority \2\

    SEC. 201.\3\ BASIC AUTHORITY FOR TRADE AGREEMENTS.

        (a) Whenever the President determines that any 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 that any of the purposes
    stated in section 102 will be promoted thereby, the President
    may--
    ---------------------------------------------------------------------------
        \2\ Sec. 602(d) of the Trade Act of 1974 (Public Law 93-618; 88
    Stat. 1978) repealed secs. 202, 211 through 213, 221 through 226, and
    231.
        \3\ 19 U.S.C. 1821.
    ---------------------------------------------------------------------------
              (1) after June 30, 1962, and before July 1, 1967,
            enter into trade agreements with foreign countries or
            instrumentalities thereof; and
              (2) proclaim such modification or continuance of any
            existing duty or other import restriction, such
            continuance of existing duty-free or excise treatment,
            or such additional import restrictions, as he
            determines to be required or appropriate to carry out
            any such trade agreement.
        (b) Except as otherwise provided in this title, no
    proclamation pursuant to subsection (a) shall be made--
              (1) decreasing any rate of duty to a rate below 50
            percent of the rate existing on July 1, 1962; or
              (2) increasing any rate of duty to (or imposing) a
            rate more than 50 percent above the rate existing on
            July 1, 1934.
              * * * * * * *

                          Chapter 4--National Security

    SEC. 232.\4\ SAFEGUARDING NATIONAL SECURITY.

        (a) No action shall be taken pursuant to section 201(a) or
    pursuant to section 350 of the Tariff Act of 1930 to decrease
    or eliminate the duty or other import restriction on any
    article if the President determines that such reduction or
    elimination would threaten to impair the national security.
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 1862.
    ---------------------------------------------------------------------------
      (b) \5\ (1)(A) Upon request of the head of any department or
    agency, upon application of an interested party, or upon his
    own motion, the Secretary of Commerce (hereafter in this
    section referred to as the `Secretary') shall immediately
    initiate an appropriate investigation to determine the effects
    on the national security of imports of the article which is the
    subject of such request, application, or motion.
    ---------------------------------------------------------------------------
        \5\ Sec. 1501(a)(3) of Public Law 100-418 (102 Stat. 1257) struck
    out former subsec. (b), which had been previously amended by sec.
    127(d) of Public Law 93-618 (88 Stat. 1978 at 1993), which added new
    subsecs. (b) and (c).
    ---------------------------------------------------------------------------
      (B) The Secretary shall immediately provide notice to the
    Secretary of Defense of any investigation initiated under this
    section.
      (2)(A) In the course of any investigation conducted under
    this subsection, the Secretary shall--
              (i) consult with the Secretary of Defense regarding
            the methodological and policy questions raised in any
            investigation initiated under paragraph (1),
              (ii) seek information and advice from, and consult
            with, appropriate officers of the United States, and
              (iii) if it is appropriate and after reasonable
            notice, hold public hearings or otherwise afford
            interested parties an opportunity to present
            information and advice relevant to such investigation.
      (B) Upon the request of the Secretary, the Secretary of
    Defense shall provide the Secretary an assessment of the
    defense requirements of any article that is the subject of an
    investigation conducted under this section.
      (3)(A) By no later than the date that is 270 days after the
    date on which an investigation is initiated under paragraph (1)
    with respect to any article, the Secretary shall submit to the
    President a report on the findings of such investigation with
    respect to the effect of the importation of such article in
    such quantities or under such circumstances upon the national
    security and, based on such findings, the recommendations of
    the Secretary for action or inaction under this section. If the
    Secretary finds that such article is being imported into the
    United States in such quantities or under such circumstances as
    to threaten to impair the national security, the Secretary
    shall so advise the President in such report.
      (B) Any portion of the report submitted by the Secretary
    under subparagraph (A) which does not contain classified
    information or proprietary information shall be published in
    the Federal Register.
      (4) The Secretary shall prescribe such procedural regulations
    as may be necessary to carry out the provisions of this
    subsection.
      (c) \5\ (1)(A) Within 90 days after receiving a report
    submitted under subsection (b)(3)(A) in which the Secretary
    finds that an article is being imported into the United States
    in such quantities or under such circumstances as to threaten
    to impair the national security, the President shall--
              (i) determine whether the President concurs with the
            finding of the Secretary, and
              (ii) if the President concurs, determine the nature
            and duration of the action that, in the judgment of the
            President, must be taken to adjust the imports of the
            article and its derivatives so that such imports will
            not threaten to impair the national security.
      (B) If the President determines under subparagraph (A) to
    take action to adjust imports of an article and its
    derivatives, the President shall implement that action by no
    later than the date that is 15 days after the day on which the
    President determines to take action under subparagraph (A).
      (2) By no later than the date that is 30 days after the date
    on which the President makes any determinations under paragraph
    (1), the President shall submit to the Congress a written
    statement of the reasons why the President has decided to take
    action, or refused to take action, under paragraph (1). Such
    statement shall be included in the report published under
    subsection (e).
      (3)(A) If--
              (i) the action taken by the President under paragraph
            (1) is the negotiation of an agreement which limits or
            restricts the importation into, or the exportation to,
            the United States of the article that threatens to
            impair national security, and
              (ii) either--
                      (I) no such agreement is entered into before
                    the date that is 180 days after the date on
                    which the President makes the determination
                    under paragraph (1)(A) to take such action, or
                      (II) such an agreement that has been entered
                    into is not being carried out or is ineffective
                    in eliminating the threat to the national
                    security posed by imports of such article,
    the President shall take such other actions as the President
    deems necessary to adjust the imports of such article so that
    such imports will not threaten to impair the national security.
    The President shall publish in the Federal Register notice of
    any additional actions being taken under this section by reason
    of this subparagraph.
      (B) If--
              (i) clauses (i) and (ii) of subparagraph (A) apply,
            and
              (ii) the President determines not to take any
            additional actions under this subsection,
    the President shall publish in the Federal Register such
    determination and the reasons on which such determination is
    based.
        (d) \6\ For the purposes of this section, the Secretary and
    the President shall, in the light of the requirements of
    national security and without excluding other relevant factors,
    give consideration to domestic production needed for projected
    national defense requirements, the capacity of domestic
    industries to meet such requirements, existing and anticipated
    availabilities of the human resources, products, raw materials,
    and other supplies and services essential to the national
    defense, the requirements of growth of such industries and such
    supplies and services including the investment, exploration,
    and development necessary to assure such growth, and the
    importation of goods in terms of their quantities,
    availabilities, character, and use of those affect such
    industries and the capacity of the United States to meet
    national security requirements. In the administration of this
    section, the Secretary and the President shall further
    recognize the close relation of the economic welfare of the
    Nation to our national security, and shall take into
    consideration the impact of foreign competition on the economic
    welfare of individual domestic industries; and any substantial
    unemployment, decrease in revenues of government, loss of
    skills or investment, or other serious effects resulting from
    the displacement of any domestic products by excessive imports
    shall be considered, without excluding other factors, in
    determining whether such weakening of our internal economy may
    impair the national security.
    ---------------------------------------------------------------------------
        \6\ Sec. 1501(a) of Public Law 100-418 (102 Stat. 1257)
    redesignated the original subsec. (c) as subsec. (d).
    ---------------------------------------------------------------------------
      (d) \7\ (1) Upon the disposition of each request,
    application, or motion under subsection (b), the Secretary
    shall submit to the Congress, and publish in the Federal
    Register, a report on such disposition.
    ---------------------------------------------------------------------------
        \7\ This second subsec. (d) was redesignated as subsec. (e) by sec.
    1501(a)(2) of Public Law 100-418 (102 Stat. 1257). Subsequently, sec.
    1501(b)(1) of that Act amended subsec. ``(e)'' to read as subsec.
    ``(d)''. This subsection should probably read ``(e)''. The subsection
    previously read as follows:
        ``(d) A report shall be made and published upon the disposition of
    each request, application, or motion under subsection (b). The
    Secretary shall publish procedural regulations to give effect to the
    authority conferred on him by subsection (b).''.
    ---------------------------------------------------------------------------
      (2) The President shall submit to the Congress an annual
    report on the operation of the provisions of this section.
        (f) \8\ (1) An action taken by the President under
    subsection (c) \8\ to adjust imports of petroleum or petroleum
    products shall cease to have force and effect upon the
    enactment of a disapproval resolution, provided for in
    paragraph (2), relating to that action.
    ---------------------------------------------------------------------------
        \8\ Subsec. (f), previously added as subsec. (e) by sec. 402 of the
    Windfall Profit Tax Act (Public Law 96-223; 94 Stat. 301), was amended
    by sec. 1501(a)(2) of Public Law 100-418 (102 Stat. 1257) which
    substituted ``subsection (c)'' in lieu of ``subsection (b)'' each place
    it appeared, and redesignated subsec. (e) as subsec. (f).
    ---------------------------------------------------------------------------
        (2)(A) This paragraph is enacted by the Congress--
              (i) as an exercise of the rulemaking power of the
            House of Representatives and the Senate, respectively,
            and as such is deemed a part of the rules of each
            House, respectively, but applicable only with respect
            to the procedures to be followed in that House in the
            case of disapproval resolutions and such procedures
            supersede other rules only to the extent that they are
            inconsistent therewith; and
              (ii) with the full recognition of the constitutional
            right of either House to change the rules (so far as
            relating to the procedure of that House) at any time,
            in the same manner, and to the same extent as any other
            rule of that House.
        (B) For purposes of this subsection, the term ``disapproval
    resolution'' means only a joint resolution of either House of
    Congress the matter after resolving clause of which is as
    follows: ``That the Congress disapproves the action taken under
    section 232 of the Trade Expansion Act of 1962 with respect to
    petroleum imports under ......................... dated
    .........................'', the first blank space being filled
    with the number of the proclamation, Executive order, or other
    Executive act issued under the authority of subsection (c) \8\
    of such section 232 for purposes of adjusting imports of
    petroleum or petroleum products and the second blank being
    filled with the appropriate date.
        (C)(i) All disapproval resolutions introduced in the House
    of Representatives shall be referred to the Committee on Ways
    and Means and all disapproved resolutions introduced in the
    Senate shall be referred to the Committee on Finance.
        (ii) No amendment to a disapproval resolution shall be in
    order in either the House of Representatives or the Senate, and
    no motion to suspend the application of this clause shall be in
    order in either House nor shall it be in order in either House
    for the Presiding Officer to entertain a request to suspend the
    application of this clause by unanimous consent.

    SEC. 233.\9\ IMPORT SANCTIONS FOR EXPORT VIOLATIONS.

        Any person who violates any national security export
    control imposed under section 5 of the Export Administration
    Act of 1979 (50 U.S.C. App. 2404), or any regulation, order, or
    license issued under that section, may be subject to such
    controls on the importing of goods or technology into the
    United States as the President may prescribe.
    ---------------------------------------------------------------------------
        \9\ 19 U.S.C. 1864. Sec. 121 of the Export Administration
    Amendments Act of 1985 (Public Law 99-43; 99 Stat. 154) added sec. 233.
    Sec. 2447(a) of Public Law 100-418 (102 Stat. 1370) subsequently
    amended sec. 233 by striking ``(a)'' preceding ``Any person'' and
    deleting subsec. (b). Subsec. (b) previously read as follows:
        ``(b) Except as provided in subsection (a) of this section, any
    person who violates any regulation issued under a multilateral
    agreement, formal or informal, to control exports for national security
    purposes, to which the United States is a party, may be subject to such
    controls on the importing of goods or technology into the United States
    as the President may prescribe, but only if--
    ---------------------------------------------------------------------------

              ``(1) negotiations with the government or governments, party
            to the multilateral agreement, with jurisdiction over the
            violation have been conducted and been unsuccessful in
            restoring compliance with the regulation involved;
              ``(2) the President, after the failure of such negotiations,
            has notified the government or governments described in
            paragraph (1) and the other parties to the multilateral
            agreement that the United States proposes to subject the person
            committing the violation to specific controls on the importing
            of goods or technology into the United States upon the
            expiration of 60 days from the date of such notification; and
              ``(3) a majority of the parties to the multilateral agreement
            (other than the United States), before the end of that 60-day
            period, have expressed to the President concurrence in the
            proposed import controls or have abstained from stating a
            position with respect to the proposed controls.''.

                   Chapter 5--Administrative Provisions \10\

    SEC. 242.\11\ INTERAGENCY TRADE ORGANIZATION.

      (a)(1) The President shall establish an interagency
    organization.\12\
    ---------------------------------------------------------------------------
        \10\ Sec. 602(d) of the Trade Act of 1974 (Public Law 93-618; 88
    Stat. 2402) repealed secs. 241 and 243.
        \11\ 19 U.S.C. 1872. Sec. 1621 of Public Law 100-418 (102 Stat.
    1263) amended and restated subsec. (a) which previously read as
    follows:
        ``(a) The President shall establish an interagency organization to
    assist him in carrying out the functions vested in him by this title
    and sections 201, 202, and 203 of the Trade Act of 1974. Such
    organization shall, in addition to the Special Representative for Trade
    Negotiations, be composed of the heads of such departments and of such
    other officers as the President shall designate. It shall meet at such
    times and with respect to such matters as the President or the chairman
    of the organization shall direct. The organization may invite the
    participation in its activities of any agency not represented in the
    organization when matters of interest to such agency are under
    consideration.''.
        \12\ Sec. 1621(b) of the Omnibus Trade and Competitiveness Act of
    1988 (Public Law 100-418; 102 Stat. 1264) further provided:
        ``(b) Sense of Congress.--It is the sense of Congress that the
    interagency organization established under subsection (a) should be the
    principal interagency forum within the executive branch on
    international trade policy matters.''.
    ---------------------------------------------------------------------------
      (2) The functions of the organization are--
              (A) to assist, and make recommendations to, the
            President in carrying out the functions vested in him
            by the trade laws and to advise the United States Trade
            Representative (hereinafter in this section referred to
            as the ``Trade Representative'') in carrying out the
            functions set forth in section 141 of the Trade Act of
            1974;
              (B) to assist the President, and advise the Trade
            Representative, with respect to the development and
            implementation of the international trade policy
            objectives of the United States; and
              (C) to advise the President and the Trade
            Representative with respect to the relationship between
            the international trade policy objectives of the United
            States and other major policy areas which may
            significantly affect the overall international trade
            policy and trade competitiveness of the United States.
      (3) The interagency organization shall be composed of the
    following:
              (A) The Trade Representative, who shall be
            chairperson.
              (B) The Secretary of Commerce.
              (C) The Secretary of State.
              (D) The Secretary of the Treasury.
              (E) The Secretary of Agriculture.
              (F) The Secretary of Labor.
    The Trade Representative may invite representatives from other
    agencies, as appropriate, to attend particular meetings if
    subject matters of specific functional interest to such
    agencies are under consideration. It shall meet at such times
    and with respect to such matters as the President or the
    Chairman shall direct.
        (b) In assisting the President, the organization shall--
              (1) make recommendations to the President on basic
            policy issues arising in the administration of the
            trade agreements program,
              (2) make recommendations to the President as to what
            action, if any, he should take on reports submitted to
            him by the United States International Trade Commission
            \13\ under section 201(d) of the Trade Act of 1974,
    ---------------------------------------------------------------------------
        \13\ Sec. 171(a) of Public Law 93-618 renamed the ``United States
    Tariff Commission'' the ``United States International Trade
    Commission''.
    ---------------------------------------------------------------------------
              (3) advise the President of the results of hearings
            held pursuant to section 302(b)(2) of section 301 of
            the Trade Act of 1974 \14\ and recommend appropriate
            action with respect thereto, and
    ---------------------------------------------------------------------------
        \14\ Sec. 902(c) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 300) struck out references to subsecs. (c) and (d) of
    the Trade Act of 1974, and inserted in lieu thereof the reference to
    sec. 302(b)(2). The amendment made by sec. 902(c) should probably have
    also struck out the words ``of section 301''.
    ---------------------------------------------------------------------------
              (4) perform such other functions with respect to the
            trade agreements program as the President may from time
            to time designate.
    In carrying out its functions under this subsection, the
    organization shall take into account the advice of the
    congressional advisers and private sector advisory committees,
    as well as that of any committee or other body established to
    advise the department, agency, or office which a member of the
    organization heads.\15\
    ---------------------------------------------------------------------------
        \15\ Sec. 1621(a)(2) of Public Law 100-418 (102 Stat. 1264) added
    this sentence.
    ---------------------------------------------------------------------------
        (c) The organization shall, to the maximum extent
    practicable, draw upon the resources of the agencies
    represented in the organization, as well as such other agencies
    as it may determine, including the United States International
    Trade Commission.\13\ In addition, the President may establish
    by regulation such procedures and committees as he may
    determine to be necessary to enable the organization to provide
    for the conduct of hearings pursuant to section 302(b)(2) of
    section 301 of the Trade Act of 1974,\14\ and for the carrying
    out of other functions assigned to the organization pursuant to
    this section.

                       Chapter 6--General Provisions \16\

    SEC. 251.\17\ NORMAL TRADE RELATIONS.

        Except as otherwise provided in this title, in section
    350(b) of the Tariff Act of 1930, or in section 401(a) of the
    Tariff Classification Act of 1962, any duty or other import
    restriction or duty-free treatment proclaimed in carrying out
    any trade agreement under this title or section 350 of the
    Tariff Act of 1930 shall apply to products of all foreign
    countries, whether imported directly or indirectly.
    ---------------------------------------------------------------------------
        \16\ Sec. 602(d) of the Trade Act of 1974 (Public Law 93-618; 88
    Stat. 2402) repealed secs. 252, 253, 254, 255(a), and 256.
        \17\ 19 U.S.C. 1881. Sec. 5003(b)(1) of Public Law 105-206 (112
    Stat. 789) amended the heading of sec. 251 to read ``normal trade
    relations.'' The heading previously read ``most-favored-nation
    treatment.''.
    ---------------------------------------------------------------------------

    SEC. 255.\18\ TERMINATION.

        (b) The President may at any time terminate, in whole or in
    part, any proclamation made under this title.
    ---------------------------------------------------------------------------
        \18\ 19 U.S.C. 1885.
    ---------------------------------------------------------------------------

    SEC. 257. RELATION TO OTHER LAWS.

        (a) \19\ * * *
    ---------------------------------------------------------------------------
        \19\ Subsecs. (a) and (b) amended sec. 350 of the Tariff Act of
    1930.
    ---------------------------------------------------------------------------
        (b) \19\ * * *
        (c) For purposes only of entering into trade agreements
    pursuant to the notices of intention to negotiate published in
    the Federal Register of May 28, 1960, and the Federal Register
    of November 23, 1960, the period during which the President is
    authorized to enter into foreign trade agreements under section
    350 of the Tariff Act of 1930 is hereby extended from the close
    of June 30, 1962, until close of December 31, 1962.
        (d) * * *
        (e)(1) Sections 5, 6, 7, and 8(a) of the Trade Agreements
    Extension Act of 1951 are repealed.
        (2) Action taken by the President under section 5 of such
    Act and in effect on the date of the enactment of this Act
    shall be considered as having been taken by the President under
    section 231.
        (3) Any investigation by the United States International
    Trade Commission \12\ under section 7 of such Act which is in
    progress on the date of the enactment of this Act shall be
    continued under section 301 as if the application by the
    interested party were a petition under such section for tariff
    adjustment under section 351. For purposes of section 301(f),
    such petition shall be treated as having been filed on the date
    of the enactment of this Act.
        (f) Section 2 of the Act entitled ``An Act to extend the
    authority of the President to enter into trade agreements under
    section 350 of the Tariff Act of 1930, as amended'', approved
    July 1, 1954, is repealed. Any action (including any
    investigation begun) under such section 2 before the date of
    the enactment of this Act shall be considered as having been
    taken or begun under section 232.
        (g) * * *
        (h) \20\ Nothing contained in this Act shall be construed
    to affect in any way the provisions of section 22 of the
    Agricultural Adjustment Act, or to apply to any import
    restriction heretofore or hereafter imposed under such section.
    ---------------------------------------------------------------------------
        \20\ 19 U.S.C. 1887.
    ---------------------------------------------------------------------------
        (i) \21\ * * *
    ---------------------------------------------------------------------------
        \21\ Subsec. (i) amended the Tariff Act of 1930 by adding a new
    sec. 323.
    ---------------------------------------------------------------------------

    SEC. 258.\22\ REFERENCES.

        All provisions of law (other than this Act and the Trade
    Agreements Extension Act of 1951) in effect after June 30,
    1962, referring to section 350 of the Tariff Act of 1930, to
    that section as amended to the Act entitled ``An Act to amend
    the Tariff Act of 1930'', approved June 12, 1934, to that Act
    as amended, or to agreements entered into, or proclamations
    issued, under any such provisions, shall be construed, unless
    clearly precluded by the context, to refer also to this Act, or
    to agreements entered into or proclamations issued, pursuant to
    this Act.
    ---------------------------------------------------------------------------
        \22\ 19 U.S.C. 1888.
    ---------------------------------------------------------------------------

       TITLE III--TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE \23\

    ---------------------------------------------------------------------------
        \23\ Public Law 93-618 (88 Stat. 1978) repealed secs. 301 and 302.
    ---------------------------------------------------------------------------
              * * * * * * *

                      Chapter 2--Assistance to Firms \24\

    ---------------------------------------------------------------------------
        \24\ Public Law 93-618 (88 Stat. 1978) repealed secs. 311 through
    315 and sec. 317.
    ---------------------------------------------------------------------------

    SEC. 316.\25\ ADMINISTRATION OF FINANCIAL ASSISTANCE.

        (a) In making and administering guarantees, agreements for
    deferred participation, and loans under section 314, the
    Secretary of Commerce may--
    ---------------------------------------------------------------------------
        \25\ 19 U.S.C. 1916.
    ---------------------------------------------------------------------------
              (1) require security for any such guarantee,
            agreement, or loan, and enforce, waive, or subordinate
            such security;
              (2) assign or sell at public or private sale, or
            otherwise dispose of, upon such terms and conditions
            and for such consideration as he shall determine to be
            reasonable, any evidence of debt, contract, claim,
            personal property, or security assigned to or held by
            him in connection with such guarantees, agreements, or
            loans, and collect, compromise, and obtain deficiency
            judgments with respect to all obligations assigned to
            or held by him in connection with such guarantees,
            agreements, or loans until such time as such
            obligations may be referred to the Attorney General for
            suit or collection;
              (3) renovate, improve, modernize, complete, insure,
            rent, sell, or otherwise deal with, upon such terms and
            conditions and for such consideration as he shall
            determine to be reasonable, any real or personal
            property conveyed to or otherwise acquired by him in
            connection with such guarantees, agreements, or loans;
              (4) acquire, hold, transfer, release, or convey any
            real or personal property or any interest therein
            whenever deemed necessary or appropriate, and execute
            all legal documents for such purposes; and
              (5) exercise all such other powers and take all such
            other acts as may be necessary or incidental to the
            carrying out of functions pursuant to section 314.
        (b) Any mortgage acquired as security under subsection (a)
    shall be recorded under applicable State law.
              * * * * * * *

    SEC. 318.\26\ PROTECTIVE PROVISIONS.

        (a) Each recipient of adjustment assistance under section
    313, 314, or 317 shall keep records which fully disclose the
    amount and disposition by such recipient of the proceeds, if
    any, of such adjustment assistance, and which will facilitate
    an effective audit. The recipient shall also keep such other
    records as the Secretary of Commerce may prescribe.
    ---------------------------------------------------------------------------
        \26\ 19 U.S.C. 1918.
    ---------------------------------------------------------------------------
        (b) The Secretary of Commerce and the Comptroller General
    of the United States shall have access for the purpose of audit
    and examination to any books, documents, papers, and records of
    the recipient pertaining to adjustment assistance under
    sections 313, 314, and 317.
        (c) No adjustment assistance shall be extended under
    section 313, 314, or 317 to any firm unless the owners,
    partners, or officers certify to the Secretary of Commerce--
              (1) the names of any attorneys, agents, and other
            persons engaged by or on behalf of the firm for the
            purpose of expediting applications for such adjustment
            assistance, and
              (2) the fees paid or to be paid to any such person.
        (d) No financial assistance shall be provided to any firm
    under section 314 unless the owners, partners, or officers
    shall execute an agreement binding them and the firm for a
    period of 2 years after such financial assistance is provided,
    to refrain from employing, tendering any office or employment
    to, or retaining for professional services any person, who, on
    the date such assistance or any part thereof was provided, or
    within one year prior thereto, shall have served as an officer,
    attorney, agent, or employee occupying a position or engaging
    in activities which the Secretary of Commerce shall have
    determined involve discretion with respect to the provision of
    such financial assistance.

    SEC. 319.\27\ PENALTIES.

        Whoever makes a false statement of a material fact knowing
    it to be false, or knowingly fails to disclose a material fact,
    or whoever willfully overvalues any security, for the purpose
    of influencing in any way the action of the Secretary of
    Commerce under this chapter, or for the purpose of obtaining
    money, property, or anything of value under this chapter, shall
    be fined not more than $5,000 or imprisoned for not more than
    two years, or both.
    ---------------------------------------------------------------------------
        \27\ 19 U.S.C. 1919.
    ---------------------------------------------------------------------------

    SEC. 320.\28\ SUITS.

        In providing technical and financial assistance under
    sections 313 and 314, the Secretary of Commerce may sue and be
    sued in any court of record of a State having general
    jurisdiction or in any United States district court, and
    jurisdiction is conferred upon such district court to determine
    such controversies without regard to the amount in controversy;
    but no attachment, injunction, garnishment, or other similar
    process, mesne or final, shall be issued against him or his
    property. Nothing in this section shall be construed to except
    the activities pursuant to sections 313 and 314 from the
    application of sections 507(b) and 2679 of title 28 of the
    United States Code, and of section 367 of the Revised Statutes
    (5 U.S.C. sec. 316).\29\
    ---------------------------------------------------------------------------
        \28\ 19 U.S.C. 1920.
        \29\ Public Law 93-618 (88 Stat. 1978) repealed secs. 321 through
    338, relating to assistance to workers.
    ---------------------------------------------------------------------------

                          Chapter 4--Tariff Adjustment

    SEC. 351.\30\ AUTHORITY.

        (a)(1) After receiving an affirmative finding of the United
    States International Trade Commission \13\ under section 301(b)
    with respect to an industry, the President may proclaim such
    increase in, or imposition of, any duty or other import
    restriction on the article causing or threatening to cause
    serious injury to such industry as he determines to be
    necessary to prevent or remedy serious injury to such industry.
    ---------------------------------------------------------------------------
        \30\ 19 U.S.C. 1981.
    ---------------------------------------------------------------------------
        (2) If the President does not, within 60 days after the
    date on which he receives such affirmative finding, proclaim
    the increase in, or imposition of, any duty or other import
    restriction on such article found and reported by the United
    States International Trade Commission pursuant to section
    301(e)--
              (A) he shall immediately submit a report to the House
            of Representatives and to the Senate stating why he has
            not proclaimed such increase or imposition, and
              (B) such increase or imposition shall take effect (as
            provided in paragraph (3)) upon the adoption by both
            Houses of the Congress (within the 60-day period
            following the date on which the report referred to in
            subparagraph (A) is submitted to the House of
            Representatives and the Senate), by the yeas and nays
            by the affirmative vote of a majority of the authorized
            membership of each House, of a concurrent resolution
            stating in effect that the Senate and House of
            Representatives approve the increase in, or imposition
            of, any duty or other import restriction on the article
            found and reported by the United States International
            Trade Commission.\13\
    For purposes of subparagraph (B), in the computation of the 60-
    day period there shall be excluded the days on which either
    House is not in session because of adjournment of more than 3
    days to a day certain or an adjournment of the Congress sine
    die. The report referred to in subparagraph (A) shall be
    delivered to both Houses of the Congress on the same day and
    shall be delivered to the Clerk of the House of Representatives
    if the House of Representatives is not in session and to the
    Secretary of the Senate if the Senate is not in session.
        (3) In any case in which the contingency set forth in
    paragraph (2)(B) occurs, the President shall (within 15 days
    after the adoption of such resolution) proclaim the increase
    in, or imposition of, any duty or other import restriction on
    the article which was found and reported by the United States
    International Trade Commission \13\ pursuant to section 301(e).
        (4) The President may, within 60 days after the date on
    which he receives an affirmative finding of the United States
    International Trade Commission \13\ under section 301(b) with
    respect to an industry, request additional information from the
    United States International Trade Commission.\13\ The United
    States International Trade Commission \13\ shall, as soon as
    practicable but in no event more than 120 days after the date
    on which it receives the President's request, furnish
    additional information with respect to such industry in a
    supplemental report. For purposes of paragraph (2), the date on
    which the President receives such supplemental report shall be
    treated as the date on which the President received the
    affirmative finding of the United States International Trade
    Commission \13\ with respect to such industry.
        (b) No proclamation pursuant to subsection (a) shall be
    made--
              (1) increasing any rate of duty to a rate more than
            50 percent above the rate existing on July 1, 1934, or,
            if the article is dutiable but no rate existed on July
            1, 1934, the rate existing at the time of the
            proclamation,
              (2) in the case of an article not subject to duty,
            imposing a duty in excess of 50 percent ad valorem.
    For purposes of paragraph (1), the term ``existing on July 1,
    1934'' has the meaning assigned to such term by paragraph (5)
    of section 256.
        (c)(1) Any increase in, or imposition of, any duty or other
    import restriction proclaimed pursuant to this section or
    section 7 of the Trade Agreements Extension Act of 1951--
              (A) may be reduced or terminated by the President
            when he determines, after taking into account the
            advice received from the United States International
            Trade Commission \13\ under subsection (d)(2) and after
            seeking advice of the Secretary of Commerce and the
            Secretary of Labor, that such reduction or termination
            is in the national interest, and
              (B) unless extended under section 203 \31\ of the
            Trade Act of 1974, shall terminate not later than the
            close of the date which is 4 years (or in the case of
            any such increase or imposition proclaimed pursuant to
            such section 7, 5 years) after the effective date of
            the initial proclamation or the date of the enactment
            of this Act, whichever date is the later.
    ---------------------------------------------------------------------------
        \31\ Sec. 602(c) of Public Law 93-608 (88 Stat. 2072) struck out a
    reference to subsec. (c)(2) and inserted in lieu thereof a reference to
    sec. 203.
    ---------------------------------------------------------------------------
        (2) \32\ * * * [Repealed--1975]
    ---------------------------------------------------------------------------
        \32\ Repealed by Public Law 93-618 (88 Stat. 1978). See sec. 232 of
    Public Law 93-618 for similar text.
    ---------------------------------------------------------------------------
        (d)(1) So long as any increase in, or imposition of, any
    duty or other import restriction pursuant to this section or
    pursuant to section 7 of the Trade Expansion Act of 1951
    remains in effect, the United States International Trade
    Commission \13\ shall keep under review developments with
    respect to the industry concerned, and shall make annual
    reports to the President concerning such developments.
        (2) Upon request of the President or upon its own motion,
    the United States International Trade Commission \13\ shall
    advise the President of its judgment as to the probable
    economic effect on the industry concerned of the reduction or
    termination of the increase in, or imposition of, any duty or
    other import restriction pursuant to this section or section 7
    of the Trade Agreements Extension Act of 1951.
        (3) \32\ * * *
        (4) In advising the President under this subsection as to
    probable economic effect on the industry concerned, the United
    States International Trade Commission \13\ shall take into
    account all economic factors which it considers relevant
    including idling of productive facilities, inability to operate
    at a level of reasonable profit, and unemployment or
    underemployment.
        (5) Advice by the United States International Trade
    Commission \13\ under this subsection shall be given on the
    basis of an investigation during the course of which the United
    States International Trade Commission \13\ shall hold a hearing
    at which interested persons shall be given a reasonable
    opportunity to be present, to produce evidence, and to be
    heard.
        (e) The President, as soon as practicable, shall take such
    action as he determines to be necessary to bring trade
    agreements entered into under section 350 of the Tariff Act of
    1930 into conformity with the provisions of this section. No
    trade agreement shall be entered into under section 201(a)
    unless such agreement permits action in conformity with the
    provisions of this section.

    SEC. 352.\33\ ORDERLY MARKETING AGREEMENTS.

        (a) After receiving an affirmative finding of the United
    States International Trade Commission \13\ under section 301(b)
    with respect to an industry, the President may, in lieu of
    exercising the authority contained in section 351(a)(1) but
    subject to the provisions of section 351(a) (2), (3), and (4),
    negotiate international agreements with foreign countries
    limiting the export from such countries and the import into the
    United States of the article causing or threatening to cause
    serious injury to such industry, whenever he determines that
    such action would be more appropriate to prevent or remedy
    serious injury to such industry than action under section
    351(a)(1).
    ---------------------------------------------------------------------------
        \33\ 19 U.S.C. 1982.
    ---------------------------------------------------------------------------
        (b) In order to carry out an agreement concluded under
    subsection (a), the President is authorized to issue
    regulations governing the entry or withdrawal from warehouse of
    the article covered by such agreement. In addition, in order to
    carry out a multilateral agreement concluded under subsection
    (a) among countries accounting for significant part of world
    trade in the article covered by such agreement, the President
    is also authorized to issue regulations governing the entry or
    withdrawal from warehouse of the like article which is the
    product of countries not parties to such agreement.\34\
    ---------------------------------------------------------------------------
        \34\ Public Law 93-618 (88 Stat. 1978) repealed sec. 361 relating
    to the advisory board.
    ---------------------------------------------------------------------------

                       TITLE IV--GENERAL PROVISIONS \35\

    ---------------------------------------------------------------------------
        \35\ Secs. 401, 402, 403, and 405 (1), (3), (4), and (5) were
    repealed by Public Law 93-618 (88 Stat. 1978).
    ---------------------------------------------------------------------------

    SEC. 405.\36\ DEFINITIONS.

        For purposes of this Act--
    ---------------------------------------------------------------------------
        \36\ 19 U.S.C. 1806.
    ---------------------------------------------------------------------------
              * * * * * * *
              (2) The term ``duty or other import restriction''
            includes (A) the rate and form of an import duty, and
            (B) a limitation prohibition, charge, and exaction
            other than duty, imposed on importation or imposed for
            the regulation of imports.
              * * * * * * *
              (6) The term ``modification'', as applied to any duty
            or other import restriction, includes the elimination
            of any duty.
     (23) Designated Beneficiary Developing Countries for Purposes of the
        Generalized System of Preferences, the Caribbean Basin Economic
               Recovery Act, and the Andean Trade Preference Act

      Partial text of Harmonized Tariff Schedule of the United States, as
    reported by the United States International Trade Commission, pursuant
       to sec. 1207 of the Omnibus Trade and Competitiveness Act of 1988
                      (Public Law 100-418; 19 U.S.C. 3007)

                                 general notes

              Note.--The general notes to the Harmonized Tariff
            Schedule of the United States (HTS), listing those
            countries whose products are eligible for benefits with
            respect to the Generalized System of Preferences (GSP),
            the Caribbean Basin Economic Recovery Act (CBERA), and
            the Andean Trade Preference Act (ATPA), and the
            articles of those countries that are eligible for
            benefits, are modified and amended throughout the year
            by Executive Order or by Presidential Proclamation.
            Information on the latest changes in country and
            product designations may be obtained by consulting the
            Code of Federal Regulations (CFR, Title 3--The
            President), the Federal Register Index, the U.S. Code
            Congressional and Administrative News, or the current
            version of the Tariff Schedules that is maintained and
            published periodically by the United States
            International Trade Commission (USITC Publication 3833,
            available at http://hotdocs.usitc.gov/docs/tata/hts/
            bychapter/0600HTSA1.pdf). The lists of countries
            reproduced below are current as of the date of
            publication of this volume.

              * * * * * * *
        3. Rates of Duty.--The rates of duty in the ``Rate of
    Duty'' columns designated 1 (``General'' and ``Special'') and 2
    of the tariff schedule apply to goods imported into the customs
    territory of the United States as hereinafter provided in this
    note:
        (a) Rate of Duty Column 1.
              (i) Except as provided in subparagraphs (iv) of this
            paragraph, the rates of duty in column 1 are rates
            which are applicable to all products other than those
            of countries enumerated in paragraph (b) of this note.
            Column 1 is divided into two subcolumns, ``General''
            and ``Special'', which are applicable as provided
            below.
              (ii) The ``General'' subcolumn sets forth the general
            or normal trade relations (NTR) \1\ rates which are
            applicable to products of those countries described in
            subparagraph (i) above which are not entitled to
            special tariff treatment as set forth below.
    ---------------------------------------------------------------------------
        \1\ Sec. 5003 of Public Law 105-206 (112 Stat. 789) struck all
    references to ``most-favored-nation'' or ``MFN'' and inserted in lieu
    thereof ``normal trade relations'' or ``NTR''.
    ---------------------------------------------------------------------------
              (iii) The ``Special'' subcolumn reflects rates of
            duty under one or more special tariff treatment
            programs described in paragraph (c) of this note and
            identified in parentheses immediately following the
            duty rate specified in such subcolumn. These rates
            apply to those products which are properly classified
            under a provision for which a special rate is indicated
            and for which all of the legal requirements for
            eligibility for such program or programs have been met.
            Where a product is eligible for special treatment under
            more than one program, the lowest rate of duty provided
            for any applicable program shall be imposed. Where no
            special rate of duty is provided for a provision, or
            where the country from which a product otherwise
            eligible for special treatment was imported is not
            designated as a beneficiary country under a program
            appearing with the appropriate provision, the rates of
            duty in the ``General'' subcolumn of column 1 shall
            apply.
              (iv) Products of Insular Possessions. * * *
              (v) \2\ Products of the West Bank, the Gaza Strip or
            a Qualifying Industrial Zone.
    ---------------------------------------------------------------------------
        \2\ Subpara. (v) was added by Presidential Proclamation 6955 of
    November 13, 1996 (61 F.R. 58761), as authorized by sec. 906 of the
    United States-Israel Free Trade Area Implementation Act of 1985 (Public
    Law 99-47, 99 Stat. 82, as amended).
    ---------------------------------------------------------------------------
                      (A) Subject to the provisions of this
                    paragraph, articles which are imported directly
                    from the West Bank, the Gaza Strip, a
                    qualifying industrial zone as defined in
                    subdivision (G) of this subparagraph or Israel
                    and are--
                              (1) wholly the growth, product or
                            manufacture of the West Bank, the Gaza
                            Strip or a qualifying industrial zone;
                            or
                              (2) new or different articles of
                            commerce that have been grown, produced
                            or manufactured in the West Bank, the
                            Gaza Strip or a qualifying industrial
                            zone, and the sum of--
                                      (I) the cost or value of the
                                    materials produced in the West
                                    Bank, the Gaza Strip or a
                                    qualifying industrial zone or
                                    Israel, plus
                                      (II) the direct costs of
                                    processing operations (not
                                    including simple combining or
                                    packaging operations, and not
                                    including mere dilution with
                                    water or with another substance
                                    that does not materially alter
                                    the characteristics of such
                                    articles) performed in the West
                                    Bank, the Gaza Strip or a
                                    qualifying industrial zone or
                                    Israel,
                                    is not less than 35 percent of
                                    the appraised value of such
                                    articles;
                            shall be eligible for duty-free entry
                            into the customs territory of the
                            United States. For purposes of
                            subdivision (A)(2), materials which are
                            used in the production of articles in
                            the West Bank, the Gaza Strip or a
                            qualifying industrial zone, and which
                            are the product of the United States,
                            may be counted in an amount up to 15
                            percent of the appraised value of such
                            articles.
                      (B) Articles are ``imported directly'' for
                    the purposes of this paragraph if--
                              (1) they are shipped directly from
                            the West Bank, the Gaza Strip, a
                            qualifying industrial zone or Israel
                            into the United States without passing
                            through the territory of any
                            intermediate country; or
                              (2) they are shipped through the
                            territory of an intermediate country,
                            and the articles in the shipment do not
                            enter into the commerce of any
                            intermediate country and the invoices,
                            bills of lading and other shipping
                            documents specify the United States as
                            the final destination; or
                              (3) they are shipped through an
                            intermediate country and the invoices
                            and other documents do not specify the
                            United States as the final destination,
                            and the articles--
                                      (I) remain under the control
                                    of the customs authority in an
                                    intermediate country;
                                      (II) do not enter into the
                                    commerce of an intermediate
                                    country except for the purpose
                                    of a sale other than at retail,
                                    but only if the articles are
                                    imported as a result of the
                                    original commercial
                                    transactions between the
                                    importer and the producer or
                                    the producer's sales agent; and
                                      (III) have not been subjected
                                    to operations other than
                                    loading, unloading or other
                                    activities necessary to
                                    preserve the articles in good
                                    condition.
                      (C) The term ``new or different articles of
                    commerce'' means that articles must have been
                    substantially transformed in the West Bank, the
                    Gaza Strip or a qualifying industrial zone into
                    articles with a new name, character or use.
                      (D)(1) For the purposes of subdivision
                    (A)(2)(I), the cost or value of materials
                    produced in the West Bank, the Gaza Strip or a
                    qualifying industrial zone includes--
                              (I) the manufacturer's actual cost
                            for the materials;
                              (II) when not included in the
                            manufacturer's actual cost for the
                            materials, the freight, insurance,
                            packing and all other costs incurred in
                            transporting the materials to the
                            manufacturer's plant;
                              (III) the actual cost of waste or
                            spoilage, less the value of recoverable
                            scrap; and
                              (IV) taxes or duties imposed on the
                            materials by the West Bank, the Gaza
                            Strip or a qualifying industrial zone,
                            if such taxes are not remitted on
                            exportation.
                      (2) If a material is provided to the
                    manufacturer without charge, or at less than
                    fair market value, its cost or value shall be
                    determined by computing the sum of--
                              (I) all expenses incurred in the
                            growth, production or manufacturer of
                            the material, including general
                            expenses;
                              (II) an amount for profit; and
                              (III) freight, insurance, packing and
                            all other costs incurred in
                            transporting the material to the
                            manufacturer's plant.
                      (3) If the information necessary to compute
                    the cost or value of a material is not
                    available, the Customs Service may ascertain or
                    estimate the value thereof using all reasonable
                    methods.
                      (E)(1) For purposes of this paragraph, the
                    ``direct costs of processing operations
                    performed in the West Bank, the Gaza Strip or a
                    qualifying industrial zone'' with respect to an
                    article are those costs either directly
                    incurred in, or which can be reasonably
                    allocated to, the growth, production,
                    manufacture or assembly of that article. Such
                    costs include, but are not limited to, the
                    following to the extent that they are
                    includible in the appraised value of articles
                    imported into the United States:
                              (I) All actual labor costs involved
                            in the growth, production, manufacture
                            or assembly of the article, including
                            fringe benefits, on-the-job training
                            and costs of engineering, supervisory,
                            quality control and similar personnel;
                              (II) Dies, molds, tooling and
                            depreciation on machinery and equipment
                            which are allocable to such articles;
                              (III) Research, development, design,
                            engineering and blueprint costs insofar
                            as they are allocable to such articles;
                            and
                              (IV) Costs of inspecting and testing
                            such articles.
                      (2) Those items that are not included as
                    direct costs of processing operations with
                    respect to an article are those which are not
                    directly attributable to the article or are not
                    costs of manufacturing the article. Such items
                    include, but are not limited to--
                              (I) profit; and
                              (II) general expenses of doing
                            business which are either not allocable
                            to the article or are not related to
                            the growth, production, manufacture or
                            assembly of the article, such as
                            administrative salaries, casualty and
                            liability insurance, advertising and
                            salesmen's salaries, commissions or
                            expenses.
                      (F) Whenever articles are entered with a
                    claim for the duty exemption provided in this
                    paragraph--
                              (1) the importer shall be deemed to
                            certify that such articles meet all of
                            the conditions for duty exemption; and
                              (2) when requested by the Customs
                            Service, the importer, manufacturer or
                            exporter submits a declaration setting
                            forth all pertinent information with
                            respect to such articles, including the
                            following:
                                      (I) A description of such
                                    articles, quantities, numbers
                                    and marks of packages, invoice
                                    numbers and bills of lading;
                                      (II) A description of the
                                    operations performed in the
                                    production of such articles in
                                    the West Bank, the Gaza Strip,
                                    a qualifying industrial zone or
                                    Israel and an identification of
                                    the direct costs of processing
                                    operations;
                                      (III) A description of the
                                    materials used in the
                                    production of such articles
                                    which are wholly the growth,
                                    product, or manufacture of the
                                    West Bank, the Gaza Strip, a
                                    qualifying industrial zone,
                                    Israel or the United States,
                                    and a statement as to the cost
                                    or value of such materials;
                                      (IV) A description of the
                                    operations performed on, and a
                                    statement as to the origin and
                                    cost or value of, any foreign
                                    materials used in such articles
                                    which are claimed to have been
                                    sufficiently processed in the
                                    West Bank, the Gaza Strip, a
                                    qualifying industrial zone or
                                    Israel so as to be materials
                                    produced in the West Bank, the
                                    Gaza Strip, a qualifying
                                    industrial zone or Israel; and
                                      (V) A description of the
                                    origin and cost or value of any
                                    foreign materials used in the
                                    article which have not been
                                    substantially transformed in
                                    the West Bank, the Gaza Strip
                                    or a qualifying industrial
                                    zone.
                      (G) For the purposes of this paragraph, a
                    ``qualifying industrial zone'' means any area
                    that--
                              (1) encompasses portions of the
                            territory of Israel and Jordan or
                            Israel and Egypt;
                              (2) has been designated by local
                            authorities as an enclave where
                            merchandise may enter without payment
                            of duty or excise taxes; and
                              (3) has been designated by the United
                            States Trade Representative in a notice
                            published in the Federal Register as a
                            qualifying industrial zone.
        (b) \3\ Rate of Duty Column 2.--Notwithstanding any of the
    foregoing provisions of this note, the rates of duty shown in
    column 2 shall apply to products, whether imported directly or
    indirectly, of the following countries and areas pursuant to
    section 401 of the Tariff Classification Act of 1962, to
    section 231 or 257(e)(2) of the Trade Expansion Act of 1962, to
    section 404(a) of the Trade Act of 1974 or to any other
    applicable section of law, or to action taken by the President
    thereunder:
    ---------------------------------------------------------------------------
        \3\ The duty rate in column 2 applies to countries to which normal
    trade relations (NTR) status is currently denied.
        Albania was removed from the list by Presidential Proclamation 6445
    of June 15, 1992 (57 F.R. 26921), effective on the date of exchange of
    written notice of acceptance in accordance with article XVII of the
    Agreement on Trade Relations Between the United States of America and
    the Republic of Albania (Nov. 2, 1992).
        The term ``Union of Soviet Socialist Republics'' was deleted by
    Presidential Proclamation 6544 of April 13, 1993 (58 F.R. 19547) and
    para. (7) of that proclamation instead inserted in alphabetical
    sequence ``Azerbaijan'', ``Georgia'', ``Tajikistan'', ``Turkmenistan'',
    and ``Uzbekistan''. That proclamation further provided: ``Upon notice
    by the USTR in the Federal Register that a trade agreement has been
    concluded between the United States and a republic listed in paragraph
    (7) of this proclamation and general note 3(b) to the HTS, such
    republic shall be deleted from general note 3(b) as of the date
    announced by the USTR as the effective date of such trade agreement.''.
        Romania was removed from the list by Presidential Proclamation 6577
    of July 2, 1993 (58 F.R. 36301), upon the signing of an Agreement on
    Trade Relations Between the United States of America and Romania. See
    also note 6.
        Kampuchea (Cambodia) was struck from the list pursuant to sec. 2(a)
    of Public Law 104-203 (110 Stat. 2872), upon the entry into force of a
    trade agreement obligating reciprocal normal trade relations treatment
    between Cambodia and the United States. Such an agreement entered into
    force on October 25, 1996 (USTR notice, 61 F.R. 56256).
        Vietnam was struck from the list pursuant to Executive Order No.
    13079 of April 7, 1998 (63 F.R. 17309).
        Yugoslavia (Serbia and Montenegro) were restricted pursuant to
    Public Law 102-420 (106 Stat. 2149). In Presidential Determination No.
    96-7 of December 27, 1995 (61 F.R. 2887), the President suspended the
    application of sanctions imposed on Serbia and Montenegro.
        Afghanistan was struck from the list pursuant to Presidential
    Proclamation 7553 of May 3, 2002 (67 F.R. 30535).
        Laos was struck from the list pursuant to sec. 2005 of Public Law
    108-429 (118 Stat. 2596) upon the entry into force of a trade agreement
    obligating reciprocal normal trade relations treatment between Laos and
    the United States. Such an agreement entered into force on February 4,
    2005 (USTR notice, 70 F.R. 7319).

    ---------------------------------------------------------------------------
        North Korea

              * * * * * * *
        4. Products of Countries Designated Beneficiary Developing
    Countries for Purposes of the Generalized System of Preferences
    (GSP).\4\
    ---------------------------------------------------------------------------
        \4\ Presidential Proclamation 6030 of September 28, 1989 (54 F.R.
    40839) struck the Marshall Islands and Federated States of Micronesia
    from this list, pursuant to secs. 101 and 401 of the Compact of Free
    Association Act of 1985 (99 Stat. 1773 and 1838). See general note 10.
    ---------------------------------------------------------------------------
        (a) The following countries, territories, and associations
    of countries eligible for treatment as one country (pursuant to
    section 507(2) of the Trade Act of 1974 (19 U.S.C. 2467(2)) are
    designated beneficiary developing countries for the purposes of
    the Generalized System of Preferences, provided for in Title V
    of the Trade Act of 1974, as amended (19 U.S.C. 2461 et seq.):
                           Independent Countries \5\
        Afghanistan
        Albania
        Angola
        Antigua and Barbuda
        Argentina
        Algeria

    ---------------------------------------------------------------------------
        \5\ Deletions from the list of independent countries include:
    ---------------------------------------------------------------------------

      Sudan (Presidential Proclamation 6282 of April 25, 1991 (56 F.R. 19525));
    Yugoslavia (Presidential Proclamation 6389 of December 5, 1991 (56 F.R.
    64467)); Syria (Presidential Proclamation 6447 of June 15, 1992 (57 F.R.
    26981)); Mauritania (Presidential Proclamation 6575 of June 25, 1993 (58
    F.R. 34855)); Mexico (as part of implementing NAFTA; Presidential
    Proclamation 6641 of December 15, 1993 (58 F.R. 66867)); The Bahamas and
    Israel (Presidential Proclamation 6767 of February 3, 1995 (60 F.R. 7427));
    Maldives (Presidential Proclamation 6813 of July 28, 1995 (60 F.R. 39095));
    Cyprus and Malaysia (Presidential Proclamation 6942 of October 17, 1996 (61
    F.R. 54719)); That proclamation also corrected how Guinea-Bissau and the
    Republic of Yemen were listed; Belarus, Malta and Slovenia, effective
    January 1, 2002 (Presidential Proclamation 7328 of July 6, 2000 (65 F.R.
    42595); Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, and
    Slovakia were terminated on the date when each country became a European
    Union member state (Presidential Proclamation 7758 of March 1, 2004 (69
    F.R. 10131)).
    ---------------------------------------------------------------------------

        Additions to the list of independent countries:
    ---------------------------------------------------------------------------

      Czechoslovakia (Presidential Proclamation 6282 of April 25, 1991 (56 F.R.
    19525); Czechoslovakia redesignated as the Czech Republic and Slovakia
    (Presidential Proclamation 6544 of April 13, 1993 (58 F.R. 19547));
    Bulgaria (Presidential Proclamation 6388 of December 4, 1991 (56 F.R.
    63863)); Estonia, Latvia, and Lithuania (Presidential Proclamation 6402 of
    February 5, 1992 (57 F.R. 4833)); ``Each of the former republics of the
    Socialist Federal Republic of Yugoslavia other than Serbia and Montenegro''
    (Presidential Proclamation 6465 of August 25, 1992 (57 F.R. 39095))
    (subsequently changed to separately listed: Bosnia and Hercegovina,
    Croatia, Macedonia, and Slovenia by Presidential Proclamation 6804 of May
    22, 1995 (60 F.R. 27657)); Ethiopia (Presidential Proclamation 6517 of
    December 23, 1992 (57 F.R. 61757)); Albania (Presidential Proclamation 6575
    of June 25, 1993 (58 F.R. 34855)); Russia (Presidential Proclamation 6599
    of September 30, 1993 (58 F.R. 51561)); Kyrgyzstan (Presidential
    Proclamation 6635 of December 9, 1993 (58 F.R. 65279)); Kazakhstan and
    Romania (Presidential Proclamation 6650 of February 16, 1994 (59 F.R.
    8115)); Ukraine (Presidential Proclamation 6655 of March 3, 1994 (59 F.R.
    10725)); South Africa (Presidential Proclamation 6676 of April 21, 1994;
    (59 F.R. 19629)); Belarus and Uzbekistan (Presidential Proclamation 6714 of
    August 17, 1994 (59 F.R. 43023)); Armenia (Presidential Proclamation 6767
    of February 3, 1995 (60 F.R. 7427)); Moldova (Presidential Proclamation
    6813 of July 28, 1996 (60 F.R. 39095)); Cambodia (Presidential Proclamation
    7007 of May 30, 1997 (62 F.R. 30415)); Gabon, Mauritania (suspension
    pursuant to Presidential Proclamation of 6575 of June 25,1993 ended);
    Mongolia (Presidential Proclamation 7206 of June 30, 1999 (64 F.R. 36229));
    Nigeria (Presidential Proclamation 7335 of August 27, 2000 (65 F.R.
    52903)); Eritrea (Presidential Proclamation 7350 of October 2, 2000 (65
    F.R. 59321)); Samoa (designation of Western Samoa modified to apply to
    Samoa, and Samoa designated a least-developed beneficiary country by
    Presidential Proclamation 7383 of December 1, 2000 (65 F.R. 76551));
    Georgia (Presidential Proclamation 7454 of June 29, 2001 (66 F.R. 35365));
    Afghanistan (Presidential Proclamation 7637 of January 10, 2003 (68 F.R.
    1949)); Algeria (Presidential Proclamation 7758 of March 1, 2004 (69 F.R.
    10131)); Iraq (Presidential Proclamation 7808 of September 7, 2004 (69 F.R.
    54739)); Serbia and Montenegro (Presidential Proclamation 7912 of June 30,
    2005 (70 F.R. 37957)).

        Armenia
        Bahrain \6\
        Bangladesh
        Barbados
        Belize
        Benin
        Bhutan
        Bolivia
        Bosnia and Hercegovina
        Botswana
        Brazil
        Bulgaria
        Burkina Faso
        Burundi
        Cambodia
        Cameroon
        Cape Verde
        Central African Republic
        Chad
        Chile
        Colombia
        Comoros
        Congo (Brazzaville) \7\
        Congo (Kinshasa) \7\
        Costa Rica
        Cote d'Ivoire
        Croatia
        Djibouti
        Dominica
        Dominican Republic \8\
        Ecuador
        Egypt
        El Salvador \6\
        Equatorial Guinea
        Eritrea
        Ethiopia
        Fiji \6\
        Gabon
        Gambia, The
        Georgia
        Ghana
        Grenada
        Guatemala \6\, \8\
        Guinea
        Guinea-Bissau
        Guyana
        Haiti
        Honduras \8\
        India
        Indonesia \6\
        Iraq
        Jamaica
        Jordan
        Kazakhstan
        Kenya
        Kiribati
        Kyrgyzstan
        Lebanon
        Lesotho
        Macedonia, Former Yugoslav
          Republic of
        Madagascar
        Malawi \6\
        Mali
        Mauritania \6\
        Mauritius
        Moldova
        Mongolia
        Mozambique
        Namibia
        Nepal
    ---------------------------------------------------------------------------
        \6\ In a memorandum of June 25, 1993, to the U.S. Trade
    Representative (58 F.R. 34861), the President determined ``that Panama
    has taken or is taking steps to afford international recognized worker
    rights, and I have determined that Mauritania has not taken and is not
    taking steps to afford such internationally recognized rights.
    Therefore, I am notifying the Congress of my intention to suspend the
    GSP eligibility of Mauritania. Finally, I have determined to continue
    to review the status of such worker rights in Bahrain, El Salvador,
    Fiji, Guatemala, Indonesia, Malawi, Oman, and Thailand.''. Mauritania
    subsequently was deleted from the list of independent countries and
    from the list of least-developed beneficiary countries; see note 5. The
    suspension pursuant to this Presidential Proclamation was lifted by
    Presidential Proclamation 7206 of June 30, 1999 (64 F.R. 36229).
        \7\ In Presidential Proclamation 7206 of June 30, 1999, the
    President deleted ``Congo'' and ``Zaire'' from the list of independent
    countries, and inserted in lieu thereof ``Congo (Brazzaville)'' and
    ``Congo (Kinshasa)'' respectively.
        \8\ In a memorandum of June 25, 1993, to the U.S. Trade
    Representative (58 F.R. 34861), the President determined that, ``after
    considered various private sector requests for a review of whether or
    not certain beneficiary developing countries are providing adequate and
    effective means under their laws for foreign nationals to secure, to
    exercise, and to enforce exclusive rights in intellectual property,
    including patents, trademarks, and copyrights, I have determined to
    continue the review of the Dominican Republic, Guatemala, and
    Honduras.''.
        On June 14, 1996, the Office of the U.S. Trade Representative
    issued a notice to retroactively suspend certain GSP benefits for
    Pakistan (61 F.R. 30646).
        On May 27, 1997, the Office of the U.S. Trade Representative issued
    a notice of intention to recommend withdrawal of certain benefits with
    respect to Honduras, stating that, ``in light of a determination that
    Honduras fails to provide adequate and effective means under its laws
    for foreign nationals to secure, exercise, and enforce exclusive rights
    in intellectual property, the Trade Policy Staff Committee (TPSC) will
    recommend to the President that he partially withdraw duty-free
    treatment accorded Honduras under the Generalized System of Preferences
    (GSP) program and the Caribbean Basin Initiative (CBI).'' (62 F.R.
    28915).
    ---------------------------------------------------------------------------
        Niger
        Nigeria
        Oman \6\
        Pakistan \8\
        Panama \6\
        Papua New Guinea
        Paraguay
        Peru \9\
        Philippines
        Poland
        Romania
        Russia
        Rwanda
        Saint Kitts and Nevis
        Saint Lucia
        Saint Vincent and the Grenadines
        Samoa \5\
        Sao Tome and Principe
        Senegal
        Serbia and Montenegro
        Seychelles
        Sierra Leone
        Solomon Islands
        Somalia
        South Africa
        Sri Lanka
        Suriname
        Swaziland
        Tanzania
        Thailand \6\
        Togo
        Tonga
        Trinidad and Tobago
        Tunisia
        Turkey
        Tuvalu
        Uganda
        Uruguay
        Uzbekistan
        Vanuatu
        Venezuela
        Republic of Yemen
        Zambia
        Zimbabwe
    ---------------------------------------------------------------------------
        \9\ In a memorandum of June 25, 1993, to the United States Trade
    Representative (58 F.R. 34861), the President continued a review of
    alleged expropriation without compensation of property of a U.S.
    citizen in Peru. See also note 20.
        \10\ Presidential Proclamation 6763 of December 23, 1994 (60 F.R.
    1007) deleted Palau from this list and added it under general note 10.
    Presidential Proclamation No. 7328 of July 6, 2000 (65 F.R. 42595)
    deleted French Polynesia and New Caledonia from the list, effective
    January 1, 2002.
        Presidential Proclamation 6778 of March 17, 1995 (60 F.R. 15455, as
    amended at 60 F.R. 25266) added the West Bank and Gaza Strip. That
    proclamation further provided that:
    ---------------------------------------------------------------------------

      ``(3) The extension of the Generalized System of Preferences program to
    the West Bank and Gaza Strip pursuant to this proclamation applies only to
    goods produced in the areas for which arrangements are being established
    for Palestinian Interim Self-Government, as set forth in Articles I, III,
    and IV of the Declaration of Principles on Interim Self-Government
    Arrangements.''.
    ---------------------------------------------------------------------------

        Presidential Proclamation 6942 of October 17, 1996 (61 F.R. 54719)
    deleted Aruba, Cayman Islands, Greenland, Macau, and Netherlands
    Antilles.
    ---------------------------------------------------------------------------
                 Non-Independent Countries and Territories \10\
        Anguilla
        British Indian Ocean Territory
        Christmas Island (Australia)
        Cocos (Keeling) Islands
        Cook Islands
        Falkland Islands (Islas Malvinas)
        Gibraltar
        Heard Island and McDonald Islands
        Montserrat
        Niue
        Norfolk Island
        Pitcairn Island
        Saint Helena
        Tokelau
        Turks and Caicos Islands
        Virgin Islands, British
        Wallis and Futuna
        West Bank and Gaza Strip
        Western Sahara
               Associations of Countries (treated as one country)
           Member Countries of the Cartagena Agreement (Andean Group)
      Consisting of:
        Bolivia
        Colombia
        Ecuador

        Peru \9\
        Venezuela
      Members of the Association of South East Asian Nations (ASEAN) \11\
      Consisting of:
        Cambodia\12\
        Indonesia \6\

        Philippines
        Thailand
     Member Countries of the Caribbean Common Market (CARICOM), except The
                                  Bahamas \13\
      Consisting of:
        Antigua and Barbuda
        Barbados
        Belize
        Dominica
        Grenada
        Guyana

        Jamaica
        Montserrat
        Saint Kitts and Nevis
        Saint Lucia
        Saint Vincent and the Grenadines
        Trinidad and Tobago
       Member Countries of the West African Economic and Monetary Union
                                  (WAEMU) \14\
      Consisting of:
         Benin
         Burkina Faso
         Cote d'Ivoire
         Guinea-Bissau

         Mali
         Niger
         Senegal
         Togo
      Member Countries of the Southern Africa Development Community (SADC)
      Currently qualifying:
         Botswana
         Mauritius

         Tanzania
         Member Countries of the South Asian Association for Regional
                              Cooperation (SAARC)
      Currently qualifying:
         Bangladesh
         Bhutan
         India

         Nepal
         Pakistan
         Sri Lanka

        (b)(1) The following beneficiary countries are designated
    as least-developed beneficiary developing countries pursuant to
    section 502(a)(2) of the Trade Act of 1974, as amended: \15\
    ---------------------------------------------------------------------------
        \11\ Presidential Proclamation 6942 of October 17, 1996 (61 F.R.
    54719) struck Malaysia from this list and restated the title to reflect
    the change.
        \12\ Presidential Proclamation 7206 of June 30, 1999 (64 F.R.
    36229) added Cambodia to the list of countries identified as members of
    ASEAN. The same proclamation deleted ``Members of the Association of
    South East Asian Nations (ASEAN) Eligible for GSP except Brunei
    Darussalam, Malaysia, and Singapore'' and inserted in lieu thereof the
    title heading and countries listed above.
        \13\ Presidential Proclamation 6767 of February 3, 1995 (60 F.R.
    7427) deleted the Bahamas from this list.
        \14\ In Presidential Proclamation 7107 of June 30, 1998 (63 F.R.
    36532) the President determined that members of the West African
    Economic and Monetary Union (WAEMU) should be treated as one country
    pursuant to sec. 507(2) of the Trade Act of 1974 for the purposes of
    title V of the Act.
        \15\ Presidential Proclamation 6813 of July 28, 1995 (60 F.R.
    39095) struck Maldives from general note 4(b). Presidential
    Proclamation 6942 of October 17, 1996 (61 F.R. 54719) struck Botswana
    and Western Samoa from general note 4(b), and added Angola, Ethiopia,
    Madagascar, Zaire, and Zambia. That proclamation also corrected how the
    Republic of Yemen is listed. Presidential Proclamation 7007 of May 30,
    1997 (62 F.R. 30415) added Cambodia. In Presidential Proclamation 7206
    of June 30, 1999 (64 F.R. 36229), general note 4(b)(1) was modified by
    deleting ``Zaire'' and inserting in lieu thereof in alphabetical order
    ``Congo (Kinshasa)''. Also in Presidential Proclamation 7206,
    Mauritania was restored as a least-developed beneficiary developing
    country under the GSP. In Presidential Proclamation 7383 of December 1,
    2000 (65 F.R. 76551), the President determined, ``the designation of
    Western Samoa as a beneficiary developing country under the GSP should
    be modified so that the designation applies to Samoa. Furthermore,
    pursuant to section 502 of the 1974 Act, and having due regard for the
    eligibility criteria set forth therein, I have determined that it is
    appropriate to designate Samoa as a least-developed beneficiary
    developing country for purposes of the GSP.''. Presidential
    Proclamation 7637 of January 10, 2003 (68 F.R. 1949) added Afghanistan.

    ---------------------------------------------------------------------------
        Zambia

    Whenever an eligible article which is the growth, product or
    manufacture of one of the countries designated as a least-
    developed beneficiary developing country is imported into the
    customs territory of the United States directly from such
    country, such article shall be entitled to receive the duty-
    free treatment provided for in subdivision (c) of this note
    without regard to the limitations on preferential treatment of
    eligible articles in section 503(c)(2)(A) of the Trade Act, as
    amended (19 U.S.C. 2464(c)(2)(A)).
              * * * * * * *
        7. Products of Countries Designated as Beneficiary
    Countries for Purposes of the Caribbean Basin Economic Recovery
    Act (CBERA).
        (a) The following countries and territories or successor
    political entities are designated beneficiary countries for the
    purposes of the CBERA, pursuant to section 212 of that Act (19
    U.S.C. 2702):

        Antigua and Barbuda
        Arubaa
        Bahamasesh
        Barbados
        Belize
        Costa Ricaso
        Dominica
        Dominican Republic \8\
        El Salvador \6\
        Grenada African Republic
        Guatemala \6\, \8\
        Guyanas
        Haiti (Kinshasa) \15\
        Honduras \8\
        Jamaicaial Guinea
        Montserrat
        Netherlands Antilles
        Nicaragua \16\
        Panama \6\sau
        Saint Kitts and Nevis
        Saint Lucia
        Saint Vincent and the Grenadines
        Trinidad and Tobago
        Virgin Islands, British
              * * * * * * *
    ---------------------------------------------------------------------------
        \16\ Presidential Proclamation 6223 of November 8, 1990 (55 F.R.
    47447) designated Nicaragua as a beneficiary country for purposes of
    the CBERA.
    ---------------------------------------------------------------------------
        8. United States-Israel Free Trade Implementation Act of
    1985.
        (a) The products of Israel described in Annex 1 of the
    Agreement on the Establishment of a Free Trade Area between the
    Government of the United States of America and the Government
    of Israel, entered into on April 22, 1985, are subject to duty
    as provided herein. Products of Israel, as defined in
    subdivision (b) of this note, imported into the customs
    territory of the United States and entered under a provision
    for which a rate of duty appears in the ``Special'' subcolumn
    followed by the symbol ``IL'' in parentheses are eligible for
    the tariff treatment set for in the ``Special'' subcolumn, in
    accordance with section 4(a) of the United States-Israel Free
    Trade Area Implementation Act of 1985 (99 Stat. 82).
              * * * * * * *
        10. Products of the Freely Associated States.
        (a) Pursuant to sections 101 and 401 of the Compact of Free
    Association Act of 1985 (99 Stat. 1773 and 1838), the following
    countries shall be eligible for treatment as freely associated
    states:
    ---------------------------------------------------------------------------
        \17\ Sec. 9 of Presidential Proclamation 6763 of December 23, 1994
    (60 F.R. 1007) added the Republic of Palau.

        Marshall Islands
        Micronesia, Federated States of
        Republic of Palau \17\
              * * * * * * *
        11.\18\ Products of Countries Designated as Beneficiary
    Countries for Purposes of the Andean Trade Preference Act
    (ATPA).
    ---------------------------------------------------------------------------
        \18\ Presidential Proclamation 6455 of July 2, 1992 (57 F.R. 30069)
    added general note 11.
    ---------------------------------------------------------------------------
        (a) The following countries or successor political entities
    are designated beneficiary countries for the purposes of the
    ATPA, pursuant to section 203 of the Act (19 U.S.C. 3202):
    ---------------------------------------------------------------------------
        \19\ Presidential Proclamation 6456 of July 2, 1992 (57 F.R. 30097)
    designated Bolivia as a beneficiary country for the purposes of the
    Andean Trade Preference Act.
        \20\ Presidential Proclamation 6544 of April 13, 1993 (58 F.R.
    19547) designated Ecuador as a beneficiary country for the purposes of
    the Andean Trade Preference Act.
        \21\ Presidential Proclamation 6585 of August 11, 1993 (58 F.R.
    43239) designated Peru as a beneficiary country for the purposes of the
    Andean Trade Preference Act.

        Bolivia \19\
        Colombia
        Ecuador \20\
        Peru \21\
              * * * * * * *
        12. North American Free Trade Agreement. * * * \22\
    ---------------------------------------------------------------------------
        \22\ For text, see Presidential Proclamation 6641 of December 15,
    1993 (58 F.R. 66867).
    ---------------------------------------------------------------------------
              * * * * * * *
        16. Products of Countries Designated as Beneficiary
    Countries Under the African Growth and Opportunity Act (AGOA).
      (a) The following sub-Saharan African countries, having been
    designated as beneficiary sub-Saharan African countries \23\
    for pur-
    ---------------------------------------------------------------------------
        \23\ Sec. 111(a) of Public Law 106-200 (112 Stat. 257) amended
    Title V of the Trade Act of 1974 to provide in new sec. 506A ``that the
    President is authorized to designate countries listed in section 107 of
    the AGOA as `beneficiary sub-Saharan African countries.' ''. The AGOA
    was implemented by Presidential Proclamation 7350 of October 4, 2000
    (65 F.R. 59319). Also designated as ``lesser developed beneficiary sub-
    Saharan African countries'' were: Republic of Benin, Republic of Cape
    Verde, Republic of Cameroon, Central African Republic, Republic of
    Chad, Republic of Congo, Republic of Djibouti, State of Eritrea,
    Ethiopia, Republic of Ghana, Republic of Guinea, Republic of Guinea-
    Bissau, Republic of Kenya, Kingdom of Lesotho, Republic of Madagascar,
    Republic of Malawi, Republic of Mali, Islamic Republic of Mauritania,
    Republic of Mozambique, Republic of Niger, Federal Republic of Nigeria,
    Republic of Rwanda, Democratic Republic of Sao Tome and Principe,
    Republic of Senegal, Republic of Sierra Leone, United Republic of
    Tanzania, Republic of Uganda, and Republic of Zambia.
        Presidential Proclamation 7657 of March 28, 2003 (68 F.R. 15921)
    designated the Democratic Republic of Congo and Republic of The Gambia
    as eligible sub-Saharan African countries and as beneficiary sub-
    Saharan African countries. Presidential Proclamation 7748 of December
    30, 2003 (69 F.R. 225) designated the Republic of Angola as an eligible
    sub-Saharan African country and as a beneficiary sub-Saharan African
    country. Presidential Proclamation 7853 of December 10, 2004 (69 F.R.
    74943) designated Burkina Faso as an eligible sub-Saharan African
    country and as a beneficiary sub-Saharan African country. Presidential
    Proclamation 7970 of December 22, 2005 (70 F.R. 76645) designated the
    Republic of Burundi as an eligible sub-Saharan African country and as a
    beneficiary sub-Saharan African country.
        Presidential Proclamation 7748 of December 30, 2003 (69 F.R. 225)
    terminated the designation of the Central African Republic and Eritrea
    as eligible sub-Saharan African countries and as beneficiary sub-
    Saharan African countries. Presidential Proclamation 7858 of December
    21, 2004 (69 F.R. 77601) terminated the designation of Cote d'Ivoire as
    an eligible sub-Saharan African country and as a beneficiary sub-
    Saharan African country. Presidential Proclamation 7970 of December 22,
    2005 (70 F.R. 76645) terminated the designation of the Islamic Republic
    of Mauritania as an eligible sub-Saharan African country and as a
    beneficiary sub-Saharan African country.
    ---------------------------------------------------------------------------

    poses of the African Growth and Opportunity Act (AGOA), have
    met the requirements of the AGOA and, therefore, are to be
    afforded the tariff treatment provided in this note, shall be
    treated as beneficiary sub-Saharan African countries for
    purposes of this note:

        Republic of Angola
        Republic of Benin
        Republic of Botswana
        Burkina Faso
        Republic of Burundi
        Republic of Cape Verde
        Republic of Cameroon
        Republic of Chad
        Democratic Republic of Congo
        Republic of Congo
        Republic of Djibouti
        Ethiopia
        Gabonese Republic
        Republic of The Gambia
        Republic of Ghana
        Republic of Guinea
        Republic of Guinea-Bissau
        Republic of Kenya
        Kingdom of Lesotho
        Republic of Madagascar
        Republic of Malawi
        Republic of Mali
        Republic of Mauritius
        Republic of Mozambique
        Republic of Namibia
        Republic of Niger
        Federal Republic of Nigeria
        Republic of Rwanda
        Democratic Republic of Sao Tome
          and Principe
        Republic of Senegal
        Republic of Seychelles
        Republic of Sierra Leone
        Republic of South Africa
        Kingdom of Swaziland
        United Republic of Tanzania
        Republic of Uganda
        Republic of Zambia
              * * * * * * *
        17. Products of Countries Designated as Beneficiary
    Countries under the United States-Caribbean Basin Trade
    Partnership Act of 2000.\24\
    ---------------------------------------------------------------------------
        \24\ The United States-Caribbean Trade Partnership Act, (title II
    of Public Law 106-200; 114 Stat. 275), provided that certain
    preferential tariff treatment may be provided to eligible articles that
    are the product of any country that the President designates as a
    ``CBTPA beneficiary country.'' In Presidential Proclamation 7351 of
    October 2, 2000 (65 F.R. 59329), the President designated the countries
    above as ``CBTPA beneficiary countries''.
    ---------------------------------------------------------------------------
        (a) The Caribbean countries that will be enumerated in this
    note in a Federal Register notice by the United States Trade
    Representative, having previously been designated by the
    President pursuant to section 211 of the United States-
    Caribbean Basin Trade Partnership Act (CBTPA), shall be treated
    as beneficiary countries for purposes of this note on and after
    the effective date announced in such notice. The following
    countries have been determined by the USTR to have satisfied
    the customs requirements of the CBTPA and, therefore, to be
    afforded the tariff treatment provided for in this note:
                      Barbados, Belize, Costa Rica, Dominican
                    Republic, El Salvador, Guatemala, Guyana,
                    Haiti, Honduras, Jamaica, Nicaragua, Panama,
                    Saint Lucia, Trinidad and Tobago.
              * * * * * * *
        18. United States-Jordan Free Trade Area Implementation
    Act.
      (a) The products of Jordan described in Annex 2.1 of the
    Agreement between the United States of America and the
    Hashemite Kingdom of Jordan on the Establishment of a Free
    Trade Area, entered into on October 24, 2000, are subject to
    duty as provided herein. Products of Jordan, as defined in
    subdivisions (b) through (d) of this note, that are imported
    into the customs territory of the United States and entered
    under a provision for which a rate of duty appears in the
    ``Special'' subcolumn followed by the symbol ``JO'' in
    parentheses are eligible for the tariff treatment set forth in
    the ``Special'' subcolumn, in accordance with sections 101 and
    102 of the United States-Jordan Free Trade Area Implementation
    Act (Public Law 107-43, 115 Stat. 243).
              * * * * * * *
        25. United States-Singapore Free Trade Agreement.
      (a) Originating goods under the terms of the United States-
    Singapore Free Trade Agreement (SFTA) are subject to duty as
    provided herein. For the purposes of this note, goods of
    Singapore, as defined in subdivisions (b) through (o) of this
    note, that are imported into the customs territory of the
    United States and entered under a provision for which a rate of
    duty appears in the ``Special'' subcolumn of column 1 followed
    by the symbol ``SG'' in parentheses are eligible for the tariff
    treatment and quantitative limitations set forth in the
    ``Special'' subcolumn, in accordance with sections 201 and 202
    of the United States-Singapore Free Trade Agreement
    Implementation Act (Public Law 108-78; 117 Stat. 948).
              * * * * * * *
        26. United States-Chile Free Trade Agreement.
      (a) Originating goods under the terms of the United States-
    Chile Free Trade Agreement (UCFTA) are subject to duty as
    provided herein. For the purposes of this note, goods of Chile,
    as defined in subdivisions (b) through (n) of this note, that
    are imported into the customs territory of the United States
    and entered under a provision for which a rate of duty appears
    in the ``Special'' subcolumn of column 1 followed by the symbol
    ``CL'' in parentheses are eligible for the tariff treatment and
    quantitative limitations set forth in the ``Special''
    subcolumn, in accordance with sections 201 and 202 of the
    United States-Chile Free Trade Agreement Implementation Act
    (Public Law 108-78; 117 Stat. 948).
              * * * * * * *
        27. United States-Morocco Free Trade Agreement
    Implementation Act.
      (a) Originating goods under the terms of the United States-
    Morocco Free Trade Agreement (UMFTA) are subject to duty as
    provided for herein. For the purposes of this note, goods of
    Morocco, as defined in subdivisions (b) through (h) of this
    note, that are imported into the customs territory of the
    United States and entered under a provision for which a rate of
    duty appears in the ``Special'' subcolumn of column 1 followed
    by the symbol ``MA'' in parentheses are eligible for the tariff
    treatment and quantitative limitations set forth in the
    ``Special'' subcolumn, in accordance with sections 201 through
    203, inclusive, of the United States-Morocco Free Trade
    Agreement Implementation Act (Public Law 108-302; 118 Stat.
    1103). For the purposes of this note, the term ``UMFTA
    country'' refers only to Morocco or to the United States.
              * * * * * * *
        28. United States-Australia Free Trade Agreement
    Implementation Act.
      (a) Originating goods under the terms of the United States-
    Australia Free Trade Agreement (UAFTA) are subject to duty as
    provided for herein. For the purposes of this note, goods of
    Australia, as defined in subdivisions (b) through (n) of this
    note, that are imported into the customs territory of the
    United States and entered under a provision for which a rate of
    duty appears in the ``Special'' subcolumn of column 1 followed
    by the symbol ``AU'' in parentheses are eligible for the tariff
    treatment and quantitative limitations set forth in the
    ``Special'' subcolumn, in accordance with sections 201 through
    203, inclusive, of the United States-Australia Free Trade
    Agreement Implementation Act (Public Law 108-286; 118 Stat.
    919). For the purposes of this note, the term ``UAFTA country''
    refers only to Australia or to the United States.
              * * * * * * *
    (24) International Trade Functions in Reorganization Plan No. 3 of 1979
                                      \1\

     Prepared by the President and transmitted to the Senate and the House
    of Representatives in Congress assembled, September 25, 1979, pursuant
      to the provisions of chapter 9 of title 5 of the United States Code

          Reorganization of Functions Relating to International Trade

    Section 1.\1\ Office of the United States Trade Representative.

      (a) The Office of the Special Representative for Trade
    Negotiations is redesignated the Office of the United States
    Trade Representative.
    ---------------------------------------------------------------------------
        \1\ 5 U.S.C. Appendix. With the exception of secs. 2(b)(1) and
    5(b)(1), this Reorganization Plan became effective January 2, 1980.
    ---------------------------------------------------------------------------
      (b)(1) The Special Representative for Trade Negotiations is
    redesignated the United States Trade Representative
    (hereinafter referred to as the ``Trade Representative''). The
    Trade Representative shall have primary responsibility, with
    the advice of the interagency organization established under
    section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872)
    (hereinafter referred to as the ``Committee''), for developing,
    and for coordinating the implementation of, United States
    international trade policy, including commodity matters and, to
    the extent they are related to international trade policy,
    direct investment matters. The Trade Representative shall serve
    as the principal advisor to the President on international
    trade policy and shall advise the President on the impact of
    other policies of the United States Government on international
    trade.
      (2) The Trade Representative shall have lead responsibility
    for the conduct of international trade negotiations, including
    commodity and direct investment negotiations in which the
    United States participates.
      (3) To the extent necessary to assure the coordination of
    international trade policy, and consistent with any other law,
    the Trade Representative, with the advice of the Committee,
    shall issue policy guidance to departments and agencies on
    basic issues of policy and interpretation arising in the
    exercise of the following international trade functions. Such
    guidance shall determine the policy of the United States with
    respect to international trade issues arising in the exercise
    of such functions:
              (A) matters concerning the General Agreement on
            Tariffs and Trade, including implementation of the
            trade agreements set forth in section 2(c) of the Trade
            Agreements Act of 1979; United States Government
            positions on trade and commodity matters dealt with by
            the Organization for Economic Cooperation and
            Development, the United Nations Conference on Trade and
            Development, and other multilateral organizations; and
            the assertion and protection of the rights of the
            United States under bilateral and multilateral
            international trade and commodity agreements:
              (B) expansion of exports from the United States;
              (C) policy research on international trade,
            commodity, and direct investment matters;
              (D) to the extent permitted by law, overall United
            States policy with regard to unfair trade practices,
            including enforcement of countervailing duties and
            antidumping functions under section 303 and title VII
            of the Tariff Act of 1930;
              (E) bilateral trade and commodity issues, including
            East-West trade matters; and
              (F) international trade issues involving energy.
      (4) All functions of the Trade Representative shall be
    conducted under the direction of the President.
      (c) The Deputy Special Representatives for Trade Negotiations
    are redesignated Deputy United States Trade Representatives.

    Sec. 2. Department of Commerce.

      (a) The Secretary of Commerce (hereinafter referred to as the
    ``Secretary'') shall have, in addition to any other functions
    assigned by law, general operational responsibility for major
    nonagricultural international trade functions of the United
    States Government, including export development, commercial
    representation abroad, the administration of the antidumping
    and countervailing duty laws, export controls, trade adjustment
    assistance to firms and communities, research and analysis, and
    monitoring compliance with international trade agreements to
    which the United States is a party.
      (b)(1) \2\ There shall be in the Department of Commerce
    (hereinafter referred to as the ``Department'') a Deputy
    Secretary appointed by the President, by and with the advice
    and consent of the Senate. The Deputy Secretary shall receive
    compensation at the rate payable for Level II of the Executive
    Schedule, and shall perform such duties and exercise such
    powers as the Secretary may from time to time prescribe.
    ---------------------------------------------------------------------------
        \2\ Pursuant to Executive Order 12175 (December 7, 1979; 44 F.R.
    70703), sec. 2(b)(1) of this plan became effective on that date.
    ---------------------------------------------------------------------------
      (2) The position of Under Secretary of Commerce established
    under section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat.
    808; 15 U.S.C. 1502) is abolished.
      (c) There shall be in the Department an Under Secretary for
    International Trade appointed by the President, by and with the
    advice and consent of the Senate. The Under Secretary for
    International Trade shall receive compensation at the rate
    payable for Level III of the Executive Schedule, and shall
    perform such duties and exercise such powers as the Secretary
    may from time to time prescribe.
      (d) There shall be in the Department two additional Assistant
    Secretaries appointed by the President, by and with the advice
    and consent of the Senate. Each such Assistant Secretary \3\
    shall perform such duties and exercise such powers as the
    Secretary may from time to time prescribe.
    ---------------------------------------------------------------------------
        \3\ Public Law 97-195 (96 Stat. 115) struck out the words ``shall
    receive compensation at the rate payable for Level IV of the Executive
    Schedule, and'' previously appearing at this point.
    ---------------------------------------------------------------------------
      (e) \4\ There shall be in the Department of Commerce a
    Director General of the United States and Foreign Commercial
    Services who shall be appointed by the President, by and with
    the advice and consent of the Senate, and shall receive
    compensation at the rate prescribed by law for level IV of the
    Executive Schedule.
    ---------------------------------------------------------------------------
        \4\ Public Law 97-377 (96 Stat. 1913) added subsec. 2(e).
    ---------------------------------------------------------------------------

    Sec. 3. Export-Import Bank of the United States.

      The Trade Representative and the Secretary shall serve, ex
    officio and without vote, as additional members of the Board of
    Directors of the Export-Import Bank of the United States.

    Sec. 4. Overseas Private Investment Corporation.

      (a) The Trade Representative shall serve, ex officio, as an
    additional voting member of the Board of Directors of the
    Overseas Private Investment Corporation. The Trade
    Representative shall be the Vice Chairman of such Board.
      (b) There shall be an additional member of the Board of
    Directors of the Overseas Private Investment Corporation who
    shall be appointed by the President of the United States, by
    and with the advice and consent of the Senate, and who shall
    not be an official or employee of the Government of the United
    States. Such Director shall be appointed for a term of no more
    than three years.

    Sec. 5. Transfer of Functions.

      (a)(1) There are transferred to the Secretary all functions
    of the Secretary of the Treasury, the General Counsel of the
    Department of the Treasury, or the Department of the Treasury
    pursuant to the following:
              (A) section 305(b) of the Trade Agreements Act of
            1979 (19 U.S.C. 2515(b)), to be exercised in
            consultation with the Secretary of the Treasury;
              (B) section 232 of the Trade Expansion Act of 1962
            (19 U.S.C. 1862);
              (C) section 303 and title VII (including section
            771(1)) of the Tariff Act of 1930 (19 U.S.C. 1303, 1671
            et seq.), except that the Customs Service of the
            Department of the Treasury shall accept such deposits,
            bonds, or other security as deemed appropriate by the
            Secretary, shall assess and collect such duties as may
            be directed by the Secretary, and shall furnish such of
            its important records or copies thereof as may be
            requested by the Secretary incident to the functions
            transferred by this subparagraph;
              (D) sections 514, 515, and 516 of the Tariff Act of
            1930 (19 U.S.C. 1514, 1515, and 1516) insofar as they
            relate to any protest, petition, or notice of desire to
            contest described in section 1002(b)(1) of the Trade
            Agreements Act of 1979;
              (E) with respect to the functions transferred by
            subparagraph (C) of this paragraph, section 318 of the
            Tariff Act of 1930 (19 U.S.C. 1318), to be exercised in
            consultation with the Secretary of the Treasury;
              (F) with respect to the functions transferred by
            subparagraph (C) of this paragraph, section 502(b) of
            the Tariff Act of 1930 (19 U.S.C. 1502(b)), and,
            insofar as it provides authority to issue regulations
            and disseminate information, to be exercised in
            consultation with the Secretary of the Treasury to the
            extent that the Secretary of the Treasury has
            responsibility under subparagraph (C), section 502(a)
            of such Act (19 U.S.C. 1502(a));
              (G) with respect to the functions transferred by
            subparagraph (C) of this paragraph, section 617 of the
            Tariff Act of 1930 (19 U.S.C. 1617); and
              (H) section 2632(e) of title 28 of the United States
            Code, insofar as it relates to actions taken by the
            Secretary reviewable under section 516A of the Tariff
            Act of 1930 (19 U.S.C. 1516(a)).
      (2) The secretary shall consult with the Trade Representative
    regularly in exercising the functions transferred by
    subparagraph (C) of paragraph (1) of this subsection, and shall
    consult with the Trade Representative regarding any substantive
    regulation proposed to be issued to enforce such functions.
      (b)(1) \5\ There are transferred to the Secretary all trade
    promotion and commercial functions of the Secretary of State or
    the Department of State that are--
    ---------------------------------------------------------------------------
        \5\ This section became effective April 1, 1980.
    ---------------------------------------------------------------------------
              (A) performed in full-time overseas trade promotion
            and commercial positions; or
              (B) performed in such countries as the President may
            from time to time prescribe.
      (2) To carry out the functions transferred by paragraph (1)
    of this subsection, the President, to the extent he deems it
    necessary, may authorize the Secretary to utilize Foreign
    Service personnel authorities and to exercise the functions
    vested in the Secretary of State by the Foreign Service Act of
    1946 (22 U.S.C. 801 et seq.) and by any other laws with respect
    to personnel performing such functions.
      (c) There are transferred to the President all functions of
    the East-West Foreign Trade Board under section 411(c) of the
    Trade Act of 1974 (19 U.S.C. 2441 (c)).
      (d) Appropriations available to the Department of State for
    Fiscal Year 1980 for representation of the United States
    concerning matters arising under the General Agreement on
    Tariffs and Trade and trade and commodity matters dealt with
    under the auspices of the United Nations Conference on Trade
    and Development are transferred to the Trade Representative.
      (e) There are transferred to the interagency organization
    established under section 242 of the Trade Expansion Act of
    1962 (19 U.S.C. 1872) all functions of the East-West Foreign
    Trade Board under section 411 (a) and (b) of the Trade Act of
    1974 (19 U.S.C. 2441 (a) and (b)).

    Sec. 6. Abolition.

      The East-West Foreign Trade Board established under section
    411 of the Trade Act of 1974 (19 U.S.C 2441) is abolished.

    Sec. 7. Responsibility of the Secretary of State.

      Nothing in this reorganization plan is intended to derogate
    from the responsibility of the Secretary of State for advising
    the President on foreign policy matters, including the foreign
    policy aspects of international trade and trade-related
    matters.

    Sec. 8. Incidental Transfers; Interim Officers.

      (a) So much of the personnel, property, records, and
    unexpended balances, of appropriations, allocations, and other
    funds employed, used, held, available, or to be made available
    in connection with the functions transferred under this
    reorganization plan as the Director of the Office of Management
    and Budget shall determine shall be transferred to the
    appropriate agency, organization, or component at such time or
    times as such Director shall provide, except that no such
    unexpended balances transferred shall be used for purposes
    other than those for which the appropriation originally was
    made. The Director of the Office of Management and Budget shall
    provide for terminating the affairs of any agency abolished
    herein and for such further measures and dispositions as such
    Director deems necessary to effectuate the purposes of the
    reorganization plan.
      (b) Pending the assumption of office by the initial officers
    provided for in section 2 of this reorganization plan, the
    functions of each such office may be performed, for up to a
    total of 60 days, by such individuals as the President may
    designate. Any individual so designated shall be compensated at
    the rate provided herein for such position.

    Sec. 9. Effective Date.

      The provisions of this reorganization plan shall take effect
    October 1, 1980, or at such earlier time or times as the
    President shall specify, but not sooner than the earliest time
    allowable under section 906 of title 5 of the United States
    Code.
              (25) Administration of the Trade Agreements Program

     Executive Order 11846, March 27, 1975, 40 F.R. 14291, 19 U.S.C. 2111
      note; as amended by Executive Order 11894, January 6, 1976, 41 F.R.
    1041; Executive Order 11947, November 8, 1976, 41 F.R. 49799; Executive
     Order 12102, November 17, 1978, 43 F.R. 54197; Executive Order 12163,
     September 29, 1979, 44 F.R. 56673; Executive Order 12188, January 2,
      1980, 45 F.R. 989; and Executive Order 13277, November 19, 2002, 67
                                   F.R. 70305

        By virtue of the authority vested in me by the Trade Act of
    1974, hereinafter referred to as the Act (Public Law 93-618, 88
    Stat. 1978), the Trade Expansion Act of 1962, as amended (19
    U.S.C. 1801), Section 350 of the Tariff Act of 1930, as amended
    (19 U.S.C. 1351), and Section 301 of Title 3 of the United
    States Code, and as President of the United States it is hereby
    ordered as follows:

    Section 1. The Trade Agreements Program.

        The ``trade agreements program'' includes all activities
    consisting of, or related to, the negotiation or administration
    of international agreements which primarily concern trade and
    which are concluded pursuant to the authority vested in the
    President by the Constitution, Section 350 of the Tariff Act of
    1930, as amended, the Trade Expansion Act of 1962, as amended,
    Divisions B and C of the Trade Act of 2002 \1\, or the Act.
    ---------------------------------------------------------------------------
        \1\ Sec. 4 of Executive Order 13277 (67 F.R. 70305) inserted ``,
    Divisions B and C of the Trade Act of 2002''.
    ---------------------------------------------------------------------------

    Sec. 2. The Special Representative for Trade Negotiations.

        (a) The Special Representative for Trade Negotiations,
    hereinafter referred to as the Special Representative, in
    addition to the functions conferred upon him by the Act,
    including Section 141 thereof, and in addition to the functions
    and responsibilities set forth in this Order, shall be
    responsible for such other functions as the President may
    direct.
        (b) \2\ * * * [Revoked--1980]
    ---------------------------------------------------------------------------
        \2\ Sec. 1-105(e) of Executive Order 12188 revoked subsec. (b),
    which stipulated that the Special Representative would be the chief
    representative of the United States for each negotiation under the
    trade agreements program. This responsibility is now vested in the
    United States Trade Representative.
    ---------------------------------------------------------------------------
        (c) The Special Representative shall prepare, for the
    President's transmission to Congress, the annual report on the
    trade agreements program required by Section 163(a) of the Act.
    At the request of the Special Representative, other agencies
    shall assist in the preparation of that report.
        (d) The Special Representative, except where expressly
    otherwise provided or prohibited by statute, Executive order,
    or instructions of the President, shall be responsible for the
    proper administration of the trade agreements program, and may,
    as he deems necessary, assign to the head of any Executive
    agency or body the performance of his duties which are
    incidental to the administration of the trade agreements
    program.
        (e) The Special Representative shall consult with the Trade
    Policy Committee in connection with the performance of his
    functions, including those established or delegated by this
    Order, and shall, as appropriate, consult with other Federal
    agencies or bodies. with respect to the performance of his
    functions under Title IV of the Act, including those
    established or delegated by this Order, the Special
    Representative shall also consult with the East-West Foreign
    Trade Board.
        (f) The Special Representative shall be responsible for the
    preparation and submission of any Proclamation which relates
    wholly or primarily to the trade agreements program. Any such
    Proclamation shall be subject to all the provisions of
    Executive Order No. 11030, as amended, except that such
    Proclamation need not be submitted to the Director of the
    Office of Management and Budget.
        (g) The Secretary of State shall advise the Special
    Representative, and the Committee, on the foreign policy
    implications of any action under the trade agreements program.
    The Special Representative shall invite appropriate departments
    to participate in trade negotiations of particular interest to
    such departments, and the Department of State shall participate
    in trade negotiations which have a direct and significant
    impact on foreign policy.

    Sec. 3. The Trade Policy Committee.

        (a) \3\ * * * [Revoked--1980]
    ---------------------------------------------------------------------------
        \3\ Sec. 1-105(e) of Executive Order 12188 revoked subsec. (a),
    which established the Trade Policy Committee and listed the members of
    the Committee. See sec. 1-102 of Executive Order 12188 for the current
    listing of Committee members and other pertinent information concerning
    the Committee.
    ---------------------------------------------------------------------------
        (b) The Committee shall have the functions conferred by the
    Trade Expansion Act of 1962, as amended, upon the inter-agency
    organization referred to in Section 242 thereof, as amended,
    the functions delegated to it by the provisions of this Order,
    and such other functions as the President may from time to time
    direct. Recommendations and advice of the Committee shall be
    submitted to the President by the Chairman.
        (c) \4\ The Special Representative or any other officer who
    is chief representative of the United States in a negotiation
    in connection with the trade agreements program shall keep the
    Committee informed with respect to the status and conduct of
    negotiations and shall consult with the Committee regarding the
    basic policy issues arising in the course of negotiations.
    ---------------------------------------------------------------------------
        \4\ Sec. 1-105(e) of Executive Order 12188 revoked the first
    sentence of subsec. (c), which stated that the Committee's
    recommendations under sec. 242(b)(1) of the Trade Expansion Act of 1962
    would guide the administration of the trade agreements program.
    ---------------------------------------------------------------------------
        (d) Before making recommendations to the President under
    Section 242(b)(2) of the Trade Expansion Act of 1962, as
    amended, the Committee shall, through the Special
    Representative, request the advice of the Adjustment Assistance
    Coordinating Committee, established by Section 281 of the Act.
        (e) \5\ * * * [Revoked--1980]
    ---------------------------------------------------------------------------
        \5\ Sec. 1-105(e) of Executive Order 12188 revoked subsecs. (e)
    (directing the Committee to advise the President as to what action he
    should take regarding unfair practices in import trade) and (f)
    (abolishing the Trade Expansion Act Advisory Committee).
    ---------------------------------------------------------------------------
        (f) \5\ * * * [Revoked--1980]

    Sec. 4. Trade Negotiations Under Title I of the Act.

        (a) The functions of the President under Section 102 of the
    Act concerning notice to, and consultation with, Congress, in
    connection with agreements on nontariff barriers to, and other
    distortions of, trade, are hereby delegated to the Special
    Representative.
        (b) The Special Representative, after consultation with the
    Committee, shall prepare, for the President's transmission to
    Congress, all proposed legislation and other documents
    necessary or appropriate for the implementation of, or
    otherwise required in connection with, trade agreements;
    provided, however, that where implementation of an agreement on
    nontariff barriers to, and other distortions of, trade requires
    a change in a domestic law, the department or agency having the
    primary interest in the administration of such domestic law
    shall prepare and transmit to the Special Representative the
    proposed legislation necessary or appropriate for such
    implementation.
        (c) The functions of the President under Section 131(c) of
    the Act with respect to advice of the International Trade
    Commission and under Section 132 of the Act with respect to
    advice of the departments of the Federal Government and other
    sources, are delegated to the Special Representative. The
    functions of the President under Section 133 of the Act with
    respect to public hearings in connection with certain trade
    negotiations are delegated to the Special Representative, who
    shall designate an interagency committee to hold and conduct
    any such hearings.
        (d) The functions of the President under Section 135 of the
    Act with respect to advisory committees and, notwithstanding
    the provisions of any other Executive order, the functions of
    the President under the Federal Advisory Committee Act (86
    Stat. 770, 5 U.S.C. App. I), except that of reporting annually
    to Congress, which are applicable to advisory committees under
    the Act are delegated to the Special Representative. In
    establishing and organizing general policy advisory committees
    or sector advisory committees under Section 135(c) of the Act,
    the Special Representative shall act through the Secretaries of
    Commerce, Labor and Agriculture, as appropriate.
        (e) The functions of the President with respect to
    determining ad valorem amounts and equivalents pursuant to
    Sections 601 (3) and (4) of the Act are hereby delegated to the
    Special Representative. The International Trade Commission is
    requested to advise the Special Representative with respect to
    determining such ad valorem amounts and equivalents. The
    Special Representative shall seek the advice of the Commission
    and consult with the Committee with respect to the
    determination of such ad valorem amounts and equivalents.
        (f) Advice of the International Trade Commission under
    Section 131 of the Act, and other advice or reports by the
    International Trade Commission to the President or the Special
    Representative, the release or disclosure of which is not
    specifically authorized or required by law, shall not be
    released or disclosed in any manner or to any extent not
    specifically authorized by the President or by the Special
    Representative.

    Sec. 5. Import Relief and Market Disruption.

        (a) The Special Representative is authorized to request
    from the International Trade Commission the information
    specified in Sections 202(d) and 203(i) (1) and (2) of the Act.
        (b) The Secretary of the Treasury, in consultation with the
    Secretary of Commerce or the Secretary of Agriculture, as
    appropriate, is authorized to issue, under Section 203(g) of
    the Act, regulations governing the administration of any
    quantitative restrictions proclaimed in order to provide import
    relief and is authorized to issue, under Section 203(g) of the
    Act or 352(b) of the Trade Expansion Act of 1962, regulations
    governing the entry, or withdrawal from warehouses for
    consumption, of articles pursuant to any orderly marketing
    agreement.
        (c) The Secretary of Commerce shall exercise primary
    responsibility for monitoring imports under any orderly
    marketing agreement.

    Sec. 6.\6\ Unfair Trade Practices. * * * [Revoked--1980]
    ---------------------------------------------------------------------------

        \6\ Sec. 1-105(e) of Executive Order 12188 revoked sec. 6, relating
    to unfair trade practices.
    ---------------------------------------------------------------------------

    Sec. 7.\7\ East-West Foreign Trade Board.
    ---------------------------------------------------------------------------

        \7\ Sec. 6 of Reorganization Plan No. 3 of 1979 (International
    Trade) abolished the East-West Foreign Trade Board.
    ---------------------------------------------------------------------------
        (a) In accordance with Section 411 of the Act, there is
    hereby established the East-West Foreign Trade Board,
    hereinafter referred to as the Board. The Board shall be
    composed of the following members and such additional members
    of the Executive branch as the President may designate:
              (1) The Secretary of State.
              (2) The Secretary of the Treasury.
              (3) The Secretary of Defense.\8\
    ---------------------------------------------------------------------------
        \8\ Executive Order 11894 (January 6, 1976; 41 F.R. 1041) added the
    Secretary of Defense and renumbered those listed below.
    ---------------------------------------------------------------------------
              (4) The Secretary of Agriculture.
              (5) The Secretary of Commerce.
              (6) The Special Representative for Trade
            Negotiations.
              (7) The Director of the Office of Management and
            Budget.
              (8) The Chairman of the Council of Economic
            Advisors.\9\
    ---------------------------------------------------------------------------
        \9\ Executive Order 12102 (43 F.R. 54197) struck out ``(8) The
    Executive Director of the Council on International Economic Policy''
    and ``(9) The Assistant to the President for Economic Affairs'' as
    members of the East-West Foreign Trade Board, inserted in lieu thereof
    ``(8) The Chairman of the Council of Economic Advisors'', and
    redesignated para. (10) as para. (9).
    ---------------------------------------------------------------------------
              (9) The President of the Export-Import Bank of the
            United States.
    The President shall designate the Chairman and the Deputy
    Chairman of the Board. The President may designate an Executive
    Secretary, who shall be Chairman of a working group which will
    include membership from the agencies represented on the Board.
        (b) The Board shall perform such functions as are required
    by Section 411 of the Act and such other functions as the
    President may direct.
        (c) The Board is authorized to promulgate such rules and
    regulations as are necessary or appropriate to carry out its
    responsibilities under the Act and this Order.
        (d) The Secretary of State shall advise the President with
    respect to determinations required to be made in connection
    with Sections 402 and 409 of the Act (dealing with freedom of
    emigration) and Section 403 (dealing with United States
    personnel missing in action in Southeast Asia), and shall
    prepare, for the President's transmission to Congress, the
    reports and other documents required by Sections 402 and 409 of
    the Act.
        (e) The President's Committee on East-West Trade Policy,
    established by Executive Order No. 11789 of June 25, 1974, as
    amended by Section 6(d) of Executive Order No. 11808 of
    September 30, 1974, is abolished and all of its records are
    transferred to the Board.

    Sec. 8. Generalized System of Preferences.

        (a) The Special Representative, in consultation with the
    Secretary of State, shall be responsible for the administration
    of the generalized system of preferences under Title V of the
    Act.
        (b) The Committee, through the Special Representative,
    shall advise the President as to which countries should be
    designated as beneficiary developing countries, and as to which
    articles should be designated as eligible articles for the
    purposes of the system of generalized preferences.

    Sec. 9. Prior Executive Orders.

        (a) Executive Order No. 11789 of June 25, 1974, and Section
    6(d) of Executive Order No. 11808 of September 30, 1974,
    relating to the President's Committee on East-West Trade Policy
    are hereby revoked.
        (b)(1) Sections 5(b), 7, and 8 of Executive Order No. 11075
    of January 15, 1963, are hereby revoked effective April 3,
    1975; (2) the remainder of Executive Order No. 11075, and
    Executive Order No. 11106 of April 18, 1963 and Executive Order
    No. 11113 of June 13, 1963, are hereby revoked.
                       (26) International Trade Functions

      Executive Order 12188, January 2, 1980, 45 F.R. 989, 19 U.S.C. 2171
     note; as amended by Executive Order 12292, February 23, 1981, 46 F.R.
      13967; as amended by Executive Order 13118, March 31, 1999, 64 F.R.
       16595; and Executive Order 13286, February 28, 2003, 68 F.R. 10619

        By the authority vested in me by the Trade Agreements Act
    of 1979, the Trade Act of 1974, the Trade Expansion Act of
    1962, section 350 of the Tariff Act of 1930, Reorganization
    Plan No. 3 of 1979, and section 301 of title 3 of the United
    States Code, and as President of the United States, it is
    hereby ordered as follows:

    Sec. 1-101. The United States Trade Representative.

        (a) Except as may be otherwise expressly provided by law,
    the United States Trade Representative (hereinafter referred to
    as the ``Trade Representative'') shall be chief representative
    of the United States for:
              (1) all activities of, or under the auspices of the
            General Agreement on Tariffs and Trade;
              (2) discussions, meetings, and negotiations in the
            Organization for Economic Cooperation and Development
            when trade or commodity issues are the primary issues
            under consideration;
              (3) negotiations in the United Nations Conference on
            Trade and Development and other multilateral
            institutions when trade or commodity issues are the
            primary issues under consideration;
              (4) other bilateral or multilateral negotiations when
            trade, including East-West trade, or commodities is the
            primary issue under consideration;
              (5) negotiations under sections 704 and 734 of the
            Tariff Act of 1930 (19 U.S.C. 1671c and 1673c); and
              (6) negotiations concerning direct investment
            incentives and disincentives and bilateral investment
            issues concerning barriers to investment.
        For purposes of this subsection, the term ``negotiations''
    includes discussions and meetings with foreign governments and
    instrumentalities primarily concerning preparations for formal
    negotiations and policies regarding implementation of
    agreements resulting from such negotiations.
        (b) The Trade Representative, in consultation with the
    Trade Negotiating Committee, shall invite such members of the
    Trade Negotiating Committee and representatives of other
    departments or agencies as may be appropriate to participate in
    the negotiations and other activities listed in subsection (a).
        (c) The Trade Representative, in consultation with the
    Trade Negotiating Committee, may delegate to any member of the
    Trade Negotiating Committee, or to any other appropriate
    department or agency, primary responsibility for representing
    the United States in any of the negotiations and other
    activities set forth in subsection (a).
        (d) The Trade Representative, or any department or agency
    to which responsibility for representing the United States in a
    negotiation or other activity has been delegated pursuant to
    subsection (c), shall consult with the Trade Policy Committee
    and with any affected regulatory agencies on the policy issues
    arising in connection with the negotiations and other
    activities listed in subsection (a).

    Sec. 1-102. The Trade Policy Committee.\1\
    ---------------------------------------------------------------------------

        \1\ For other material concerning the Trade Policy Committee, see
    the remaining text of sec. 3 of Executive Order 11846.
    ---------------------------------------------------------------------------
        (a) As provided by section 242 of the Trade Expansion Act
    of 1962 (19 U.S.C. 1872), the Trade Policy Committee
    (hereinafter referred to as the ``Committee'') is continued.
    The Committee shall have the functions specified by law or by
    the President, including those specified in section 1(b)(3) of
    Reorganization Plan No. of 1979.
        (b) The Committee shall be composed of the following:
              (1) The Trade Representative, who shall be Chairman
              (2) The Secretary of Commerce, who shall be Vice
            Chairman
              (3) The Secretary of State
              (4) The Secretary of the Treasury
              (5) The Secretary of Defense
              (6) The Attorney General
              (7) The Secretary of the Interior
              (8) The Secretary of Agriculture
              (9) The Secretary of Labor
              (10) The Secretary of Transportation
              (11) The Secretary of Energy
              (12) \2\ The Secretary of Homeland Security
              (13) \2\ The Director of the Office of Management and
            Budget
              (14) \2\ The Chairman of the Council of Economic
            Advisers
              (15) \2\ The Assistant to the President for National
            Security Affairs
              (16) \2\ Administrator of the United States Agency
            for International Development \3\
    ---------------------------------------------------------------------------
        \2\ Sec. 50 of Executive Order 13286 (February 28, 2003; 68 F.R.
    10619) inserted ``(12) The Secretary of Homeland Security'' and
    renumbered paras. (12)-(15) as (13)-(16).
        \3\ Executive Order 13118 (March 31, 1999; 64 F.R. 13118) struck
    out ``The Director of the United States International Development
    Cooperation Agency'' and inserted in lieu thereof ``Administrator of
    the United States Agency for International Development''.
    ---------------------------------------------------------------------------
        The Chairman and any member of the Committee may designate
    a subordinate officer whose status is not below that of an
    Assistant Secretary to serve in his stead when he is unable to
    attend any meetings of the Committee. The Chairman may invite
    representatives from other agencies to attend the meetings of
    the Committee.
        (c)(1) There is established, as a subcommittee of the
    Committee, a Trade Negotiating Committee which shall advise the
    Trade Representative on the management of negotiations referred
    to in section 1-101(a) of this order. The members of such
    subcommittee shall be the Trade Representative (Chair), the
    Secretary of State, the Secretary of the Treasury, the
    Secretary of Agriculture, the Secretary of Commerce, and the
    Secretary of Labor.
        (2) The Trade Representative, with the advice of the
    Committee, may create additional subcommittees thereof.
        (d) In advising the President on international trade and
    related matters, the Trade Representative shall take into
    account and reflect the views of the members of the Committee
    and of other interested agencies.

    Sec. 1-103. Delegation of Functions.

        (a) The function vested in the President by section 412(b)
    of the Trade Agreements Act of 1979 (19 U.S.C. 2542(b)) is
    delegated to the Secretary of Commerce with regard to the
    technical office established under section 412(a)(1) of such
    Act and to the Secretary of Agriculture with regard to the
    technical office established under section 412(a)(2) of such
    Act. In prescribing the functions of each technical office, the
    Secretary concerned shall consult with the Trade Representative
    and with all affected regulatory agencies. The functions
    delegated by this section shall be exercised in coordination
    with the Trade Representative.
        (b) The functions of the President under sections 2(b) and
    303 of the Trade Agreements Act of 1979 (19 U.S.C. 2503(b) and
    2513) and section 701(b) of the Tariff Act of 1930 (19 U.S.C.
    1871(b)) are delegated to the Trade Representative, who shall
    exercise such authority with the advice of the Trade Policy
    Committee.

    Sec. 1-104. Authority Under the Foreign Service Act and Related Laws.

        (a) The Secretary of Commerce (hereinafter referred to as
    the ``Secretary'') is authorized to establish a Foreign
    Commercial Service in the Department of Commerce, and a
    category of career officers of the Foreign Commercial Service
    to be known as Foreign Commercial Officers. For purposes of the
    utilization by the Secretary of the authorities granted to the
    Secretary under this section, the terms ``Foreign Service'' and
    ``Foreign Service Officer'' shall be construed to mean
    ``Foreign Commercial Service'' and ``Foreign Commercial
    Officer,'' respectively.
        (b) \4\ * * * [Revoked--1981]
    ---------------------------------------------------------------------------
        \4\ Sec. 9(m) of Executive Order 12292 revoked sec. 1-104(b), which
    had delegated functions under the Foreign Service Act of 1946 (repealed
    in 1980).
    ---------------------------------------------------------------------------
        (c) The Board of the Foreign Service and the Board of
    Examiners for the Foreign Service established by Executive
    Order 11264 of December 31, 1965, as amended shall exercise
    with respect to Foreign Service personnel of the Department of
    Commerce the functions delegated to them by that order with
    respect to Foreign Service personnel of the Department of
    State. The Boards shall perform such additional functions with
    respect to Foreign Service personnel of the Department of
    Commerce as the Secretary may from time to time delegate or
    otherwise assign, consistent with the functions of such boards.

    Sec. 1-105. Prior Executive Orders and Determination.

        (a) Section 1(b) of Executive Order 11269 of February 14,
    1966, as amended by adding ``the United States Trade
    Representative,'' after ``the Secretary of State,''.
        (b)(1) Section 1 of Executive Order 11539 of June 30, 1970,
    is amended to read as follows:
        ``Section 1. The United States Trade Representative, with
    the concurrence of the Secretary of Agriculture and the
    Secretary of State, is authorized to negotiate bilateral
    agreements with representatives of governments of foreign
    countries limiting the export from the respective countries and
    the importation into the United States of--
              ``(1) fresh, chilled, or frozen cattle meat,
              ``(2) fresh, chilled, or frozen meat of goats and
            sheep (except lambs), and
              ``(3) prepared and preserved beef and veal (except
            sausage) if articles are prepared, whether fresh,
            chilled, or frozen, but not otherwise preserved, that
            are the products of such countries.''.
        (2) Section 4 of such order is amended by striking out
    ``the Secretary of State'' and inserting in lieu thereof ``the
    United States Trade Representative''.
        (c) The last sentence of section 1(a) of Executive Order
    11651 of March 3, 1972, as amended, is amended to read as
    follows: ``The United States Trade Representative, or his
    designee, also shall be a member of the Committee.''.
        (d) The first sentence of section 3 of Executive Order
    11703 of February 7, 1973, is amended to read as follows: ``The
    Oil Policy Committee shall henceforth consist of the United
    States Trade Representative, chair, and the Secretaries of
    State, Treasury, Defense, the Interior, Commerce and Energy,
    the Attorney General, and the Chairman of the Council of
    Economic Advisers as members.''.
        (e) Sections 2(b) and 3(a), the first sentence of section
    3(c), and sections 3(e), 3(f), and 6 of Executive Order 11846
    of March 27, 1975, as amended, are revoked.
        (f)(1) Section 1(a)(5) of Executive Order 11858 of May 7,
    1975, is amended to read: ``(5) The United States Trade
    Representative''.
        (2) Section 1(a)(6) of such order is amended to read: ``(6)
    The Chairman of the Council of Economic Advisers''.
        (g) Executive Order 12096 of November 2, 1978, is revoked.
        (h) The last paragraph of the Presidential Determination
    Regarding the Acceptance and Application of Certain
    International Trade Agreements (dated December 14, 1979) (44 FR
    74781, at 74784; December 18, 1979), delegating functions under
    section 2(b) of the Trade Agreements Act of 1979 and section
    701(b) of the Tariff Act of 1930, is revoked.
        (i) Any reference to the Office of the Special
    Representative for Trade Negotiations or to the Special
    Representative for Trade Negotiations in any Executive order,
    proclamation, or other document shall be deemed to refer to the
    Office of the United States Trade Representative or to the
    United States Trade Representative, respectively.

    Sec. 1-106. Incidental Transfers and Reassignments.

        So much of the personnel, property, records and unexpended
    balances of appropriations, allocations, and other funds
    employed, used, held, available, or to be made available in
    connection with functions transferred or reassigned by the
    provisions of this order as the Director of the Office of
    Management and Budget shall determine shall be transferred or
    reassigned for use in connection with such functions.

    Sec. 1-107. Effective Dates.

        (a) Sections 1, 2(a), 2(b)(2), 2(c), 3, 4, 5(a), 5(b)(2), 5
    (c) through (e), and 6 through 8 of Reorganization Plan No. 3
    of 1979, and the provisions of this order, shall take effect as
    of January 2, 1980.
        (b) Section 5(b)(1) of such plan shall take effect as of
    April 1, 1980.
    (27) Implementing the Omnibus Trade and Competitiveness Act of 1988 and
                      Related International Trade Matters

     Executive Order 12661, December 27, 1988, 54 F.R. 779, 19 U.S.C. 2901
     note; as amended by Executive Order 12697, December 22, 1989, 54 F.R.
        53037; Executive Order 12716, May 24, 1990, 55 F.R. 21831; and
            Executive Order 12774, September 27, 1991, 56 F.R. 49835

        By virtue of the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Omnibus Trade and Competitiveness Act of 1988
    (P.L. 100-418, 102 Stat. 1107) (``Omnibus Trade Act''), the
    Tariff Act of 1930 (Chapter 497, 46 Stat. 590, June 17, 1930),
    as amended (``Tariff Act''), the National Defense Authorization
    Act, Fiscal Year 1989 (P.L. 100-456, 102 Stat. 1918) (``Defense
    Authorization Act''), section 301 of Title 3 of the United
    States Code, and, in general, to ensure that the international
    trade policy of the United States shall be conducted and
    administered in a way that achieves the economic, foreign
    policy, and national security objectives of the United States
    and in a coordinated manner under the direction of the
    President, it is hereby ordered as follows:

                    PART I--TRADE, CUSTOMS, AND TARIFF LAWS

    Section 1-101. Accession of State Trading Regimes to the
            General Agreement on Tariffs and Trade. The functions
            vested in the President by sections 1106(a), (b) and
            (d) of the Omnibus Trade Act, regarding the accession
            of state trading regimes to the General Agreement on
            Tariffs and Trade, are delegated to the United States
            Trade Representative.

    Sec. 1-201. Wine Barriers. The functions vested in the
            President by section 1125 of the Omnibus Trade Act,
            regarding the updated report on barriers to wine trade,
            are delegated to the United States Trade
            Representative.

    Sec. 1-301. Steel Imports. The functions vested in the
            President by section 805(d)(1) and (2) of the Trade and
            Tariff Act of 1984 (19 U.S.C. 2253, note), as amended
            by section 1322 of the Omnibus Trade Act, are delegated
            to the United States Trade Representative.

    Sec. 1-401. Telecommunications Trade. The functions vested in
            the President by sections 1375 and 1376(e) of the
            Omnibus Trade Act, regarding certain telecommunications
            negotiations as may be ordered by the President and
            reports thereon to Congressional Committees, are
            delegated to the United States Trade Representative.

    Sec. 1-501. Uniform Fee on Imports. The functions vested in the
            President by section 1428 of the Omnibus Trade Act,
            regarding negotiations to obtain authority under the
            General Agreement on Tariffs and Trade to impose a
            small uniform fee on imports, are delegated to the
            United States Trade Representative.

                          PART II--EXPORT ENHANCEMENT

    Sec. 2-101. Countertrade and Barter.

        (1) Establishment. There is established an Interagency
    Group on Countertrade, which shall be composed of the
    Secretaries of Commerce, State, Defense, Treasury, Labor,
    Agriculture, and Energy, the Attorney General, the
    Administrator of the Agency for International Development, the
    Director of the Federal Emergency Management Agency, the United
    States Trade Representative and the Director of the Office of
    Management and Budget, or their respective representatives. The
    Secretary of Commerce or his representative shall be the
    Chairman of the interagency group.
        (2) Functions. The interagency group shall carry out the
    functions and duties set out in section 2205(a) of the Omnibus
    Trade Act.

    Sec. 2-201. Sanctions Against Toshiba and Kongsberg.\1\

        (1) Procurement Sanctions. Pursuant to section 2443 of the
    Omnibus Trade Act and subject to the exceptions referred to in
    paragraph (3), departments, agencies and instrumentalities of
    the United States Government shall not for the three-year
    period beginning on the date this Order takes effect, contract
    with or procure products and services from Toshiba Machine
    Company, Kongsberg Trading Company, Toshiba Corporation or
    Kongsberg Vaapenfabrikk. The head of each department, agency or
    instrumentality is hereby directed and authorized to implement
    this procurement sanction in accordance with paragraph (3).
    ---------------------------------------------------------------------------
        \1\ Sanctions expired on December 28, 1991 (Department of Defense;
    FAC 90-10; FAR Case 91-66; Item II; 56 F.R. 67415).
    ---------------------------------------------------------------------------
        (2) Import Sanctions. Pursuant to section 2443 of the
    Omnibus Trade Act and subject to the exceptions referred to in
    paragraph (3), importation into the United States, its
    territories and possessions, of products produced by Toshiba
    Machine Company or Kongsberg Trading Company is prohibited for
    three years from the effective date of this Order. The
    Secretary of the Treasury is hereby directed and authorized to
    implement this import sanction in accordance with paragraph
    (3).
        (3) Exceptions. Authority to make determinations as to
    exceptions to sanctions and to implement exceptions by
    regulation or otherwise is delegated (i) to the Secretary of
    Defense with respect to determinations under section 2443(c)(1)
    regarding the procurement of defense articles or defense
    services, (ii) to the Secretary of the Treasury with respect to
    exceptions under section 2443(c)(2) regarding importation
    prohibited by section 2443(a)(2), and (iii) to the head of each
    Federal department, agency or instrumentality with respect to
    exceptions under section 2443(c)(2) affecting their respective
    contracting and procurement. All regulations implementing these
    exceptions provisions shall be consistent with any guidelines
    provided by the Office of Federal Procurement Policy, Office of
    Management and Budget.
        (4) Annual Report. The annual report required by section
    2445, concerning estimated increases in defense expenditures
    arising from illegal technology transfers, shall be prepared by
    the Secretary of Defense, in consultation with the Secretaries
    of State and Commerce, for submission to the Congress by the
    President.

        PART III--FOREIGN CORRUPT PRACTICES AMENDMENTS; INVESTMENT; AND
                                   TECHNOLOGY

    Sec. 3-101. Foreign Corrupt Practices Act Amendments.

        The functions conferred upon the President by section
    5003(d)(1) (``International Agreement'') of the Omnibus Trade
    Act are delegated to the secretary of State, who in performing
    such functions shall act in consultation with the Attorney
    General, the United States Trade Representative, the Chairman
    of the Securities and Exchange Commission, the Secretary of
    Commerce, the Secretary of the Treasury and the Director of the
    Office of Management and Budget.

    Sec. 3-201.\2\ Authority to Review Certain Mergers,
            Acquisitions, and Takeovers. * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 3-201 added new secs. 7 and 8 and made other amendments to
    Executive Order 11858.

    Sec. 3-301. Reporting Requirement on Semiconductors, Fiber
    ---------------------------------------------------------------------------
            Optics and Superconducting Materials. * * *

    Sec. 3-401. A National Commission on Superconductivity. * * *
            [Revoked by Executive Order 12774, September 27, 1991]
              * * * * * * *

                             PART V--MISCELLANEOUS

    Sec. 5-101. Executive Oversight. Any actions or determinations
            taken or made by an officer or agency under the Omnibus
            Trade Act or this Order shall be subject to the
            Executive oversight and direction of the President, and
            such actions or determinations shall be undertaken
            after appropriate inter-agency consultation as
            established by the President.

    Sec. 5-102. Regulatory Review. Notwithstanding the provisions
            of section 1(a)(2) of Executive Order 12291 of February
            17, 1981, the Director of the Office of Management and
            Budget shall, with regard to regulations, rules, or
            agency statements of general applicability and future
            effect designed to implement, interpret, or prescribe
            law of policy or describing the procedure or practice
            requirements of an agency relative to the
            administration of the Export Administration Act,
            determine whether such regulations, rules, or agency
            statements are exempted from review under that Order,
            pursuant to the provisions of section 8(b) thereof.

    Sec. 5-201. Offsets. The negotiating functions under section
            825(c) of the Defense Authorization Act, as may be
            ordered by the President, are hereby jointly delegated
            to the Secretary of Defense and the United States Trade
            Representative. These functions shall be coordinated
            with the Secretary of State and conducted in
            consultation with the Secretaries of Commerce, Labor,
            and the Treasury.

    Sec. 5-202. Reporting Functions. The reporting functions of the
            President under section 825(d) of the Defense
            Authorization Act are delegated to the Director of the
            Office of Management and Budget. The Director may
            further delegate to the heads of Executive departments
            and agencies responsibility for preparing particular
            sections of such reports. The heads of Executive
            departments and agencies shall, to the extent permitted
            by law, provide the Director with such information as
            may be necessary for the effective performance of these
            functions.

    Sec. 5-301. International Trade Commission Report. The
            functions vested in the President by section 332(g) of
            the Tariff Act, regarding reports by the United States
            International Trade Commission to the President, are
            delegated to the United States Trade Representative.

    Sec. 5-401. Strengthening International Institutions. To the
            extent possible, actions undertaken under this Order
            shall be conducted in a manner that strengthens
            international institutions that further United States
            objectives, such as opening foreign markets and
            preventing the export of strategic goods and
            technologies to proscribed destinations.

    Sec. 5-501. Effective Date. This Order shall take effect at
            12:01 a.m. on Wednesday, December 28, 1988.
               (28) Identification of Trade Expansion Priorities

      Executive Order 12901, March 3, 1994, 59 F.R. 10727, 19 U.S.C. 2420
    note; as amended by Executive Order 12973, September 27, 1995, 60 F.R.
                                     51665

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 141 and 301-310 of the Trade Act of 1974, as
    amended (the ``Act'') (19 U.S.C. 2171, 2411-2420), and section
    301 of title 3, United States Code, and to ensure that the
    trade policies of the United States advance, to the greatest
    extent possible, the export of the products and services of the
    United States and that trade policy resources are used
    efficiently, it is hereby ordered as follows:
        Section 1. Identification. (a) Within 6 months of the
    submission of the National Trade Estimate Report (required by
    section 181(b) of the Act (19 U.S.C. 2241)) for 1996 and
    1997,\1\ the United States Trade Representative (``Trade
    Representative'') shall review United States trade expansion
    priorities and identify priority foreign country practices, the
    elimination of which is likely to have the most significant
    potential to increase United States exports, either directly or
    through the establishment of a beneficial precedent. The Trade
    Representative shall submit to the Committee on Finance of the
    Senate and the Committee on Ways and Means of the House of
    Representatives, and shall publish in the Federal Register, a
    report on the priority foreign country practices identified.
    ---------------------------------------------------------------------------
        \1\ Executive Order 12973 (September 27, 1995; 60 F.R. 51665)
    struck out ``1994 and 1995'' and inserted in lieu thereof ``1996 and
    1997''.
    ---------------------------------------------------------------------------
        (b) In identifying priority foreign country practices under
    paragraph (a) of this section, the Trade Representative shall
    take into account all relevant factors, including:
              (1) the major barriers and trade distorting practices
            described in the National Trade Estimate Report;
              (2) the trade agreements to which a foreign country
            is a party and its compliance with those agreements;
              (3) the medium-term and long-term implications of
            foreign government procurement plans; and
              (4) the international competitive position and export
            potential of United States products and services.
        (c) The Trade Representative may include in the report, if
    appropriate, a description of the foreign country practices
    that may in the future warrant identification as priority
    foreign country practices. The Trade Representative also may
    include a statement about other foreign country practices that
    were not identified because they are already being addressed by
    provisions of United States trade law, existing bilateral trade
    agreements, or in trade negotiations with other countries and
    progress is being made toward their elimination.
        Sec. 2. Initiation of Investigation. Within 21 days of the
    submission of the report required by paragraph (a) of section
    1, the Trade Representative shall initiate under section
    302(b)(1) of the Act (19 U.S.C. 2412(b)(1)) investigations
    under title III, chapter 1, of the Act with respect to all of
    the priority foreign country practices identified.
        Sec. 3. Agreements for the Elimination of Barriers. In the
    consultations with a foreign country that the Trade
    Representative is required to request under section 303(a) of
    the Act (19 U.S.C. 2413(a)) with respect to an investigation
    initiated by reason of section 2 of this order, the Trade
    Representative shall seek to negotiate an agreement that
    provides for the elimination of the practices that are the
    subject of the investigation as quickly as possible or, if that
    is not feasible, provides for compensatory trade benefits. The
    Trade Representative shall monitor any agreement entered into
    under this section pursuant to the provisions of section 306 of
    the Act (19 U.S.C. 2416).
        Sec. 4. Reports. The Trade Representative shall include in
    the semiannual report required by section 309 of the Act (19
    U.S.C. 2419) a report on the status of any investigation
    initiated pursuant to section 2 of this order and, where
    appropriate, the extent to which such investigations have led
    to increased opportunities for the export of products and
    services of the United States.
        Sec. 5. Presidential Direction. The authorities delegated
    pursuant to this order shall be exercised subject to any
    subsequent direction by the President in a particular matter.
              (29) Trade and Environment Policy Advisory Committee

     Executive Order 12905, March 25, 1994, 59 F.R. 14733, 19 U.S.C. 2155
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Federal Advisory Committee Act, as amended (5
    U.S.C. App.), and section 135(c)(1) of the Trade Act of 1974,
    as amended (19 U.S.C. 2155(c)(1)) (``Act''), it is hereby
    ordered as follows:
        Section 1. Establishment. There is established in the
    Office of the United States Trade Representative (``Trade
    Representative'') the ``Trade and Environment Policy Advisory
    Committee'' (``Committee'').
        Sec. 2. Membership. (a) The Committee shall consist of not
    more than 35 members, including, but not limited to,
    representatives from environmental interest groups, industry
    (including the environmental technology and environmental
    services industries), agriculture, services, non-Federal
    government, and consumer interests. The Committee should be
    broadly representative of the key sectors and groups of the
    economy with an interest in trade and environmental policy
    issues.
        (b) The Chairman of the Committee shall be elected by the
    Committee from among its members. Members of the Committee
    shall be appointed by the Trade Representative, in consultation
    with the Cabinet secretaries described in section 2155(c)(1) of
    title 19, United States Code, for a term of 2 years and may be
    reappointed for any number of terms. Appointments to the
    Committee shall be made without regard to political
    affiliation. Any member may be removed at the discretion of the
    Trade Representative.
        Sec. 3. Functions. (a) The Committee shall provide the
    Trade Representative with policy advice on issues involving
    trade and the environment.
        (b) The Committee shall submit a report to the President,
    to the Congress, and to the Trade Representative at the
    conclusion of negotiations for each trade agreement referred to
    in section 102 of the Act. The report shall include an advisory
    opinion on whether and to what extent the agreement promotes
    the interests of the United States.
        (c) The Committee may establish such subcommittees of its
    members as it deems necessary, subject to the provisions of the
    Federal Advisory Committee Act and the approval of the Trade
    Representative, or his designee.
        (d) The Committee shall report its activities to the Trade
    Representative, or his designee.
        Sec. 4. Administration. (a) The Trade Representative, or
    his designee, with the advice of the Chairman, shall be
    responsible for prior approval of the agendas for all Committee
    meetings.
        (b) The Trade Representative, or his designee, shall be
    responsible for determinations, filings, and other
    administrative requirements of the Federal Advisory Committee
    Act.
        (c)(1) The Trade Representative shall provide funding and
    administrative and staff support for the Committee.
        (2) The Committee shall have an Executive Director who
    shall be a Federal officer or employee designated by the Trade
    Representative.
        (d) Members of the Committee shall serve without either
    compensation or reimbursement of expenses.
        (e) The Committee shall meet as needed at the call of the
    Trade Representative or his designee, depending on various
    factors such as the level of activity of trade negotiations and
    the needs of the Trade Representative, or at the call of two-
    thirds of the members of the Committee.
        Sec. 5. General. The Committee shall function for such
    period as may be necessary. In accordance with the Federal
    Advisory Committee Act, the Committee shall terminate after 2
    years from the date of this order unless otherwise extended.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 1(o) of Executive Order 12974 (September 29, 1995; 60 F.R.
    51875) extended this Committee until September 30, 1997. The Committee
    was further extended until September 30, 1999, by sec. 1(o) of
    Executive Order 13062 (Sept. 29, 1997; 62 F.R. 51755); until September
    30, 2003 by Executive Order 13225 (September 28, 2001; 66 F.R. 50291;
    until September 30, 2005 by Executive Order 13316 (September 17, 2003;
    68 F.R. 55255); and until September 30, 2007 by Executive Order 13385
    (September 29, 2005; 70 F.R. 57989).
     (30) Identification of Trade Expansion Priorities and Discriminatory
                             Procurement Practices

     Executive Order 13116, March 31, 1999, 64 F.R. 16333, 19 U.S.C. 2420
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including title III of the Act of March 3, 1993, as amended (41
    U.S.C. 10d), sections 141 and 301-310 of the Trade Act of 1974,
    as amended (the Act) (19 U.S.C. 2171, 2411-2420), title III of
    the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-
    2518), and section 301 of title 3, United States Code, and to
    ensure that the trade policies of the United States advance, to
    the greatest extent possible, the export of the products and
    services of the United States and that trade policy resources
    are used efficiently, it is hereby ordered as follows:

              PART I: IDENTIFICATION OF TRADE EXPANSION PRIORITIES

        Section 1. Identification and Annual Report. (a) Within 30
    days of the submission of the National Trade Estimate Report
    required by section 181(b) of the Act (19 U.S.C. 2241(b)) for
    1999, 2000, and 2001, the United States Trade Representative
    (Trade Representative) shall review United States trade
    expansion priorities and identify priority foreign country
    practices, the elimination of which is likely to have the most
    significant potential to increase United States exports, either
    directly or through the establishment of a beneficial
    precedent. The Trade Representative shall submit to the
    Committee on Finance of the Senate and the Committee on Ways
    and Means of the House of Representatives, and shall publish in
    the Federal Register, a report on the priority foreign country
    practices identified.
        (b) In identifying priority foreign country practices under
    paragraph (a) of this section, the Trade Representative shall
    take into account all relevant factors, including:
              (1) the major barriers and trade distorting practices
            described in the National Trade Estimate Report;
              (2) the trade agreements to which a foreign country
            is a party and its compliance with those agreements;
              (3) the medium-term and long-term implications of
            foreign government procurement plans; and
              (4) the international competitive position and export
            potential of United States products and services.
        (c) The Trade Representative may include in the report, if
    appropriate, a description of the foreign country practices
    that may in the future warrant identification as priority
    foreign country practices. The Trade Representative also may
    include a statement about other foreign country practices that
    were not identified because they are already being addressed by
    provisions of United States trade law, existing bilateral trade
    agreements, or in trade negotiations with other countries and
    progress is being made toward their elimination.
        Sec. 2. Resolution. Upon submission of the report required
    by paragraph (a) of section 1 of this part, the Trade
    Representative shall, with respect to any priority foreign
    country practice identified therein, engage the country
    concerned for the purpose of seeking a satisfactory resolution,
    for example, by obtaining compliance with a trade agreement or
    the elimination of the practice as quickly as possible, or, if
    this is not feasible, by providing for compensatory trade
    benefits.
        Sec. 3. Initiation of Investigations. Within 90 days of the
    submission of the report required by paragraph (a) of section 1
    of this part, the Trade Representative shall initiate under
    section 302(b)(1) of the Act (19 U.S.C. 2412(b)(1))
    investigations with respect to all of the priority foreign
    country practices identified, unless during the 90-day period
    the Trade Representative determines that a satisfactory
    resolution of the matter to be investigated has been achieved.

       PART II: IDENTIFICATION OF DISCRIMINATORY GOVERNMENT PROCUREMENT
                                   PRACTICES

        Section 1. Identification and Annual Report. (a) Within 30
    days of the submission of the National Trade Estimate Report
    for 1999, 2000, and 2001, the Trade Representative shall submit
    to the Committees on Finance and on Governmental Affairs of the
    Senate and the Committees on Ways and Means and Government
    Reform and Oversight of the House of Representatives, and shall
    publish in the Federal Register, a report on the extent to
    which foreign countries discriminate against U.S. products or
    services in making government procurements.
        (b) In the report, the Trade Representative shall identify
    countries that:
              (1) are not in compliance with their obligations
            under the World Trade Organization Agreement on
            Government Procurement (the GPA), Chapter 10 of the
            North American Free Trade Agreement (NAFTA), or other
            agreements relating to government procurement
            (procurement agreements) to which that country and the
            United States are parties; or
              (2) maintain, in government procurement, a
            significant and persistent pattern or practice of
            discrimination against U.S. products or services that
            results in identifiable harm to U.S. businesses and
            whose products or services are acquired in significant
            amounts by the United States Government.
        Sec. 2. Considerations in Making Identifications. In making
    the identifications required by section 1 of this part, the
    Trade Representative shall: (a) consider the requirements of
    the GPA, NAFTA, or other procurement agreements, government
    procurement practices, and the effects of such practices on
    U.S. businesses as a basis for evaluating whether the
    procurement practices of foreign governments do not provide
    fair market opportunities for U.S. products or services;
        (b) take into account, among other factors, whether and to
    what extent countries that are parties to the GPA, NAFTA, or
    other procurement agreements, and other countries described in
    section 1 of this part:
              (1) use sole-sourcing or otherwise noncompetitive
            procedures for procurement that could have been
            conducted using competitive procedures;
              (2) conduct what normally would have been one
            procurement as two or more procurements, to decrease
            the anticipated contract values below the value
            threshold of the GPA, NAFTA, or other procurement
            agreements, or to make the procurement less attractive
            to U.S. businesses;
              (3) announce procurement opportunities with
            inadequate time intervals for U.S. businesses to submit
            bids; and
              (4) use specifications in such a way as to limit the
            ability of U.S. suppliers to participate in
            procurements; and
        (c) consider information included in the National Trade
    Estimate Report, and any other additional criteria deemed
    appropriate, including, to the extent such information is
    available, the failure to apply transparent and competitive
    procedures or maintain and enforce effective prohibitions on
    bribery and other corrupt practices in connection with
    government procurement.
        Sec. 3. Impact of Noncompliance and Denial of Comparable
    Treatment. The Trade Representative shall take into account, in
    identifying countries in the annual report and in any action
    required by this part, the relative impact of any noncompliance
    with the GPA, NAFTA, or other procurement agreements, or of
    other discrimination on U.S. commerce, and the extent to which
    such noncompliance or discrimination has impeded the ability of
    U.S. suppliers to participate in procurements on terms
    comparable to those available to suppliers of the country in
    question when seeking to sell goods or services to the United
    States Government.
        Sec. 4. Resolution. Upon submission of the report required
    by section 1 of this part, the Trade Representative shall
    engage any country identified therein for the purpose of
    seeking a satisfactory resolution, for example, by obtaining
    compliance with the GPA, NAFTA, or other procurement agreements
    or the elimination of the discriminatory procurement practices
    as quickly as possible, or, if this is not feasible, by
    providing for compensatory trade benefits.
        Sec. 5. Initiation of Investigations. (a) Within 90 days of
    the submission of the report required by section 1 of this
    part, the Trade Representative shall initiate under section
    302(b)(1) of the Act (19 U.S.C. 2412(b)(1)) investigations with
    respect to any practice that:
              (1) was the basis for the identification of a country
            under section 1; and
              (2) is not at that time the subject of any other
            investigation or action under title III, chapter 1, of
            the Act, unless during the 90-day period the Trade
            Representative determines that a satisfactory
            resolution of the matter to be investigated has been
            achieved.
        (b) For investigations initiated under paragraph (a) of
    this section (other than an investigation involving the GPA or
    NAFTA), the Trade Representative shall apply the time limits
    and procedures in section 304(a)(3) of the Act (19 U.S.C.
    2414(a)(3)). The time limits in subsection 304(a)(3)(B) of the
    Act (19 U.S.C. 2414(a)(3)(B)) shall apply if the Trade
    Representative determines that:
              (1) complex or complicated issues are involved in the
            investigation that require additional time;
              (2) the foreign country involved in the investigation
            is making substantial progress in drafting or
            implementing legislative or administrative measures
            that will end the discriminatory procurement practice;
            or
              (3) such foreign country is undertaking enforcement
            measures to end the discriminatory procurement
            practice.

                              PART III: DIRECTION

        Section 1. Presidential Direction. The authorities
    delegated pursuant to this order shall be exercised subject to
    any subsequent direction by the President in a particular
    matter.
        Sec. 2. Consultations and Advice. In developing the annual
    reports required by part I and part II of this order, the Trade
    Representative shall consult with executive agencies and seek
    information and advice from U.S. businesses in the United
    States and in the countries involved in the practices under
    consideration.
       (31) Prohibition of Acquisition of Products Produced by Forced or
                             Indentured Child Labor

      Executive Order 13126, June 12, 1999, 64 F.R. 32383, 19 U.S.C. 1307
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to continue the executive branch's commitment to
    fighting abusive child labor practices, it is hereby ordered as
    follows:
        Section. 1. Policy. It shall be the policy of the United
    States Government, consistent with the Tariff Act of 1930, 19
    U.S.C. 1307, the Fair Labor Standards Act, 29 U.S.C. 201 et.
    seq., and the Walsh-Healey Public Contracts Act, 41 U.S.C. 35
    et seq., the executive agencies shall take appropriate actions
    to enforce the laws prohibiting the manufacture or importation
    of goods, wares, articles, and merchandise mined, produced, or
    manufactured wholly or in part by forced or indentured child
    labor.
        Sec. 2. Publication of List. Within 120 days after the date
    of this order, the Department of Labor, in consultation and
    cooperation with the Department of the Treasury and the
    Department of State, shall publish in the Federal Register a
    list of products, identified by their country of origin, that
    those Departments have a reasonable basis to believe might have
    been mined, produced, or manufactured by forced or indentured
    child labor. The Department of Labor may conduct hearings to
    assist in the identification of those products.
        Sec. 3. Procurement Regulations. Within 120 days after the
    date of this order, the Federal Acquisition Regulatory Council
    shall issue proposed rules to implement the following:
        (a) Required Solicitation Provisions. Each solicitation of
    offers for a contract for the procurement of a product included
    on the list published under section 2 of this order shall
    include the following provisions:
              (1) A provision that requires the contractor to
            certify to the contracting officer that the contractor
            or, in the case of an incorporated contractor, a
            responsible official of the contractor has made a good
            faith effort to determine whether forced or indentured
            child labor was used to mine, produce, or manufacture
            any product furnished under the contract and that, on
            the basis of those efforts, the contractor is unaware
            of any such use of child labor; and
              (2) A provision that obligates the contractor to
            cooperate fully in providing reasonable access to the
            contractor's records, documents, persons, or premises
            if reasonably requested by authorized officials of the
            contracting agency, the Department of the Treasury, or
            the Department of Justice, for the purpose of
            determining whether forced or indentured child labor
            was used to mine, produce, or manufacture any product
            furnished under the contract.
        (b) Investigations. Whenever a contracting officer of an
    executive agency has reason to believe that forced or
    indentured child labor was used to mine, produce, or
    manufacture a product furnished pursuant to a contract subject
    to the requirements of subsection 3(a) of this order, the head
    of the executive agency shall refer the matter for
    investigation to the Inspector General of the executive agency
    and, as the head of the executive agency or the Inspector
    General determines appropriate, to the Attorney General and the
    Secretary of the Treasury.
        (c) Remedies.
              (1) The head of an executive agency may impose
            remedies as provided in this subsection in the case of
            a contractor under a contract of the executive agency
            if the head of the executive agency finds that the
            contractor:
                      (i) Has furnished under the contract products
                    that have been mined, produced, or manufactured
                    by forced or indentured child labor or uses
                    forced or indentured child labor in the mining,
                    production, or manufacturing operations of the
                    contractor;
                      (ii) Has submitted a false certification
                    under subsection 3(a)(1) of this order; or
                      (iii) Has failed to cooperate in accordance
                    with the obligation imposed pursuant to
                    subsection 3(a)(2) of this order.
              (2) The head of an executive agency, in his or her
            sole discretion, may terminate a contract on the basis
            of any finding described in subsection 3(c)(1) of this
            order for any contract entered into after the date the
            regulation called for in section 3 of this order is
            published in final.
              (3) The head of an executive agency may debar or
            suspend a contractor from eligibility for Federal
            contracts on the basis of a finding that the contractor
            has engaged in an act described in subsection 3(c)(1)
            of this order. The provision for debarment may not
            exceed 3 years.
              (4) The Administrator of General Services shall
            include on the List of Parties Excluded from Federal
            Procurement and Nonprocurement Programs (maintained by
            the Administrator as described in the Federal
            Acquisition Regulation) each party that is debarred,
            suspended, proposed for debarment or suspension, or
            declared ineligible by the head of an agency on the
            basis that the person has engaged in an act described
            in subsection 3(c)(1) of this order.
              (5) This section shall not be construed to limit the
            use of other remedies available to the head of an
            executive agency or any other official of the Federal
            Government on the basis of a finding described in
            subsection 3(c)(1) of this order.
        Sec. 4. Report. Within 2 years after implementation of any
    final rule under this order, the Administrator of General
    Services, with the assistance of other executive agencies,
    shall submit to the Office of Management and Budget a report on
    the actions taken pursuant to this order.
        Sec. 5. Scope. (a) Any proposed rules issued pursuant to
    section 3 of this order shall apply only to acquisitions for a
    total amount in excess of the micro-purchase threshold as
    defined in section 32(f) of the Office of Federal Procurement
    Policy Act (41 U.S.C. 428(f)).
        (b) This order does not apply to a contract that is for the
    procurement of any product, or any article, material, or supply
    contained in a product that is mined, produced, or manufactured
    in any foreign country if:
              (1) the foreign country is a party to the Agreement
            on Government Procurement annexed to the WTO Agreement
            or a party to the North American Free Trade Agreement
            (``NAFTA''); and
              (2) the contract is of a value that is equal to or
            greater than the United States threshold specified in
            the Agreement on Government Procurement annexed to the
            WTO Agreement or NAFTA, whichever is applicable.
        Sec. 6. Definitions. (a) ``Executive agency'' and
    ``agency'' have the meaning given to ``executive agency'' in
    section 4(1) of the Office of Federal Procurement Policy Act
    (41 U.S.C. 403(1)).
        (b) ``WTO Agreement'' means the Agreement Establishing the
    World Trade Organization, entered into on April 15, 1994.
        (c) ``Forced or indentured child labor'' means all work or
    service (1) exacted from any person under the age of 18 under
    the menace of any penalty for its nonperformance and for which
    the worker does not offer himself voluntarily; or (2) performed
    by any person under the age of 18 pursuant to a contract the
    enforcement of which can be accomplished by process or
    penalties.
        Sec. 7. Judicial Review. This order is intended only to
    improve the internal management of the executive branch and
    does not create any rights or benefits, substantive or
    procedural, enforceable by law by a party against the United
    States, its agencies, its officers, or any other person.
                 (32) Environmental Review of Trade Agreements

    Executive Order 13141, November 15, 1999, 64 F.R. 63167, 19 U.S.C. 2112
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to further the environmental and trade policy goals of
    the United States, it is hereby ordered as follows:
        Section 1. Policy. The United States is committed to a
    policy of careful assessment and consideration of the
    environmental impacts of trade agreements. The United States
    will factor environmental considerations into the development
    of its trade negotiating objectives. Responsible agencies will
    accomplish these goals through a process of ongoing assessment
    and evaluation, and, in certain instances, written
    environmental reviews.
        Sec. 2. Purpose and Need. Trade agreements should
    contribute to the broader goal of sustainable development.
    Environmental reviews are an important tool to help identify
    potential environmental effects of trade agreements, both
    positive and negative, and to help facilitate consideration of
    appropriate responses to those effects whether in the course of
    negotiations, through other means, or both.
        Sec. 3. (a) Implementation. The United States Trade
    Representative (Trade Representative) and the Chair of the
    Council on Environmental Quality shall oversee the
    implementation of this order, including the development of
    procedures pursuant to this order, in consultation with
    appropriate foreign policy, environmental, and economic
    agencies.
        (b) Conduct of Environmental Reviews. The Trade
    Representative, through the interagency Trade Policy Staff
    Committee (TPSC), shall conduct the environmental reviews of
    the agreements under section 4 of this order.
        Sec. 4. Trade Agreements.
              (a) Certain agreements that the United States may
            negotiate shall require an environmental review. These
            include:
                      (i) comprehensive multilateral trade rounds;
                      (ii) bilateral or plurilateral free trade
                    agreements; and major new trade liberalization
                    agreements in natural resource sectors.
              (b) Agreements reached in connection with enforcement
            and dispute resolution actions are not covered by this
            order.
              (c) For trade agreements not covered under
            subsections 4(a) and (b), environmental reviews will
            generally not be required. Most sectoral liberalization
            agreements will not require an environmental review the
            Trade Representative, through the TPSC, shall determine
            whether an environmental review of an agreement or
            category of agreements is warranted based on such
            factors as the significance of reasonably foreseeable
            environmental impacts.
        Sec. 5. Environmental Reviews.
              (a) Environmental reviews shall be:
                      (i) written;
                      (ii) initiated through a Federal Register
                    notice, outlining the proposed agreement and
                    soliciting public comment and information on
                    the scope of the environmental review of the
                    agreement;
                      (iii) undertaken sufficiently early in the
                    process to inform the development of
                    negotiating positions, but shall not be a
                    condition for the timely tabling of particular
                    negotiating proposals;
                      (iv) made available in draft form for public
                    comment, where practicable; and
                      (v) made available to the public in final
                    form.
              (b) As a general matter, the focus of environmental
            reviews will be impacts in the United States. As
            appropriate and prudent, reviews may also examine
            global and transboundary impacts.
        Sec. 6. Resources. Upon request by the Trade
    Representative, with the concurrence of the Deputy Director for
    Management of the Office of Management and Budget, Federal
    agencies shall, to the extent permitted by law and subject to
    the availability of appropriations, provide analytical and
    financial resources and support, including the detail of
    appropriate personnel, to the Office of the United States Trade
    Representative to carry out the provisions of this order.
        Sec. 7. General Provisions. This order is intended only to
    improve the internal management of the executive branch and
    does not create any right, benefit, trust, or responsibility,
    substantive or procedural, enforceable at law or equity by a
    party against the United States, its agencies, its officers, or
    any person.
        (33) Access to HIV/AIDS Pharmaceuticals and Medical Technologies

    Executive Order 13155, May 10, 2000, 64 F.R. 30521, 19 U.S.C. 2411 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including sections 141 and chapter 1 of title III of the Trade
    Act of 1974, as amended (19 U.S.C. 2171, 241-2420), section 307
    of the Public Health Service Act (42 U.S.C. 2421), and section
    104 of the Foreign Assistance Act of 1961, as amended (22
    U.S.C. 2151b), and in accordance with executive branch policy
    on health-related intellectual property matters to promote
    access to essential medicines, it is hereby ordered as follows:
        Section 1. Policy. (a) In administering sections 301-310 of
    the Trade Act of 1974, the United States shall not seek,
    through negotiation or otherwise, the revocation or revision of
    any intellectual property law or policy of a beneficiary sub-
    Saharan African country, as determined by the President, that
    regulates HIV/AIDS pharmaceuticals or medical technologies if
    the law or policy of the country:
              (1) promotes access to HIV/AIDS pharmaceuticals or
            medical technologies for affected populations in that
            country; and
              (2) provides adequate and effective intellectual
            property protection consistent with the Agreement on
            Trade-Related Aspects of Intellectual Property Rights
            (TRIPS Agreement) referred to in section 101(d)(15) of
            the Uruguay Round Agreements Act (19 U.S.C.
            3511(d)(15)).
        (b) The United States shall encourage all beneficiary sub-
    Saharan African countries to implement policies designed to
    address the underlying causes of the HIV/AIDS crisis by, among
    other things, making efforts to encourage practices that will
    prevent further transmission and infection and to stimulate
    development of the infrastructure necessary to deliver adequate
    health services, and by encouraging policies that provide an
    incentive for public and private research on, and development
    of, vaccines and other medical innovations that will combat the
    HIV/AIDS epidemic in Africa.
        Sec. 2. Rationale: (a) This order finds that:
              (1) since the onset of the worldwide HIV/AIDS
            epidemic, approximately 34 million people living in
            sub-Saharan Africa have been infected with the disease;
              (2) of those infected, approximately 11.5 million
            have died;
              (3) the deaths represent 83 percent of the total HIV/
            AIDS-related deaths worldwide; and
              (4) access to effective therapeutics for HIV/AIDS is
            determined by issues of price, health system
            infrastructure for delivery, and sustainable financing.
        (b) In light of these findings, this order recognizes that:
              (1) it is in the interest of the United States to
            take all reasonable steps to prevent further spread of
            infectious disease, particularly HIV/AIDS;
              (2) there is critical need for effective incentives
            to develop new pharmaceuticals, vaccines, and therapies
            to combat the HIV/AIDS crisis, including effective
            global intellectual property standards designed to
            foster pharmaceutical and medical innovation;
              (3) the overriding priority for responding to the
            crisis of HIV/AIDS in sub-Saharan Africa should be to
            improve public education and to encourage practices
            that will prevent further transmission and infection,
            and to stimulate development of the infrastructure
            necessary to deliver adequate health care services;
              (4) the United States should work with individual
            countries in sub-Saharan Africa to assist them in
            development of effective public education campaigns
            aimed at the prevention of HIV/AIDS transmission and
            infection, and to improve their health care
            infrastructure to promote improved access to quality
            health care for their citizens in general, and
            particularly with respect to the HIV/AIDS epidemic;
              (5) an effective United States response to the crisis
            in sub-Saharan Africa must focus in the short term on
            preventive programs designed to reduce the frequency of
            new infections and remove the stigma of the disease,
            and should place a priority on basic health services
            that can be used to treat opportunistic infections,
            sexually transmitted infections, and complications
            associated with HIV/AIDS so as to prolong the duration
            and improve the quality of life of those with the
            disease;
              (6) an effective United States response to the crisis
            must also focus on the development of HIV/AIDS vaccines
            to prevent the spread of the disease;
              (7) the innovative capacity of the United States in
            the commercial and public pharmaceutical research
            sectors is unmatched in the world, and the
            participation of both these sectors will be a critical
            element in any successful program to respond to the
            HIV/AIDS crisis in sub-Saharan Africa;
              (8) the TRIPS Agreement recognizes the importance of
            promoting effective and adequate protection of
            intellectual property rights and the right of countries
            to adopt measures necessary to protect public health;
              (9) individual countries should have the ability to
            take measures to address the HIV/AIDS epidemic,
            provided that such measures are consistent with their
            international obligations; and
              (10) successful initiatives will require effective
            partnerships and cooperation among governments,
            international organizations, nongovernmental
            organizations, and the private sector, and greater
            consideration should be given to financial, legal, and
            other incentives that will promote improved prevention
            and treatment actions.
        Sec. 3. Scope. (a) This order prohibits the United States
    Government from taking action pursuant to section 301(b) of the
    Trade Act of 1974 with respect to any law or policy in
    beneficiary sub-Saharan African countries that promotes access
    to HIV/AIDS pharmaceuticals or medical technologies and that
    provides adequate and effective intellectual property
    protection consistent with the TRIPS Agreement. However, this
    order does not prohibit United States Government officials from
    evaluating, determining, or expressing concern about whether
    such a law or policy promotes access to HIV/AIDS
    pharmaceuticals or medical technologies or provides adequate
    and effective intellectual property protection consistent with
    the TRIPS Agreement. In addition, this order does not prohibit
    United States Government officials from consulting with or
    otherwise discussing with sub-Saharan African governments
    whether such law or policy meets the conditions set forth in
    section 1(a) of this order. Moreover, this order does not
    prohibit the United States Government from invoking the dispute
    settlement procedures of the World Trade Organization to
    examine whether any such law or policy is consistent with the
    Uruguay Round Agreements, referred to in section 101(d) of the
    Uruguay Round Agreements Act.
        (b) This order is intended only to improve the internal
    management of the executive branch and is not intended to, and
    does not create, any right or benefit, substantive or
    procedural, enforceable at law or equity by a party against the
    United States, its agencies or instrumentalities, its officers
    or employees, or any other person.
        (34) Federal Leadership on Global Tobacco Control and Prevention

     Executive Order 13193, January 18, 2001, 66 F.R. 7387, 22 U.S.C. 2101
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, it
    is hereby ordered as follows:
        Section 1. Policy. It shall be the policy of the executive
    branch to take strong action to address the potential global
    epidemic of diseases caused by tobacco use. The executive
    branch shall undertake activities to increase its capacity to
    address global tobacco prevention and control issues through
    coordinated domestic action, limited bilateral assistance to
    individual nations, and support to multilateral organizations.
    International activities shall be directed towards deterring
    children from tobacco use, protecting nonsmokers, and providing
    information about the adverse health effects of tobacco use and
    the health benefits of cessation.
        Sec. 2. Responsibilities of Federal Departments and
    Agencies. (a) Tobacco Trade Policy. In the implementation of
    international trade policy, executive departments and agencies
    shall not promote the sale or export of tobacco or tobacco
    products, or seek the reduction or removal of foreign
    government restrictions on the marketing and advertising of
    such products, provided that such restrictions are applied
    equally to all tobacco or tobacco products of the same type.
    Departments and agencies are not precluded from taking
    necessary actions in accordance with the requirements and
    remedies available under applicable United States trade laws
    and international agreements to ensure nondiscriminatory
    treatment of United States products. Nothing in this Executive
    Order shall be construed (1) to modify the annual executive
    branch guidance to United States diplomatic posts on health,
    trade, and commercial aspects of tobacco, or (2) to affect any
    negotiating position of the United States on the Framework
    Convention on Tobacco Control.
        (b) The Department of Health and Human Services' (HHS) Role
    in Tobacco Trade Policy Deliberations. The HHS shall be
    included in all deliberations of interagency working groups,
    chaired by the United States Trade Representative (USTR), that
    address issues relating to trade in tobacco and tobacco
    products. Through such participation, HHS shall advise the
    USTR, and other interested Federal agencies, of the potential
    public health impact of any tobacco-related trade action that
    is under consideration. Upon conclusion of a trade agreement
    that includes provisions specifically addressing tobacco or
    tobacco products, the USTR shall produce and make publicly
    available a summary describing those provisions.
        (c) International Tobacco Control Needs Assessment. The
    HHS, with the cooperation of the Departments of State,
    Commerce, and Agriculture, and in consultation with the
    appropriate national Ministry of Health, shall conduct a pilot
    assessment of tobacco use in a country other than the United
    States. Such assessment will be carried out through a
    compilation and review of surveys and other needs assessments
    already available and include:
              (1) initial estimates of the burden of disease and
            other public health consequences of tobacco use;
              (2) the status of tobacco control regulatory measures
            in place to curtail tobacco consumption and tobacco
            related disease; and
              (3) an analysis of the marketing, distribution, and
            manufacturing practices of tobacco companies in given
            regions, and the impact of those practices on smoking
            rates, particularly among women and children. Such
            assessment shall be prepared and provided to interested
            agencies and other parties not later than December 31,
            2001, and be updated as practicable.
        (d) Research and Training in Tobacco Control. The HHS will
    develop a research and training program linking institutions in
    the United States and certain other countries in the field of
    tobacco control. Emphasis will be placed on the collection of
    standardized and comparable surveillance data; networks for
    communication, information and best practices; and the
    development and evaluation of culturally-targeted approaches to
    preventing tobacco use and increasing quit rates, especially
    among women and children.
        Sec. 3. General. (a) Executive departments and agencies
    shall carry out the provisions of this order to the extent
    permitted by law and consistent with their statutory and
    regulatory authorities and their enforcement mechanisms.
        (b) This order clarifies and strengthens Administration
    policy and does not create any right or benefit, substantive or
    procedural, enforceable at law by a party against the United
    States, its officers or employees, or any other person.
          b. U.S. Trade With Canada, Latin America, and the Caribbean

        (1) Dominican Republic-Central America-United States Free Trade
                          Agreement Implementation Act

    Partial text of Public Law 109-53 [H.R. 3045], 119 Stat. 462, approved
                                 August 2, 2005

       AN ACT To implement the Dominican Republic-Central America-United
                          States Free Trade Agreement.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

      (a) Short Title.\1\ --This Act may be cited as the
    ``Dominican Republic-Central America-United States Free Trade
    Agreement Implementation Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 4001 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--* * *

    SEC. 2.\2\ PURPOSES.
    ---------------------------------------------------------------------------

        \2\ 19 U.S.C. 4001.
    ---------------------------------------------------------------------------
      The purposes of this Act are--
              (1) to approve and implement the Free Trade Agreement
            between the United States, Costa Rica, the Dominican
            Republic, El Salvador, Guatemala, Honduras, and
            Nicaragua entered into under the authority of section
            2103(b) of the Bipartisan Trade Promotion Authority Act
            of 2002 (19 U.S.C. 3803(b));
              (2) to strengthen and develop economic relations
            between the United States, Costa Rica, the Dominican
            Republic, El Salvador, Guatemala, Honduras, and
            Nicaragua for their mutual benefit;
              (3) to establish free trade between the United
            States, Costa Rica, the Dominican Republic, El
            Salvador, Guatemala, Honduras, and Nicaragua through
            the reduction and elimination of barriers to trade in
            goods and services and to investment; and
              (4) to lay the foundation for further cooperation to
            expand and enhance the benefits of the Agreement.

    SEC. 3.\3\ DEFINITIONS.
    ---------------------------------------------------------------------------

        \3\ 19 U.S.C. 4002.
    ---------------------------------------------------------------------------
      In this Act:
              (1) Agreement.--The term ``Agreement'' means the
            Dominican Republic-Central America-United States Free
            Trade Agreement approved by the Congress under section
            101(a)(1).
              (2) CAFTA-DR country.--Except as provided in section
            203, the term ``CAFTA-DR country'' means--
                      (A) Costa Rica, for such time as the
                    Agreement is in force between the United States
                    and Costa Rica;
                      (B) the Dominican Republic, for such time as
                    the Agreement is in force between the United
                    States and the Dominican Republic;
                      (C) El Salvador, for such time as the
                    Agreement is in force between the United States
                    and El Salvador;
                      (D) Guatemala, for such time as the Agreement
                    is in force between the United States and
                    Guatemala;
                      (E) Honduras, for such time as the Agreement
                    is in force between the United States and
                    Honduras; and
                      (F) Nicaragua, for such time as the Agreement
                    is in force between the United States and
                    Nicaragua.
              (3) Commission.--The term ``Commission'' means the
            United States International Trade Commission.
              (4) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.
              (5) Textile or apparel good.--The term ``textile or
            apparel good'' means a good listed in the Annex to the
            Agreement on Textiles and Clothing referred to in
            section 101(d)(4) of the Uruguay Round Agreements Act
            (19 U.S.C. 3511(d)(4)), other than a good listed in
            Annex 3.29 of the Agreement.

    TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

    SEC. 101.\4\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
    ---------------------------------------------------------------------------

        \4\ 19 U.S.C. 4011.
    ---------------------------------------------------------------------------
      (a) Approval of Agreement and Statement of Administrative
    Action.--Pursuant to section 2105 of the Bipartisan Trade
    Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
    151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress
    approves--
              (1) the Dominican Republic-Central America-United
            States Free Trade Agreement entered into on August 5,
            2004, with the Governments of Costa Rica, the Dominican
            Republic, El Salvador, Guatemala, Honduras, and
            Nicaragua, and submitted to the Congress on June 23,
            2005; and
              (2) the statement of administrative action proposed
            to implement the Agreement that was submitted to the
            Congress on June 23, 2005.
      (b) Conditions for Entry Into Force of the Agreement.--At
    such time as the President determines that countries listed in
    subsection (a)(1) have taken measures necessary to comply with
    the provisions of the Agreement that are to take effect on the
    date on which the Agreement enters into force, the President is
    authorized to provide for the Agreement to enter into force
    with respect to those countries that provide for the Agreement
    to enter into force for them.

    SEC. 102.\5\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
                        LAW.
    ---------------------------------------------------------------------------

        \5\ 19 U.S.C. 4012.
    ---------------------------------------------------------------------------
      (a) Relationship of Agreement to United States Law.--
              (1) United states law to prevail in conflict.--No
            provision of the Agreement, nor the application of any
            such provision to any person or circumstance, which is
            inconsistent with any law of the United States shall
            have effect.
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States, or
                      (B) to limit any authority conferred under
                    any law of the United States,
            unless specifically provided for in this Act.
      (b) Relationship of Agreement to State Law.--
              (1) Legal challenge.--No State law, or the
            application thereof, may be declared invalid as to any
            person or circumstance on the ground that the provision
            or application is inconsistent with the Agreement,
            except in an action brought by the United States for
            the purpose of declaring such law or application
            invalid.
              (2) Definition of state law.--For purposes of this
            subsection, the term ``State law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
      (c) Effect of Agreement With Respect to Private Remedies.--No
    person other than the United States--
              (1) shall have any cause of action or defense under
            the Agreement or by virtue of congressional approval
            thereof; or
              (2) may challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State, on the ground that such action or inaction
            is inconsistent with the Agreement.

    SEC. 103.\6\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
                        AND INITIAL REGULATIONS.
    ---------------------------------------------------------------------------

        \6\ 19 U.S.C. 4013.
    ---------------------------------------------------------------------------
      (a) Implementing Actions.--
              (1) Proclamation authority.--After the date of the
            enactment of this Act--
                      (A) the President may proclaim such actions,
                    and
                      (B) other appropriate officers of the United
                    States Government may issue such regulations,
            as may be necessary to ensure that any provision of
            this Act, or amendment made by this Act, that takes
            effect on the date the Agreement enters into force is
            appropriately implemented on such date, but no such
            proclamation or regulation may have an effective date
            earlier than the date the Agreement enters into force.
              (2) Effective date of certain proclaimed actions.--
            Any action proclaimed by the President under the
            authority of this Act that is not subject to the
            consultation and layover provisions under section 104
            may not take effect before the 15th day after the date
            on which the text of the proclamation is published in
            the Federal Register.
              (3) Waiver of 15-day restriction.--The 15-day
            restriction contained in paragraph (2) on the taking
            effect of proclaimed actions is waived to the extent
            that the application of such restriction would prevent
            the taking effect on the date the Agreement enters into
            force of any action proclaimed under this section.
      (b) Initial Regulations.--Initial regulations necessary or
    appropriate to carry out the actions required by or authorized
    under this Act or proposed in the statement of administrative
    action submitted under section 101(a)(2) to implement the
    Agreement shall, to the maximum extent feasible, be issued
    within 1 year after the date on which the Agreement enters into
    force. In the case of any implementing action that takes effect
    on a date after the date on which the Agreement enters into
    force, initial regulations to carry out that action shall, to
    the maximum extent feasible, be issued within 1 year after such
    effective date.

    SEC. 104.\7\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
                        DATE OF, PROCLAIMED ACTIONS.
    ---------------------------------------------------------------------------

        \7\ 19 U.S.C. 4014.
    ---------------------------------------------------------------------------
      If a provision of this Act provides that the implementation
    of an action by the President by proclamation is subject to the
    consultation and layover requirements of this section, such
    action may be proclaimed only if--
              (1) the President has obtained advice regarding the
            proposed action from--
                      (A) the appropriate advisory committees
                    established under section 135 of the Trade Act
                    of 1974 (19 U.S.C. 2155); and
                      (B) the Commission;
              (2) the President has submitted to the Committee on
            Finance of the Senate and the Committee on Ways and
            Means of the House of Representatives a report that
            sets forth--
                      (A) the action proposed to be proclaimed and
                    the reasons therefor; and
                      (B) the advice obtained under paragraph (1);
              (3) a period of 60 calendar days, beginning on the
            first day on which the requirements set forth in
            paragraphs (1) and (2) have been met has expired; and
              (4) the President has consulted with such Committees
            regarding the proposed action during the period
            referred to in paragraph (3).

    SEC. 105.\8\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
    ---------------------------------------------------------------------------

        \8\ 19 U.S.C. 4015.
    ---------------------------------------------------------------------------
      (a) Establishment or Designation of Office.--The President is
    authorized to establish or designate within the Department of
    Commerce an office that shall be responsible for providing
    administrative assistance to panels established under chapter
    20 of the Agreement. The office may not be considered to be an
    agency for purposes of section 552 of title 5, United States
    Code.
      (b) Authorization of Appropriations.--There are authorized to
    be appropriated for each fiscal year after fiscal year 2005 to
    the Department of Commerce such sums as may be necessary for
    the establishment and operations of the office established or
    designated under subsection (a) and for the payment of the
    United States share of the expenses of panels established under
    chapter 20 of the Agreement.

    SEC. 106.\9\ ARBITRATION OF CLAIMS.
    ---------------------------------------------------------------------------

        \9\ 19 U.S.C. 4016.
    ---------------------------------------------------------------------------
      The United States is authorized to resolve any claim against
    the United States covered by article 10.16.1(a)(i)(C) or
    article 10.16.1(b)(i)(C) of the Agreement, pursuant to the
    Investor-State Dispute Settlement procedures set forth in
    section B of chapter 10 of the Agreement.

    SEC. 107.\10\ EFFECTIVE DATES; EFFECT OF TERMINATION.
    ---------------------------------------------------------------------------

        \10\ 19 U.S.C. 4001 note.
    ---------------------------------------------------------------------------
      (a) Effective Dates.--Except as provided in subsection (b),
    the provisions of this Act and the amendments made by this Act
    take effect on the date the Agreement enters into force.
      (b) Exceptions.--Sections 1 through 3 and this title take
    effect on the date of the enactment of this Act.
      (c) Termination of CAFTA-DR Status.--During any period in
    which a country ceases to be a CAFTA-DR country, the provisions
    of this Act (other than this subsection) and the amendments
    made by this Act shall cease to have effect with respect to
    that country.
      (d) Termination of the Agreement.--On the date on which the
    Agreement ceases to be in force with respect to the United
    States, the provisions of this Act (other than this subsection)
    and the amendments made by this Act shall cease to have effect.

                       TITLE II--CUSTOMS PROVISIONS \11\
    ---------------------------------------------------------------------------

        \11\ Freestanding provisions in this title are codified at 19
    U.S.C. 4031-4036.
    ---------------------------------------------------------------------------
              * * * * * * *

                      TITLE III--RELIEF FROM IMPORTS \12\
    ---------------------------------------------------------------------------

        \12\ Freestanding provisions in this title are codified at 19
    U.S.C. 4061-4101 (subtitle A--relief from imports benefiting from the
    agreement; subtitle B--textile and apparel safeguard measures; subtitle
    C--cases under title II of the Trade Act of 1974).
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE IV--MISCELLANEOUS \13\
    ---------------------------------------------------------------------------

        \12\ Except for sec. 403, title IV consists of amendments to other
    trade legislation.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 403.\14\ PERIODIC REPORTS AND MEETINGS ON LABOR OBLIGATIONS AND
                        LABOR CAPACITY-BUILDING PROVISIONS.
    ---------------------------------------------------------------------------

        \14\ 19 U.S.C. 4111.
    ---------------------------------------------------------------------------
      (a) Reports to Congress.--
              (1) In general.--Not later than the end of the 2-year
            period beginning on the date the Agreement enters into
            force, and not later than the end of each 2-year period
            thereafter during the succeeding 14-year period, the
            President shall report to the Congress on the progress
            made by the CAFTA-DR countries in--
                      (A) implementing Chapter Sixteen and Annex
                    16.5 of the Agreement; and
                      (B) implementing the White Paper.
              (2) White paper.--In this section, the term ``White
            Paper'' means the report of April 2005 of the Working
            Group of the Vice Ministers Responsible for Trade and
            Labor in the Countries of Central America and the
            Dominican Republic entitled ``The Labor Dimension in
            Central America and the Dominican Republic--Building on
            Progress: Strengthening Compliance and Enhancing
            Capacity''.
              (3) Contents of reports.--Each report under paragraph
            (1) shall include the following:
                      (A) A description of the progress made by the
                    Labor Cooperation and Capacity Building
                    Mechanism established by article 16.5 and Annex
                    16.5 of the Agreement, and the Labor Affairs
                    Council established by article 16.4 of the
                    Agreement, in achieving their stated goals,
                    including a description of the capacity-
                    building projects undertaken, funds received,
                    and results achieved, in each CAFTA-DR country.
                      (B) Recommendations on how the United States
                    can facilitate full implementation of the
                    recommendations contained in the White Paper.
                      (C) A description of the work done by the
                    CAFTA-DR countries with the International Labor
                    Organization to implement the recommendations
                    contained in the White Paper, and the efforts
                    of the CAFTA-DR countries with international
                    organizations, through the Labor Cooperation
                    and Capacity Building Mechanism referred to in
                    subparagraph (A), to advance common commitments
                    regarding labor matters.
                      (D) A summary of public comments received
                    on--
                              (i) capacity-building efforts by the
                            United States envisaged by article 16.5
                            and Annex 16.5 of the Agreement;
                              (ii) efforts by the United States to
                            facilitate full implementation of the
                            White Paper recommendations; and
                              (iii) the efforts made by the CAFTA-
                            DR countries to comply with article
                            16.5 and Annex 16.5 of the Agreement
                            and to fully implement the White Paper
                            recommendations, including the progress
                            made by the CAFTA-DR countries in
                            affording to workers internationally-
                            recognized worker rights through
                            improved capacity.
              (4) Solicitation of public comments.--The President
            shall establish a mechanism to solicit public comments
            for purposes of paragraph (3)(D).
      (b) Periodic Meetings of Secretary of Labor With Labor
    Ministers of CAFTA-DR Countries.--
              (1) Periodic meetings.--The Secretary of Labor should
            take the necessary steps to meet periodically with the
            labor ministers of the CAFTA-DR countries to discuss--
                      (A) the operation of the labor provisions of
                    the Agreement;
                      (B) progress on the commitments made by the
                    CAFTA-DR countries to implement the
                    recommendations contained in the White Paper;
                      (C) the work of the International Labor
                    Organization in the CAFTA-DR countries, and
                    other cooperative efforts, to afford to workers
                    internationally-recognized worker rights; and
                      (D) such other matters as the Secretary of
                    Labor and the labor ministers consider
                    appropriate.
              (2) Inclusion in biennial reports.--The President
            shall include in each report under subsection (a), as
            the President deems appropriate, summaries of the
            meetings held pursuant to paragraph (1).
        (2) United States-Chile Free Trade Agreement Implementation Act

    Partial text of Public Law 108-77 [H.R. 2738], 117 Stat. 909, approved
                               September 3, 2003

       AN ACT To implement the United States-Chile Free Trade Agreement.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

      (a) Short Title.\1\ --This Act may be cited as the ``United
    States-Chile Free Trade Agreement Implementation Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3805 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--* * *

    SEC. 2.\1\ PURPOSES.

      The purposes of this Act are--
              (1) to approve and implement the Free Trade Agreement
            between the United States and the Republic of Chile
            entered into under the authority of section 2103(b) of
            the Bipartisan Trade Promotion Authority Act of 2002;
              (2) to strengthen and develop economic relations
            between the United States and Chile for their mutual
            benefit;
              (3) to establish free trade between the 2 nations
            through the reduction and elimination of barriers to
            trade in goods and services and to investment; and
              (4) to lay the foundation for further cooperation to
            expand and enhance the benefits of such Agreement.

    SEC. 3.\1\ DEFINITIONS.

      In this Act:
              (1) Agreement.--The term ``Agreement'' means the
            United States-Chile Free Trade Agreement approved by
            the Congress under section 101(a)(1).
              (2) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.
              (3) Textile or apparel good.--The term ``textile or
            apparel good'' means a good listed in the Annex to the
            Agreement on Textiles and Clothing referred to in
            section 101(d)(4) of the Uruguay Round Agreements Act
            (19 U.S.C. 3511(d)(4)).

    TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

    SEC. 101.\1\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

      (a) Approval of Agreement and Statement of Administrative
    Action.--Pursuant to section 2105 of the Bipartisan Trade
    Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
    151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress
    approves--
              (1) the United States-Chile Free Trade Agreement
            entered into on June 6, 2003, with the Government of
            Chile and submitted to the Congress on July 15, 2003;
            and
              (2) the statement of administrative action proposed
            to implement the Agreement that was submitted to the
            Congress on July 15, 2003.
      (b) Conditions for Entry Into Force of the Agreement.--At
    such time as the President determines that Chile has taken
    measures necessary to bring it into compliance with the
    provisions of the Agreement that take effect on the date on
    which the Agreement enters into force, the President is
    authorized to exchange notes with the Government of Chile
    providing for the entry into force, on or after January 1,
    2004, of the Agreement for the United States.

    SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
                        LAW.

      (a) Relationship to United States Law.--
              (1) United states law to prevail in conflict.--No
            provision of the Agreement, nor the application of any
            such provision to any person or circumstance, which is
            inconsistent with any law of the United States shall
            have effect.
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States, or
                      (B) to limit any authority conferred under
                    any law of the United States,
            unless specifically provided for in this Act.
      (b) Relationship of Agreement to State Law.--
              (1) Legal challenge.--No State law, or the
            application thereof, may be declared invalid as to any
            person or circumstance on the ground that the provision
            or application is inconsistent with the Agreement,
            except in an action brought by the United States for
            the purpose of declaring such law or application
            invalid.
              (2) Definition of state law.--For purposes of this
            subsection, the term ``State law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
      (c) Effect of Agreement With Respect to Private Remedies.--No
    person other than the United States--
              (1) shall have any cause of action or defense under
            the Agreement or by virtue of Congressional approval
            thereof; or
              (2) may challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State on the ground that such action or inaction
            is inconsistent with the Agreement.

    SEC. 103.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
                        DATE OF, PROCLAIMED ACTIONS.

      (a) Consultation and Layover Requirements.--If a provision of
    this Act provides that the implementation of an action by the
    President by proclamation is subject to the consultation and
    layover requirements of this section, such action may be
    proclaimed only if--
              (1) the President has obtained advice regarding the
            proposed action from--
                      (A) the appropriate advisory committees
                    established under section 135 of the Trade Act
                    of 1974 (19 U.S.C. 2155); and
                      (B) the United States International Trade
                    Commission;
              (2) the President has submitted a report to the
            Committee on Ways and Means of the House of
            Representatives and the Committee on Finance of the
            Senate that sets forth--
                      (A) the action proposed to be proclaimed and
                    the reasons therefor; and
                      (B) the advice obtained under paragraph (1);
              (3) a period of 60 calendar days, beginning on the
            first day on which the requirements set forth in
            paragraphs (1) and (2) have been met has expired; and
              (4) the President has consulted with such Committees
            regarding the proposed action during the period
            referred to in paragraph (3).
      (b) Effective Date of Certain Proclaimed Actions.--Any action
    proclaimed by the President under the authority of this Act
    that is not subject to the consultation and layover provisions
    under subsection (a) may not take effect before the 15th day
    after the date on which the text of the proclamation is
    published in the Federal Register.

    SEC. 104.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
                        AND INITIAL REGULATIONS.

      (a) Implementing Actions.--
              (1) Proclamation authority.--After the date of
            enactment of this Act--
                      (A) the President may proclaim such actions,
                    and
                      (B) other appropriate officers of the United
                    States Government may issue such regulations,
            as may be necessary to ensure that any provision of
            this Act, or amendment made by this Act, that takes
            effect on the date the Agreement enters into force is
            appropriately implemented on such date, but no such
            proclamation or regulation may have an effective date
            earlier than the date of entry into force.
              (2) Waiver of 15-day restriction.--The 15-day
            restriction contained in section 103(b) on the taking
            effect of proclaimed actions is waived to the extent
            that the application of such restriction would prevent
            the taking effect on the date the Agreement enters into
            force of any action proclaimed under this section.
      (b) Initial Regulations.--Initial regulations necessary or
    appropriate to carry out the actions required by or authorized
    under this Act or proposed in the statement of administrative
    action referred to in section 101(a)(2) to implement the
    Agreement shall, to the maximum extent feasible, be issued
    within 1 year after the date of entry into force of the
    Agreement. In the case of any implementing action that takes
    effect on a date after the date of entry into force of the
    Agreement, initial regulations to carry out that action shall,
    to the maximum extent feasible, be issued within 1 year after
    such effective date.

    SEC. 105.\1\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

      (a) Establishment or Designation of Office.--The President is
    authorized to establish or designate within the Department of
    Commerce an office that shall be responsible for providing
    administrative assistance to panels established under chapter
    22 of the Agreement. The office may not be considered to be an
    agency for purposes of section 552 of title 5, United States
    Code.
      (b) Authorization of Appropriations.--There are authorized to
    be appropriated for each fiscal year after fiscal year 2003 to
    the Department of Commerce such sums as may be necessary for
    the establishment and operations of the office under subsection
    (a) and for the payment of the United States share of the
    expenses of panels established under chapter 22 of the
    Agreement.

    SEC. 106.\1\ ARBITRATION OF CLAIMS.

      (a) Submission of Certain Claims.--The United States is
    authorized to resolve any claim against the United States
    covered by article 10.15(1)(a)(i)(C) or 10.15(1)(b)(i)(C) of
    the Agreement, pursuant to the Investor-State Dispute
    Settlement procedures set forth in section B of chapter 10 of
    the Agreement.
      (b) Contract Clauses.--All contracts executed by any agency
    of the United States on or after the date of entry into force
    of the Agreement shall contain a clause specifying the law that
    will apply to resolve any breach of contract claim.

    SEC. 107.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.

      (a) Effective Dates.--Except as provided in subsection (b),
    the provisions of this Act and the amendments made by this Act
    take effect on the date the Agreement enters into force.
      (b) Exceptions.--Sections 1 through 3 and this title take
    effect on the date of the enactment of this Act.
      (c) Termination of the Agreement.--On the date on which the
    Agreement ceases to be in force, the provisions of this Act
    (other than this subsection) and the amendments made by this
    Act shall cease to be effective.

                        TITLE II--CUSTOMS PROVISIONS \2\
    ---------------------------------------------------------------------------

        \2\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE III--RELIEF FROM IMPORTS \3\
    ---------------------------------------------------------------------------

        \3\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note (subtitle A--relief from imports benefiting from the
    agreement; subtitle B--textile and apparel safeguard measures).
    ---------------------------------------------------------------------------
              * * * * * * *

               TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS \4\
    ---------------------------------------------------------------------------

        \4\ For the most part, title IV amends other legislation.
    ---------------------------------------------------------------------------
              * * * * * * *
              (3) Andean Trade Promotion and Drug Eradication Act

    Partial text of Public Law 107-210 [H.R. 3009], 116 Stat. 933, approved
    May 6, 2002; as amended by Public Law 108-429 [Miscellaneous Trade and
    Technical Corrections Act of 2004; H.R. 1047], 118 Stat. 2434, approved
                                December 3, 2004

     AN ACT To extend the Andean Trade Preference Act, to grant additional
             trade benefits under that Act, and for other purposes.

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

                    DIVISION C--ANDEAN TRADE PREFERENCE ACT

                      TITLE XXXI--ANDEAN TRADE PREFERENCE

    SEC. 3101. \1\ SHORT TITLE.

      This title may be cited as the ``Andean Trade Promotion and
    Drug Eradication Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3201 note.
    ---------------------------------------------------------------------------

    SEC. 3102.\1\ FINDINGS.

      Congress makes the following findings:
              (1) Since the Andean Trade Preference Act was enacted
            in 1991, it has had a positive impact on United States
            trade with Bolivia, Colombia, Ecuador, and Peru. Two-
            way trade has doubled, with the United States serving
            as the leading source of imports and leading export
            market for each of the Andean beneficiary countries.
            This has resulted in increased jobs and expanded export
            opportunities in both the United States and the Andean
            region.
              (2) The Andean Trade Preference Act has been a key
            element in the United States counternarcotics strategy
            in the Andean region, promoting export diversification
            and broad-based economic development that provides
            sustainable economic alternatives to drug-crop
            production, strengthening the legitimate economies of
            Andean countries and creating viable alternatives to
            illicit trade in coca.
              (3) Notwithstanding the success of the Andean Trade
            Preference Act, the Andean region remains threatened by
            political and economic instability and fragility,
            vulnerable to the consequences of the drug war and
            fierce global competition for its legitimate trade.
              (4) The continuing instability in the Andean region
            poses a threat to the security interests of the United
            States and the world. This problem has been partially
            addressed through foreign aid, such as Plan Colombia,
            enacted by Congress in 2000. However, foreign aid alone
            is not sufficient. Enhancement of legitimate trade with
            the United States provides an alternative means for
            reviving and stabilizing the economies in the Andean
            region.
              (5) The Andean Trade Preference Act constitutes a
            tangible commitment by the United States to the
            promotion of prosperity, stability, and democracy in
            the beneficiary countries.
              (6) Renewal and enhancement of the Andean Trade
            Preference Act will bolster the confidence of domestic
            private enterprise and foreign investors in the
            economic prospects of the region, ensuring that
            legitimate private enterprise can be the engine of
            economic development and political stability in the
            region.
              (7) Each of the Andean beneficiary countries is
            committed to conclude negotiation of a Free Trade Area
            of the Americas by the year 2005, as a means of
            enhancing the economic security of the region.
              (8) Temporarily enhancing trade benefits for Andean
            beneficiary countries will promote the growth of free
            enterprise and economic opportunity in these countries
            and serve the security interests of the United States,
            the region, and the world.

    SEC. 3103.\2\ ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT.
    ---------------------------------------------------------------------------

        \2\ Except for subsec. (d), sec. 3103 consists of amendments to the
    Andean Trade Preference Act (Public Law 102-182), which have been
    incorporated into that Act.
    ---------------------------------------------------------------------------
              * * * * * * *
      (d) \3\ Petitions for Review.--
              (1) In general.--Not later than 180 days after the
            date of the enactment of this Act, the President shall
            promulgate regulations regarding the review of
            eligibility of articles and countries under the Andean
            Trade Preference Act, consistent with section 203(e) of
            such Act, as amended by this title.
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 3202 note.
    ---------------------------------------------------------------------------
              (2) Content of regulations.--The regulations shall be
            similar to the regulations regarding eligibility under
            the generalized system of preferences under title V of
            the Trade Act of 1974 with respect to the timetable for
            reviews and content, and shall include procedures for
            requesting withdrawal, suspension, or limitations of
            preferential duty treatment under the Andean Trade
            Preference Act, conducting reviews of such requests,
            and implementing the results of the reviews.

    SEC. 3104. TERMINATION.

      (a) \4\ * * *
    ---------------------------------------------------------------------------
        \4\ Subsec. (a) amended sec. 208 of the Andean Trade Preference Act
    (Public Law 102-182) by terminating duty-free treatment or other
    preferential treatment extended under title II of that Act on December
    31, 2006.
    ---------------------------------------------------------------------------
      (b) \5\ Retroactive Application for Certain Liquidations and
    Reliquidations.--
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 3206 note.
    ---------------------------------------------------------------------------
              (1) In general.--Notwithstanding section 514 of the
            Tariff Act of 1930 or any other provision of law, and
            subject to paragraph (3), the entry--
                      (A) of any article to which duty-free
                    treatment (or preferential treatment) under the
                    Andean Trade Preference Act (19 U.S.C. 3201 et
                    seq.) would have applied if the entry had been
                    made on December 4, 2001, and
                      (B) that was made after December 4, 2001, and
                    before the date of the enactment of this Act,
            shall be liquidated or reliquidated as if such duty-
            free treatment (or preferential treatment) applied, and
            the Secretary of the Treasury shall refund any duty
            paid with respect to such entry.
              (2) Entry.--As used in this subsection, the term
            ``entry'' includes a withdrawal from warehouse for
            consumption.
              (3) Requests.--Liquidation or reliquidation may be
            made under paragraph (1) with respect to an entry only
            if a request therefor is filed with the Customs
            Service, within 180 days after the date of the
            enactment of this Act, that contains sufficient
            information to enable the Customs Service--
                      (A) to locate the entry; or
                      (B) to reconstruct the entry if it cannot be
                    located.

    SEC. 3105.\6\ REPORT ON FREE TRADE AGREEMENT WITH ISRAEL.
    ---------------------------------------------------------------------------

        \6\ For text of sec. 3105, see page 1127.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 3106.\7\ MODIFICATION OF DUTY TREATMENT FOR TUNA.
    ---------------------------------------------------------------------------

        \7\ Sec. 3106 amended subheading 1604.14.20 of the Harmonized
    Tariff Schedule of the United States.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 3107.\8\ TRADE BENEFITS UNDER THE CARIBBEAN BASIN ECONOMIC
                        RECOVERY ACT.
    ---------------------------------------------------------------------------

        \8\ Sec. 3107 amended the Caribbean Basin Economic Recovery Act
    (Public Law 98-67).
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 3108.\9\ TRADE BENEFITS UNDER THE AFRICAN GROWTH AND OPPORTUNITY
                        ACT.
    ---------------------------------------------------------------------------

        \9\ Sec. 3108 amended the African Growth and Opportunity Act
    (Public Law 106-200).
    ---------------------------------------------------------------------------
              * * * * * * *
            (4) United States-Caribbean Basin Trade Partnership Act

    Partial text of Public Law 106-200 [Trade and Development Act of 2000;
                H.R. 434], 114 Stat. 251, approved May 18, 2000

     AN ACT To authorize a new trade and investment policy for sub-Saharan
    Africa, expand trade benefits to the countries in the Caribbean Basin,
    renew the generalized system of preferences, and reauthorize the trade
                        adjustment assistance programs.

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

                  TITLE II--TRADE BENEFITS FOR CARIBBEAN BASIN

             Subtitle A--Trade Policy for Caribbean Basin Countries

    SEC. 201.\2\ SHORT TITLE.
    ---------------------------------------------------------------------------

        \2\ 19 U.S.C. 2701 note.
    ---------------------------------------------------------------------------
      This title may be cited as the ``United States-Caribbean
    Basin Trade Partnership Act''.

    SEC. 202.\3\ FINDINGS AND POLICY.
    ---------------------------------------------------------------------------

        \3\ 19 U.S.C. 2701 note.
    ---------------------------------------------------------------------------
      (a) Findings.--Congress makes the following findings:
              (1) The Caribbean Basin Economic Recovery Act (in
            this title referred to as ``CBERA'') represents a
            permanent commitment by the United States to encourage
            the development of strong democratic governments and
            revitalized economies in neighboring countries in the
            Caribbean Basin.
              (2) In 1998, Hurricane Mitch and Hurricane Georges
            devastated areas in the Caribbean Basin region, killing
            more than 10,000 people and leaving 3,000,000 homeless.
              (3) The total direct impact of Hurricanes Mitch and
            Georges on Honduras, Nicaragua, the Dominican Republic,
            El Salvador, and Guatemala amounts to $4,200,000,000,
            representing a severe loss to income levels in this
            underdeveloped region.
              (4) In addition to short term disaster assistance,
            United States policy toward the region should focus on
            expanding international trade with the Caribbean Basin
            region as an enduring solution for successful economic
            growth and recovery.
              (5) Thirty-four democratically elected leaders agreed
            at the 1994 Summit of the Americas to conclude
            negotiation of a Free Trade Area of the Americas (in
            this title referred to as ``FTAA'') by the year 2005.
              (6) The economic security of the countries in the
            Caribbean Basin will be enhanced by the completion of
            the FTAA.
              (7) Offering temporary benefits to Caribbean Basin
            countries will preserve the United States commitment to
            Caribbean Basin beneficiary countries, promote the
            growth of free enterprise and economic opportunity in
            these neighboring countries, and thereby enhance the
            national security interests of the United States.
              (8) Given the greater propensity of countries located
            in the Western Hemisphere to use United States
            components and to purchase United States products
            compared to other countries, increased trade and
            economic activity between the United States and
            countries in the Western Hemisphere will create new
            jobs in the United States as a result of expanding
            export opportunities.
      (b) Policy.--It is the policy of the United States--
              (1) to offer Caribbean Basin beneficiary countries
            willing to prepare to become a party to the FTAA or
            another free trade agreement, tariff treatment
            essentially equivalent to that accorded to products of
            NAFTA countries for certain products not currently
            eligible for duty-free treatment under the CBERA; and
              (2) to seek the participation of Caribbean Basin
            beneficiary countries in the FTAA or another free trade
            agreement at the earliest possible date, with the goal
            of achieving full participation in such agreement not
            later than 2005.

    SEC. 203.\4\ DEFINITIONS.
    ---------------------------------------------------------------------------

        \4\ 19 U.S.C. 2701 note.
    ---------------------------------------------------------------------------
      In this title:
              (1) NAFTA.--The term ``NAFTA'' means the North
            American Free Trade Agreement entered into between the
            United States, Mexico, and Canada on December 17, 1992.
              (2) NAFTA country.--The term ``NAFTA country'' means
            any country with respect to which the NAFTA is in
            force.
              (3) WTO and wto member.--The terms ``WTO'' and ``WTO
            member'' have the meanings given those terms in section
            2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).

            Subtitle B--Trade Benefits for Caribbean Basin Countries

    SEC. 211. TEMPORARY PROVISIONS TO PROVIDE ADDITIONAL TRADE BENEFITS TO
                        CERTAIN BENEFICIARY COUNTRIES.

      (a) Temporary Provisions.--* * * \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 211 amended sec. 213(b) of the Caribbean Basin Economic
    Recovery Act (19 U.S.C. 2703(b)), as found on page 1031.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 212.\6\ DUTY-FREE TREATMENT FOR CERTAIN BEVERAGES MADE WITH
                        CARIBBEAN RUM.--* * *
    ---------------------------------------------------------------------------

        \6\ Sec. 212 amended sec. 213(a) of the Caribbean Basin Economic
    Recovery Act (19 U.S.C. 2703(a)) as found on page 1029.
    ---------------------------------------------------------------------------

    SEC. 213.\7\ MEETINGS OF TRADE MINISTERS AND USTR.
    ---------------------------------------------------------------------------

        \7\ 19 U.S.C. 2701 note.
    ---------------------------------------------------------------------------
      (a) Schedule of Meetings.--The President shall take the
    necessary steps to convene a meeting with the trade ministers
    of the CBTPA beneficiary countries in order to establish a
    schedule of regular meetings, to commence as soon as is
    practicable, of the trade ministers and the Trade
    Representative, for the purpose set forth in subsection (b).
      (b) Purpose.--The purpose of the meetings scheduled under
    subsection (a) is to reach agreement between the United States
    and CBTPA beneficiary countries on the likely timing and
    procedures for initiating negotiations for CBTPA beneficiary
    countries to enter into mutually advantageous free trade
    agreements with the United States that contain provisions
    comparable to those in the NAFTA and would make substantial
    progress in achieving the negotiating objectives set forth in
    section 108(b)(5) of Public Law 103-182 (19 U.S.C. 3317(b)(5)).
      (c) Definition.--In this section, the term ``CBTPA
    beneficiary country'' has the meaning given that term in
    section 213(b)(5)(B) of the Caribbean Basin Economic Recovery
    Act.
              * * * * * * *
           (5) North American Free Trade Agreement Implementation Act

        Partial text of Public Law 103-182 [H.R. 3450], 107 Stat. 2057,
     approved December 8, 1993; as amended by Public Law 105-206 [Internal
     Revenue Service Reform and Restructuring Act of 1986; H.R. 2676], 112
                       Stat. 685, approved July 22, 1998

          AN ACT To implement the North American Free Trade Agreement.

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

    SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``North
    American Free Trade Agreement Implementation Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3301 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--* * *

    SEC. 2.\2\ DEFINITIONS.

        For purposes of this Act:
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 3301.
    ---------------------------------------------------------------------------
              (1) Agreement.--The term ``Agreement'' means the
            North American Free Trade Agreement approved by the
            Congress under section 101(a).
              (2) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.
              (3) Mexico.--Any reference to Mexico shall be
            considered to be a reference to the United Mexican
            States.
              (4) NAFTA country.--Except as provided in section
            202, the term ``NAFTA country'' means--
                      (A) Canada for such time as the Agreement is
                    in force with respect to, and the United States
                    applies the Agreement to, Canada; and
                      (B) Mexico for such time as the Agreement is
                    in force with respect to, and the United States
                    applies the Agreement to, Mexico.
              (5) International trade commission.--The term
            ``International Trade Commission'' means the United
            States International Trade Commission.
              (6) Trade representative.--The term ``Trade
            Representative'' means the United States Trade
            Representative.

      TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE NORTH
                         AMERICAN FREE TRADE AGREEMENT

    SEC. 101.\3\ APPROVAL AND ENTRY INTO FORCE OF THE NORTH AMERICAN FREE
                        TRADE AGREEMENT.

        (a) Approval of Agreement and Statement of Administrative
    Action.--Pursuant to section 1103 of the Omnibus Trade and
    Competitiveness Act of 1988 (19 U.S.C. 2903) and section 151 of
    the Trade Act of 1974 (19 U.S.C. 2191), the Congress approves--
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 3311.
    ---------------------------------------------------------------------------
              (1) the North American Free Trade Agreement entered
            into on December 17, 1992, with the Governments of
            Canada and Mexico and submitted to the Congress on
            November 4, 1993; and
              (2) the statement of administrative action proposed
            to implement the Agreement that was submitted to the
            Congress on November 4, 1993.
        (b) Conditions for Entry Into Force of the Agreement.--The
    President is authorized to exchange notes with the Government
    of Canada or Mexico providing for the entry into force, on or
    after January 1, 1994, of the Agreement for the United States
    with respect to such country at such time as--
              (1) the President--
                      (A) determines that such country has
                    implemented the statutory changes necessary to
                    bring that country into compliance with its
                    obligations under the Agreement and has made
                    provision to implement the Uniform Regulations
                    provided for under article 511 of the Agreement
                    regarding the interpretation, application, and
                    administration of the rules of origin, and
                      (B) transmits a report to the House of
                    Representatives and the Senate setting forth
                    the determination under subparagraph (A) and
                    including, in the case of Mexico, a description
                    of the specific measures taken by that country
                    to--
                              (i) bring its laws into conformity
                            with the requirements of the Schedule
                            of Mexico in Annex 1904.15 of the
                            Agreement, and
                              (ii) otherwise ensure the effective
                            implementation of the binational panel
                            review process under chapter 19 of the
                            Agreement regarding final antidumping
                            and countervailing duty determinations;
                            and
              (2) the Government of such country exchanges notes
            with the United States providing for the entry into
            force of the North American Agreement on Environmental
            Cooperation and the North American Agreement on Labor
            Cooperation for that country and the United States.

    SEC. 102.\4\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
                        LAW.

        (a) Relationship of Agreement to United States Law.--
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 3312.
    ---------------------------------------------------------------------------
              (1) United states law to prevail in conflict.--No
            provision of the Agreement, nor the application of any
            such provision to any person or circumstance, which is
            inconsistent with any law of the United States shall
            have effect.
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States, including any law regarding--
                              (i) the protection of human, animal,
                            or plant life or health,
                              (ii) the protection of the
                            environment, or
                              (iii) motor carrier or worker safety;
                            or
                      (B) to limit any authority conferred under
                    any law of the United States, including section
                    301 of the Trade Act of 1974;
            unless specifically provided for in this Act.
        (b) Relationship of Agreement to State Law.--
              (1) Federal-state consultation.--
                      (A) In general.--Upon the enactment of this
                    Act, the President shall, through the
                    intergovernmental policy advisory committees on
                    trade established under section 306(c)(2)(A) of
                    the Trade and Tariff Act of 1984, consult with
                    the States for the purpose of achieving
                    conformity of State laws and practices with the
                    Agreement.
                      (B) Federal-state consultation process.--The
                    Trade Representative shall establish within the
                    Office of the United States Trade
                    Representative a Federal-State consultation
                    process for addressing issues relating to the
                    Agreement that directly relate to, or will
                    potentially have a direct impact on, the
                    States. The Federal-State consultation process
                    shall include procedures under which--
                              (i) the Trade Representative will
                            assist the States in identifying those
                            State laws that may not conform with
                            the Agreement but may be maintained
                            under the Agreement by reason of being
                            in effect before the Agreement entered
                            into force;
                              (ii) the States will be informed on a
                            continuing basis of matters under the
                            Agreement that directly relate to, or
                            will potentially have a direct impact
                            on, the States;
                              (iii) the States will be provided
                            opportunity to submit, on a continuing
                            basis, to the Trade Representative
                            information and advice with respect to
                            matters referred to in clause (ii);
                              (iv) the Trade Representative will
                            take into account the information and
                            advice received from the States under
                            clause (iii) when formulating United
                            States positions regarding matters
                            referred to in clause (ii); and
                              (v) the States will be involved
                            (including involvement through the
                            inclusion of appropriate
                            representatives of the States) to the
                            greatest extent practicable at each
                            stage of the development of United
                            States positions regarding matters
                            referred to in clause (ii) that will be
                            addressed by committees, subcommittees,
                            or working groups established under the
                            Agreement or through dispute settlement
                            processes provided for under the
                            Agreement.
            The Federal Advisory Committee Act (5 U.S.C. App.)
            shall not apply to the Federal-State consultation
            process established by this paragraph.
              (2) Legal challenge.--No State law, or the
            application thereof, may be declared invalid as to any
            person or circumstance on the ground that the provision
            or application is inconsistent with the Agreement,
            except in an action brought by the United States for
            the purpose of declaring such law or application
            invalid.
              (3) Definition of state law.--For purposes of this
            subsection, the term ``State law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
        (c) Effect of Agreement With Respect to Private Remedies.--
    No person other than the United States--
              (1) shall have any cause of action or defense under--
                      (A) the Agreement or by virtue of
                    Congressional approval thereof, or
                      (B) the North American Agreement on
                    Environmental Cooperation or the North American
                    Agreement on Labor Cooperation; or
              (2) may challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State on the ground that such action or inaction
            is inconsistent with the Agreement, the North American
            Agreement on Environmental Cooperation, or the North
            American Agreement on Labor Cooperation.

    SEC. 103.\5\ CONSULTATION AND LAYOVER REQUIREMENTS FOR, AND EFFECTIVE
                        DATE OF, PROCLAIMED ACTIONS.

        (a) Consultation and Layover Requirements.--If a provision
    of this Act provides that the implementation of an action by
    the President by proclamation is subject to the consultation
    and layover requirements of this section, such action may be
    proclaimed only if--
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 3313. In a memorandum of September 29, 1995 (60 F.R.
    52061), the President delegated to the U.S. Trade Representative
    certain authority set forth in sec. 103(a) of this Act and sec. 115 of
    the Uruguay Round Agreements Act, as follows:
        ``(1) obtaining advice from the appropriate advisory committees and
    the U.S. International Trade Commission on the proposed implementation
    of an action by Presidential proclamation;
        ``(2) submitting a report on such action to the House Ways and
    Means and Senate Finance Committees; and
        ``(3) consulting with such committees during the 60-day period
    following the date on which the requirements under (1) and (2) have
    been met.
        ``The President retains the sole authority under the NAFTA Act and
    Uruguay Round Act to implement an action by proclamation after the
    consultation and layover requirements set forth in section 103(a)(1)
    through (4) and section 115 of such Acts, respectively, have been
    met.''.
    ---------------------------------------------------------------------------
              (1) the President has obtained advice regarding the
            proposed action from--
                      (A) the appropriate advisory committees
                    established under section 135 of the Trade Act
                    of 1974, and
                      (B) the International Trade Commission;
              (2) the President has submitted a report to the
            Committee on Ways and Means of the House of
            Representatives and the Committee on Finance of the
            Senate that sets forth--
                      (A) the action proposed to be proclaimed and
                    the reasons therefor, and
                      (B) the advice obtained under paragraph (1);
              (3) a period of 60 calendar days, beginning with the
            first day on which the President has met the
            requirements of paragraphs (1) and (2) with respect to
            such action, has expired; and
              (4) the President has consulted with such Committees
            regarding the proposed action during the period
            referred to in paragraph (3).
        (b) Effective Date of Certain Proclaimed Actions.--Any
    action proclaimed by the President under the authority of this
    Act that is not subject to the consultation and layover
    requirements under subsection (a) may not take effect before
    the 15th day after the date on which the text of the
    proclamation is published in the Federal Register.

    SEC. 104.\6\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
                        AND INITIAL REGULATIONS.

        (a) Implementing Actions.--After the date of the enactment
    of this Act--
    ---------------------------------------------------------------------------
        \6\ 19 U.S.C. 3314.
    ---------------------------------------------------------------------------
              (1) the President may proclaim such actions; and
              (2) other appropriate officers of the United States
            Government may issue such regulations;
    as may be necessary to ensure that any provision of this Act,
    or amendment made by this Act, that takes effect on the date
    the Agreement enters into force is appropriately implemented on
    such date, but no such proclamation or regulation may have an
    effective date earlier than the date of entry into force. The
    15-day restriction in section 103(b) on the taking effect of
    proclaimed actions is waived to the extent that the application
    of such restriction would prevent the taking effect on the date
    the Agreement enters into force of any action proclaimed under
    this section.
        (b) Initial Regulations.--Initial regulations necessary or
    appropriate to carry out the actions proposed in the statement
    of administrative action submitted under section 101(a)(2) to
    implement the Agreement shall, to the maximum extent feasible,
    be issued within 1 year after the date of entry into force of
    the Agreement; except that interim or initial regulations to
    implement those Uniform Regulations regarding rules of origin
    provided for under article 511 of the Agreement shall be issued
    no later than the date of entry into force of the Agreement. In
    the case of any implementing action that takes effect on a date
    after the date of entry into force of the Agreement, initial
    regulations to carry out that action shall, to the maximum
    extent feasible, be issued within 1 year after such effective
    date.

    SEC. 105.\7\ UNITED STATES SECTION OF THE NAFTA SECRETARIAT.

        (a) Establishment of the United States Section.--The
    President is authorized to establish within any department or
    agency of the United States Government a United States Section
    of the Secretariat established under chapter 20 of the
    Agreement. The United States Section, subject to the oversight
    of the interagency group established under section 402, shall
    carry out its functions within the Secretariat to facilitate
    the operation of the Agreement, including the operation of
    chapters 19 and 20 of the Agreement and the work of the panels,
    extraordinary challenge committees, special committees, and
    scientific review boards convened under those chapters. The
    United States Section may not be considered to be an agency for
    purposes of section 552 of title 5, United States Code.
    ---------------------------------------------------------------------------
        \7\ 19 U.S.C. 3315.
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated for each fiscal year after fiscal year 1993
    to the department or agency within which the United States
    Section is established the lesser of--
              (1) such sums as may be necessary; or
              (2) $2,000,000;
    for the establishment and operations of the United States
    Section and for the payment of the United States share of the
    expenses of binational panels and extraordinary challenge
    committees convened under chapter 19, and of the expenses
    incurred in dispute settlement proceedings under chapter 20, of
    the Agreement.
        (c) Reimbursement of Certain Expenses.--If, in accordance
    with Annex 2002.2 of the Agreement, the Canadian Section or the
    Mexican Section of the Secretariat provides funds to the United
    States Section during any fiscal year, as reimbursement for
    expenses by the Canadian Section or the Mexican Section in
    connection with settlement proceedings under chapter 19 or 20
    of the Agreement, the United States Section may retain and use
    such funds to carry out the functions described in subsection
    (a).

    SEC. 106.\8\ APPOINTMENTS TO CHAPTER 20 PANEL PROCEEDINGS.

        (a) Consultation.--The Trade Representative shall consult
    with the Committee on Ways and Means of the House of
    Representatives and the Committee on Finance of the Senate
    regarding the selection and appointment of candidates for the
    rosters described in article 2009 of the Agreement.
    ---------------------------------------------------------------------------
        \8\ 19 U.S.C. 3316.
    ---------------------------------------------------------------------------
        (b) Selection of Individuals With Environmental
    Expertise.--The United States shall, to the maximum extent
    practicable, encourage the selection of individuals who have
    expertise and experience in environmental issues for service in
    panel proceedings under chapter 20 of the Agreement to hear any
    challenge to a United States or State environmental law.

    SEC. 107.\9\ TERMINATION OR SUSPENSION OF UNITED STATES-CANADA FREE-
                        TRADE AGREEMENT. * * *
    ---------------------------------------------------------------------------

        \9\ Sec. 107 amended sec. 501(c) of the United States-Canada Free-
    Trade Implementation Act of 1988 (19 U.S.C. 2112 note).
    ---------------------------------------------------------------------------

    SEC. 108.\10\ CONGRESSIONAL INTENT REGARDING FUTURE ACCESSIONS.

        (a) In General.--Section 101(a) may not be construed as
    conferring Congressional approval of the entry into force of
    the Agreement for the United States with respect to countries
    other than Canada and Mexico.
    ---------------------------------------------------------------------------
        \10\ 19 U.S.C. 3317.
    ---------------------------------------------------------------------------
        (b) Future Free Trade Area Negotiations.--
              (1) Findings.--The Congress makes the following
            findings:
                      (A) Efforts by the United States to obtain
                    greater market opening through multilateral
                    negotiations have not produced agreements that
                    fully satisfy the trade negotiating objectives
                    of the United States.
                      (B) United States trade policy should provide
                    for additional mechanisms with which to pursue
                    greater market access for United States exports
                    of goods and services and opportunities for
                    export-related investment by United States
                    persons.
                      (C) Among the additional mechanisms should be
                    a system of bilateral and multilateral trade
                    agreements that provide greater market access
                    for United States exports and opportunities for
                    export-related investment by United States
                    persons.
                      (D) The system of trade agreements can and
                    should be structured to be consistent with, and
                    complementary to, existing international
                    obligations of the United States and ongoing
                    multilateral efforts to open markets.
              (2) Report on significant market opening.--No later
            than May 1, 1994, and May 1, 1997, the Trade
            Representative shall submit to the President, and to
            the Committee on Finance of the Senate and the
            Committee on Ways and Means of the House of
            Representatives (hereafter in this section referred to
            as the ``appropriate Congressional committees''), a
            report which lists those foreign countries--
                      (A) that--
                              (i) currently provide fair and
                            equitable market access for United
                            States exports of goods and services
                            and opportunities for export-related
                            investment by United States persons,
                            beyond what is required by existing
                            multilateral trade agreements or
                            obligations; or
                              (ii) have made significant progress
                            in opening their markets to United
                            States exports of goods and services
                            and export-related investment by United
                            States persons; and
                      (B) the further opening of whose markets has
                    the greatest potential to increase United
                    States exports of goods and services and
                    export-related investment by United States
                    persons, either directly or through the
                    establishment of a beneficial precedent.
              (3) Presidential determination.--The President, on
            the basis of the report submitted by the Trade
            Representative under paragraph (2), shall determine
            with which foreign country or countries, if any, the
            United States should seek to negotiate a free trade
            area agreement or agreements.
              (4) Recommendations on future free trade area
            negotiations.--No later than July 1, 1994, and July 1,
            1997, the President shall submit to the appropriate
            Congressional committees a written report that
            contains--
                      (A) recommendations for free trade area
                    negotiations with each foreign country selected
                    under paragraph (3);
                      (B) with respect to each country selected,
                    the specific negotiating objectives that are
                    necessary to meet the objectives of the United
                    States under this section; and
                      (C) legislative proposals to ensure adequate
                    consultation with the Congress and the private
                    sector during the negotiations, advance
                    Congressional approval of the negotiations
                    recommended by the President, and Congressional
                    approval of any trade agreement entered into by
                    the President as a result of the negotiations.
              (5) General negotiating objectives.--The general
            negotiating objectives of the United States under this
            section are to obtain--
                      (A) preferential treatment for United States
                    goods;
                      (B) national treatment and, where
                    appropriate, equivalent competitive opportunity
                    for United States services and foreign direct
                    investment by United States persons;
                      (C) the elimination of barriers to trade in
                    goods and services by United States persons
                    through standards, testing, labeling, and
                    certification requirements;
                      (D) nondiscriminatory government procurement
                    policies and practices with respect to United
                    States goods and services;
                      (E) the elimination of other barriers to
                    market access for United States goods and
                    services, and the elimination of barriers to
                    foreign direct investment by United States
                    persons;
                      (F) the elimination of acts, policies, and
                    practices which deny fair and equitable market
                    opportunities, including foreign government
                    toleration of anticompetitive business
                    practices by private firms or among private
                    firms that have the effect of restricting, on a
                    basis that is inconsistent with commercial
                    considerations, purchasing by such firms of
                    United States goods and services;
                      (G) adequate and effective protection of
                    intellectual property rights of United States
                    persons, and fair and equitable market access
                    for United States persons that rely upon
                    intellectual property protection;
                      (H) the elimination of foreign export and
                    domestic subsidies that distort international
                    trade in United States goods and services or
                    cause material injury to United States
                    industries;
                      (I) the elimination of all export taxes;
                      (J) the elimination of acts, policies, and
                    practices which constitute export targeting;
                    and
                      (K) monitoring and effective dispute
                    settlement mechanisms to facilitate compliance
                    with the matters described in subparagraphs (A)
                    through (J).

    SEC. 109.\11\ EFFECTIVE DATES; EFFECT OF TERMINATION OF NAFTA STATUS.

        (a) Effective Dates.--
    ---------------------------------------------------------------------------
        \11\ 19 U.S.C. 3311 note.
    ---------------------------------------------------------------------------
              (1) In general.--This title (other than the amendment
            made by section 107) takes effect on the date of the
            enactment of this Act.
              (2) Section 107 amendment.--The amendment made by
            section 107 takes effect on the date the Agreement
            enters into force between the United States and Canada.
        (b) Termination of NAFTA Status.--During any period in
    which a country ceases to be a NAFTA country, sections 101
    through 106 shall cease to have effect with respect to such
    country.

                       TITLE II--CUSTOMS PROVISIONS \12\
    ---------------------------------------------------------------------------

        \12\ Freestanding provisions in this title are codified at 19
    U.S.C. 3331-3335.
    ---------------------------------------------------------------------------
              * * * * * * *

        TITLE III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES \13\
    ---------------------------------------------------------------------------

        \13\ Freestanding provisions in this title are codified at: 19
    U.S.C. 3351-3382 (subtitle A--safeguards); 19 U.S.C. 3391 (subtitle B--
    agriculture); 19 U.S.C. 3401 (subtitle D--temporary entry of business
    persons); and 19 U.S.C. 3421 (subtitle E, part 2--agricultural
    standards). Other subtitles (subtitle C--intellectual property;
    subtitle E, part 1--standards and measures; subtitle F--corporate
    average fuel economy; and subtitle G--government procurement) consist
    mostly of amendments to other legislation.
    ---------------------------------------------------------------------------
              * * * * * * *

      TITLE IV--DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY
                                   CASES \14\
    ---------------------------------------------------------------------------

        \14\ Freestanding provisions in this title are codified at 19
    U.S.C. 3431-3438, and 3451.
    ---------------------------------------------------------------------------
              * * * * * * *

     TITLE V--NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE AND OTHER PROVISIONS

              * * * * * * *

       Subtitle B--Provisions Relating to Performance Under the Agreement

              * * * * * * *

    SEC. 512.\15\ REVIEW OF THE OPERATION AND EFFECTS OF THE AGREEMENT.

        (a) Study.--By not later than July 1, 1997, the President
    shall provide to the Congress a comprehensive study on the
    operation and effects of the Agreement. The study shall include
    an assessment of the following factors:
    ---------------------------------------------------------------------------
        \15\ 19 U.S.C. 3462.
    ---------------------------------------------------------------------------
              (1) The net effect of the Agreement on the economy of
            the United States, including with respect to the United
            States gross national product, employment, balance of
            trade, and current account balance.
              (2) The industries (including agricultural
            industries) in the United States that have
            significantly increased exports to Mexico or Canada as
            a result of the Agreement, or in which imports into the
            United States from Mexico or Canada have increased
            significantly as a result of the Agreement, and the
            extent of any change in the wages, employment, or
            productivity in each such industry as a result of the
            Agreement.
              (3) The extent to which investment in new or existing
            production or other operations in the United States has
            been redirected to Mexico as a result of the Agreement,
            and the effect on United States employment of such
            redirection.
              (4) The extent of any increase in investment,
            including foreign direct investment and increased
            investment by United States investors, in new or
            existing production or other operations in the United
            States as a result of the Agreement, and the effect on
            United States employment of such investment.
              (5) The extent to which the Agreement has contributed
            to--
                      (A) improvement in real wages and working
                    conditions in Mexico,
                      (B) effective enforcement of labor and
                    environmental laws in Mexico, and
                      (C) the reduction or abatement of pollution
                    in the region of the United States-Mexico
                    border.
        (b) Scope.--In assessing the factors listed in subsection
    (a), to the extent possible, the study shall distinguish
    between the consequences of the Agreement and events that
    likely would have occurred without the Agreement. In addition,
    the study shall evaluate the effects of the Agreement relative
    to aggregate economic changes and, to the extent possible,
    relative to the effects of other factors, including--
              (1) international competition,
              (2) reductions in defense spending,
              (3) the shift from traditional manufacturing to
            knowledge and information based economic activity, and
              (4) the Federal debt burden.
        (c) Recommendations of the President.--The study shall
    include any appropriate recommendations by the President with
    respect to the operation and effects of the Agreement,
    including recommendations with respect to the specific factors
    listed in subsection (a).
        (d) Recommendations of Certain Committees.--The President
    shall provide the study to the Committee on Ways and Means of
    the House of Representatives and the Committee on Finance of
    the Senate and any other committee that has jurisdiction over
    any provision of United States law that was either enacted or
    amended by the North American Free Trade Agreement
    Implementation Act. Each such committee may hold hearings and
    make recommendations to the President with respect to the
    operation and effects of the Agreement.
              * * * * * * *

    SEC. 515. CENTER FOR THE STUDY OF WESTERN HEMISPHERIC TRADE.

        (a) \16\ Amendment to the CBI.--* * *
    ---------------------------------------------------------------------------
        \16\ Sec. 515(a) added a new sec. 219 to the Caribbean Basin
    Economic Recovery Act, to establish the Center for the Study of Western
    Hemispheric Trade.
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated $10,000,000 for fiscal year 1994, and such
    sums as may be necessary in the 3 succeeding fiscal years to
    carry out the purposes of section 219 of the Caribbean Basin
    Economic Recovery Act (as added by subsection (a)).

    SEC. 516. EFFECTIVE DATE.

        (a) In General.--Except as provided in subsection (b), the
    provisions of this subtitle shall take effect on the date the
    Agreement enters into force with respect to the United States.
        (b) Exception.--Section 515 shall take effect on the date
    of the enactment of this Act.
              * * * * * * *

          Subtitle D--Implementation of NAFTA Supplemental Agreements

              PART 1--AGREEMENTS RELATING TO LABOR AND ENVIRONMENT

    SEC. 531.\17\ AGREEMENT ON LABOR COOPERATION.

        (a) Commission for Labor Cooperation.--
    ---------------------------------------------------------------------------
        \17\ 19 U.S.C. 3471.
    ---------------------------------------------------------------------------
              (1) Membership.--The United States is authorized to
            participate in the Commission for Labor Cooperation in
            accordance with the North American Agreement on Labor
            Cooperation.
              (2) Contributions to budget.--There are authorized to
            be appropriated to the President (or such agency as the
            President may designate) $2,000,000 for each of fiscal
            years 1994 and 1995 for United States contributions to
            the annual budget of the Commission for Labor
            Cooperation pursuant to Article 47 of the North
            American Agreement on Labor Cooperation. Funds
            authorized to be appropriated for such contributions by
            this paragraph are in addition to any funds otherwise
            available for such contributions. Funds authorized to
            be appropriated by this paragraph are authorized to be
            made available until expended.
        (b) Definitions.--As used in this section--
              (1) the term ``Commission for Labor Cooperation''
            means the commission established by Part Three of the
            North American Agreement on Labor Cooperation; and
              (2) the term ``North American Agreement on Labor
            Cooperation'' means the North American Agreement on
            Labor Cooperation Between the Government of the United
            States of America, the Government of Canada, and the
            Government of the United Mexican States (signed at
            Mexico City, Washington, and Ottawa on September 8, 9,
            12, and 14, 1993).

    SEC. 532.\18\ AGREEMENT ON ENVIRONMENTAL COOPERATION.

        (a) Commission for Environmental Cooperation.--
    ---------------------------------------------------------------------------
        \18\ 19 U.S.C. 3472.
    ---------------------------------------------------------------------------
              (1) Membership.--The United States is authorized to
            participate in the Commission for Environmental
            Cooperation in accordance with the North American
            Agreement on Environmental Cooperation.
              (2) Contributions to budget.--There are authorized to
            be appropriated to the President (or such agency as the
            President may designate) $5,000,000 for each of fiscal
            years 1994 and 1995 for United States contributions to
            the annual budget of the Commission for Environmental
            Cooperation pursuant to Article 43 of the North
            American Agreement on Environmental Cooperation. Funds
            authorized to be appropriated for such contributions by
            this paragraph are in addition to any funds otherwise
            available for such contributions. Funds authorized to
            be appropriated by this paragraph are authorized to be
            made available until expended.
        (b) Definitions.--As used in this section--
              (1) the term ``Commission for Environmental
            Cooperation'' means the commission established by Part
            Three of the North American Agreement on Environmental
            Cooperation; and
              (2) the term ``North American Agreement on
            Environmental Cooperation'' means the North American
            Agreement on Environmental Cooperation Between the
            Government of the United States of America, the
            Government of Canada, and the Government of the United
            Mexican States (signed at Mexico City, Washington, and
            Ottawa on September 8, 9, 12, and 14, 1993).

    SEC. 533.\19\ AGREEMENT ON BORDER ENVIRONMENT COOPERATION COMMISSION.

        (a) Border Environment Cooperation Commission.--
    ---------------------------------------------------------------------------
        \19\ 19 U.S.C. 3473.
    ---------------------------------------------------------------------------
              (1) Membership.--The United States is authorized to
            participate in the Border Environment Cooperation
            Commission in accordance with the Border Environment
            Cooperation Agreement.
              (2) Contributions to the commission budget.--There
            are authorized to be appropriated to the President (or
            such agency as the President may designate) $5,000,000
            for fiscal year 1994 and each fiscal year thereafter
            for United States contributions to the budget of the
            Border Environment Cooperation Commission pursuant to
            section 7 of Article III of Chapter I of the Border
            Environment Cooperation Agreement. Funds authorized to
            be appropriated for such contributions by this
            paragraph are in addition to any funds otherwise
            available for such contributions. Funds authorized to
            be appropriated by this paragraph are authorized to be
            made available until expended.
        (b) Civil Actions Involving the Commission.--For the
    purpose of any civil action which may be brought within the
    United States by or against the Border Environment Cooperation
    Commission in accordance with the Border Environment
    Cooperation Agreement (including an action brought to enforce
    an arbitral award against the Commission), the Commission shall
    be deemed to be an inhabitant of the Federal judicial district
    in which its principal office within the United States, or its
    agent appointed for the purpose of accepting service or notice
    of service, is located. Any such action to which the Commission
    is a party shall be deemed to arise under the laws of the
    United States, and the district courts of the United States
    (including the courts enumerated in section 460 of title 28,
    United States Code) shall have original jurisdiction of any
    such action. When the Commission is a defendant in any action
    in a State court, it may at any time before trial remove the
    action into the appropriate district court of the United States
    by following the procedure for removal provided in section 1446
    of title 28, United States Code.
        (c) Definitions.--As used in this section--
              (1) the term ``Border Environment Cooperation
            Agreement'' means the November 1993 Agreement Between
            the Government of the United States of America and the
            Government of the United Mexican States Concerning the
            Establishment of a Border Environment Cooperation
            Commission and a North American Development Bank;
              (2) the terms ``Border Environment Cooperation
            Commission'' and ``Commission'' mean the commission
            established pursuant to Chapter I of the Border
            Environment Cooperation Agreement; and
              (3) the term ``United States'' means the United
            States, its territories and possessions, and the
            Commonwealth of Puerto Rico.

      PART 2--NORTH AMERICAN DEVELOPMENT BANK AND RELATED PROVISIONS \20\
    ---------------------------------------------------------------------------

        \20\ Part 2 authorized U.S. participation in the North American
    Development Bank. For text of part 2, see page 113.
    ---------------------------------------------------------------------------
              * * * * * * *

                      TITLE VI--CUSTOMS MODERNIZATION \21\
    ---------------------------------------------------------------------------

        \21\ Title VI amended various sections of the Tariff Act of 1930
    (19 U.S.C. 1202 et seq.) and other legislation relating to customs.
    ---------------------------------------------------------------------------
              * * * * * * *
                        (6) Andean Trade Preference Act

      Title II of Public Law 102-182 [H.R. 1724], 105 Stat. 1233 at 1236,
          approved December 4, 1991; as amended by Public Law 102-583
      [International Narcotics Control Act of 1992; H.R. 6187], 106 Stat.
      4914, approved November 2, 1992; Public Law 103-465 [Uruguay Round
    Agreements Act; H.R. 5110], 108 Stat. 4809, approved December 8, 1994;
      Public Law 104-188 [Small Job Business Protection Act of 1996; H.R.
      3448], 110 Stat. 1755, approved August 20, 1996; Public Law 106-200
    [Trade and Development Act of 2000; H.R. 434], 114 Stat. 251, approved
         May 18, 2000; Public Law 107-210 [Andean Trade Promotion Drug
     Eradication Act; H.R. 3009], 116 Stat. 933, approved August 6, 2002;
     and Public Law 108-429 [Miscellaneous Trade and Technical Corrections
       Act of 2004; H.R. 1047], 118 Stat. 2434, approved December 3, 2004

    AN ACT To provide for the termination of the application of title IV of
              the Trade Act of 1974 to Czechoslovakia and Hungary.

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

                TITLE II--TRADE PREFERENCE FOR THE ANDEAN REGION

    SEC. 201.\1\ SHORT TITLE.

        This title may be cited as the ``Andean Trade Preference
    Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3201 note.
    ---------------------------------------------------------------------------

    SEC. 202.\2\ AUTHORITY TO GRANT DUTY-FREE TREATMENT.

        The President may proclaim duty-free treatment (or other
    preferential treatment) \3\ for all eligible articles from any
    beneficiary country in accordance with the provisions of this
    title.
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 3201.
        \3\ Sec. 3103(c) of the Andean Trade Promotion and Drug Eradication
    Act (title XXXI of Public Law 107-210; 116 Stat. 1033) inserted ``(or
    other preferential treatment)''.
    ---------------------------------------------------------------------------

    SEC. 203.\4\ BENEFICIARY COUNTRY.

        (a) Definitions.--For purposes of this title--
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 3202.
    ---------------------------------------------------------------------------
              (1) The term ``beneficiary country'' means any
            country listed in subsection (b)(1) with respect to
            which there is in effect a proclamation by the
            President designating such country as a beneficiary
            country for purposes of this title.
              (2) The term ``entered'' means entered, or withdrawn
            from warehouse for consumption, in the customs
            territory of the United States.
              (3) The term ``HTS'' means Harmonized Tariff Schedule
            of the United States.
        (b) Countries Eligible for Designation; Congressional
    Notification.--(1) In designating countries as beneficiary
    countries under this title, the President shall consider only
    the following countries or successor political entities:
              Bolivia \5\
    ---------------------------------------------------------------------------
        \5\ Presidential Proclamation 6456 of July 2, 1992 (57 F.R. 30097)
    designated Bolivia as a beneficiary country for the purposes of the
    Andean Trade Preference Act.
    ---------------------------------------------------------------------------
              Ecuador \6\
    ---------------------------------------------------------------------------
        \6\ Presidential Proclamation 6544 of April 13, 1993 (58 F.R.
    19547) designated Ecuador as a beneficiary country for the purposes of
    the Andean Trade Preference Act.
    ---------------------------------------------------------------------------
              Colombia \7\
    ---------------------------------------------------------------------------
        \7\ Presidential Proclamation 6455 of July 2, 1992 (57 F.R. 30069)
    designated Colombia as a beneficiary country for the purposes of the
    Andean Trade Preference Act (ATPA).
    ---------------------------------------------------------------------------
              Peru.\8\
    ---------------------------------------------------------------------------
        \8\ Presidential Proclamation 6585 of August 11, 1993 (58 F.R.
    43239) designated Peru as a beneficiary country for the purposes of the
    Andean Trade Preference Act. In a memorandum to the United States Trade
    Representative of June 25, 1993 (58 F.R. 34861), however, the President
    continued a review of alleged expropriation without compensation of
    property of a U.S. citizen in Peru.
    ---------------------------------------------------------------------------
        (2) Before the President designates any country as a
    beneficiary country for purposes of this title, he shall notify
    the House of Representatives and the Senate of his intention to
    make such designation, together with the considerations
    entering into such decision.
        (c) Limitations on Designation.--The President shall not
    designate any country a beneficiary country under this title--
              (1) if such country is a Communist country;
              (2) if such country--
                      (A) has nationalized, expropriated or
                    otherwise seized ownership or control of
                    property owned by a United States citizen or by
                    a corporation, partnership, or association
                    which is 50 percent or more beneficially owned
                    by United States citizens,
                      (B) has taken steps to repudiate or nullify--
                              (i) any existing contract or
                            agreement with, or
                              (ii) any patent, trademark, or other
                            intellectual property of,
                    a United States citizen or a corporation,
                    partnership, or association, which is 50
                    percent or more beneficially owned by United
                    States citizens, the effect of which is to
                    nationalize, expropriate, or otherwise seize
                    ownership or control of property so owned, or
                      (C) has imposed or enforced taxes or other
                    exactions, restrictive maintenance or
                    operational conditions, or other measures with
                    respect to property so owned, the effect of
                    which is to nationalize, expropriate, or
                    otherwise seize ownership or control of such
                    property, unless the President determines
                    that--
                              (i) prompt, adequate, and effective
                            compensation has been or is being made
                            to such citizen, corporation,
                            partnership, or association,
                              (ii) good-faith negotiations to
                            provide prompt, adequate, and effective
                            compensation under the applicable
                            provisions of international law are in
                            progress, or such country is otherwise
                            taking steps to discharge its
                            obligations under international law
                            with respect to such citizen,
                            corporation, partnership, or
                            association, or
                              (iii) a dispute involving such
                            citizen, corporation, partnership, or
                            association, over compensation for such
                            a seizure has been submitted to
                            arbitration under the provisions of the
                            Convention for the Settlement of
                            Investment Disputes, or in another
                            mutually agreed upon forum, and
                    promptly furnishes a copy of such determination
                    to the Senate and House of Representatives;
              (3) if such country fails to act in good faith in
            recognizing as binding or in enforcing arbitral awards
            in favor of United States citizens or a corporation,
            partnership, or association which is 50 percent or more
            beneficially owned by United States citizens, which
            have been made by arbitrators appointed for each case
            or by permanent arbitral bodies to which the parties
            involved have submitted their dispute;
              (4) if such country affords preferential treatment to
            the products of a developed country, other than the
            United States, and if such preferential treatment has,
            or is likely to have, a significant adverse effect on
            United States commerce, unless the President--
                      (A) has received assurances satisfactory to
                    him that such preferential treatment will be
                    eliminated or that action will be taken to
                    assure that there will be no such significant
                    adverse effect, and
                      (B) reports those assurances to the Congress;
              (5) if a government-owned entity in such country
            engages in the broadcast of copyrighted material,
            including films or television material, belonging to
            United States copyright owners without their express
            consent or such country fails to work towards the
            provision of adequate and effective protection of
            intellectual property rights;
              (6) unless such country is a signatory to a treaty,
            convention, protocol, or other agreement regarding the
            extradition of United States citizens; and
              (7) if such country has not or is not taking steps to
            afford internationally recognized worker rights (as
            defined in section 507(4) \9\ of the Trade Act of 1974)
            to workers in the country (including any designated
            zone in that country).
    ---------------------------------------------------------------------------
        \9\ Sec. 1954(a)(2) of Public Law 104-188 (110 Stat. 1927) struck
    out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
    ---------------------------------------------------------------------------
    Paragraphs (1), (2), (3), (5), and (7) shall not prevent the
    designation of any country as a beneficiary country under this
    title if the President determines that such designation will be
    in the national economic or security interest of the United
    States and reports such determination to the Congress with his
    reasons therefor.
        (d) Factors Affecting Designation.--In determining whether
    to designate any country a beneficiary country under this
    title, the President shall take into account--
              (1) an expression by such country of its desire to be
            so designated;
              (2) the economic conditions in such country, the
            living standards of its inhabitants, and any other
            economic factors which he deems appropriate;
              (3) the extent to which such country has assured the
            United States it will provide equitable and reasonable
            access to the markets and basic commodity resources of
            such country;
              (4) the degree to which such country follows the
            accepted rules of international trade provided for
            under the WTO Agreement and the multilateral trade
            agreements (as such terms are defined in paragraphs (9)
            and (4), respectively, of section 2 of the Uruguay
            Round Agreements Act); \10\
    ---------------------------------------------------------------------------
        \10\ Sec. 621(a)(3) of Public Law 103-465 (108 Stat. 4992) struck
    out ``General Agreement on Tariffs and Trade, as well as applicable
    trade agreements approved under section 2(a) of the Trade Agreements
    Act of 1979'', and inserted in lieu thereof ``WTO Agreement and the
    multilateral trade agreements (as such terms are defined in paragraphs
    (9) and (4), respectively, of section 2 of the Uruguay Round Agreements
    Act)''.
    ---------------------------------------------------------------------------
              (5) the degree to which such country uses export
            subsidies or imposes export performance requirements or
            local content requirements which distort international
            trade;
              (6) the degree to which the trade policies of such
            country as they relate to other beneficiary countries
            are contributing to the revitalization of the region;
              (7) the degree to which such country is undertaking
            self-help measures to protect its own economic
            development;
              (8) whether or not such country has taken or is
            taking steps to afford to workers in that country
            (including any designated zone in that country)
            internationally recognized worker rights;
              (9) the extent to which such country provides under
            its law adequate and effective means for foreign
            nationals to secure, exercise, and enforce exclusive
            rights in intellectual property, including patent,
            trademark, and copyright rights;
              (10) the extent to which such country prohibits its
            nationals from engaging in the broadcast of copyrighted
            material, including films or television material,
            belonging to United States copyright owners without
            their express consent;
              (11) whether such country has met the narcotics
            cooperation certification criteria set forth in section
            490 \11\ of the Foreign Assistance Act of 1961 for
            eligibility for United States assistance; and
    ---------------------------------------------------------------------------
        \11\ Formerly read ``section 481(h)(2)(A)''. Sec. 6(a) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4932) provided that ``any reference in any provision of law
    enacted before the date of enactment of this Act to section 481(h) of
    that Act shall be deemed, as of October 1, 1992, to be a reference to
    section 490.''.
    ---------------------------------------------------------------------------
              (12) the extent to which such country is prepared to
            cooperate with the United States in the administration
            of the provisions of this Act.
        (e) Withdrawal or Suspension of Designation.--(1)(A) \12\
    The President may--
              (i) \12\ withdraw or suspend the designation of any
            country as a beneficiary country, or
    ---------------------------------------------------------------------------
        \12\ Sec. 3103(b) of the Andean Trade Promotion and Drug
    Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1033)
    redesignated subparas. (A) and (B) as clauses (i) and (ii), inserted
    the subpara. designation (A) after (1), and added a new subpara. (B).
        Sec. 3103(d) of the same Act provided:
        ``(d) Petitions for Review.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Not later than 180 days after the date of the
    enactment of this Act, the President shall promulgate regulations regarding
    the review of eligibility of articles and countries under the Andean Trade
    Preference Act, consistent with section 203(e) of such Act, as amended by
    this title.

      ``(2) Content of regulations.--The regulations shall be similar to the
    regulations regarding eligibility under the generalized system of
    preferences under title V of the Trade Act of 1974 with respect to the
    timetable for reviews and content, and shall include procedures for
    requesting withdrawal, suspension, or limitations of preferential duty
    treatment under the Andean Trade Preference Act, conducting reviews of such
    requests, and implementing the results of the reviews.''.

              (ii) \12\ withdraw, suspend, or limit the application
            of duty-free treatment under this title to any article
            of any country, if, after such designation, the
            President determines that as a result of changed
            circumstances such a country should be barred from
            designation as a beneficiary country.
        (B) \12\ The President may, after the requirements of
    paragraph (2) have been met--
              (i) withdraw or suspend the designation of any
            country as an ATPDEA beneficiary country, or
              (ii) withdraw, suspend, or limit the application of
            preferential treatment under section 204(b)(1), (3), or
            (4) to any article of any country,
    if, after such designation, the President determines that, as a
    result of changed circumstances, the performance of such
    country is not satisfactory under the criteria set forth in
    section 204(b)(6)(B).
        (2)(A) The President shall publish in the Federal Register
    notice of the action the President proposes to take under
    paragraph (1) at least 30 days before taking such action.
        (B) The United States Trade Representative shall, within
    the 30-day period beginning on the date on which the President
    publishes under subparagraph (A) notice of proposed action--
              (i) accept written comments from the public regarding
            such proposed action,
              (ii) hold a public hearing on such proposed action,
            and
              (iii) publish in the Federal Register--
                      (I) notice of the time and place of such
                    hearing prior to the hearing, and
                      (II) the time and place at which such written
                    comments will be accepted.
        (f) \13\ Reporting Requirements.--
    ---------------------------------------------------------------------------
        \13\ Sec. 3103(e) of the Andean Trade Promotion and Drug
    Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1033)
    amended and restated subsec. (f). Previously, sec. 211(c)(2) of Public
    Law 106-200 (114 Stat. 287) had amended subsec. (f) by striking out a
    triennial reporting requirement through the ninth anniversary of the
    Act and substituting a reporting requirement due not later than January
    31, 2001, on the operation of this title.
    ---------------------------------------------------------------------------
              (1) In general.--Not later than April 30, 2003, and
            every 2 years thereafter during the period this title
            is in effect, the United States Trade Representative
            shall submit to the Congress a report regarding the
            operation of this title, including--
                      (A) with respect to subsections (c) and (d),
                    the results of a general review of beneficiary
                    countries based on the considerations described
                    in such subsections; and
                      (B) the performance of each beneficiary
                    country or ATPEA beneficiary country, as the
                    case may be, under the criteria set forth in
                    section 204(b)(6)(B).
              (2) Public comment.--Before submitting the report
            described in paragraph (1), the United States Trade
            Representative shall publish a notice in the Federal
            Register requesting public comments on whether
            beneficiary countries are meeting the criteria listed
            in section 204(b)(6)(B).

    SEC. 204.\14\ ELIGIBLE ARTICLES.

        (a) In General.--(1) Unless otherwise excluded from
    eligibility (or otherwise provided for) \15\ by this title, the
    duty-free treatment (or preferential treatment) \15\ provided
    under this title shall apply to any article which is the
    growth, product, or manufacture of a beneficiary country if--
    ---------------------------------------------------------------------------
        \14\ 19 U.S.C. 3203. Sec. 3001(b) of Public Law 107-206 (116 Stat.
    910) provided the following:
        ``(b) Andean Trade Preference Act.--Any duty free or other
    preferential treatment provided under the Andean Trade Preference Act
    to apparel articles assembled from fabric formed in the United States
    shall apply to such articles only if all dyeing, printing, and
    finishing of the fabrics from which the articles are assembled if the
    fabrics are knit fabrics, is carried out in the United States. Any
    duty-free or other preferential treatment provided under the Andean
    Trade Preference Act to apparel articles assembled from fabric formed
    in the United States shall apply to such articles only if all dyeing,
    printing, and finishing of the fabrics from which the articles are
    assembled if the fabrics are woven fabrics, is carried out in the
    United States.''.
        \15\ Sec. 3103(c)(2) of the Andean Trade Promotion and Drug
    Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1033)
    inserted ``(or otherwise provided for)'' and ``(or preferential
    treatment)'' in para. (1), and in para. (2) struck out ``subsection
    (a)'' and inserted in lieu thereof ``paragraph (1)''.
    ---------------------------------------------------------------------------
              (A) that article is imported directly from a
            beneficiary country into the customs territory of the
            United States; and
              (B) the sum of--
                      (i) the cost or value of the materials
                    produced in a beneficiary country or 2 or more
                    beneficiary countries under this Act, or a
                    beneficiary country under the Caribbean Basin
                    Economic Recovery Act or 2 or more such
                    countries, plus
                      (ii) the direct costs of processing
                    operations performed in a beneficiary country
                    or countries (under this Act or the Caribbean
                    Basin Economic Recovery Act),
            is not less than 35 percent of the appraised value of
            such article at the time it is entered.
    For purposes of determining the percentage referred to in
    subparagraph (B), the term ``beneficiary country'' includes the
    Commonwealth of Puerto Rico and the United States Virgin
    Islands. If the cost or value of materials produced in the
    customs territory of the United States (other than the
    Commonwealth of Puerto Rico) is included with respect to an
    article to which this paragraph applies, an amount not to
    exceed 15 percent of the appraised value of the article at the
    time it is entered that is attributed to such United States
    cost or value may be applied toward determining the percentage
    referred to in subparagraph (B).
        (2) The Secretary of the Treasury shall prescribe such
    regulations as may be necessary to carry out paragraph (1) \15\
    including, but not limited to, regulations providing that, in
    order to be eligible for duty-free treatment under this title,
    an article must be wholly the growth, product, or manufacture
    of a beneficiary country, or must be a new or different article
    of commerce which has been grown, produced, or manufactured in
    the beneficiary country; but no article or material of a
    beneficiary country shall be eligible for such treatment by
    virtue of having merely undergone--
              (A) simple combining or packaging operations, or
              (B) mere dilution with water or mere dilution with
            another substance that does not materially alter the
            characteristics of the article.
        (3) As used in this subsection, the phrase ``direct costs
    of processing operations'' includes, but is not limited to--
              (A) all actual labor costs involved in the growth,
            production, manufacture, or assembly of the specific
            merchandise, including fringe benefits, on-the-job
            training and the cost of engineering, supervisory,
            quality control, and similar personnel; and
              (B) dies, molds, tooling, and depreciation on
            machinery and equipment which are allocable to the
            specific merchandise.
    Such phrase does not include costs which are not directly
    attributable to the merchandise concerned or are not costs of
    manufacturing the product, such as (i) profit, and (ii) general
    expense of doing business which are either not allocable to the
    specific merchandise or are not related to the growth,
    production, manufacture, or assembly of the merchandise, such
    as administrative salaries, casualty and liability insurance,
    advertising, interest, and salesmen's salaries, commissions or
    expenses.
        (4) If the President, pursuant to section 223 of the
    Caribbean Basin Economic Recovery Expansion Act of 1990,
    considers that the implementation of revised rules of origin
    for products of beneficiary countries designated under the
    Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.)
    would be appropriate, the President may include similarly
    revised rules of origin for products of beneficiary countries
    designated under this title in any suggested legislation
    transmitted to the Congress that contains such rules of origin
    for products of beneficiary countries under the Caribbean Basin
    Economic Recovery Act.
        (b) \16\ Exceptions and Special Rules.--
              (1) Certain articles that are not import-sensitive.--
            The President may proclaim duty-free treatment under
            this title for any article described in subparagraph
            (A), (B), (C), or (D) that is the growth, product, or
            manufacture of an ATPDEA beneficiary country, that is
            imported directly into the customs territory of the
            United States from an ATPDEA beneficiary country, and
            that meets the requirements of this section, if the
            President determines that such article is not import-
            sensitive in the context of imports from ATPDEA
            beneficiary countries:
    ---------------------------------------------------------------------------
        \16\ Sec. 3103(a) of the Andean Trade Promotion and Drug
    Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1024)
    amended and restated subsec. (b).
    ---------------------------------------------------------------------------
                      (A) Footwear not designated at the time of
                    the effective date of this title as eligible
                    for purposes of the generalized system of
                    preferences under title V of the Trade Act of
                    1974.
                      (B) Petroleum, or any product derived from
                    petroleum, provided for in headings 2709 and
                    2710 of the HTS.
                      (C) Watches and watch parts (including cases,
                    bracelets and straps), of whatever type
                    including, but not limited to, mechanical,
                    quartz digital or quartz analog, if such
                    watches or watch parts contain any material
                    which is the product of any country with
                    respect to which HTS column 2 rates of duty
                    apply.
                      (D) \17\ Handbags, luggage, flat goods, work
                    gloves, and leather wearing apparel that were
                    not designated on August 5, 1983, as eligible
                    articles for purposes of the generalized system
                    of preferences under title V of the Trade Act
                    of 1974.
    ---------------------------------------------------------------------------
        \17\ Sec. 2003(a) of Public Law 108-429 (118 Stat. 2589) provided
    the following:
        ``(a) In General.--Notwithstanding section 514 of the Tariff Act of
    1930 or any other provision of law, and subject to subsection (c)--
    ---------------------------------------------------------------------------

      ``(1) with respect to any article described in section 204(b)(1)(D) of
    the Andean Trade Preference Act (as amended by section 3103(a)(2) of the
    Trade Act of 2002) for which the President proclaims duty free treatment
    pursuant to section 204(b)(1) of the Andean Trade Preference Act, the entry
    of any such article on or after August 6, 2002, and before the date on
    which the President so proclaims duty free treatment for such article shall
    be subject to the rate of duty applicable on August 5, 2002; and

      ``(2) such entries shall be liquidated or reliquidated as if the reduced
    duty preferential treatment applied, and the Secretary of the Treasury
    shall refund any excess duties paid with respect to such entry.''.

              (2) Exclusions.--Subject to paragraph (3), duty-free
            treatment under this title may not be extended to--
                      (A) textiles and apparel articles which were
                    not eligible articles for purposes of this
                    title on January 1, 1994, as this title was in
                    effect on that date;
                      (B) rum and tafia classified in subheading
                    2208.40 of the HTS;
                      (C) sugars, syrups, and sugar-containing
                    products subject to over-quota duty rates under
                    applicable tariff-rate quotas; or
                      (D) tuna prepared or preserved in any manner
                    in airtight containers, except as provided in
                    paragraph (4).
              (3) Apparel articles and certain textile articles.--
                      (A) In general.--Apparel articles that are
                    imported directly into the customs territory of
                    the United States from an ATPDEA beneficiary
                    country shall enter the United States free of
                    duty and free of any quantitative restrictions,
                    limitations, or consultation levels, but only
                    if such articles are described in subparagraph
                    (B).
                      (B) Covered articles.--The apparel articles
                    referred to in subparagraph (A) are the
                    following:
                              (i) Apparel articles assembled from
                            products of the united states or atpdea
                            beneficiary countries or products not
                            available in commercial quantities.--
                            Apparel articles sewn or otherwise
                            assembled in 1 or more ATPDEA
                            beneficiary countries, or the United
                            States, or both, exclusively from any
                            one or any combination of the
                            following:
                                      (I) Fabrics or fabric
                                    components wholly formed, or
                                    components knit-to-shape, in
                                    the United States, from yarns
                                    wholly formed in the United
                                    States or 1 or more ATPDEA
                                    beneficiary countries
                                    (including fabrics not formed
                                    from yarns, if such fabrics are
                                    classifiable under heading 5602
                                    or 5603 of the HTS and are
                                    formed in the United States).
                                    Apparel articles shall qualify
                                    under this subclause only if
                                    all dyeing, printing, and
                                    finishing of the fabrics from
                                    which the articles are
                                    assembled, if the fabrics are
                                    knit fabrics, is carried out in
                                    the United States. Apparel
                                    articles shall qualify under
                                    this subclause only if all
                                    dyeing, printing, and finishing
                                    of the fabrics from which the
                                    articles are assembled, if the
                                    fabrics are woven fabrics, is
                                    carried out in the United
                                    States.
                                      (II) Fabrics or fabric
                                    components formed or components
                                    knit-to-shape, in 1 or more
                                    ATPDEA beneficiary countries,
                                    from yarns wholly formed in 1
                                    or more ATPDEA beneficiary
                                    countries, if such fabrics
                                    (including fabrics not formed
                                    from yarns, if such fabrics are
                                    classifiable under heading 5602
                                    or 5603 of the HTS and are
                                    formed in 1 or more ATPDEA
                                    beneficiary countries) or
                                    components are in chief value
                                    of llama, alpaca, or vicuna.
                                      (III) Fabrics or yarns, to
                                    the extent that apparel
                                    articles of such fabrics or
                                    yarns would be eligible for
                                    preferential treatment, without
                                    regard to the source of the
                                    fabrics or yarns, under Annex
                                    401 of the NAFTA.
                              (ii) Additional fabrics.--At the
                            request of any interested party, the
                            President is authorized to proclaim
                            additional fabrics and yarns as
                            eligible for preferential treatment
                            under clause (i)(III) if--
                                      (I) the President determines
                                    that such fabrics or yarns
                                    cannot be supplied by the
                                    domestic industry in commercial
                                    quantities in a timely manner;
                                      (II) the President has
                                    obtained advice regarding the
                                    proposed action from the
                                    appropriate advisory committee
                                    established under section 135
                                    of the Trade Act of 1974 (19
                                    U.S.C. 2155) and the United
                                    States International Trade
                                    Commission;
                                      (III) within 60 days after
                                    the request, the President has
                                    submitted a report to the
                                    Committee on Ways and Means of
                                    the House of Representatives
                                    and the Committee on Finance of
                                    the Senate that sets forth the
                                    action proposed to be
                                    proclaimed and the reasons for
                                    such action, and the advice
                                    obtained under subclause (II);
                                      (IV) a period of 60 calendar
                                    days, beginning with the first
                                    day on which the President has
                                    met the requirements of
                                    subclause (III), has expired;
                                    and
                                      (V) the President has
                                    consulted with such committees
                                    regarding the proposed action
                                    during the period referred to
                                    in subclause (III).
                              (iii) Apparel articles assembled in 1
                            or more atpdea beneficiary countries
                            from regional fabrics or regional
                            components.--(I) Subject to the
                            limitation set forth in subclause (II),
                            apparel articles sewn or otherwise
                            assembled in 1 or more ATPDEA
                            beneficiary countries from fabrics or
                            from fabric components formed or from
                            components knit-to-shape, in 1 or more
                            ATPDEA beneficiary countries, from
                            yarns wholly formed in the United
                            States or 1 or more ATPDEA beneficiary
                            countries (including fabrics not formed
                            from yarns, if such fabrics are
                            classifiable under heading 5602 or 5603
                            of the HTS and are formed in 1 or more
                            ATPDEA beneficiary countries), whether
                            or not the apparel articles are also
                            made from any of the fabrics, fabric
                            components formed, or components knit-
                            to-shape described in clause (i)
                            (unless the apparel articles are made
                            exclusively from any of the fabrics,
                            fabric components formed, or components
                            knit-to-shape described in clause (i)).
                              (II) The preferential treatment
                            referred to in subclause (I) shall be
                            extended in the 1-year period beginning
                            October 1, 2002, and in each of the 4
                            succeeding 1-year periods, to imports
                            of apparel articles in an amount not to
                            exceed the applicable percentage of the
                            aggregate square meter equivalents of
                            all apparel articles imported into the
                            United States in the preceding 12-month
                            period for which data are available.
                              (III) For purposes of subclause (II),
                            the term ``applicable percentage''
                            means 2 percent for the 1-year period
                            beginning October 1, 2002, increased in
                            each of the 4 succeeding 1-year periods
                            by equal increments, so that for the
                            period beginning October 1, 2006, the
                            applicable percentage does not exceed 5
                            percent.
                              (iv) Handloomed, handmade, and
                            folklore articles.--A handloomed,
                            handmade, or folklore article of an
                            ATPDEA beneficiary country identified
                            under subparagraph (C) that is
                            certified as such by the competent
                            authority of such beneficiary country.
                              (v) Certain other apparel articles.--
                                      (I) General rule.--Any
                                    apparel article classifiable
                                    under subheading 6212.10 of the
                                    HTS, except for articles
                                    entered under clause (i), (ii),
                                    (iii), or (iv), if the article
                                    is both cut and sewn or
                                    otherwise assembled in the
                                    United States, or one or more
                                    ATPDEA beneficiary countries,
                                    or both.
                                      (II) Limitation.--During the
                                    1-year period beginning on
                                    October 1, 2003, and during
                                    each of the 3 succeeding 1-year
                                    periods, apparel articles
                                    described in subclause (I) of a
                                    producer or an entity
                                    controlling production shall be
                                    eligible for preferential
                                    treatment under this paragraph
                                    only if the aggregate cost of
                                    fabrics (exclusive of all
                                    findings and trimmings) formed
                                    in the United States that are
                                    used in the production of all
                                    such articles of that producer
                                    or entity that are entered and
                                    eligible under this clause
                                    during the preceding 1-year
                                    period is at least 75 percent
                                    of the aggregate declared
                                    customs value of the fabric
                                    (exclusive of all findings and
                                    trimmings) contained in all
                                    such articles of that producer
                                    or entity that are entered and
                                    eligible under this clause
                                    during the preceding 1-year
                                    period.
                                      (III) Development of
                                    procedure to ensure
                                    compliance.--The United States
                                    Customs Service shall develop
                                    and implement methods and
                                    procedures to ensure ongoing
                                    compliance with the requirement
                                    set forth in subclause (II). If
                                    the Customs Service finds that
                                    a producer or an entity
                                    controlling production has not
                                    satisfied such requirement in a
                                    1-year period, then apparel
                                    articles described in subclause
                                    (I) of that producer or entity
                                    shall be ineligible for
                                    preferential treatment under
                                    this paragraph during any
                                    succeeding 1-year period until
                                    the aggregate cost of fabrics
                                    (exclusive of all findings and
                                    trimmings) formed in the United
                                    States that are used in the
                                    production of such articles of
                                    that producer or entity entered
                                    during the preceding 1-year
                                    period is at least 85 percent
                                    of the aggregate declared
                                    customs value of the fabric
                                    (exclusive of all findings and
                                    trimmings) contained in all
                                    such articles of that producer
                                    or entity that are entered and
                                    eligible under this clause
                                    during the preceding 1-year
                                    period.
                              (vi) Special rules.--
                                      (I) Exception for findings
                                    and trimmings.--An article
                                    otherwise eligible for
                                    preferential treatment under
                                    this paragraph shall not be
                                    ineligible for such treatment
                                    because the article contains
                                    findings or trimmings of
                                    foreign origin, if such
                                    findings and trimmings do not
                                    exceed 25 percent of the cost
                                    of the components of the
                                    assembled product. Examples of
                                    findings and trimmings are
                                    sewing thread, hooks and eyes,
                                    snaps, buttons, ``bow buds'',
                                    decorative lace, trim, elastic
                                    strips, zippers, including
                                    zipper tapes and labels, and
                                    other similar products.
                                      (II) Certain interlining.--
                                    (aa) An article otherwise
                                    eligible for preferential
                                    treatment under this paragraph
                                    shall not be ineligible for
                                    such treatment because the
                                    article contains certain
                                    interlinings of foreign origin,
                                    if the value of such
                                    interlinings (and any findings
                                    and trimmings) does not exceed
                                    25 percent of the cost of the
                                    components of the assembled
                                    article.
                                      (bb) Interlinings eligible
                                    for the treatment described in
                                    division (aa) include only a
                                    chest type plate, ``hymo''
                                    piece, or ``sleeve header'', of
                                    woven or weft-inserted warp
                                    knit construction and of coarse
                                    animal hair or man-made
                                    filaments.
                                      (cc) The treatment described
                                    in this subclause shall
                                    terminate if the President
                                    makes a determination that
                                    United States manufacturers are
                                    producing such interlinings in
                                    the United States in commercial
                                    quantities.
                                      (III) De minimis rule.--An
                                    article that would otherwise be
                                    ineligible for preferential
                                    treatment under this
                                    subparagraph because the
                                    article contains yarns not
                                    wholly formed in the United
                                    States or in one or more ATPDEA
                                    beneficiary countries shall not
                                    be ineligible for such
                                    treatment if the total weight
                                    of all such yarns is not more
                                    than 7 percent of the total
                                    weight of the good.
                                      (IV) Special origin rule.--An
                                    article otherwise eligible for
                                    preferential treatment under
                                    clause (i) or (iii) shall not
                                    be ineligible for such
                                    treatment because the article
                                    contains nylon filament yarn
                                    (other than elastomeric yarn)
                                    that is classifiable under
                                    subheading 5402.10.30,
                                    5402.10.60, 5402.31.30,
                                    5402.31.60, 5402.32.30,
                                    5402.32.60, 5402.41.10,
                                    5402.41.90, 5402.51.00, or
                                    5402.61.00 of the HTS from a
                                    country that is a party to an
                                    agreement with the United
                                    States establishing a free
                                    trade area, which entered into
                                    force before January 1, 1995.
                              (vii) Textile luggage.--Textile
                            luggage--
                                      (I) assembled in an ATPDEA
                                    beneficiary country from fabric
                                    wholly formed and cut in the
                                    United States, from yarns
                                    wholly formed in the United
                                    States, that is entered under
                                    subheading 9802.00.80 of the
                                    HTS; or
                                      (II) assembled from fabric
                                    cut in an ATPDEA beneficiary
                                    country from fabric wholly
                                    formed in the United States
                                    from yarns wholly formed in the
                                    United States.
                      (C) Handloomed, handmade, and folklore
                    articles.--For purposes of subparagraph
                    (B)(iv), the President shall consult with
                    representatives of the ATPDEA beneficiary
                    countries concerned for the purpose of
                    identifying particular textile and apparel
                    goods that are mutually agreed upon as being
                    handloomed, handmade, or folklore goods of a
                    kind described in section 2.3(a), (b), or (c)
                    of the Annex or Appendix 3.1.B.11 of the Annex.
                      (D) Penalties for transshipment.--
                              (i) Penalties for exporters.--If the
                            President determines, based on
                            sufficient evidence, that an exporter
                            has engaged in transshipment with
                            respect to apparel articles from an
                            ATPDEA beneficiary country, then the
                            President shall deny all benefits under
                            this title to such exporter, and any
                            successor of such exporter, for a
                            period of 2 years.
                              (ii) Penalties for countries.--
                            Whenever the President finds, based on
                            sufficient evidence, that transshipment
                            has occurred, the President shall
                            request that the ATPDEA beneficiary
                            country or countries through whose
                            territory the transshipment has
                            occurred take all necessary and
                            appropriate actions to prevent such
                            transshipment. If the President
                            determines that a country is not taking
                            such actions, the President shall
                            reduce the quantities of apparel
                            articles that may be imported into the
                            United States from such country by the
                            quantity of the transshipped articles
                            multiplied by 3, to the extent
                            consistent with the obligations of the
                            United States under the WTO.
                              (iii) Transshipment described.--
                            Transshipment within the meaning of
                            this subparagraph has occurred when
                            preferential treatment under
                            subparagraph (A) has been claimed for
                            an apparel article on the basis of
                            material false information concerning
                            the country of origin, manufacture,
                            processing, or assembly of the article
                            or any of its components. For purposes
                            of this clause, false information is
                            material if disclosure of the true
                            information would mean or would have
                            meant that the article is or was
                            ineligible for preferential treatment
                            under subparagraph (A).
                      (E) Bilateral emergency actions.--
                              (i) In general.--The President may
                            take bilateral emergency tariff actions
                            of a kind described in section 4 of the
                            Annex with respect to any apparel
                            article imported from an ATPDEA
                            beneficiary country if the application
                            of tariff treatment under subparagraph
                            (A) to such article results in
                            conditions that would be cause for the
                            taking of such actions under such
                            section 4 with respect to a like
                            article described in the same 8-digit
                            subheading of the HTS that is imported
                            from Mexico.
                              (ii) Rules relating to bilateral
                            emergency action.--For purposes of
                            applying bilateral emergency action
                            under this subparagraph--
                                      (I) the requirements of
                                    paragraph (5) of section 4 of
                                    the Annex (relating to
                                    providing compensation) shall
                                    not apply;
                                      (II) the term `transition
                                    period' in section 4 of the
                                    Annex shall mean the period
                                    ending December 31, 2006; and
                                      (III) the requirements to
                                    consult specified in section 4
                                    of the Annex shall be treated
                                    as satisfied if the President
                                    requests consultations with the
                                    ATPDEA beneficiary country in
                                    question and the country does
                                    not agree to consult within the
                                    time period specified under
                                    section 4 of the Annex.
              (4) Tuna.--
                      (A) General rule.--Tuna that is harvested by
                    United States vessels or ATPDEA beneficiary
                    country vessels, that is prepared or preserved
                    in any manner, in an ATPDEA beneficiary
                    country, in foil or other flexible airtight
                    containers weighing with their contents not
                    more than 6.8 kilograms each, and that is
                    imported directly into the customs territory of
                    the United States from an ATPDEA beneficiary
                    country, shall enter the United States free of
                    duty and free of any quantitative restrictions.
                      (B) Definitions.--In this paragraph--
                              (i) \18\ United states vessel.--A
                            ``United States vessel'' is--
    ---------------------------------------------------------------------------
        \18\ Sec. 2004(e) of Public law 108-429 (118 Stat. 2593) amended
    and restated clause (i). It previously read as follows:
        ``(i) United states vessel.--A `United States vessel' is a vessel
    having a certificate of documentation with a fishery endorsement under
    chapter 121 of title 46, United States Code.''.
    ---------------------------------------------------------------------------
                                      (I) a vessel that has a
                                    certificate of documentation
                                    with a fishery endorsement
                                    under chapter 121 of title 46,
                                    United States Code; or
                                      (II) in the case of a vessel
                                    without a fishery endorsement,
                                    a vessel that is documented
                                    under the laws of the United
                                    States and for which a license
                                    has been issued pursuant to
                                    section 9 of the South Pacific
                                    Tuna Act of 1988 (16 U.S.C.
                                    973g).
                              (ii) ATPDEA vessel.--An ``ATPDEA
                            vessel'' is a vessel--
                                      (I) which is registered or
                                    recorded in an ATPDEA
                                    beneficiary country;
                                      (II) which sails under the
                                    flag of an ATPDEA beneficiary
                                    country;
                                      (III) which is at least 75
                                    percent owned by nationals of
                                    an ATPDEA beneficiary country
                                    or by a company having its
                                    principal place of business in
                                    an ATPDEA beneficiary country,
                                    of which the manager or
                                    managers, chairman of the board
                                    of directors or of the
                                    supervisory board, and the
                                    majority of the members of such
                                    boards are nationals of an
                                    ATPDEA beneficiary country and
                                    of which, in the case of a
                                    company, at least 50 percent of
                                    the capital is owned by an
                                    ATPDEA beneficiary country or
                                    by public bodies or nationals
                                    of an ATPDEA beneficiary
                                    country;
                                      (IV) of which the master and
                                    officers are nationals of an
                                    ATPDEA beneficiary country; and
                                      (V) of which at least 75
                                    percent of the crew are
                                    nationals of an ATPDEA
                                    beneficiary country.
              (5) Customs procedures.--
                      (A) In general.--
                              (i) Regulations.--Any importer that
                            claims preferential treatment under
                            paragraph (1), (3), or (4) shall comply
                            with customs procedures similar in all
                            material respects to the requirements
                            of Article 502(1) of the NAFTA as
                            implemented pursuant to United States
                            law, in accordance with regulations
                            promulgated by the Secretary of the
                            Treasury.
                              (ii) Determination.--
                                      (I) In general.--In order to
                                    qualify for the preferential
                                    treatment under paragraph (1),
                                    (3), or (4) and for a
                                    Certificate of Origin to be
                                    valid with respect to any
                                    article for which such
                                    treatment is claimed, there
                                    shall be in effect a
                                    determination by the President
                                    that each country described in
                                    subclause (II)--
                                              (aa) has implemented
                                            and follows, or
                                              (bb) is making
                                            substantial progress
                                            toward implementing and
                                            following,
                                    procedures and requirements
                                    similar in all material
                                    respects to the relevant
                                    procedures and requirements
                                    under chapter 5 of the NAFTA.
                                      (II) Country described.--A
                                    country is described in this
                                    subclause if it is an ATPDEA
                                    beneficiary country--
                                              (aa) from which the
                                            article is exported; or
                                              (bb) in which
                                            materials used in the
                                            production of the
                                            article originate or in
                                            which the article or
                                            such materials undergo
                                            production that
                                            contributes to a claim
                                            that the article is
                                            eligible for
                                            preferential treatment
                                            under paragraph (1),
                                            (3), or (4).
                      (B) Certificate of origin.--The Certificate
                    of Origin that otherwise would be required
                    pursuant to the provisions of subparagraph (A)
                    shall not be required in the case of an article
                    imported under paragraph (1), (3), or (4) if
                    such Certificate of Origin would not be
                    required under Article 503 of the NAFTA (as
                    implemented pursuant to United States law), if
                    the article were imported from Mexico.
                      (C) Report on cooperation of atpdea countries
                    concerning circumvention.--The United States
                    Commissioner of Customs shall conduct a study
                    analyzing the extent to which each ATPDEA
                    beneficiary country--
                              (i) has cooperated fully with the
                            United States, consistent with its
                            domestic laws and procedures, in
                            instances of circumvention or alleged
                            circumvention of existing quotas on
                            imports of textile and apparel goods,
                            to establish necessary relevant facts
                            in the places of import, export, and,
                            where applicable, transshipment,
                            including investigation of
                            circumvention practices, exchanges of
                            documents, correspondence, reports, and
                            other relevant information, to the
                            extent such information is available;
                              (ii) has taken appropriate measures,
                            consistent with its domestic laws and
                            procedures, against exporters and
                            importers involved in instances of
                            false declaration concerning
                            quantities, description,
                            classification, or origin of textile
                            and apparel goods; and
                              (iii) has penalized the individuals
                            and entities involved in any such
                            circumvention, consistent with its
                            domestic laws and procedures, and has
                            worked closely to seek the cooperation
                            of any third country to prevent such
                            circumvention from taking place in that
                            third country.
                    The Commissioner of Customs shall submit to the
                    Congress, not later than October 1, 2003, a
                    report on the study conducted under this
                    subparagraph.
              (6) Definitions.--In this subsection--
                      (A) Annex.--The term ``the Annex'' means
                    Annex 300-B of the NAFTA.
                      (B) ATPDEA beneficiary country.--The term
                    ``ATPDEA beneficiary country'' means any
                    ``beneficiary country'', as defined in section
                    203(a)(1) of this title, which the President
                    designates as an ATPDEA beneficiary country,
                    taking into account the criteria contained in
                    subsections (c) and (d) of section 203 and
                    other appropriate criteria, including the
                    following:
                              (i) Whether the beneficiary country
                            has demonstrated a commitment to--
                                      (I) undertake its obligations
                                    under the WTO, including those
                                    agreements listed in section
                                    101(d) of the Uruguay Round
                                    Agreements Act, on or ahead of
                                    schedule; and
                                      (II) participate in
                                    negotiations toward the
                                    completion of the FTAA or
                                    another free trade agreement.
                              (ii) The extent to which the country
                            provides protection of intellectual
                            property rights consistent with or
                            greater than the protection afforded
                            under the Agreement on Trade-Related
                            Aspects of Intellectual Property Rights
                            described in section 101(d)(15) of the
                            Uruguay Round Agreements Act.
                              (iii) The extent to which the country
                            provides internationally recognized
                            worker rights, including--
                                      (I) the right of association;
                                      (II) the right to organize
                                    and bargain collectively;
                                      (III) a prohibition on the
                                    use of any form of forced or
                                    compulsory labor;
                                      (IV) a minimum age for the
                                    employment of children; and
                                      (V) acceptable conditions of
                                    work with respect to minimum
                                    wages, hours of work, and
                                    occupational safety and health.
                              (iv) Whether the country has
                            implemented its commitments to
                            eliminate the worst forms of child
                            labor, as defined in section 507(6) of
                            the Trade Act of 1974.
                              (v) The extent to which the country
                            has met the counternarcotics
                            certification criteria set forth in
                            section 490 of the Foreign Assistance
                            Act of 1961 (22 U.S.C. 2291j) for
                            eligibility for United States
                            assistance.
                              (vi) The extent to which the country
                            has taken steps to become a party to
                            and implements the Inter-American
                            Convention Against Corruption.
                              (vii) The extent to which the
                            country--
                                      (I) applies transparent,
                                    nondiscriminatory, and
                                    competitive procedures in
                                    government procurement
                                    equivalent to those contained
                                    in the Agreement on Government
                                    Procurement described in
                                    section 101(d)(17) of the
                                    Uruguay Round Agreements Act;
                                    and
                                      (II) contributes to efforts
                                    in international fora to
                                    develop and implement
                                    international rules in
                                    transparency in government
                                    procurement.
                              (viii) The extent to which the
                            country has taken steps to support the
                            efforts of the United States to combat
                            terrorism.
                      (C) NAFTA.--The term ``NAFTA'' means the
                    North American Free Trade Agreement entered
                    into between the United States, Mexico, and
                    Canada on December 17, 1992.
                      (D) WTO.--The term ``WTO'' has the meaning
                    given that term in section 2 of the Uruguay
                    Round Agreements Act (19 U.S.C. 3501).
                      (E) ATPDEA.--The term ``ATPDEA'' means the
                    Andean Trade Promotion and Drug Eradication
                    Act.
                      (F) FTAA.--The term ``FTAA'' means the Free
                    Trade Area for the Americas.
        (c) \19\ Suspension of Duty-Free Treatment.--(1) The
    President may by proclamation suspend the duty-free treatment
    provided by this title with respect to any eligible article and
    may proclaim a duty rate for such article if such action is
    proclaimed under chapter 1 of title II of the Trade Act of 1974
    or section 232 of the Trade Expansion Act of 1962.
    ---------------------------------------------------------------------------
        \19\ Sec. 3103(a) of the Andean Trade Promotion and Drug
    Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1024)
    deleted subsec. (c) and redesignated subsecs. (d) through (g) as
    subsecs. (c) through (f).
    ---------------------------------------------------------------------------
        (2) In any report by the United States International Trade
    Commission to the President under section 202(f) of the Trade
    Act of 1974 regarding any article for which duty-free treatment
    has been proclaimed by the President pursuant to this title,
    the Commission shall state whether and to what extent its
    findings and recommendations apply to such article when
    imported from beneficiary countries.
        (3) For purposes of section 203 of the Trade Act of 1974,
    the suspension of the duty-free treatment provided by this
    title shall be treated as an increase in duty.
        (4) No proclamation providing solely for a suspension
    referred to in paragraph (3) of this subsection with respect to
    any article shall be taken under section 203 of the Trade Act
    of 1974 unless the United States International Trade
    Commission, in addition to making an affirmative determination
    with respect to such article under section 202(b) of the Trade
    Act of 1974, determines in the course of its investigation
    under such section that the serious injury (or threat thereof)
    substantially caused by imports to the domestic industry
    producing a like or directly competitive article results from
    the duty-free treatment provided by this title.
        (5)(A) Any action taken under section 203 of the Trade Act
    of 1974 that is in effect when duty-free treatment is
    proclaimed under section 202 of this title shall remain in
    effect until modified or terminated.
        (B) If any article is subject to any such action at the
    time duty-free treatment is proclaimed under section 202 of
    this title, the President may reduce or terminate the
    application of such action to the importation of such article
    from beneficiary countries prior to the otherwise scheduled
    date on which such reduction or termination would occur
    pursuant to the criteria and procedures of section 204 of the
    Trade Act of 1974.
        (d) \19\ Emergency Relief With Respect to Perishable
    Products.--(1) If a petition is filed with the United States
    International Trade Commission pursuant to the provisions of
    section 201 of the Trade Act of 1974 regarding a perishable
    product and alleging injury from imports from beneficiary
    countries, then the petition may also be filed with the
    Secretary of Agriculture with a request that emergency relief
    be granted pursuant to paragraph (3) of this subsection with
    respect to such article.
        (2) Within 14 days after the filing of a petition under
    paragraph (1) of this subsection--
              (A) if the Secretary of Agriculture has reason to
            believe that a perishable product from a beneficiary
            country is being imported into the United States in
            such increased quantities as to be a substantial cause
            of serious injury, or the threat thereof, to the
            domestic industry producing a perishable product like
            or directly competitive with the imported product and
            that emergency action is warranted, he shall advise the
            President and recommend that the President take
            emergency action; or
              (B) the Secretary of Agriculture shall publish a
            notice of his determination not to recommend the
            imposition of emergency action and so advise the
            petitioner.
        (3) Within 7 days after the President receives a
    recommendation from the Secretary of Agriculture to take
    emergency action pursuant to paragraph (2) of this subsection,
    he shall issue a proclamation withdrawing the duty-free
    treatment provided by this title or publish a notice of his
    determination not to take emergency action.
        (4) The emergency action provided by paragraph (3) of this
    subsection shall cease to apply--
              (A) upon the taking of action under section 203 of
            the Trade Act of 1974,
              (B) on the day a determination by the President not
            to take action under section 203(b)(2) of such Act
            becomes final,
              (C) in the event of a report of the United States
            International Trade Commission containing a negative
            finding, on the day of the Commission's report is
            submitted to the President, or
              (D) whenever the President determines that because of
            changed circumstances such relief is no longer
            warranted.
        (5) For purposes of this subsection, the term ``perishable
    product' means--
              (A) live plants and fresh cut flowers provided for in
            chapter 6 of the HTS;
              (B) fresh or chilled vegetables provided for in
            headings 0701 through 0709 (except subheading
            0709.52.00) and heading 0714 of the HTS;
              (C) fresh fruit provided for in subheadings 0804.20
            through 0810.90 (except citrons of subheadings
            0805.90.00, tamarinds and kiwi fruit of subheading
            0810.90.20, and cashew apples, mameyes colorados,
            sapodillas, soursops and sweetsops of subheading
            0810.90.40) of the HTS; or
              (D) concentrated citrus fruit juice provided for in
            subheadings 2009.11.00, 2009.19.40, 2009.20.40,
            2009.30.20, and 2009.30.60 of the HTS.
        (e) \19\ Section 22 Fees.--No proclamation issued pursuant
    to this title shall affect fees imposed pursuant to section 22
    of the Agricultural Adjustment Act of 1933 (7 U.S.C. 624).
        (f) \20\ Tariff-Rate Quotas.--No quantity of an
    agricultural product subject to a tariff-rate quota that
    exceeds the in-quota quantity shall be eligible for duty-free
    treatment under this Act.
    ---------------------------------------------------------------------------
        \20\ Sec. 404(e)(2) of Public Law 103-465 (108 Stat. 4961) added
    subsec. (g). Subsequently, Sec. 3103(a) of the Andean Trade Promotion
    and Drug Eradication Act (title XXXI of Public Law 107-210; 116 Stat.
    1024) redesignated subsec. (g) as subsec. (f).
    ---------------------------------------------------------------------------

    SEC. 205. RELATED AMENDMENTS.

        (a) Increase in Duty-Free Tourist Allowance.--Note 4 to
    subchapter IV of chapter 98 of the HTS is amended by inserting
    before the period the following: ``or a country designated as a
    beneficiary country under the Andean Trade Preference Act''.
        (b) Treatment of Insular Possessions Products.--General
    Note 3(a)(iv) of the HTS (relating to products of the insular
    possessions) is amended by adding at the end thereof the
    following:
              ``(E) Subject to the provisions in section 204 of the
            Andean Trade Preference Act, goods which are imported
            from insular possessions of the United States shall
            receive duty treatment no less favorable than the
            treatment afforded such goods when they are imported
            from a beneficiary country under such Act.''.

    SEC. 206.\21\ INTERNATIONAL TRADE COMMISSION REPORTS ON IMPACT OF THE
                        ANDEAN TRADE PREFERENCE ACT.

      (a) Reporting Requirements.--
    ---------------------------------------------------------------------------
        \21\ 19 U.S.C. 3204. Sec. 211(d)(2) of Public Law 106-200 (114
    Stat. 287) amended subsec. (a). It previously read as follows:
        ``(a) In General.--The United States International Trade Commission
    (hereinafter in this section referred to as the `Commission') shall
    prepare, and submit to the Congress, a report regarding the economic
    impact of this title on United States industries and consumers, and, in
    conjunction with other agencies, the effectiveness of this title in
    promoting drug-related crop eradication and crop substitution efforts
    of the beneficiary countries, during--
    ---------------------------------------------------------------------------

      ``(1) the 24-month period beginning with the date of enactment of this
    title; and

      ``(2) each calendar year occurring thereafter until duty-free treatment
    under this title is terminated under section 208(b). For purposes of this
    section, industries in the Commonwealth of Puerto Rico and the insular
    possessions of the United States shall be considered to be United States
    industries.''.

              (1) In general.--The United States International
            Trade Commission (in this section referred to as the
            `Commission') shall submit to Congress and the
            President biennial reports regarding the economic
            impact of this title on United States industries and
            consumers, and, in conjunction with other agencies, the
            effectiveness of this title in promoting drug-related
            crop eradication and crop substitution efforts of the
            beneficiary countries.
              (2) Submission.--During the period that this title is
            in effect, the report required by paragraph (1) shall
            be submitted on December 31 of each year that the
            report required by section 215 of the Caribbean Basin
            Economic Recovery Act is not submitted.
              (3) Treatment of puerto rico, etc.--For purposes of
            this section, industries in the Commonwealth of Puerto
            Rico and the insular possessions of the United States
            are considered to be United States industries.''.
        (b) Report Requirements.--(1) Each report required under
    subsection (a) shall include, but not be limited to, an
    assessment by the Commission regarding--
              (A) the actual effect, during the period covered by
            the report, of this title on the United States economy
            generally as well as on those specific domestic
            industries which produce articles that are like, or
            directly competitive with, articles being imported into
            the United States from beneficiary countries;
              (B) the probable future effect that this title will
            have on the United States economy generally, as well as
            on such domestic industries, before the provisions of
            this title terminate; and
              (C) the estimated effect that this title has had on
            the drug-related crop eradication and crop substitution
            efforts of the beneficiary countries.
        (2) In preparing the assessments required under paragraph
    (1), the Commission shall, to the extent practicable--
              (A) analyze the production, trade and consumption of
            United States products affected by this title, taking
            into consideration employment, profit levels, and use
            of productive facilities with respect to the domestic
            industries concerned, and such other economic factors
            in such industries as it considers relevant, including
            prices, wages, sales, inventories, patterns of demand,
            capital investment, obsolescence of equipment, and
            diversification of production; and
              (B) describe the nature and extent of any significant
            change in employment, profit levels, and use of
            productive facilities, and such other conditions as it
            deems relevant in the domestic industries concerned,
            which it believes are attributable to this title.
        (c) Submission Dates; Public Comment.--(1) Each report
    required under subsection (a) shall be submitted to the
    Congress before the close of the 9-month period beginning on
    the day after the last day of the period covered by the report.
        (2) The Commission shall provide an opportunity for the
    submission by the public, either orally or in writing, or both,
    of information relating to matters that will be addressed in
    the reports.

    SEC. 207.\22\ IMPACT STUDY BY SECRETARY OF LABOR.

        The Secretary of Labor, in consultation with other
    appropriate Federal agencies, shall undertake a continuing
    review and analysis of the impact that the implementation of
    the provisions of this title has with respect to United States
    labor; and shall make an annual written report to Congress on
    the results of such review and analysis.
    ---------------------------------------------------------------------------
        \22\ 19 U.S.C. 3205.
    ---------------------------------------------------------------------------

    SEC. 208.\23\ TERMINATION OF PREFERENTIAL TREATMENT.

        No duty-free treatment or other preferential treatment
    extended to beneficiary countries under this title shall remain
    in effect after December 31, 2006.
    ---------------------------------------------------------------------------
        \23\ 19 U.S.C. 3206. Sec. 3104(a) of the Andean Trade Promotion and
    Drug Eradication Act (title XXXI of Public Law 107-210; 116 Stat. 1034)
    amended and restated sec. 208, which formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 208. effective date and termination of duty-free treatment.
    ---------------------------------------------------------------------------

        ``(a) Effective Date.--This title shall take effect on the date of
    enactment.
        ``(b) Termination of Duty-Free Treatment.--No duty-free treatment
    extended to beneficiary countries under this title shall remain in
    effect 10 years after the date of the enactment of this title.''.
        In addition, sec. 3104(b) of that Act provided the following:
        ``(b) Retraoactive Application for Certain Liquidations and
    Reliquidations.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Notwithstanding section 514 of the Tariff Act of 1930
    or any other provision of law, and subject to paragraph (3), the entry--

      ``(A) of any article to which duty-free treatment (or preferential
    treatment) under the Andean Trade PreferenceAct (19 U.S.C. 3201 et seq.)
    would have applied if the entry had been made on December 4, 2001, and

      ``(B) that was made after December 4, 2001, and before the date of the
    enactment of this Act,

    shall be liquidated or reliquidated as if such duty-free treatment (or
    preferential treatment) applied, and the Secretary of the Treasury shall
    refund any duty paid with respect to such entry.

      ``(2) Entry.--As used in this subsection, the term `entry' includes a
    withdrawal from warehouse for consumption.

      ``(3) Requests.--Liquidation or reliquidation may be made under paragraph
    (1) with respect to an entry only if a request therefor is filed with the
    Customs Service, within 180 days after the date of the enactment of this
    Act, that contains sufficient information to enable the Customs Service--

      ``(A) to locate the entry; or

      ``(B) to reconstruct the entry if it cannot be located.''.
          (7) Caribbean Basin Economic Recovery Expansion Act of 1990

      Title II of Public Law 101-382 [Customs and Trade Act of 1990; H.R.
             1594], 104 Stat. 629 at 655, approved August 20, 1990

      AN ACT To make miscellaneous and technical changes to various trade
                                     laws.

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

                  TITLE II--CARIBBEAN BASIN ECONOMIC RECOVERY

                      Subtitle A--Short Title and Findings

    SEC. 201.\1\ SHORT TITLE.

        This title may be cited as the ``Caribbean Basin Economic
    Recovery Expansion Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2701 note.
    ---------------------------------------------------------------------------

    SEC. 202.\1\ CONGRESSIONAL FINDINGS.

        The Congress finds that--
              (1) a stable political and economic climate in the
            Caribbean region is necessary for the development of
            the countries in that region and for the security and
            economic interests of the United States;
              (2) the Caribbean Basin Economic Recovery Act was
            enacted in 1983 to assist in the achievement of such a
            climate by stimulating the development of the export
            potential of the region; and
              (3) the commitment of the United States to the
            successful development of the region, as evidenced by
            the enactment of the Caribbean Basin Economic Recovery
            Act, should be reaffirmed, and further strengthened, by
            amending that Act to improve its operation.

    Subtitle B--Amendments to the Caribbean Basin Economic Recovery Act and
                             Related Provisions \2\

              * * * * * * *
    ---------------------------------------------------------------------------
        \2\ See Caribbean Basin Economic Recovery Act beginning at page
    1023. This subtitle also amended the Harmonized Tariff Schedule of the
    United States, Tariff Act of 1930, Steel Trade Liberalization Program
    Implementation Act, Trade Act of 1974, and Internal Revenue Code of
    1986.
    ---------------------------------------------------------------------------

    SEC. 216. APPLICATION OF ACT IN EASTERN CARIBBEAN AREA.

        It is the sense of the Congress that there should be
    undertaken special efforts in order to improve the ability of
    the Organization of Eastern Caribbean States countries and
    Belize to benefit from the Caribbean Basin Economic Recovery
    Act.

            Subtitle C--Scholarship Assistance and Tourism Promotion

    SEC. 231.\3\ COOPERATIVE PUBLIC AND PRIVATE SECTOR PROGRAM FOR
                        PROVIDING SCHOLARSHIPS TO STUDENTS FROM THE
                        CARIBBEAN AND CENTRAL AMERICA.

        (a) Statement of Purpose.--It is the purpose of this
    section to encourage the establishment of partnerships between
    State governments, universities, community colleges, and
    businesses to support scholarships for talented socially and
    economically disadvantaged students from eligible countries in
    the Caribbean and Central America to study in the United States
    in order to--
    ---------------------------------------------------------------------------
        \3\ 20 U.S.C. 226.
    ---------------------------------------------------------------------------
              (1) improve the diversity and quality of educational
            opportunities for such students;
              (2) assist the development efforts of eligible
            countries by providing training and educational
            assistance to persons who can help address the social
            and economic needs of these countries;
              (3) expand opportunities for cross-cultural studies
            and exchanges and improve the exchange of understanding
            and principles of democracy;
              (4) promote positive and productive relationships
            between the United States and its neighbor countries in
            the Caribbean and Central American regions;
              (5) give added visibility and focus to the
            ``scholarship diplomacy'' efforts of the United State
            Government by leveraging the monies available for this
            purpose through the development of partnerships among
            Federal, State, and local governments and the business
            and academic communities; and
              (6) promote community involvement with the
            scholarship program as a tool for broadening and
            strengthening the ``American experience'' for foreign
            students.
        (b) Establishment of Scholarship Program.--The
    Administrator of the Agency for International Development shall
    establish and administer a program of scholarship assistance,
    in cooperation with State governments, universities, community
    colleges, and businesses, to provide scholarships to enable
    countries in the Caribbean and Central America to study in the
    United States.
        (c) Grants to States.--In carrying out this section, the
    Administrator may make grants to States to provide scholarship
    assistance for undergraduate degree programs and for training
    programs of one year or longer in study areas related to the
    critical development needs of the students' respective
    countries.
        (d) Agreement With States.--The Administrator and each
    participating State shall agree on a program regarding the
    educational opportunities available within the State, the
    selection and assignment of scholarship recipients, and related
    issues. To the maximum extent practicable, each State shall be
    given flexibility in designing its program.
        (e) Federal Share.--The Federal share for each year for
    which a State receives payments under this section shall be not
    less than 50 percent.
        (f) Non-Federal Share.--The non-Federal share of payments
    under this section may be in cash, including the waiver of
    tuition or the offering of in-State tuition or housing waivers
    or subsidies, or in-kind fairly evaluated, including the
    provision of books or supplies.
        (g) Forgiveness of Scholarship Assistance.--The obligation
    of any recipient to reimburse any entity for any or all
    scholarship assistance provided under this section shall be
    forgiven upon the recipient's prompt return to his or her
    country of domicile for a period which is at least one year
    longer than the period spent studying in the United States with
    scholarship assistance.
        (h) Private Sector Participation.--To the maximum extent
    practicable, each participating State shall enlist the
    assistance of the private sector to enable the State to meet
    the non-Federal share of payments under this section. Wherever
    appropriate, each participating State shall encourage the
    private sector to offer internships or other opportunities
    consistent with the purposes of this section to students
    receiving scholarships under this section.
        (i) Funding.--Any funds used in carrying out this section
    shall be derived from funds allocated for Latin American and
    Caribbean regional programs under chapter 4 of part II of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following;
    relating to the economic support fund).
        (j) Definitions.--As used in this section--
              (1) The term ``eligible country'' means any country--
                      (A) which is receiving assistance under
                    chapter 1 of part I of the Foreign Assistance
                    Act of 1961 (22 U.S.C. 2151 and following;;
                    relating to development assistance) or chapter
                    4 of part II of that Act (22 U.S.C. 2346 and
                    following; relating to the economic support
                    fund); and
                      (B) which is designated by the President as a
                    beneficiary country pursuant to the Caribbean
                    Basin Economic Recovery Act.
              (2) The term ``State'' means each of the several
            States, the District of Columbia, the Commonwealth of
            Puerto Rico, Guam, American Samoa, the Virgin Islands,
            the Trust Territory of the Pacific Islands, and the
            Commonwealth of the Northern Mariana Islands.

    SEC. 232. PROMOTION OF TOURISM.

        (a) Congressional Finding.--The Congress finds that the
    tourism industry must be recognized as a central element in the
    economic development and political stability of the Caribbean
    Basin region because of the potential that the industry has for
    increasing employment and foreign exchange earnings,
    establishing important linkages with other related sectors, and
    having a positive complementary effect on trade with the United
    States.
        (b) Federal Agency Priority.--It is the sense of the
    Congress that increased tourism and related activities should
    be developed in the Caribbean Basin region as a central part of
    the Caribbean Basin Initiative program and, to that end, the
    appropriate agencies of the United States Government should
    assign a high priority to projects that promote the tourism
    industry in the Caribbean Basin.
        (c) Study.--The Secretary of Commerce shall complete the
    study begun in 1986 regarding tourism development strategies
    for the Caribbean Basin region. The study shall include--
              (1) information on the mutual benefits received by
            the United States and the Caribbean Basin economies as
            a result of tourist activity in the area; and
              (2) proposals for developing increased linkages
            between the tourism industry and local industries in
            the region such as the agrobusiness.\4\
    ---------------------------------------------------------------------------
        \4\ Should probably read ``agribusiness''.
    ---------------------------------------------------------------------------

    SEC. 233.\5\ PILOT PRECLEARANCE PROGRAM.

        (a) Establishment of Program.--Subject to subsection (b),
    the Commissioner of Customs shall carry out, during fiscal
    years 1991 and 1992, preclearance operations at a facility of
    the United States Customs Service in a country within the
    Caribbean Basin which the Commissioner of Customs considers
    appropriate for testing the extent to which the availability of
    preclearance operations can assist in the development of
    tourism.
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 2071 note.
    ---------------------------------------------------------------------------
        (b) Restrictions Regarding Program.--
              (1) The Commissioner of Customs may not consider a
            country within the Caribbean Basin to be appropriate
            for the testing referred to in subsection (a) if
            preclearance operations are currently carried out by
            the United States Customs Service in that country.
              (2) Preclearance operations may not be commenced in
            the country selected for testing under subsection (a)
            unless the commissioner of Customs and the Commissioner
            of Immigration and Naturalization jointly certify
            that--
                      (A) there exists a bilateral agreement
                    between the United States Government and the
                    government of such country which protects the
                    interests of the United States and affords
                    diplomatic protection to United States
                    employees working at the preclearance location;
                      (B) the facilities at the preclearance
                    location conform to Federal Inspection Services
                    standards and are suitable for the duties to be
                    performed therein;
                      (C) there is adequate security around the
                    structure used for the reception of
                    international arrivals;
                      (D) the government of such country grants the
                    United States Customs Service and the United
                    States Immigration and Naturalization Service
                    appropriate search, seizure, and arrest
                    authority; and
                      (E) United State employees and their families
                    will not be subject to fear of reprisal, acts
                    of terrorism, and threats of intimidation.
              (3) In determining the country in which to establish
            the operation described in paragraph (1), the
            Commission of Customs and the Commissioner of
            Immigration and Naturalization shall first determine
            the viability of establishing such operations in either
            Aruba or Jamaica. If the Commissioners determine, after
            full consultation with the governments of such
            countries, that it is not viable to establish pre-
            clearance operations in either Aruba or Jamaica, they
            shall so report to the Committee on Finance of the
            Senate and the Committee on Ways and Means of the House
            of Representatives, including an explanation of how
            this determination was reached. Such report shall be
            submitted to those Committees within six months after
            the date of the enactment of this Act. Following the
            submission of such a report, the Commissioners shall
            take all necessary steps, consistent with the
            requirements of this section, to establish such
            operations in another country.
        (c) Report.--As soon as practicable after September 30,
    1992, the Commissioner of Customs shall submit to the Congress
    a report regarding the preclearance operations program carried
    out under subsection (a). The report shall include--
              (1) a summary of the preclearance operations,
            including the number of individuals processed, any
            administrative problems encountered, and cost of the
            operations;
              (2) an evaluation of the extent to which the
            preclearance operations contributed to--
                      (A) the stimulation of the tourism industry
                    of the country concerned, and
                      (B) expedited customs processing at United
                    States ports of entry;
              (3) the opinion of the Commissioner of Customs
            regarding the efficacy of extending preclearance
            operations to other countries within the Caribbean
            Basin that are developing tourism industries, and if
            the opinion is affirmative, the identity of those
            countries to which such operations should be extended
            and the estimated costs and results of such extensions;
            and
              (4) such other matters that the Commissioner of
            Customs considers relevant.

                      Subtitle D--Miscellaneous Provisions

    SEC. 241.\6\ TRADE BENEFITS FOR NICARAGUA.

        Notwithstanding any other provision of law, the President
    is authorized to designate Nicaragua as a beneficiary
    developing country for the purposes of title V of the Trade Act
    of 1974, as amended, and as a beneficiary country under the
    Caribbean Basin Economic Recovery Act, and any such designation
    may remain effective for the duration of the calendar year
    1990.
    ---------------------------------------------------------------------------
        \6\ Presidential Proclamation 6223 of November 8, 1990 (55 F.R.
    47447) designated Nicaragua as a beneficiary country for purposes of
    the CBERA.
    ---------------------------------------------------------------------------

    SEC. 242. AGRICULTURAL INFRASTRUCTURE SUPPORT.

        It is the sense of Congress that in order to facilitate
    trade with, and the economic development of, the countries
    designated as beneficiary countries under the Caribbean Basin
    Economic Recovery Act, the Secretary of Agriculture should, in
    consultation with the Agribusiness Promotion council,
    coordinate with the Agency for International Development the
    development of programs to encourage improvements in the
    transportation and cargo handling infrastructure in these
    countries for the purpose of improving agricultural trade
    between these countries and the United States. Such programs
    should focus on improving distribution of agricultural
    commodities and products in these countries, and the
    phytosanitary institutions, quarantine capabilities, and
    pesticide regulations of these countries regarding agricultural
    commodities and products.

    SEC. 243.\7\ EXTENSION OF TRADE BENEFITS TO THE ANDEAN REGION.

        (a) Findings.--The Congress finds that:
    ---------------------------------------------------------------------------
        \7\ See the Andean Trade Preference Act (Title II of Public Law
    102-182; 105 Stat. 1236; 19 U.S.C. 3201 et seq.), beginning at page
    960.
    ---------------------------------------------------------------------------
              (1) United States antinarcotics policy places a high
            priority on assisting the nations of the Andean region
            of South America, the source of 100 percent of the
            world's supply of cocaine.
              (2) The President and Congress have recognized that
            United States trade and economic policies play an
            important role in the overall United States antidrug
            strategy in the Andes.
              (3) The extension of special trade preferences for
            articles from the Andean region would help revitalize
            the national economies of the Andes and further United
            States antinarcotics policy in the region.
        (b) Sense of Congress.--The Congress urges the President
    to--
              (1) review the merits of extending the benefits
            provided under the Caribbean Basin Economic Recovery
            Act to the Andean regions; and
              (2) continue to explore additional mechanisms to
            expand trade opportunities for the Andean region, and
            report to Congress in a regular and timely fashion on
            the result of this review.
      (8) United States-Canada Free-Trade Agreement Implementation Act of
                                    1988 \1\

        Partial text of Public Law 100-449 [H.R. 5090], 102 Stat. 1851,
       approved September 28, 1988; as amended by Public Law 101-207 [S.
     1164], 103 Stat. 1833, approved December 7, 1989; Public Law 101-382
      [Customs and Trade Act of 1990; H.R. 1594], 104 Stat. 629, approved
        August 20, 1990; Public Law 103-182 [North American Free Trade
      Agreement Implementation Act; H.R. 3450], 107 Stat. 2057, approved
     December 8, 1993; Public Law 104-66 [Federal Reports Elimination and
    Sunset Act of 1995; S. 790], 109 Stat. 707, approved December 21, 1995;
          and Public Law 105-206 [Internal Revenue Service Reform and
    Restructuring Act of 1998; H.R. 2676], 112 Stat. 685, approved July 22,
                                      1998

       AN ACT To implement the United States-Canada Free-Trade Agreement.

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

    SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

      (a) Short Title.--This Act may be cited as the ``United
    States-Canada Free-Trade Agreement Implementation Act of
    1988''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2112 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--* * *

    SEC. 2. PURPOSES.

      The purposes of this Act are--
              (1) to approve and implement the Free-Trade Agreement
            between the United States and Canada negotiated under
            the authority of section 102 of the Trade Act of 1974;
              (2) to strengthen and develop economic relations
            between the United States and Canada for their mutual
            benefit;
              (3) to establish a free-trade area between the two
            nations through the reduction and elimination of
            barriers to trade in goods and services and to
            investment; and
              (4) to lay the foundation for further cooperation to
            expand and enhance the benefits of such Agreement.

      TITLE I--APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT AND
                 RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW

    SEC. 101. APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT.

      (a) Approval of Agreement and Statement of Administrative
    Action.--Pursuant to sections 102 and 151 of the Trade Act of
    1974 (19 U.S.C. 2112 and 2191), the Congress approves--
              (1) the United States-Canada Free-Trade Agreement
            (hereinafter in this Act referred to as the
            ``Agreement'') entered into on January 2, 1988, and
            submitted to the Congress on July 25, 1988;
              (2) the letters exchanged between the Governments of
            the United States and Canada--
                      (A) dated January 2, 1988, relating to
                    negotiations regarding articles 301 (Rules of
                    Origin) and 401 (Tariff Elimination) of the
                    Agreement, and
                      (B) dated January 2, 1988, relating to
                    negotiations regarding article 2008 (Plywood
                    Standards) of the Agreement; and
              (3) the statement of administrative action proposed
            to implement the Agreement that was submitted to the
            Congress on July 25, 1988.
      (b) Conditions for Entry Into Force of the Agreement.--At
    such time as the President determines that Canada has taken
    measures necessary to comply with the obligations of the
    Agreement, the President is authorized to exchange notes with
    the Government of Canada providing for the entry into force, on
    or after January 1, 1989, of the Agreement with respect to the
    United States.
      (c) Report on Canadian Practices.--Within 60 days after the
    date of the enactment of this Act (but not later than December
    15, 1988), the United States Trade Representative shall submit
    to the Congress a report identifying, to the maximum extent
    practicable, major current Canadian practices (and the legal
    authority for such practices) that, in the opinion of the
    United States Trade Representative--
              (1) are not in conformity with the Agreement; and
              (2) require a change of Canadian law, regulation,
            policy, or practice to enable Canada to conform with
            its international obligations under the Agreement.

    SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.

      (a) United States Laws To Prevail in Conflict.--No provision
    of the Agreement, nor the application of any such provision to
    any person or circumstance, which is in conflict with any law
    of the United States shall have effect.
      (b) Relationship of Agreement to State and Local Law.--
              (1) The provisions of the Agreement prevail over--
                      (A) any conflicting State law; and
                      (B) any conflicting application of any State
                    law to any person or circumstance;
            to the extent of the conflict.
              (2) Upon the enactment of this Act, the President
            shall, in accordance with section 306(c)(2)(A) of the
            Trade and Tariff Act of 1984 (19 U.S.C. 2114c),
            initiate consultations with the State governments on
            the implementation of the obligations of the United
            States under the Agreement. Such consultations shall be
            held--
                      (A) through the intergovernmental policy
                    advisory committees on trade established under
                    such section for the purpose of achieving
                    conformity of State laws and practices with the
                    Agreement; and
                      (B) with the individual States as necessary
                    to deal with particular questions that may
                    arise.
              (3) The United States may bring an action challenging
            any provision of State law, or the application thereof
            to any person or circumstance, on the ground that the
            provision or application is inconsistent with the
            Agreement.
              (4) For purposes of this subsection, the term ``State
            law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
      (c) Effect of Agreement With Respect to Private Remedies.--No
    person other than the United States shall--
              (1) have any cause of action or defense under the
            Agreement or by virtue of congressional approval
            thereof, or
              (2) challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State on the ground that such action or inaction
            is inconsistent with the Agreement.
      (d) Initial Implementing Regulations.--Initial regulations
    necessary or appropriate to carry out the actions proposed in
    the statement of administrative action submitted under section
    101(a)(3) to implement the Agreement shall, to the maximum
    extent feasible, be issued within 1 year after the date of
    entry into force of the Agreement. In the case of any
    implementing action that takes effect after the date of entry
    into force of the Agreement, initial regulations to carry out
    that action shall, to the maximum extent feasible, be issued
    within 1 year after such effective date.
      (e) Changes in Statutes To Implement a Requirement,
    Amendment, or Recommendation.--The provisions of section 3(c)
    of the Trade Agreements Act of 1979 (19 U.S.C. 2504(c)) shall
    apply as if the Agreement were an agreement approved under
    section 2(a) of that Act whenever the President determines that
    it is necessary or appropriate to amend, repeal, or enact a
    statute of the United States in order to implement any
    requirement of, amendment to, or recommendation, finding or
    opinion under, the Agreement; but such provisions shall not
    apply to any bill to implement any such requirement, amendment,
    recommendation, finding, or opinion that is submitted to the
    Congress after the close of the 30th month after the month in
    which the Agreement enters into force.

    SEC. 103. CONSULTATION AND LAY-OVER REQUIREMENTS FOR, AND EFFECTIVE
                        DATE OF, PROCLAIMED ACTIONS.

      (a) \2\ Consultation and Lay-Over Requirements.--If a
    provision of this Act provides that the implementation of an
    action by the President by proclamation is subject to the
    consultation and lay-over requirements of this section, such
    action may be proclaimed only if--
    ---------------------------------------------------------------------------
        \2\ In a memorandum of February 11, 1991 (56 F.R. 6789), the
    President delegated authority to the United States Trade Representative
    ``to perform the functions necessary to fulfill the consultation and
    lay-over requirements set forth in section 103(a) (1) through (4) of
    the United States-Canada Free-Trade Agreement Implementation Act of
    1988''.
    ---------------------------------------------------------------------------
              (1) the President has obtained advice regarding the
            proposed action from--
                      (A) the appropriate advisory committees
                    established under section 135 of the Trade Act
                    of 1974, and
                      (B) the United States International Trade
                    Commission;
              (2) the President has submitted a report to the
            Committee on Ways and Means of the House of
            Representatives and the Committee on Finance of the
            Senate that sets forth--
                      (A) the action proposed to be proclaimed and
                    the reasons therefor, and
                      (B) the advice obtained under paragraph (1);
              (3) a period of at least 60 calendar days that begins
            on the first day on which the President has met the
            requirements of paragraphs (1) and (2) with respect to
            such action has expired; and
              (4) the President has consulted with such Committees
            regarding the proposed action during the period
            referred to in paragraph (3).
      (b) Effective Date of Certain Proclaimed Actions.--No action
    proclaimed by the President under the authority of this Act, if
    such action is not subject to the consultation and lay-over
    requirements under subsection (a), may take effect before the
    15th day after the date on which the text of the proclamation
    is published in the Federal Register.

    SEC. 104. HARMONIZED SYSTEM.

      (a) Definition.--As used in this Act, the term ``Harmonized
    System'' means the nomenclature system established under the
    International Convention on the Harmonized Commodity
    Description and Coding System (done at Brussels on June 14,
    1983, and the protocol thereto, done at Brussels on June 24,
    1986) as implemented under United States law.
      (b) Interim Application of TSUS.--The following apply if the
    International Convention, and the protocol thereto, referred to
    in subsection (a) are not implemented under United States law
    before the Agreement enters into force:
              (1) The President, subject to subsection (c), shall
            proclaim such modifications to the Tariff Schedules of
            the United States (19 U.S.C. 1202) as may be necessary
            to give effect, until such time as such Convention and
            protocol are so implemented, to the rules of origin,
            schedule of rate reductions, and other provisions that
            would, but for the absence of such implementation, be
            proclaimed under the authority of this Act to, or in
            terms of, the Harmonized System to implement the
            obligations of the United States under the Agreement.
              (2) Until such time as such Convention and protocol
            are so implemented, any reference in this Act to the
            nomenclature of such Convention and protocol shall be
            treated as a reference to the corresponding
            nomenclature of the Tariff Schedules of the United
            States as modified under paragraph (1).
      (c) Restrictions.--
              (1) No modification described in subsection (b)(1)
            that is to take effect concurrently with the entry into
            force of the Agreement may be proclaimed unless the
            text of the modification is published in the Federal
            Register at least 30 days before the date of entry into
            force.
              (2) All modifications proclaimed under the authority
            of subsection (b)(1) after the Agreement enters into
            force with respect to the United States are subject to
            the consultation and lay-over requirements of section
            103(a).

    SEC. 105. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE.

      Subject to section 103 or 104(c), as appropriate, and any
    other applicable restriction or limitation in this Act on the
    proclaiming of actions or the issuing of regulations to carry
    out this Act or any amendment made by this Act, after the date
    of the enactment of this Act--
              (1) the President may proclaim such actions; and
              (2) other appropriate officers of the United States
            Government may issue such regulations;
    as may be necessary to ensure that any provision of this Act,
    or amendment made by this Act, that takes effect on the date
    the Agreement enters into force is appropriately implemented on
    such date, but no such proclamation or regulation may have an
    effective date earlier than the date of entry into force.

     TITLE II--TARIFF MODIFICATIONS, RULES OF ORIGIN, USER FEES, DRAWBACK,
                   ENFORCEMENT, AND OTHER CUSTOMS PROVISIONS

    SEC. 201.\3\ TARIFF MODIFICATIONS.

      (a) Tariff Modifications Specified in the Agreement.--The
    President may proclaim--
    ---------------------------------------------------------------------------
        \3\ In a Proclamation of May 25, 1990 (55 F.R. 21835), the
    President outlined authority vested in him in the United States-Canada
    Free-Trade Agreement (the Agreement) and in the United States-Canada
    Free-Trade Implementation Act of 1988 (the Implementation Act), and
    further provided, in part:
        ``2. * * * Consistent with Article 401(5) of the Agreement, the
    President, through his duly empowered representative, on May 18, 1990,
    entered into an agreement with the Government of Canada providing an
    accelerated schedule of duty elimination for specific goods of Annexes
    401.2 and 401.7 to the Agreement. * * *
        ``3. Pursuant to section 201(b) of the Implementation Act, I have
    determined that the modifications hereinafter proclaimed of existing
    duties on goods originating in the territory of Canada are necessary or
    appropriate to maintain the general level of reciprocal and mutually
    advantageous concessions with respect to Canada provided for by the
    Agreement and to carry out the agreement with Canada providing an
    accelerated schedule of duty elimination for specific goods of Annexes
    401.2 and 401.7 to the Agreement.''.
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              (1) such modifications or continuance of any existing
            duty;
              (2) such continuance of existing duty-free or excise
            treatment; or
              (3) such additional duties;
    as the President determines to be necessary or appropriate to
    carry out article 401 of the Agreement and the schedule of duty
    reductions with respect to Canada set forth in Annexes 401.2
    and 401.7 to the Agreement, as approved under section
    101(a)(1). For purposes of proclaiming necessary modifications
    under such Annex 401.2, any article covered under subheading
    9813.00.05 (contained in the United States Schedule in such
    Annex) shall, unless such article is a drawback eligible good
    under section 204(a), be treated as being subject to any
    otherwise applicable customs duty if the article, or
    merchandise incorporating such article, is exported to Canada.
      (b) Other Tariff Modifications.--Subject to the consultation
    and lay-over requirements of section 103(a), the President may
    proclaim--
              (1) such modifications as the United States and
            Canada may agree to regarding the staging of any duty
            treatment set forth in Annexes 401.2 and 401.7 of the
            Agreement;
              (2) such modifications or continuance of any existing
            duty;
              (3) such continuance of existing duty-free or excise
            treatment; or
              (4) such additional duties;
    as the President determines to be necessary or appropriate to
    maintain the general level of reciprocal and mutually
    advantageous concessions with respect to Canada provided for by
    the Agreement.
      (c) Modifications Affecting Plywood.--
              (1) The Congress encourages the President to
            facilitate the preparation, and the implementation with
            Canada, of common performance standards for the use of
            softwood plywood and other structural panels in
            construction applications in the United States and
            Canada.
              (2) The President shall report to the Congress on the
            incorporation of common plywood performance standards
            into building codes in the United States and Canada and
            may implement the provisions of article 2008 of the
            Agreement when he determines that the necessary
            conditions have been met.
              (3) Any tariff reduction undertaken pursuant to
            paragraph (2) shall be in equal annual increments
            ending January 1, 1998, unless those reductions
            commence after January 1, 1991.

    SEC. 202. RULES OF ORIGIN.

      (a) In General.--
              (1) For purposes of implementing the tariff treatment
            contemplated under the Agreement, goods originate in
            the territory of a Party if--
                      (A) they are wholly obtained or produced in
                    the territory of either Party or both Parties;
                    or
                      (B) they--
                              (i) have been transformed in the
                            territory of either Party or both
                            Parties so as to be subject to a change
                            in tariff classification as described
                            in the Annex rules or to such other
                            requirements as the Annex rules may
                            provide when no change in tariff
                            classifications occurs, and
                              (ii) meet the other conditions set
                            out in the Annex.
              (2) A good shall not be considered to originate in
            the territory of a party under paragraph (1)(B) merely
            by virtue of having undergone--
                      (A) simple packaging or, except as expressly
                    provided by the Annex rules, combining
                    operations;
                      (B) mere dilution with water or another
                    substance that does not materially alter the
                    characteristics of the good; or
                      (C) any process or work in respect of which
                    it is established, or in respect of which the
                    facts as ascertained clearly justify the
                    presumption, that the sole object was to
                    circumvent the provisions of chapter 3 of the
                    Agreement.
              (3) Accessories, spare parts, or tools delivered with
            any piece of equipment, machinery, apparatus, or
            vehicle that form part of its standard equipment shall
            be treated as having the same origin as that equipment,
            machinery, apparatus, or vehicle if the quantities and
            values of such accessories, spare parts, or tools are
            customary for the equipment, machinery, apparatus, or
            vehicle.
      (b) Transshipment.--Goods exported from the territory of one
    Party originate in the territory of that Party only if--
              (1) the goods meet the applicable requirements of
            subsection (a) and are shipped to the territory of the
            other Party without having entered the commerce of any
            third country;
              (2) the goods, if shipped through the territory of a
            third country, do not undergo any operation other than
            unloading, reloading, or any operation necessary to
            transport them to the territory of the other Party or
            to preserve them in good condition; and
              (3) the documents related to the exportation and
            shipment of the goods from the territory of a Party
            show the territory of the other Party as their final
            destination.
      (c) Interpretation.--In interpreting this section, the
    following apply:
              (1) Whenever the processing or assembly of goods in
            the territory of either Party or both Parties results
            in one of the changes in tariff classification
            described in the Annex rules, such goods shall be
            considered to have been transformed in the territory of
            that Party and shall be treated as goods originating in
            the territory of that Party if--
                      (A) such processing or assembly occurs
                    entirely within the territory of either Party
                    or both Parties; and
                      (B) such goods have not subsequently
                    undergone any processing or assembly outside
                    the territories of the Parties that improves
                    the goods in condition or advances them in
                    value.
              (2) Whenever the assembly of goods in the territory
            of a Party fails to result in a change of tariff
            classification because either--
                      (A) the goods were imported into the
                    territory of the Party in an unassembled or a
                    disassembled form and were classified as
                    unassembled or disassembled goods pursuant to
                    General Rule of Interpretation 2(a) of the
                    Harmonized System; or
                      (B) the tariff subheading for the goods
                    provides for both the goods themselves and
                    their parts;
            such goods shall not be treated as goods originating in
            the territory of a Party.
              (3) Notwithstanding paragraph (2), goods described in
            that paragraph shall be considered to have been
            transformed in the territory of a Party and be treated
            as goods originating in the territory of the Party if--
                      (A) the value of materials originating in the
                    territory of either Party or both Parties used
                    or consumed in the production of the goods plus
                    the direct cost of assembling the goods in the
                    territory of either Party or both Parties
                    constitute not less than 50 percent of the
                    value of the goods when exported to the
                    territory of the other Party; and
                      (B) the goods have not subsequent to assembly
                    undergone processing or further assembly in a
                    third country and they meet the requirements of
                    subsection (b).
              (4) The provisions of paragraph (3) shall not apply
            to goods of chapters 61-63 of the Harmonized System.
              (5) In making the determination required by paragraph
            (3)(A) and in making the same or a similar
            determination when required by the Annex rules, where
            materials originating in the territory of either Party
            or both Parties and materials obtained or produced in a
            third country are used or consumed together in the
            production of goods in the territory of a Party, the
            value of materials originating in the territory of
            either Party or both Parties may be treated as such
            only to the extent that it is directly attributable to
            the goods under consideration.
              (6) In applying the Annex rules, a specific rule
            shall take precedence over a more general rule.
      (d) Annex Rules.--
              (1) The President is authorized to proclaim, as a
            part of the Harmonized System, the rules set forth
            under the heading ``Rules'' in Annex 301.2 of the
            Agreement. For purposes of carrying out this
            paragraph--
                      (A) the phrase ``headings 2207-2209'' in
                    paragraph 7 of section IV of such Annex 301.2
                    shall be treated as a reference to headings
                    2203-2209; and
                      (B) the phrase ``any other heading'' in
                    paragraph 11 of section XV in such Annex 301.2
                    shall be treated as a reference to any other
                    heading of chapter 74 of the Harmonized System.
              (2) Subject to the consultation and lay-over
            requirements of section 103, the President is
            authorized to proclaim such modifications to the rules
            as may from time-to-time be agreed to by the United
            States and Canada.
      (e) Automotive Products.--
              (1) The President is authorized to proclaim such
            modifications to the definition of Canadian articles
            (relating to the administration of the Automotive
            Products Trade Act of 1965) in the general notes of the
            Harmonized System as may be necessary to conform that
            definition with chapter 3 of the Agreement.
              (2) For purposes of administering the value
            requirement (as defined in section 304(c)(3)) with
            respect to vehicles, the Secretary of the Treasury
            shall prescribe regulations governing the averaging of
            the value content of vehicles of the same class, or of
            sister vehicles, assembled in the same plant as an
            alternative to the calculation of the value content of
            each vehicle.
      (f) Definitions.--For purposes of this section:
              (1) The term ``Annex'' means--
                      (A) the interpretative guidelines set forth
                    in subsection (c); and
                      (B) the Annex rules.
              (2) The term ``Annex rules'' means the rules
            proclaimed under subsection (d).
              (3) The term ``direct cost of processing or direct
            cost of assembling'' means the costs directly incurred
            in, or that can reasonably be allocated to, the
            production of goods, including--
                      (A) the cost of all labor, including benefits
                    and on-the-job training, labor provided in
                    connection with supervision, quality control,
                    shipping, receiving, storage, packaging,
                    management at the location of the process or
                    assembly, and other like labor, whether
                    provided by employees or independent
                    contractors;
                      (B) the cost of inspecting and testing the
                    goods;
                      (C) the cost of energy, fuel, dies, molds,
                    tooling, and the depreciation and maintenance
                    of machinery and equipment, without regard to
                    whether they originate within the territory of
                    a Party;
                      (D) development, design, and engineering
                    costs;
                      (E) rent, mortgage interest, depreciation on
                    buildings, property insurance premiums,
                    maintenance, taxes and the cost of utilities
                    for real property used in the production of
                    goods; and
                      (F) royalty, licensing, or other like
                    payments for the right to the goods;
            but not including--
                              (i) costs relating to the general
                            expense of doing business, such as the
                            cost of providing executive, financial,
                            sales, advertising, marketing,
                            accounting and legal services, and
                            insurance;
                              (ii) brokerage charges relating to
                            the importation and exportation of
                            goods;
                              (iii) the costs for telephone, mail,
                            and other means of communication;
                              (iv) packing costs for exporting the
                            goods;
                              (v) royalty payments related to a
                            licensing agreement to distribute or
                            sell the goods;
                              (vi) rent, mortgage interest,
                            depreciation on buildings, property
                            insurance premiums, maintenance, taxes,
                            and the cost of utilities for real
                            property used by personnel charged with
                            administrative functions; or
                              (vii) profit on the goods.
              (4) The term ``goods wholly obtained or produced in
            the territory of either Party or both Parties'' means--
                      (A) mineral goods extracted in the territory
                    of either Party or both Parties;
                      (B) goods harvested in the territory of
                    either Party or both Parties;
                      (C) live animals born and raised in the
                    territory of either Party or both Parties;
                      (D) goods (fish, shellfish, and other marine
                    life) taken from the sea by vessels registered
                    or recorded with a Party and flying its flag;
                      (E) goods produced on board factory ships
                    from the goods referred to in subparagraph (D)
                    provided such factory ships are registered or
                    recorded with that Party and fly its flag;
                      (F) goods taken by a Party or a person of a
                    Party from the seabed or beneath the seabed
                    outside territorial waters, provided that Party
                    has rights to exploit such seabed;
                      (G) goods taken from space, provided they are
                    obtained by a Party or a person of a Party and
                    not processed in a third country;
                      (H) waste and scrap derived from
                    manufacturing operations and used goods,
                    provided they were collected in the territory
                    of either Party or both Parties and are fit
                    only for the recovery of raw materials; and
                      (I) goods produced in the territory of either
                    Party or both Parties exclusively from goods
                    referred to in subparagraphs (A) to (H)
                    inclusive or from their derivatives, at any
                    stage of production.
              (5) The term ``materials'' means goods, other than
            those included as part of the direct cost of processing
            or assembling, used or consumed in the production of
            other goods.
              (6) The term ``Party'' means Canada or the United
            States.
              (7) The term ``territory'' means--
                      (A) with respect to Canada, the territory to
                    which its customs laws apply, including any
                    areas beyond the territorial seas of Canada
                    within which, in accordance with international
                    law and its domestic laws, Canada may exercise
                    rights with respect to the seabed and subsoil
                    and their natural resources; and
                      (B) with respect to the United States--
                              (i) the customs territory of the
                            United States, which includes the fifty
                            States, the District of Columbia and
                            the Commonwealth of Puerto Rico,
                              (ii) the foreign trade zones located
                            in the United States, and the
                            Commonwealth of Puerto Rico, and
                              (iii) any area beyond the territorial
                            seas of the United States within which,
                            in accordance with international law
                            and its domestic laws, the United
                            States may exercise rights with respect
                            to the seabed and subsoil and their
                            natural resources.
              (8) The term ``third country'' means any country
            other than Canada or the United States or any territory
            not a part of the territory of either.
              (9) The term ``value of materials originating in the
            territory of either Party or both Parties'' means the
            aggregate of--
                      (A) the price paid by the producer of an
                    exported good for materials originating in the
                    territory of either Party or both Parties or
                    for materials imported from a third country
                    used or consumed in the production of such
                    originating materials; and
                      (B) when not included in that price, the
                    following costs related thereto--
                              (i) freight, insurance, packing, and
                            all other costs incurred in
                            transporting any of the materials
                            referred to in subparagraph (A) to the
                            location of the producer;
                              (ii) duties, taxes, and brokerage
                            fees on such materials paid in the
                            territory of either Party or both
                            Parties;
                              (iii) the cost of waste or spoilage
                            resulting from the use or consumption
                            of such materials, less the value of
                            renewable scrap or byproduct; and
                              (iv) the value of goods and services
                            relating to such materials determined
                            in accordance with subparagraph 1(b) of
                            article 8 of the Agreement on
                            Implementation of article VII of the
                            General Agreement on Tariffs and Trade.
              (10) The term ``value of the goods when exported to
            the territory of the other Party'' means the aggregate
            of--
                      (A) the price paid by the producer for all
                    materials, whether or not the materials
                    originate in either Party or both Parties, and,
                    when not included in the price paid for the
                    materials, the costs related to--
                              (i) freight, insurance, packing, and
                            all other costs incurred in
                            transporting all materials to the
                            location of the producer;
                              (ii) duties, taxes, and brokerage
                            fees on all materials paid in the
                            territory of either Party or both
                            Parties;
                              (iii) the cost of waste or spoilage
                            resulting from the use or consumption
                            of such materials, less the value of
                            renewable scrap or byproduct; and
                              (iv) the value of goods and services
                            relating to all materials determined in
                            accordance with subparagraph 1(b) of
                            article 8 of the Agreement on
                            Implementation of article VII of the
                            General Agreement on Tariffs and Trade;
                            and
                      (B) the direct cost of processing or the
                    direct cost of assembling the goods.
      (g) Special Provision Regarding Application of Rules of
    Origin to Certain Apparel.--The Secretary of Commerce is
    authorized to issue regulations governing the exportation to
    Canada of apparel products that are cut, or knit to shape, and
    sewn, or otherwise assembled, in either Party from fabric
    produced or obtained in a third country for the purpose of
    establishing which exports of such products shall be permitted
    to claim preferential tariff treatment under the rules of
    origin of the Agreement, to the extent that the Agreement
    provides for quantitative limits on the availability of
    preferential tariff treatment for such products.

    SEC. 203. * * *

    SEC. 204. DRAWBACK.

      (a) Definition.--For purposes of this section, the term
    ``drawback eligible goods'' means--
              (1) goods provided for under paragraph 8 of article
            404 of the Agreement;
              (2) goods provided for under paragraphs 4 and 5 of
            such article; and
              (3) goods other than those referred to in paragraphs
            (1) and (2) that the United States and Canada agree are
            not subject to paragraphs 1, 2, and 3 of such article.
    No drawback may be paid with respect to countervailing duties
    or antidumping duties imposed on drawback eligible goods.
      (b) Implementation of Article 404.--The President is
    authorized--
              (1) to proclaim the identity, in accordance with the
            nomenclature of the Harmonized System, of goods
            referred to in subsection (a)(1); and
              (2) subject to the consultation and lay-over
            requirements of section 103(a), to proclaim--
                      (A) the identity, in accordance with the
                    nomenclature of the Harmonized System, of goods
                    referred to in subsection (a)(3); and
                      (B) a delay in the taking effect of article
                    404 of the Agreement to a date later than
                    January 1, 1994, with respect to any
                    merchandise if the United States and Canada
                    agree to the delay under paragraph 7 of such
                    article.
      (c) * * *

    SEC. 205. ENFORCEMENT.

      (a) Certifications of Origin.--
              (1) Any person that certifies in writing that goods
            exported to Canada meet the rules of origin under
            section 202 of the United States-Canada Free-Trade
            Agreement Implementation Act of 1988 shall provide,
            upon request by any customs official, a copy of that
            certification.
              (2) Any person that fails to provide a copy of a
            certification requested under paragraph (1) shall be
            liable to the United States for a civil penalty not to
            exceed $10,000.
              (3) Any person that certifies falsely that goods
            exported to Canada meet the rules of origin under such
            section 202 shall be liable to the United States for
            the same civil penalties provided under section 592 of
            the Tariff Act of 1930 (19 U.S.C. 1592) for a violation
            of section 592(a) of such Act by fraud, gross
            negligence, or negligence, as the case may be. The
            procedures and provisions of section 592 of such Act
            that are applicable to a violation under section 592(a)
            of such Act shall apply with respect to such false
            certification.
      (b) * * *

    SEC. 206. * * *

    SEC. 207. PRODUCTION-BASED DUTY REMISSION PROGRAMS WITH RESPECT TO
                        AUTOMOTIVE PRODUCTS.

      (a) USTR Study.--The United States Trade Representative
    shall--
              (1) undertake a study to determine whether any of the
            production-based duty remission programs of Canada with
            respect to automotive products is either--
                      (A) inconsistent with the provisions of, or
                    otherwise denies the benefits to the United
                    States under, the General Agreement on Tariffs
                    and Trade, or
                      (B) being implemented inconsistently with the
                    obligations under article 1002 of the Agreement
                    not--
                              (i) to expand the extent or the
                            application, or
                              (ii) to extend the duration,
                    of such programs; and
              (2) determine whether to initiate an investigation
            under section 302 of the Trade Act of 1974 with respect
            to any of such production-based duty remission
            programs.
      (b) Report and Monitoring.--
              (1) The United States Trade Representative shall
            submit a report to Congress no later than June 30, 1989
            (or no later than September 30, 1989, if the Trade
            Representative considers an extension to be necessary)
            containing--
                      (A) the results of the study under subsection
                    (a)(1), as well as a description of the basis
                    used for measuring and verifying compliance
                    with the obligations referred to in subsection
                    (a)(1)(B); and
                      (B) any determination made under subsection
                    (a)(2) and the reasons therefor.
              (2) Notwithstanding the submission of the report
            under paragraph (1), the Trade Representative shall
            continue to monitor the degree of compliance with the
            obligations referred to in subsection (a)(1)(B).

          TITLE III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

    SEC. 301. AGRICULTURE.

      (a) Special Tariff Provisions for Fresh Fruits and
    Vegetables.--
              (1) The Secretary of Agriculture (hereafter in this
            section referred to as the ``Secretary'') may recommend
            to the President the imposition of a temporary duty on
            any Canadian fresh fruit or vegetable entered into the
            United States if the Secretary determines that both of
            the following conditions exist at the time that
            imposition of the duty is recommended:
                      (A) For each of 5 consecutive working days
                    the import price of the Canadian fresh fruit or
                    vegetable is below 90 percent of the
                    corresponding 5-year average monthly import
                    price for such fruit or vegetable.
                      (B) The planted acreage in the United States
                    for the like fresh fruit or vegetable is no
                    higher than the average planted acreage over
                    the preceding 5 years, excluding the years with
                    the highest and lowest acreage. For the
                    purposes of applying this subparagraph, any
                    acreage increase attributed directly to a
                    reduction in the acreage that was planted to
                    wine grapes as of October 4, 1987, shall be
                    excluded.
            Whenever the Secretary makes a determination that the
            conditions referred to in subparagraphs (A) and (B)
            regarding any Canadian fresh fruit or vegetable exist,
            the Secretary shall immediately \4\ submit for
            publication in the Federal Register notice of the
            determination.
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        \4\ Sec. 308(a)(1) of the North American Free Trade Agreement
    Implementation Act (Public Law 103-182; 107 Stat. 2104) struck out
    ``promptly'' and inserted in lieu thereof ``immediately''.
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              (2) \5\ No later than 6 days after publication in the
            Federal Register of the notice described in paragraph
            (1), the Secretary shall decide whether to recommend
            the imposition of a temporary duty to the President,
            and if the Secretary decides to make such a
            recommendation, the recommendation shall be forwarded
            immediately to the President.
    ---------------------------------------------------------------------------
        \5\ Sec. 308(a)(2) and (3) of the North American Free Trade
    Agreement Implementation Act (Public Law 103-182; 107 Stat. 2104)
    redesignated former paras. (2) through (9) as (3) through (10), and
    inserted a new para. (2).
    ---------------------------------------------------------------------------
              (3) \5\ In determining whether to recommend the
            imposition of a temporary duty to the President under
            paragraph (1), the Secretary shall consider whether the
            conditions in subparagraphs (A) and (B) of such
            paragraph have led to a distortion in trade between the
            United States and Canada of the fresh fruit or
            vegetable and, if so, whether the imposition of the
            duty is appropriate, including consideration of whether
            it would significantly correct this distortion.
              (4) \5\ Not later than 7 days after receipt of a
            recommendation of the Secretary under paragraph (1),
            the President, after taking into account the national
            economic interests of the United States, shall
            determine whether to impose a temporary duty on the
            Canadian fresh fruit or vegetable concerned. If the
            determination is affirmative, the President shall
            proclaim the imposition and the rate of the temporary
            duty, but such duty shall not apply to the entry of
            articles that were in transit to the United States on
            the first day on which the temporary duty is in effect.
              (5) \5\ A temporary duty imposed under paragraph (4)
            \6\ shall cease to apply with respect to articles that
            are entered on or after the earlier of--
    ---------------------------------------------------------------------------
        \6\ Sec. 308(a)(4) of the North American Free Trade Agreement
    Implementation Act (Public Law 103-182; 107 Stat. 2104) struck out
    ``paragraph (3)'' and inserted in lieu thereof ``paragraph (4)''.
    ---------------------------------------------------------------------------
                      (A) the day following the last of 5
                    consecutive working days with respect to which
                    the Secretary determines that the point of
                    shipment price in Canada for the Canadian fruit
                    or vegetable concerned exceeds 90 percent of
                    the corresponding 5-year average monthly import
                    price; or
                      (B) the 180th day after the date on which the
                    temporary duty first took effect.
              (6) \5\ No temporary duty may be imposed under this
            subsection on a Canadian fresh fruit or vegetable
            during such time as import relief is provided with
            respect to such fresh fruit or vegetable under chapter
            1 of title II of the Trade Act of 1974.
              (7) \5\ For purposes of this subsection:
                      (A) The term ``Canadian fresh fruit or
                    vegetable'' means any article originating in
                    Canada (as determined in accordance with
                    section 202) and classified within any of the
                    following headings of the Harmonized System:
                              (i) 07.01 (relating to potatoes,
                            fresh or chilled);
                              (ii) 07.02 (relating to tomatoes,
                            fresh or chilled);
                              (iii) 07.03 (relating to onions,
                            shallots, garlic, leeks and other
                            alliaceous vegetables, fresh or
                            chilled);
                              (iv) 07.04 (relating to cabbages,
                            cauliflowers, kohlrabi, kale and
                            similar edible brassicas, fresh or
                            chilled);
                              (v) 07.05 (relating to lettuce
                            (lactuca sativa) and chicory (cichorium
                            spp.), fresh or chilled);
                              (vi) 07.06 (relating to carrots,
                            salad beets or beetroot, salsify,
                            celeriac, radishes and similar edible
                            roots (excluding turnips), fresh or
                            chilled);
                              (vii) 07.07 (relating to cucumbers
                            and gherkins, fresh or chilled);
                              (viii) 07.08 (relating to leguminous
                            vegetables, shelled or unshelled, fresh
                            or chilled);
                              (ix) 07.09 (relating to other
                            vegetables (excluding truffles), fresh
                            or chilled);
                              (x) 08.06.10 (relating to grapes,
                            fresh);
                              (xi) 08.08.20 (relating to pears and
                            quinces, fresh);
                              (xii) 08.09 (relating to apricots,
                            cherries, peaches (including
                            nectarines), plums and sloes, fresh);
                            and
                              (xiii) 08.10 (relating to other fruit
                            (excluding cranberries and
                            blueberries), fresh).
                      (B) The term ``corresponding 5-year average
                    monthly import price'' for a particular day
                    means the average import price of a Canadian
                    fresh fruit or vegetable, for the calendar
                    month in which that day occurs, for that month
                    in each of the preceding 5 years, excluding the
                    years with the highest and lowest monthly
                    averages.
                      (C) The term ``import price'' has the meaning
                    given such term in article 711 of the
                    Agreement.
                      (D) The rate of a temporary duty imposed
                    under this subsection with respect to a
                    Canadian fresh fruit or vegetable means a rate
                    that, including the rate of any other duty in
                    effect for such fruit or vegetable, does not
                    exceed the lesser of--
                              (i) the duty that was in effect for
                            the fresh fruit or vegetable before
                            January 1, 1989, under column one of
                            the Tariff Schedules of the United
                            States for the applicable season in
                            which the temporary duty is applied; or
                              (ii) the duty in effect for the fresh
                            fruit or vegetable under column one of
                            such Schedules, or column 1 (General)
                            of the Harmonized System, at the time
                            the temporary duty is applied.
              (8) \5\ (A) The Secretary shall, to the extent
            practicable, administer the provisions of this
            subsection to the 8-digit level of classification under
            the Harmonized System.
              (B) The Secretary may issue such regulations as may
            be necessary to implement the provisions of this
            subsection.
              (9) \5\, \7\ For purposes of assisting the
            Secretary in carrying out this subsection--
    ---------------------------------------------------------------------------
        \7\ Para. (9), as redesignated, was amended and restated by sec.
    308(a)(5) of the North American Free Trade Agreement Implementation Act
    (Public Law 103-182; 107 Stat. 2104).
    ---------------------------------------------------------------------------
                      (A) the Commissioner of Customs and the
                    Director of the Bureau of Census shall
                    cooperate in providing the Secretary with
                    timely information and data relating to the
                    importation of Canadian fresh fruits and
                    vegetables, and
                      (B) importers shall report such information
                    relating to Canadian fresh fruits and
                    vegetables to the Commissioner of Customs at
                    such time and in such manner as the
                    Commissioner requires.
              (10) \5\ The authority to impose temporary duties
            under this subsection expires on the 20th anniversary
            of the date on which the Agreement enters into force.
              * * * * * * *

    SEC. 302. RELIEF FROM IMPORTS.

      (a) Relief From Imports of Canadian Articles.--
              (1) A petition requesting action under this section
            for the purpose of adjusting to the obligations of the
            United States under the Agreement may be filed with the
            United States International Trade Commission (hereafter
            in this section referred to as the ``Commission'') by
            an entity, including a trade association, firm,
            certified or recognized union, or group of workers,
            which is representative of an industry. The Commission
            shall transmit a copy of any petition filed under this
            paragraph to the United States Trade Representative.
              (2)(A) Upon the filing of a petition under paragraph
            (1), the Commission shall promptly initiate an
            investigation to determine whether, as a result of a
            reduction or elimination of a duty provided for under
            the United States-Canada Free-Trade Agreement, an
            article originating in Canada is being imported into
            the United States in such increased quantities, in
            absolute terms, and under such conditions, so that
            imports of such Canadian article, alone, constitute a
            substantial cause of serious injury to the domestic
            industry producing an article like, or directly
            competitive with, the imported article.
              (B) The provisions of--
                      (i) paragraphs (2), (3), (4), (6), and (7) of
                    subsection (b), other than paragraph (2)(B),
                    and
                      (ii) subsection (c),
            of section 201 of the Trade Act of 1974 (19 U.S.C.
            2251), as in effect on June 1, 1988, shall apply with
            respect to any investigation initiated under
            subparagraph (A).
              (C) By no later than the date that is 120 days after
            the date on which an investigation is initiated under
            subparagraph (A), the Commission shall make a
            determination under subparagraph (A) with respect to
            such investigation.
              (D) If the determination made by the Commission under
            subparagraph (A) with respect to imports of an article
            is affirmative, the Commission shall find and recommend
            to the President the amount of import relief that is
            necessary to remedy the injury found by the Commission
            in such affirmative determination, which shall be
            limited to that set forth in paragraph (3)(C).
              (E)(i) By no later than the date that is 30 days
            after the date on which a determination is made under
            subparagraph (A) with respect to an investigation, the
            Commission shall submit to the President a report on
            the determination and the basis for the determination.
            The report shall include any dissenting or separate
            views and a transcript of the hearings and any briefs
            which were submitted to the Commission in the course of
            the investigation initiated under subparagraph (A).
              (ii) Any finding made under subparagraph (D) shall be
            included in the report submitted to the President under
            clause (i).
              (F) Upon submitting a report to the President under
            subparagraph (E), the Commission shall promptly make
            public such report (with the exception of information
            which the Commission determines to be confidential) and
            shall cause a summary thereof to be published in the
            Federal Register.
              (G) For purposes of this subsection--
                      (i) The provisions of paragraphs (1), (2),
                    and (3) of section 330(d) of the Tariff Act of
                    1930 (19 U.S.C. 1330(d)) shall be applied with
                    respect to determinations and findings made
                    under this paragraph as if such determinations
                    and findings were made under section 201 of the
                    Trade Act of 1974 (19 U.S.C. 2251).
                      (ii) The determination of whether an article
                    originates in Canada shall be made in
                    accordance with section 202 (including any
                    proclamations issued under section 202).
              (3)(A) By no later than the date that is 30 days
            after the date on which the President receives the
            report of the Commission containing an affirmative
            determination made by the Commission under paragraph
            (2)(A), the President shall provide relief from imports
            of the article originating in Canada that is the
            subject of such determination to the extent that, and
            for such time (not to exceed 3 years) as the President
            determines to be necessary to remedy the injury found
            by the Commission.
              (B) The President is not required to provide import
            relief by reason of this paragraph if the President
            determines that the provision of such import relief is
            not in the national economic interest.
              (C) The import relief that the President is
            authorized to provide by reason of this paragraph with
            respect to an article originating in Canada is limited
            to--
                      (i) the suspension of any further reductions
                    provided for under the Agreement in the duty
                    imposed on such article originating in Canada,
                      (ii) an increase in the rate of duty imposed
                    on such article originating in Canada to a
                    level that does not exceed the lesser of--
                              (I) the general subcolumn of the
                            column 1 rate of duty set forth in the
                            Harmonized Tariff Schedule of the
                            United States \8\ that is imposed by
                            the United States on such article from
                            any other foreign country at the time
                            such import relief is provided, or
    ---------------------------------------------------------------------------
        \8\ Sec. 5003(b)(3) of Public Law 105-206 (112 Stat. 789) struck
    out ``the most-favored-nation rate of duty'' and inserted in lieu
    thereof ``the general subcolumn of the column 1 rate of duty set forth
    in the Harmonized Tariff Schedule of the United States''.
    ---------------------------------------------------------------------------
                              (II) the general subcolumn of the
                            column 1 rate of duty set forth in the
                            Harmonized Tariff Schedule of the
                            United States \8\ that is imposed by
                            the United States on such article from
                            any other foreign country on the day
                            before the date on which the Agreement
                            enters into force, or
                      (iii) in the case of a duty applied on a
                    seasonal basis to such article originating in
                    Canada, an increase in the rate of duty imposed
                    on such article originating in Canada to a
                    level that does not exceed the most-favored-
                    nation rate of duty imposed by the United
                    States on such article originating in Canada
                    for the corresponding season immediately prior
                    to the date on which the Agreement enters into
                    force.
              (4)(A) No investigation may be initiated under
            paragraph (2)(A) with respect to any article for which
            import relief has been provided under this subsection.
              (B) No import relief may be provided under this
            subsection after the date that is 10 years after the
            date on which the Agreement enters into force.
              (5) For purposes of section 123 of the Trade Act of
            1974 (19 U.S.C. 2133), any import relief provided by
            the President under paragraph (3) shall be treated as
            action taken under chapter I of title II of such Act.
      (b) Relief From Imports From All Countries.--
              (1)(A) If, in any investigation initiated under
            chapter 1 of title II of the Trade Act of 1974, the
            Commission makes an affirmative determination (or a
            determination which is treated as an affirmative
            determination under such chapter by reason of section
            330(d) of the Tariff Act of 1930) that an article is
            being imported into the United States in such increased
            quantities as to be a substantial cause of serious
            injury, or the threat thereof, to the domestic
            industry, the Commission shall also find (and report to
            the President at the time such injury determination is
            submitted to the President), whether imports from
            Canada of the article that is the subject of such
            investigation are substantial and are contributing
            importantly to such injury or threat thereof.
              (B)(i) In determining under subparagraph (A) whether
            imports of an article from Canada are substantial, the
            Commission shall not normally consider imports from
            Canada in the range of 5 to 10 percent or less of total
            imports of such article to be substantial.
              (ii) For purposes of this paragraph, the term
            ``contributing importantly'' means an important cause,
            but not necessarily the most important cause, of the
            serious injury or threat thereof caused by imports.
              (2)(A) In determining whether to take action under
            chapter 1 of title II of the Trade Act of 1974 with
            respect to imports from Canada, the President shall
            determine whether imports from Canada of such article
            are substantial and contributing importantly to the
            serious injury or threat of serious injury found by the
            Commission.
              (B) In determining the nature and extent of action to
            be taken under chapter 1 of title II of the Trade Act
            of 1974, the President shall exclude from such action
            imports from Canada if the President has made a
            negative determination under subparagraph (A) regarding
            imports from Canada.
              (3)(A) If, under paragraph (2)(B), the President
            excludes imports from Canada from action taken under
            chapter 1 of title II of the Trade Act of 1974, the
            President may, if the President thereafter determines
            that a surge in imports from Canada of the article that
            is the subject of the action is undermining the
            effectiveness of the action, take appropriate action
            under such chapter with respect to such imports from
            Canada to include such imports in such action.
              (B)(i) If, under paragraph (2)(B), the President
            excludes imports from Canada from action taken under
            chapter 1 of title II of the Trade Act of 1974, any
            entity, including a trade association, firm, certified
            or recognized union, or group of workers, that is
            representative of an industry for which such action is
            being taken under such chapter may request the
            Commission to conduct an investigation of imports from
            Canada of the article that is the subject of such
            action.
              (ii) Upon receiving a request under clause (i), the
            Commission shall conduct an investigation to determine
            whether a surge in imports from Canada of the article
            that is the subject of action being taken under chapter
            1 of title II of the Trade Act of 1974 undermines the
            effectiveness of such action. The Commission shall
            submit the findings of such investigation to the
            President by no later than the date that is 30 days
            after the date on which such request is received by the
            Commission.
              (C) For purposes of this paragraph, the term
            ``surge'' means a significant increase in imports over
            the trend for a reasonable, recent base period for
            which data are available.
      (c) Any entity that is representative of an industry may
    submit a petition for relief under subsection (a), under
    chapter 1 of title II of the Trade Act of 1974, or under both
    subsection (a) and such chapter at the same time. If petitions
    are submitted by such an entity under subsection (a) and such
    chapter at the same time, the Commission shall consider such
    petitions jointly.

    SEC. 303. ACTS IDENTIFIED IN NATIONAL TRADE ESTIMATES.

      With respect to any act, policy, or practice of Canada that
    is identified in the annual report submitted under section 181
    of the Trade Act of 1974 (19 U.S.C. 2241), the United States
    Trade Representative shall include--
              (1) information with respect to the action taken
            regarding such act, policy, or practice, including but
            not limited to--
                      (A) any action under section 301 of the Trade
                    Act of 1974 (including resolution through
                    appropriate dispute settlement procedures),
                      (B) any action under section 307 of the Trade
                    and Tariff Act of 1984, and
                      (C) negotiations or consultations, whether on
                    a bilateral or multilateral basis; or
              (2) the reasons that no action was taken regarding
            such act, policy, or practice.

    SEC. 304. NEGOTIATIONS REGARDING CERTAIN SECTORS; BIENNIAL REPORTS.

      (a) In General.--
              (1) The President is authorized to enter into
            negotiations with the Government of Canada for the
            purpose of concluding an agreement (including an
            agreement amending the Agreement) or agreements to--
                      (A) liberalize trade in services in
                    accordance with article 1405 of the Agreement;
                      (B) liberalize investment rules;
                      (C) improve the protection of intellectual
                    property rights;
                      (D) increase the value requirement applied
                    for purposes of determining whether an
                    automotive product is treated as originating in
                    Canada or the United States; and
                      (E) liberalize government procurement
                    practices, particularly with regard to
                    telecommunications.
              (2) As an exercise of the foreign relations powers of
            the President under the Constitution, the President
            will enter into immediate consultations with the
            Government of Canada to obtain the exclusion from the
            transport rates established under Canada's Western
            Grain Transportation Act of agricultural goods that
            originate in Canada and are shipped via east coast
            ports for consumption in the United States.
      (b) Negotiating Objectives Regarding Services, Investment,
    and Intellectual Property Rights.--
              (1) The objectives of the United States in
            negotiations conducted under subsection (a)(1)(A) to
            liberalize trade in services include--
                      (A) with respect to developing services
                    sectors not covered in the Agreement, the
                    elimination of those tariff, nontariff, and
                    subsidy trade distortions that have potential
                    to affect significant bilateral trade;
                      (B) the elimination or reduction of measures
                    grandfathered by the Agreement that deny or
                    restrict national treatment in the provision of
                    services;
                      (C) the elimination of local presence
                    requirements; and
                      (D) the liberalization of government
                    procurement of services.
            In conducting such negotiations, the President shall
            consult with the services advisory committees
            established under section 135 of the Trade Act of 1974
            (19 U.S.C. 2155).
              (2) The objectives of the United States in any
            negotiations conducted under subsection (a)(1)(B) to
            liberalize investment rules include--
                      (A) the elimination of direct investment
                    screening;
                      (B) the extension of the principles of the
                    Agreement to energy and cultural industries, to
                    the extent such industries are not currently
                    covered by the Agreement;
                      (C) the elimination of technology transfer
                    requirements and other performance requirements
                    not currently barred by the Agreement; and
                      (D) the subjection of all investment disputes
                    to dispute resolution under chapter 18 of the
                    Agreement.
            In conducting such negotiations, the President shall
            consult with persons representing diverse interests in
            the United States in investment.
              (3) The objectives of the United States in any
            negotiations conducted under subsection (a)(1)(C) to
            improve the protection of intellectual property rights
            include--
                      (A) the recognition and adequate protection
                    of intellectual property, including copyrights,
                    patents, process patents, trademarks, mask
                    works, and trade secrets; and
                      (B) the establishment of dispute resolution
                    procedures and binational enforcement of
                    intellectual property standards.
            In conducting such negotiations, the President shall
            consult with persons representing diverse interests in
            the United States in intellectual property.
      (c) Negotiating Objectives Regarding Automotive Products.--
              (1) In conducting negotiations under subsection
            (a)(1)(D) regarding the value requirement for
            automotive products, the President shall seek to
            conclude an agreement by no later than January 1, 1990,
            to increase the value requirement from 50 percent to at
            least 60 percent.
              (2) The President is authorized, through January 1,
            1999, to proclaim any agreed increase in the value
            requirement.
              (3) As used in this section, the term ``value
            requirement'' means the minimum percentage of the value
            of an automotive product that must be accounted for by
            the value of the materials in the product that
            originated in the United States or Canada, or both,
            plus the direct cost of processing or assembly
            performed in the United States or Canada, or both, with
            respect to the product.
      (d) Negotiation of Limitation on Potato Trade.--
              (1) During the 5-year period beginning on the date of
            enactment of this Act, the President is authorized to
            enter into negotiations with Canada for the purpose of
            obtaining an agreement to limit the exportation and
            importation of all potatoes between the United States
            and Canada, including seed potatoes, fresh, chilled or
            frozen potatoes, dried, desiccated or dehydrated
            potatoes, and potatoes otherwise prepared or preserved.
            Any agreement negotiated under this subsection shall
            provide for an annual limitation divided equally into
            each half of the year.
              (2) For the purpose of conducting negotiations under
            paragraph (1), the Secretary of Agriculture and the
            United States Trade Representative shall consult with
            representatives of the potato producing industry,
            including the Ad Hoc Potato Advisory Group and the
            United States/Canada Horticultural Industry Advisory
            Committee, to solicit their views on negotiations with
            Canada for reciprocal quantitative limits on the potato
            trade.
              (3) The President is authorized to direct the
            Secretary of the Treasury to--
                      (A) carry out such actions as may be
                    necessary or appropriate to ensure the
                    attainment of the objectives of any agreement
                    that is entered into under this section; and
                      (B) enforce any quantitative limitation,
                    restriction, and other terms contained in the
                    agreement.
            Such actions may include, but are not limited to,
            requirements that valid export licenses or other
            documentation issued by a foreign government be
            presented as a condition for the entry into the United
            States of any article that is subject to the agreement.
              (4) The provisions of section 1204 of the Agriculture
            and Food Act of 1981 (7 U.S.C. 1736j) and the last
            sentence of section 812 of the Agricultural Act of 1970
            (7 U.S.C. 612c-3) shall not apply in the case of
            actions taken pursuant to this subsection.
      (e) Canadian Controls on Fish.--
              (1) Within 30 days of the application by Canada of
            export controls on unprocessed fish under statutes
            exempted from the Agreement under article 1203, or the
            application of landing requirements for fish caught in
            Canadian waters, the President shall take appropriate
            action to enforce United States rights under the
            General Agreement on Tariffs and Trade that are
            retained in article 1205 of the Agreement.
              (2) In enforcing the United States rights referred to
            in paragraph (1), the President has discretion to--
                      (A) bring a challenge to the offending
                    Canadian practices before the GATT;
                      (B) retaliate against such offending
                    practices;
                      (C) seek resolution directly with Canada;
                      (D) refer the matter for dispute resolution
                    to the Canada-United States Trade Commission;
                    or
                      (E) take other action that the President
                    considers appropriate to enforce such United
                    States rights.
      (f) Biennial Report.--The President shall submit to the
    Congress, at the close of each biennial period occurring after
    the date on which the Agreement enters into force, a report
    regarding--
              (1) the status of the negotiations regarding
            agreements that the President is authorized to enter
            into with Canada under this section;
              (2) the effectiveness and operation of any agreement
            entered into under section 304 that is in force with
            respect to the United States;
              (3) the effectiveness of operation of the Agreement
            generally; and
              (4) the actions taken by the United States and Canada
            to implement further the objectives of the Agreement.

    SEC. 305. ENERGY.

      (a) \9\ Alaskan Oil. * * *
    ---------------------------------------------------------------------------
        \9\ Subsec. (a) amended sec. 7(d)(1) of the Export Administration
    Act of 1979 (50 U.S.C. App. 2406(d)(1)).
    ---------------------------------------------------------------------------
      (b) \10\ Uranium. * * *
    ---------------------------------------------------------------------------
        \10\ Subsec. (b) amended 42 U.S.C. 2201(v) (Support of United
    States Enrichment Corporation).
    ---------------------------------------------------------------------------

    SEC. 306.\11\ LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER TRADE
                        AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN
                        CANADIAN PRODUCTS. * * *
    ---------------------------------------------------------------------------

        \11\ Sec. 306 amended sec. 308(4) of the Trade Agreements Act of
    1979 (19 U.S.C. 2518(4)).
    ---------------------------------------------------------------------------

    SEC. 307. TEMPORARY ENTRY FOR BUSINESS PERSONS.

      (a) Nonimmigrant Traders and Investors.--Upon a basis of
    reciprocity secured by the United States-Canada Free-Trade
    Agreement, a citizen of Canada, and the spouse and children of
    any such citizen if accompanying or following to join such
    citizen, may, if otherwise eligible for a visa and if otherwise
    admissible into the United States under the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.), be considered to be
    classifiable as a nonimmigrant under section 101(a)(15)(E) of
    such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a
    purpose specified in Annex 1502.1 (United States of America),
    Part B--Traders and Investors, of such Agreement, but only if
    any such purpose shall have been specified in such Annex as of
    the date of entry into force of such Agreement.
      (b) \12\ Nonimmigrant Professionals. * * *
    ---------------------------------------------------------------------------
        \12\ Subsec. (b) amended 8 U.S.C. 1184 (Admission of
    nonimmigrants).
    ---------------------------------------------------------------------------

    SEC. 308.\13\ AMENDMENT TO SECTION 5136 OF THE REVISED STATUTES * * *
    ---------------------------------------------------------------------------

        \13\ Sec. 308 amended 12 U.S.C. 24 (Corporate powers of
    associations).
    ---------------------------------------------------------------------------

    SEC. 309. STEEL PRODUCTS.

      Nothing in this Act shall preclude any discussion or
    negotiation between the United States and Canada in order to
    conclude voluntary restraint agreements or mutually agreed
    quantitative restrictions on the volume of steel products
    entering the United States from Canada.

       TITLE IV--BINATIONAL PANEL DISPUTE SETTLEMENT IN ANTIDUMPING AND
                           COUNTERVAILING DUTY CASES.

    SEC. 401. AMENDMENTS TO SECTION 516A OF THE TARIFF ACT OF 1930. * * *

    SEC. 402. AMENDMENTS TO TITLE 28, UNITED STATES CODE. * * * \14\
    ---------------------------------------------------------------------------

        \14\ Subsecs. (a) and (b) amended 28 U.S.C. 2643 (Relief), subsec.
    (c) amended 28 U.S.C. 2201 (Creation of remedy), and subsec. (d)
    amended 28 U.S.C. 1584 (Civil actions under the North American Free
    Trade Agreement or the United States-Canada Free-Trade Agreement).
    ---------------------------------------------------------------------------

    SEC. 403. CONFORMING AMENDMENTS TO THE TARIFF ACT OF 1930. * * * \15\
    ---------------------------------------------------------------------------

        \15\ Subsecs. (a) through (d) amended 19 U.S.C. 1502 (Regulations
    for appraisement and classification), 1514 (Protest against decisions
    of Customs Service), 1677f (Access to information), and 1677
    (Definitions; special rules), respectively.
    ---------------------------------------------------------------------------

    SEC. 404. AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAW.

      Any amendment enacted after the Agreement enters into force
    with respect to the United States that is made to--
              (1) section 303 or title VII of the Tariff Act of
            1930,\16\ or any successor statute, or
    ---------------------------------------------------------------------------
        \16\ The Customs and Trade Act of 1990 (Public Law 101-382; 104
    Stat. 629) made several amendments to title VII of the Tariff Act of
    1930. Sec. 135(c) of that Act further provided:
        ``(c) Application of Amendments to Products of Canadian Origin.--
    For purposes of section 404 of the United States-Canada Free-Trade
    Agreement Implementation Act of 1988, the amendments made by subsection
    (b) [to sec. 777 of the Tariff Act] also apply with respect to
    investigations under title VII of the Tariff Act of 1930 involving
    products of Canadian origin.''.
    ---------------------------------------------------------------------------
              (2) any other statute which--
                      (A) provides for judicial review of final
                    determinations under such section, title, or
                    statute, or
                      (B) indicates the standard of review to be
                    applied,
    shall apply to Canada only to the extent specified in such
    amendment.

    SEC. 405. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS REGARDING THE
                        IMPLEMENTATION OF CHAPTERS 18 AND 19 OF THE
                        AGREEMENT.

      (a) Appointment of Individuals to Panels and Committees.--
              (1)(A) There is established within the interagency
            organization established under section 242 of the Trade
            Expansion Act of 1962 (19 U.S.C. 1872) an interagency
            group which shall--
                      (i) be chaired by the United States Trade
                    Representative (hereafter in this section
                    referred to as the ``Trade Representative''),
                    and
                      (ii) consist of such officers (or the
                    designees thereof) of the Government of the
                    United States as the Trade Representative
                    considers appropriate.
              (B) The interagency group established under
            subparagraph (A) shall, in a manner consistent with
            chapter 19 of the Agreement--
                      (i) prepare by January 3 of each calendar
                    year--
                              (I) a list of individuals who are
                            qualified to serve as members of
                            binational panels convened under
                            chapter 19 of the Agreement, and
                              (II) a list of individuals who are
                            qualified to serve on extraordinary
                            challenge committees convened under
                            such chapter,
                      (ii) if the Trade Representative makes a
                    request under paragraph (5)(A)(i) with respect
                    to a final candidate list during any calendar
                    year, prepare by July 1 of such calendar year a
                    list of those individuals who are qualified to
                    be added to that final candidate list,
                      (iii) exercise oversight of the
                    administration of the United States Secretariat
                    that is authorized to be established under
                    subsection (e), and
                      (iv) make recommendations to the Trade
                    Representative regarding the convening of
                    extraordinary challenge committees under
                    chapter 19 of the Agreement.
              (2)(A) The Trade Representative shall select
            individuals from the respective lists prepared by the
            interagency group under paragraph (1)(B)(i) for
            placement on a preliminary candidate list of
            individuals eligible to serve as members of binational
            panels under Annex 1901.2 of the Agreement and a
            preliminary candidate list of individuals eligible for
            selection as members of extraordinary challenge
            committees under Annex 1904.13 of the Agreement.
              (B) The selection of individuals for--
                      (i) placement on lists prepared by the
                    interagency group under clause (i) or (ii) of
                    paragraph (1)(B),
                      (ii) placement on preliminary candidate lists
                    under subparagraph (A),
                      (iii) placement on final candidate lists
                    under paragraph (3),
                      (iv) placement by the Trade Representative on
                    the rosters described in Annex 1901.2(1) and
                    Annex 1904.13(1) of the Agreement, and
                      (v) appointment by the Trade Representative
                    for service on binational panels and
                    extraordinary challenge committees convened
                    under chapter 19 of the Agreement,
            shall be made on the basis of the criteria provided in
            Annex 1901.2(1) and Annex 1904.13(1) of the Agreement
            and shall be made without regard to political
            affiliation.
              (C) For purposes of applying section 1001 of title
            18, United States Code, the written or oral responses
            of individuals to inquiries of the interagency group
            established under paragraph (1) or the Trade
            Representative regarding their personal and
            professional qualifications, and financial and other
            relevant interests, that bear on their suitability for
            the placements and appointments described in
            subparagraph (B), shall be treated as matters within
            the jurisdiction of an agency of the United States.
              (3)(A) By no later than January 3 of each calendar
            year, the Trade Representative shall submit to the
            Committee on Finance of the Senate and the Committee on
            Ways and Means of the House of Representatives
            (hereafter in this section referred to as the
            ``appropriate Congressional Committees'') the
            preliminary candidate lists of those individuals
            selected by the Trade Representative under paragraph
            (2)(A) to be candidates eligible to serve on binational
            panels or extraordinary challenge committees convened
            pursuant to chapter 19 of the Agreement during the 1-
            year period beginning on April 1 of such calendar year.
              (B) Upon submission of the preliminary candidate
            lists under subparagraph (A) to the appropriate
            Congressional Committees, the Trade Representative
            shall consult with the appropriate Congressional
            Committees with regard to the individuals listed on the
            preliminary candidate lists.
              (C) The Trade Representative may add or delete
            individuals from the preliminary candidate lists
            submitted under subparagraph (A) after consulting the
            appropriate Congressional Committees with regard to
            such addition or deletion. The Trade Representative
            shall provide to the appropriate Congressional
            Committees written notice of any addition or deletion
            of an individual from the preliminary candidate lists.
              (4)(A) By no later than March 31 of each calendar
            year, the Trade Representative shall submit to the
            appropriate Congressional Committees the final
            candidate lists of those individuals selected by the
            Trade Representative to be candidates eligible to serve
            on binational panels and extraordinary challenge
            committees convened pursuant to chapter 19 of the
            Agreement during the 1-year period beginning on April 1
            of such calendar year. An individual may be included on
            a final candidate list only if written notice of the
            addition of such individual to the preliminary
            candidate list was submitted to the appropriate
            Congressional Committees at least 15 days before the
            date on which that final candidate list is submitted to
            the appropriate Congressional Committees under this
            subparagraph.
              (B) Except as provided in paragraph (5), no additions
            may be made to the final candidate lists after the
            final candidate lists are submitted to the appropriate
            Congressional Committees under subparagraph (A).
              (5)(A) If, after the Trade Representative has
            submitted the final candidate lists to the appropriate
            Congressional Committees under paragraph (4)(A) for a
            calendar year and before July 1 of such calendar year,
            the Trade Representative determines that additional
            individuals need to be added to a final candidate list,
            the Trade Representative shall--
                      (i) request the interagency group established
                    under paragraph (1)(A) to prepare a list of
                    individuals who are qualified to be added to
                    such candidate list,
                      (ii) select individuals from the list
                    prepared by the interagency group under
                    paragraph (1)(B)(ii) to be included in a
                    proposed amendment to such final candidate
                    list, and
                      (iii) by no later than July 1 of such
                    calendar year, submit to the appropriate
                    Congressional Committees the proposed
                    amendments to such final candidate list
                    developed by the Trade Representative under
                    clause (ii).
              (B) Upon submission of a proposed amendment under
            subparagraph (A)(iii) to the appropriate Congressional
            Committees, the Trade Representative shall consult with
            the appropriate Congressional Committees with regard to
            the individuals included in the proposed amendment.
              (C) The Trade Representative may add or delete
            individuals from any proposed amendment submitted under
            subparagraph (A)(iii) after consulting the appropriate
            Congressional Committees with regard to such addition
            or deletion. The Trade Representative shall provide to
            the appropriate Congressional Committees written notice
            of any addition or deletion of an individual from the
            proposed amendment.
              (D)(i) If the Trade Representative submits under
            subparagraph (A)(iii) in any calendar year a proposed
            amendment to a final candidate list, the Trade
            Representative shall, by no later than September 30 of
            such calendar year, submit to the appropriate
            Congressional Committees the final form of such
            amendment. On October 1 of such calendar year, such
            amendment shall take effect and the individuals
            included in the final form of such amendment shall be
            added to the final candidate list.
              (ii) An individual may be included in the final form
            of an amendment submitted under clause (i) only if
            written notice of the addition of such individual to
            the proposed form of such amendment was submitted to
            the appropriate Congressional Committees at least 15
            days before the date on which the final form of such
            amendment is submitted under clause (i).
              (iii) Individuals added to a final candidate list
            under clause (i) shall be eligible to serve on
            binational panels or extraordinary challenge committees
            convened pursuant to chapter 19 of the Agreement, as
            the case may be, during the 6-month period beginning on
            October 1 of the calendar year in which such addition
            occurs.
              (iv) No additions may be made to the final form of an
            amendment described in clause (i) after the final form
            of such amendment is submitted to the appropriate
            Congressional Committees under clause (i).
              (6)(A) The Trade Representative is the only officer
            of the Government of the United States authorized to
            act on behalf of the Government of the United States in
            making any selection or appointment of an individual
            to--
                      (i) the rosters described in Annex 1901.2(1)
                    and Annex 1904.13(1) of the Agreement, or
                      (ii) the binational panels or extraordinary
                    challenge committees convened pursuant to
                    chapter 19 of the Agreement,
            that is to be made solely or jointly by the Government
            of the United States under the terms of the Agreement.
              (B) Except as otherwise provided in paragraph (7)(B),
            the Trade Representative may--
                      (i) select an individual for placement on the
                    rosters described in Annex 1901.2(1) and Annex
                    1904.13(1) of the Agreement during the 1-year
                    period beginning on April 1 of any calendar
                    year,
                      (ii) appoint an individual to serve as one of
                    those members of any binational panel or
                    extraordinary challenge committee convened
                    pursuant to chapter 19 of the Agreement during
                    such 1-year period who, under the terms of the
                    Agreement, are to be appointed solely by the
                    Government of the United States, or
                      (iii) act to make a joint appointment with
                    the Government of Canada, under the terms of
                    the Agreement, of any individual who is a
                    citizen or national of the United States to
                    serve as any other member of such a panel or
                    committee,
            only if such individual is on the appropriate final
            candidate list that was submitted to the appropriate
            Congressional Committees under paragraph (4)(A) during
            such calendar year or on such list as it may be amended
            under paragraph (5)(D)(i).
              (7)(A) Except as otherwise provided in this
            paragraph, no individual may--
                      (i) be selected by the Government of the
                    United States for placement on the rosters
                    described in Annex 1901.2(1) and Annex
                    1904.13(1) of the Agreement, or
                      (ii) be appointed solely or jointly by the
                    Government of the United States to serve as a
                    member of a binational panel or extraordinary
                    challenge committee convened pursuant to
                    chapter 19 of the Agreement,
            during the 1-year period beginning on April 1 of any
            calendar year for which the Trade Representative has
            not met the requirements of this subsection.
              (B)(i) Notwithstanding paragraphs (3), (4), or (6)(B)
            (other than paragraph (3)(A)), individuals listed on
            the preliminary candidate lists submitted to the
            appropriate Congressional Committees under paragraph
            (3)(A) may--
                      (I) be selected by the Trade Representative
                    for placement on the rosters described in Annex
                    1901.2(1) and Annex 1904.13(1) of the Agreement
                    during the 3-month period beginning on the date
                    on which the Agreement enters into force, and
                      (II) be appointed solely or jointly by the
                    Trade Representative under the terms of the
                    Agreement to serve as members of binational
                    panels or extraordinary challenge committees
                    that are convened pursuant to chapter 19 of the
                    Agreement during such 3-month period.
              (ii) If the Agreement enters into force after January
            3, 1989, the provisions of this subsection shall be
            applied with respect to the calendar year in which the
            Agreement enters into force--
                      (I) by substituting ``the date that is 30
                    days after the date on which the Agreement
                    enters into force'' for ``January 3 of each
                    calendar year'' in paragraphs (1)(B)(i) and
                    (3)(A), and
                      (II) by substituting ``the date that is 3
                    months after the date on which the Agreement
                    enters into force'' for ``March 31 of each
                    calendar year'' in paragraph (4)(A).
      (b) Status of Panelists.--Notwithstanding any other provision
    of law, individuals appointed by the United States to serve on
    panels or committees convened pursuant to chapter 19 of the
    Agreement, and individuals designated to assist such appointed
    individuals, shall not be considered to be employees or special
    employees of, or to be otherwise affiliated with, the
    Government of the United States.
      (c) Immunity of Panelists.--With the exception of acts
    described in section 777f(d)(3) of the Tariff Act of 1930, as
    added by this Act, individuals serving on panels or committees
    convened pursuant to chapter 19 of the Agreement, and
    individuals designated to assist the individuals serving on
    such panels or committees, shall be immune from suit and legal
    process relating to acts performed by such individuals in their
    official capacity and within the scope of their functions as
    such panelists or committee members or assistants to such
    panelists or committee members.
      (d) Regulations.--The administering authority under title VII
    of the Tariff Act of 1930, the United States International
    Trade Commission, and the United States Trade Representative
    may promulgate such regulations as are necessary or appropriate
    to carry out actions in order to implement their respective
    responsibilities under chapters 18 and 19 of the Agreement.
    Initial regulations to carry out such functions shall be issued
    prior to the date of entry into force of the Agreement.
      (e) Establishment of United States Secretariat.--
              (1) The President is authorized to establish within
            any department or agency of the Federal Government a
            United States Secretariat which, subject to the
            oversight of the interagency group established under
            subsection (a)(1)(A), shall facilitate--
                      (A) the operation of chapters 18 and 19 of
                    the Agreement, and
                      (B) the work of the binational panels and
                    extraordinary challenge committees convened
                    under chapters 18 and 19 of the Agreement.
              (2) The United States Secretariat established by the
            President under paragraph (1) shall not be considered
            to be an agency for purposes of section 552 of title 5,
            United States Code.

    SEC. 406. AUTHORIZATION OF APPROPRIATIONS FOR THE SECRETARIAT, THE
                        PANELS, AND THE COMMITTEES.

      (a) The Secretariat.--There are authorized to be appropriated
    to the department or agency within which the United States
    Secretariat described in chapter 19 of the Agreement is
    established the lesser of--
              (1) such sums as may be necessary, or
              (2) $5,000,000,
    for each fiscal year succeeding fiscal year 1988 for the
    establishment and operations of such United States Secretariat
    and for the payment of the United States share of the expenses
    of the dispute settlement proceedings under chapter 18 of the
    Agreement.
      (b) Panels and Committees.--
              (1) There are authorized to be appropriated to the
            Office of the United States Trade Representative for
            fiscal year 1990, $1,492,000 \17\ to pay during such
            fiscal year the United States share of the expenses of
            binational panels and extraordinary challenge
            committees convened pursuant to chapter 19 of the
            Agreement.
    ---------------------------------------------------------------------------
        \17\ Sec. 1(b) of Public Law 101-207 (103 Stat. 1833) struck out
    ``1989, such sums as may be necessary'' and inserted in lieu thereof
    ``1990, $1,492,000''.
    ---------------------------------------------------------------------------
              (2) \18\ The United States Trade Representative is
            authorized to transfer to any department or agency of
            the United States, from sums appropriated pursuant to
            the authorization provided under paragraph (1) or
            section 141(g)(1) of the Trade Act of 1974, such funds
            as may be necessary to facilitate the payment of the
            expenses described in paragraph (1).
    ---------------------------------------------------------------------------
        \18\ Sec. 103(b) of the Customs and Trade Act of 1990 (Public Law
    101-382; 104 Stat. 635) amended and restated para. (2).
    ---------------------------------------------------------------------------
              (3) Funds appropriated for the payment of expenses
            described in paragraph (1) during any fiscal year may
            be expended only to the extent such funds do not exceed
            the amount authorized to be appropriated under
            paragraph (1) for such fiscal year. This paragraph
            shall apply, notwithstanding any law enacted after the
            date of enactment of this Act, unless such subsequent
            law specifically provides that this paragraph shall not
            apply and specifically cites this paragraph.
              (4) \19\ If the Canadian Secretariat described in
            chapter 19 of the Agreement provides funds during any
            fiscal year for the purpose of paying, in accordance
            with Annex 1901.2 of the Agreement, the Canadian share
            of the expenses of binational panels, the United States
            Secretariat established under section 405(e)(1) may
            hereafter retain and use such funds for such purposes.
    ---------------------------------------------------------------------------
        \19\ Sec. 134(b)(1) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 651) added para. (4).
    ---------------------------------------------------------------------------

    SEC. 407. TESTIMONY AND PRODUCTION OF PAPERS IN EXTRAORDINARY
                        CHALLENGES.

      (a) Authority of Extraordinary Challenge Committee To Obtain
    Information.--If an extraordinary challenge committee
    (hereinafter referred to in this section as the ``committee'')
    is convened pursuant to article 1904(13) of the Agreement, and
    the allegations before the committee include a matter referred
    to in article 1904(13)(a)(i) of the Agreement, for the purposes
    of carrying out its functions and duties under Annex 1904.13 of
    the Agreement, the committee--
              (1) shall have access to, and the right to copy, any
            document, paper, or record pertinent to the subject
            matter under consideration, in the possession of any
            individual, partnership, corporation, association,
            organization, or other entity,
              (2) may summon witnesses, take testimony, and
            administer oaths,
              (3) may require any individual, partnership,
            corporation, association, organization, or other entity
            to produce documents, books, or records relating to the
            matter in question, and
              (4) may require any individual, partnership,
            corporation, association, organization, or other entity
            to furnish in writing, in such detail and in such form
            as the committee may prescribe, information in its
            possession pertaining to the matter.
    Any member of the committee may sign subpoenas, and members of
    the committee, when authorized by the committee, may administer
    oaths and affirmations, examine witnesses, take testimony, and
    receive evidence.
      (b) Witnesses and Evidence.--The attendance of witnesses who
    are authorized to be summoned, and the production of
    documentary evidence authorized to be ordered, under subsection
    (a) may be required from any place in the United States at any
    designated place of hearing. In the case of disobedience to a
    subpoena authorized under subsection (a), the committee may
    request the Attorney General of the United States to invoke the
    aid of any district or territorial court of the United States
    in requiring the attendance and testimony of witnesses and the
    production of documentary evidence. Such court, within the
    jurisdiction of which such inquiry is carried on, may, in case
    of contumacy or refusal to obey a subpoena issued to any
    individual, partnership, corporation, association,
    organization, or other entity, issue an order requiring such
    individual or entity to appear before the committee, or to
    produce documentary evidence if so ordered or to give evidence
    concerning the matter in question. Any failure to obey such
    order of the court may be punished by such court as a contempt
    thereof.
      (c) Mandamus.--Any court referred to in subsection (b) shall
    have jurisdiction to issue writs of mandamus commanding
    compliance with the provisions of this section or any order of
    the committee made in pursuance thereof.
      (d) Depositions.--The committee may order testimony to be
    taken by deposition at any stage of the committee review. Such
    deposition may be taken before any person designated by the
    committee and having power to administer oaths. Such testimony
    shall be reduced to writing by the person taking the
    deposition, or under the direction of such person, and shall
    then be subscribed by the deponent. Any individual,
    partnership, corporation, association, organization or other
    entity may be compelled to appear and depose and to produce
    documentary evidence in the same manner as witnesses may be
    compelled to appear and testify and produce documentary
    evidence before the committee, as provided in this section.

    SEC. 408. REQUESTS FOR REVIEW OF CANADIAN ANTIDUMPING AND
                        COUNTERVAILING DUTY DETERMINATIONS.

      (a) Requests for Review by the United States.--In the case of
    a final antidumping or countervailing duty determination of a
    competent investigating authority of Canada, as defined in
    article 1911 of the Agreement, requests by the United States
    for binational panel review under article 1904 of the Agreement
    shall be made by the United States Secretary, described in
    article 1909(4) of the Agreement.
      (b) Requests for Review by a Person.--In the case of a final
    antidumping or countervailing duty determination of a competent
    investigating authority of Canada, as defined in article 1911
    of the Agreement, a person, within the meaning of article
    1904(5) of the Agreement, may request a binational panel review
    of such determination by filing with the United States
    Secretary, described in article 1909(4) of the Agreement, such
    a request within the time limit provided for in article 1904(4)
    of the Agreement. The receipt of such request by the United
    States Secretary shall be deemed to be a request for binational
    panel review within the meaning of article 1904(4) of the
    Agreement. Such request shall contain such information and be
    in such form, manner, and style as the administering authority
    shall prescribe by regulations. The request for such panel
    review shall not preclude the United States, Canada, or any
    other person from challenging before a binational panel the
    basis for a particular request for review.
      (c) Service of Request for Review.--Whenever binational panel
    review is requested under this section, the United States
    Secretary shall serve a copy of the request on all who would
    otherwise be entitled under Canadian law to commence procedures
    for judicial review of a final antidumping or countervailing
    duty determination made by a competent investigating authority
    of Canada.\20\
    ---------------------------------------------------------------------------
        \20\ Sec. 134(b)(2) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 651) stuck out ``persons who would be regarded
    as interested parties to the proceeding if the determination in
    question had been made under title VII of the Tariff Act of 1930.'' and
    inserted in lieu thereof ``who would otherwise be entitled under
    Canadian law to commence procedures for judicial review of a final
    antidumping or countervailing duty determination made by a competent
    investigating authority of Canada.''.
    ---------------------------------------------------------------------------

    SEC. 409. SUBSIDIES.

      (a) Negotiating Authority.--
              (1) The President is authorized to enter into an
            agreement with Canada, including an agreement to amend
            the Agreement, on rules applicable to trade between the
            United States and Canada that--
                      (A) deal with unfair pricing and government
                    subsidization, and
                      (B) provide for increased discipline on
                    subsidies.
              (2)(A) The objectives of the United States in
            negotiating an agreement under paragraph (1) include
            (but are not limited to)--
                      (i) achievement, on an expedited basis, of
                    increased discipline on government production
                    and export subsidies that have a significant
                    impact, directly or indirectly, on bilateral
                    trade between the United States and Canada; and
                      (ii) attainment of increased and more
                    effective discipline on those Canadian
                    Government (including provincial) subsidies
                    having the most significant adverse impact on
                    United States producers that compete with
                    subsidized products of Canada in the markets of
                    the United States and Canada.
              (B) Special emphasis should be given in negotiating
            an agreement under paragraph (1) to obtain discipline
            on Canadian subsidy programs that adversely affect
            United States industries which directly compete with
            subsidized imports.
              (3) \21\ The United States members of the working
            group established under article 1907 of the Agreement
            shall consult regularly with the Committee on Finance
            of the Senate, the Committee on Ways and Means of the
            House of Representatives, and advisory committees
            established under section 135 of the Trade Act of 1974
            regarding--
    ---------------------------------------------------------------------------
        \21\ Sec. 1021(d) of Public Law 104-66 (109 Stat. 712) amended and
    restated para. (3), eliminating an annual report to congressional
    committees on the progress being made reaching the objectives stated in
    para. (2).
    ---------------------------------------------------------------------------
                      (A) the issues being considered by the
                    working group; and
                      (B) as appropriate, the objectives and
                    strategy of the United States in the
                    negotiations.
              (4) Notwithstanding any other provision of this Act
            or of any other law, the provisions of section 151 of
            the Trade Act of 1974 (19 U.S.C. 2191) shall not apply
            to any bill or joint resolution that implements an
            agreement entered into under paragraph (1), unless the
            President determines and notifies the Congress that
            such agreement--
                      (A) will provide greater discipline over
                    government subsidies and no less discipline
                    over unfair pricing practices by producers than
                    that provided by the agreements described in
                    paragraphs (5) and (6) of section 2 of the
                    Trade Agreements Act of 1979 (the Subsidies
                    Code and Antidumping Code), respectively,
                    taking into account the effects of the
                    Agreement, and
                      (B) will neither undermine such multilateral
                    discipline nor detract from United States
                    efforts to increase such discipline on a
                    multilateral basis in, or subsequent to, the
                    Uruguay Round of multilateral trade
                    negotiations.
      (b) Identification of Industries Facing Subsidized Imports.--
              (1) Any entity, including a trade association, firm,
            certified or recognized union, or group of workers,
            that is representative of a United States industry and
            has reason to believe that--
                      (A)(i) as a result of implementation of
                    provisions of the Agreement, the industry is
                    likely to face increased competition from
                    subsidized Canadian imports with which it
                    directly competes; or
                      (ii) the industry is likely to face increased
                    competition from subsidized imports with which
                    it directly competes from any other country
                    designated by the President, following
                    consultations with the Congress, as benefiting
                    from a reduction of tariffs or other trade
                    barriers under a trade agreement that enters
                    into force after January 1, 1989; and
                      (B) the industry is likely to experience a
                    deterioration of its competitive position
                    before rules and disciplines relating to the
                    use of government subsidies have been developed
                    with respect to such country;
            may file a petition with the United States Trade
            Representative (hereafter referred to in this section
            as the ``Trade Representative'') to be identified under
            this section.
              (2) Within 90 days of receipt of a petition under
            paragraph (1), the Trade Representative, in
            consultation with the Secretary of Commerce, shall
            decide whether to identify the industry on the basis
            that there is a reasonable likelihood that the industry
            may face both the subsidization described in paragraph
            (1)(A) and the deterioration described in paragraph
            (1)(B).
              (3) At the request of an entity that is
            representative of an industry identified under
            paragraph (2), the Trade Representative shall--
                      (A) compile and make available to the
                    industry information under section 308 \22\ of
                    the Trade Act of 1974,
    ---------------------------------------------------------------------------
        \22\ Sec. 134(b)(3) of the Customs and Trade Act of 1990 (Public
    Law 101-382; 104 Stat. 651) struck out ``section 305'' and inserted in
    lieu thereof ``section 308''.
    ---------------------------------------------------------------------------
                      (B) recommend to the President that an
                    investigation by the United States
                    International Trade Commission be requested
                    under section 332 of the Tariff Act of 1930, or
                      (C) take actions described in both
                    subparagraphs (A) and (B).
            The industry may request the Trade Representative to
            take appropriate action to update (as often as
            annually) any information obtained under subparagraph
            (A) or (B), or both, as the case may be, until an
            agreement on adequate rules and disciplines relating to
            government subsidies is reached.
              (4)(A) The Trade Representative and the Secretary of
            Commerce shall review information obtained under
            paragraph (3) and consult with the industry identified
            under paragraph (2) with a view to deciding whether any
            action is appropriate under section 301 of the Trade
            Act of 1974, including the initiation of an
            investigation under section 302(c) of that Act (in the
            case of the Trade Representative), or under subtitle A
            of title VII of the Tariff Act of 1930, including the
            initiation of an investigation under section 702(a) of
            that Act (in the case of the Secretary of Commerce).
              (B) In determining whether to initiate any
            investigation under section 301 of the Trade Act of
            1974 or any other trade law, other than title VII of
            the Tariff Act of 1930, the Trade Representative, after
            consultation with the Secretary of Commerce--
                      (i) shall seek the advice of the advisory
                    committees established under section 135 of the
                    Trade Act of 1974;
                      (ii) shall consult with the Committee on
                    Finance of the Senate and the Committee on Ways
                    and Means of the House of Representatives;
                      (iii) shall coordinate with the interagency
                    committee established under section 242 of the
                    Trade Expansion Act of 1962; and
                      (iv) may ask the President to request advice
                    from the United States International Trade
                    Commission.
              (C) In the event an investigation is initiated under
            section 302(c) of the Trade Act of 1974 as a result of
            a review under this paragraph and the President,
            following such investigation (including any applicable
            dispute settlement proceedings under the Agreement or
            any other trade agreement), determines to take action
            under section 301(a) of such Act, the President shall
            give preference to actions that most directly affect
            the products that benefit from governmental subsidies
            and were the subject of the investigation, unless there
            are no significant imports of such products or the
            President otherwise determines that application of the
            action to other products would be more effective.
              (5) Any decision, whether positive or negative, or
            any action by the Trade Representative or the Secretary
            of Commerce under this section shall not in any way--
                      (A) prejudice the right of any industry to
                    file a petition under any trade law,
                      (B) prejudice, affect, or substitute for, any
                    proceeding, investigation, determination, or
                    action by the Secretary of Commerce, the United
                    States International Trade Commission, or the
                    Trade Representative pursuant to such a
                    petition,
                      (C) prejudice, affect, substitute for, or
                    obviate any proceeding, investigation, or
                    determination under section 301 of the Trade
                    Act of 1974, title VII of the Tariff Act of
                    1930, or any other trade law.
              (6) Nothing in this subsection may be construed to
            alter in any manner the requirements in effect before
            the enactment of this Act for standing under any law of
            the United States or to add any additional requirements
            for standing under any law of the United States.

    SEC. 410. TERMINATION OF AGREEMENT.

      (a) In General.--If--
              (1) no agreement is entered into between the United
            States and Canada on a substitute system of rules for
            antidumping and countervailing duties before the date
            that is 7 years after the date on which the Agreement
            enters into force, and
              (2) the President decides not to exercise the rights
            of the United States under article 1906 of the
            Agreement to terminate the Agreement,
    the President shall submit to the Congress a report on such
    decision which explains why continued adherence to the
    Agreement is in the national economic interest of the United
    States. In calculating the 7-year period referred to in
    paragraph (1), any time during which Canada is a NAFTA country
    (as defined in section 2(4) of the North American Free Trade
    Agreement Implementation Act) shall be disregarded.\23\
    ---------------------------------------------------------------------------
        \23\ Sec. 413 of the North American Free Trade Agreement
    Implementation Act (Public Law 103-182; 107 Stat. 2147) added the last
    sentence of subsec. (a).
    ---------------------------------------------------------------------------
      (b) Transition Provisions.--
              (1) If on the date on which the Agreement should
            cease to be in force an investigation or enforcement
            proceeding concerning the violation of a protective
            order issued under section 777(d) of the Tariff Act of
            1930 (as amended by this Act) or a Canadian undertaking
            is pending, such investigation or proceeding shall
            continue and sanctions may continue to be imposed in
            accordance with the provisions of such section.
              (2) If on the date on which the Agreement should
            cease to be in force a binational panel review under
            article 1904 of the Agreement is pending, or has been
            requested, with respect to a determination to which
            section 516A(g)(2) of the Tariff Act of 1930 (as added
            by this Act) applies, such determination shall be
            reviewable under section 516A(a) of the Tariff Act of
            1930. In the case of a determination to which the
            provisions of this paragraph apply, the time limits for
            commencing an action under section 516A(a)(2)(A) of the
            Tariff Act of 1930 shall not begin to run until the
            date on which the Agreement ceases to be in force.

                   TITLE V--EFFECTIVE DATES AND SEVERABILITY

    SEC. 501. EFFECTIVE DATES.

      (a) In General.--Except as provided in subsection (b), the
    provisions of this Act, and the amendments made by this Act,
    shall take effect on the date the Agreement enters into force.
      (b) Exceptions.--Sections 1 and 2, title I, section 304
    (except subsection (f)), section 309, this section and section
    502 shall take effect on the date of enactment of this Act.
        (c) \24\ Termination or Suspension of Agreement.--
    ---------------------------------------------------------------------------
        \24\ Sec. 107 of the North American Free Trade Agreement
    Implementation Act (Public Law 103-182; 107 Stat. 2065) amended and
    restated subsec. (c). Sec. 109(a)(2) of that Act further provided:
        ``(2) Section 107 amendment.--The amendment made by section 107
    takes effect on the date the Agreement enters into force between the
    United States and Canada.''.
    ---------------------------------------------------------------------------
              (1) Termination of agreement.--On the date the
            Agreement ceases to be in force, the provisions of this
            Act (other than this paragraph and section 410(b)), and
            the amendments made by this Act, shall cease to have
            effect.
              (2) Effect of agreement suspension.--An agreement by
            the United States and Canada to suspend the operation
            of the Agreement shall not be deemed to cause the
            Agreement to cease to be in force within the meaning of
            paragraph (1).
              (3) Suspension resulting from nafta.--On the date the
            United States and Canada agree to suspend the operation
            of the Agreement by reason of the entry into force
            between them of the North American Free Trade
            Agreement, the following provisions of this Act are
            suspended and shall remain suspended until such time as
            the suspension of the Agreement may be terminated:
                      (A) Sections 204 (a) and (b) and 205(a).
                      (B) Sections 302 and 304(f).
                      (C) Sections 404, 409, and 410(b).

    SEC. 502. SEVERABILITY.

      If any provision of this Act, any amendment made by this Act,
    or the application of such a provision or amendment to any
    person or circumstances is held to be invalid, the remainder of
    this Act, the remaining amendments made by this Act, and the
    application of such provision or amendment to persons or
    circumstances other than those to which it is held invalid,
    shall not be affected thereby.
                   (9) Caribbean Basin Economic Recovery Act

     Partial text of Public Law 98-67 [H.R. 2973], 97 Stat. 369, approved
     August 5, 1983; as amended by Public Law 98-573 [Trade and Tariff Act
    of 1984; H.R. 3398], 98 Stat. 2948 at 2992, approved October 30, 1984;
      by Public Law 99-514 [Tax Reform Act of 1986; H.R. 3838], 100 Stat.
      2085 at 2926, approved October 22, 1986; by Public Law 99-570 [Anti-
     Drug Abuse Act of 1986, H.R. 5484], 100 Stat. 3207, approved October
    27, 1986; by Public Law 100-418 [Omnibus Trade and Competitiveness Act
     of 1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public
      Law 100-647 [Technical and Miscellaneous Revenue Act of 1988; H.R.
     4333], 102 Stat. 3342, approved November 10, 1988; Public Law 101-382
       [Customs and Trade Act of 1990, Caribbean Basin Economic Recovery
     Expansion Act of 1990; H.R. 1594], 104 Stat. 629, approved August 20,
         1990; Public Law 103-182 [North American Free Trade Agreement
     Implementation Act; H.R. 3450], 107 Stat. 2057, approved December 8,
    1993; Public Law 103-465 [Uruguay Round Agreements Act; H.R. 5110], 108
       Stat. 4809, approved December 8, 1994; Public Law 104-188 [Small
       Business Job Protection Act of 1996; H.R. 3448], 110 Stat. 1755,
     approved August 20, 1996; Public Law 104-295 [Miscellaneous Trade and
    Technical Corrections Act of 1996; H.R. 3815], 110 Stat. 3514, approved
      October 11, 1996; Public Law 106-200 [Trade and Development Act of
     2000; H.R. 434], 114 Stat. 251, approved May 18, 2000; Public Law 107-
    206 [2002 Supplemental Appropriations Act for Further Recovery from and
      Response to Terrorist Attacks on the United States; H.R. 4775], 116
     Stat. 820, approved August 2, 2002; Public Law 107-210 [Andean Trade
    Promotion and Drug Eradication Act; H.R. 3009], 116 Stat. 933, approved
     August 6, 2002; Public Law 108-429 [Miscellaneous Trade and Technical
    Corrections Act of 2004; H.R. 1047], 118 Stat. 2434, approved December
      3, 2004; and Public Law 109-53 [Dominican Republic-Central America-
    United States Free Trade Agreement Implementation Act; H.R. 3045], 119
                       Stat. 462, approved August 2, 2005

     AN ACT To promote economic revitalization and facilitate expansion of
     economic opportunities in the Caribbean Basin region, to provide for
     backup withholding of tax from interest and dividends, and for other
                                   purposes.

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

                      TITLE II--CARIBBEAN BASIN INITIATIVE

    SEC. 201.\1\ SHORT TITLE.

        This title may be cited as the ``Caribbean Basin Economic
    Recovery Act''.
    ---------------------------------------------------------------------------
        \1\ See also sec. 1909 of the Omnibus Trade and Competitiveness Act
    of 1988 (Public Law 100-418; 102 Stat. 1317), as found on page 740.
        See also sec. 202 of the United States-Caribbean Basin Trade
    Partnership Act (Title II of Public Law 106-200; 114 Stat. 252) as
    found on page 944.
        See also sec. 203 of the United States-Caribbean Basin Trade
    Partnership Act (Public Law 106-200; 114 Stat. 252), as found on page
    945.
    ---------------------------------------------------------------------------

                        Subtitle A--Duty-Free Treatment

    SEC. 211.\2\ AUTHORITY TO GRANT DUTY-FREE TREATMENT.

        The President may proclaim duty-free treatment (or other
    preferential treatment) \3\ for all eligible articles from any
    beneficiary country in accordance with the provisions of this
    title.
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 2701. Pursuant to the authority vested in him by sec.
    211, the President issued Proclamation 5133 on November 30, 1983,
    implementing the duty-free treatment provided in accordance with the
    provisions of this Act.
        \3\ Sec. 211(e)(1)(A) of Public Law 106-200 (114 Stat. 287)
    inserted ``(or other preferential treatment)''.
    ---------------------------------------------------------------------------

    SEC. 212.\4\ BENEFICIARY COUNTRY.

        (a)(1) For purposes of this title--
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 2702.
    ---------------------------------------------------------------------------
                      (A) The term ``beneficiary country'' means
                    any country listed in subsection (b) with
                    respect to which there is in effect a
                    proclamation by the President designating such
                    country as a beneficiary country for purposes
                    of this title. Before the President designates
                    any country as a beneficiary country for
                    purposes of this title, he shall notify the
                    House of Representatives and the Senate of his
                    intention to make such designation, together
                    with the considerations entering into such
                    decision.
                      (B) The term ``entered'' means entered, or
                    withdrawn from warehouse for consumption, in
                    the customs territory of the United States.
                      (C) The term ``HTS'' means Harmonized Tariff
                    Schedule of the United States \5\ (19 U.S.C.
                    1202).
    ---------------------------------------------------------------------------
        \5\ Sec. 1214(q)(1) of Public Law 100-418 (102 Stat. 1159) struck
    out `` `TSUS' means Tariff Schedules of the United States'' and
    inserted in lieu thereof `` `HTS' means Harmonized Tariff Schedule of
    the United States''.
    ---------------------------------------------------------------------------
                      (D) \6\ The term ``NAFTA'' means the North
                    American Free Trade Agreement entered into
                    between the United States, Mexico, and Canada
                    on December 17, 1992.
    ---------------------------------------------------------------------------
        \6\ Sec. 211(e)(2) of Public Law 106-200 added subparas. (D) and
    (E).
    ---------------------------------------------------------------------------
                      (E) \6\ The terms ``WTO'' and ``WTO member''
                    have the meanings given those terms in section
                    2 of the Uruguay Round Agreements Act (19
                    U.S.C. 3501).
                      (F) \7\ The term ``former beneficiary
                    country'' means a country that ceases to be
                    designated as a beneficiary country under this
                    title because the country has become a party to
                    a free trade agreement with the United States.
    ---------------------------------------------------------------------------
        \7\ Sec. 402(a) of the Dominican Republic-Central America-United
    States Free Trade Agreement Implementation Act (Public Law 109-53; 119
    Stat. 495) added subpara. (F).
    ---------------------------------------------------------------------------
            (2) If the President has designated any country as a
            beneficiary country for purposes of this title, he
            shall not terminate such designation (either by issuing
            a proclamation for that purpose or by issuing a
            proclamation which has the effect of terminating such
            designation) unless, at least sixty days before such
            termination, he has notified the House of
            Representatives and the Senate and has notified such
            country of his intention to terminate such designation,
            together with the considerations entering into such
            decision.
        (b) In designating countries as ``beneficiary countries''
    under this title the President shall consider only the
    following countries and territories or successor political
    entities:
    ---------------------------------------------------------------------------
        \8\ On October 4, 2000, in Presidential Proclamation 7351 (65 F.R.
    59329) the President designated these countries as Caribbean Basin
    Trade Partnership Act (CBTPA) beneficiary countries pursuant to section
    213(b)(5)(B) of the Caribbean Basin Economic Recovery Act (CBERA).
        \9\ Sec. 402(b) of the Dominican Republic-Central America-United
    States Free Trade Agreement Implementation Act (Public Law 109-53; 119
    Stat. 495) provided that Costa Rica, the Dominican Republic, El
    Salvador, Guatemala, Honduras, and Nicaragua shall be struck from the
    list of countries eligible for designation as beneficiary countries,
    effective on the date the President terminates the designation of such
    countries as beneficiary countries. As of December 31, 2005, the
    President had not terminated the designation for any of these
    countries.
        \10\ In a memorandum of June 25, 1993, to the United States Trade
    Representative (58 F.R. 34861), the President determined that, ``after
    considered various private sector requests for a review of whether or
    not certain beneficiary developing countries are providing adequate and
    effective means under their laws for foreign nationals to secure, to
    exercise, and to enforce exclusive rights in intellectual property,
    including patents, trademarks, and copyrights, I have determined to
    continue the review of the Dominican Republic, Guatemala, and
    Honduras.''.

    ---------------------------------------------------------------------------
    Virgin Islands, British \8\

    In addition, the President shall not designate any country a
    beneficiary country under this title--
    ---------------------------------------------------------------------------
        \11\ In a memorandum of June 25, 1993, to the United States Trade
    Representative (58 F.R. 34861), the President determined ``that Panama
    has taken or is taking steps to afford international recognized worker
    rights, and I have determined that Mauritania has not taken and is not
    taking steps to afford such internationally recognized rights.
    Therefore, I am notifying the Congress of my intention to suspend the
    GSP eligibility of Mauritania. Finally, I have determined to continue
    to review the status of such worker rights in Bahrain, El Salvador,
    Fiji, Guatemala, Indonesia, Malawi, Oman, and Thailand.''.
        \12\ On November 7, 1990, in Presidential Determination No. 91-8
    (55 F.R. 49499), the President determined that the designation of
    Nicaragua as a beneficiary country under this Act would be in the
    national security interest of the United States, and subsequently
    waived the application of sec. 212(b)(7) (as added by Public Law 101-
    382) toward Nicaragua. In Proclamation 6223 of November 8, 1990 (55
    F.R. 47447), the President designated Nicaragua as a beneficiary
    country for the purposes of the Caribbean Basin Economic Recovery Act.
    ---------------------------------------------------------------------------
              (1) if such country is a Communist country;
              (2) if such country--
                      (A) has nationalized, expropriated or
                    otherwise seized ownership or control of
                    property owned by a United States citizen or by
                    a corporation, partnership, or association
                    which is 50 per centum or more beneficially
                    owned by United States citizens,
                      (B) has taken steps to repudiate or nullify--
                            (i) any existing contract or agreement
                            with, or
                            (ii) any patent, trademark, or other
                            intellectual property of,
                    a United States citizen or a corporation,
                    partnership, or association which is 50 per
                    centum or more beneficially owned by United
                    States citizens, the effect of which is to
                    nationalize, expropriate, or otherwise seize
                    ownership or control of property so owned, or
                      (C) has imposed or enforced taxes or other
                    exactions, restrictive maintenance or
                    operational conditions, or other measures with
                    respect to property so owned, the effect of
                    which is to nationalize, expropriate, or
                    otherwise seize ownership or control of such
                    property, unless the President determines
                    that--
                              (i) prompt, adequate, and effective
                            compensation has been or is being made
                            to such citizen, corporation,
                            partnership, or association,
                              (ii) good-faith negotiations to
                            provide prompt, adequate, and effective
                            compensation under the applicable
                            provisions of international law are in
                            progress, or such country is otherwise
                            taking steps to discharge its
                            obligations under international law
                            with respect to such citizen,
                            corporation, partnership, or
                            association, or
                              (iii) a dispute involving such
                            citizen, corporation, partnership, or
                            association, over compensation for such
                            a seizure has been submitted to
                            arbitration under the provisions of the
                            Convention for the Settlement of
                            Investment Disputes, or in another
                            mutually agreed upon forum, and
            promptly furnishes a copy of such determination to the
            Senate and House of Representatives;
              (3) if such country fails to act in good faith in
            recognizing as binding or in enforcing arbitral awards
            in favor of United States citizens or a corporation,
            partnership or association which is 50 per centum or
            more beneficially owned by United States citizens,
            which have been made by arbitrators appointed for each
            case or by permanent arbitral bodies to which the
            parties involved have submitted their dispute;
              (4) if such country affords preferential treatment to
            the products of a developed country, other than the
            United States, which has, or is likely to have, a
            significant adverse effect on United States commerce,
            unless the President has received assurances
            satisfactory to him that such preferential treatment
            will be eliminated or that action will be taken to
            assure that there will be no such significant adverse
            effect, and he reports those assurances to the
            Congress;
              (5) if a government-owned entity in such country
            engages in the broadcast of copyrighted material,
            including films or television material, belonging to
            United States copyright owners without their express
            consent; \13\
    ---------------------------------------------------------------------------
        \13\ Secs. 213 (1) through (3) of the Caribbean Basin Economic
    Recovery Expansion Act of 1990 (title II of Public Law 101-382; 104
    Stat. 656) struck out ``and'' at the end of para. (5), struck out the
    period at the end of para. (6) and inserted in lieu thereof ``; and'',
    and added para. (7).
    ---------------------------------------------------------------------------
              (6) \14\ unless such country is a signatory to a
            treaty, convention, protocol, or other agreement
            regarding the extradition of United States citizens;
            and \13\
    ---------------------------------------------------------------------------
        \14\ Sec. 9002 of Public Law 99-570 (100 Stat. 3207-166) deleted
    former para. (6) and renumbered para. (7) as para. (6).
    ---------------------------------------------------------------------------
              (7) \13\ if such country has not or is not taking
            steps to afford internationally recognized worker
            rights (as defined in section 507(4) \15\ of the Trade
            Act of 1974) to workers in the country (including any
            designated zone in that country).
    ---------------------------------------------------------------------------
        \15\ Sec. 1954(a)(3) of Public Law 104-188 (110 Stat. 1927) struck
    out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
    ---------------------------------------------------------------------------
    Paragraphs (1), (2), (3), (5), and (7) \16\ shall not prevent
    the designation of any country as a beneficiary country under
    this Act if the President determines that such designation will
    be in the national economic or security interest of the United
    States and reports such determination to the Congress with his
    reasons therefor.
    ---------------------------------------------------------------------------
        \16\ Sec. 213(4) of the Caribbean Basin Economic Recovery Expansion
    Act of 1990 (title II of Public Law 101-382; 104 Stat. 656) struck out
    ``and (5)'' and inserted in lieu thereof ``(5), and (7)''.
    ---------------------------------------------------------------------------
        (c) In determining whether to designate any country a
    beneficiary country under this title, the President shall take
    into account--
              (1) an expression by such country of its desire to be
            so designated;
              (2) the economic conditions in such country, the
            living standards of its inhabitants, and any other
            economic factors which he deems appropriate;
              (3) the extent to which such country has assured the
            United States it will provide equitable and reasonable
            access to the markets and basic commodity resources of
            such country;
              (4) the degree to which such country follows the
            accepted rules of international trade provided for
            under the WTO Agreement and the multilateral trade
            agreements (as such terms are defined in paragraphs (9)
            and (4), respectively, of section 2 of the Uruguay
            Round Agreements Act); \17\
    ---------------------------------------------------------------------------
        \17\ Sec. 621(a)(2) of Public Law 103-465 (108 Stat. 4992) struck
    out ``General Agreement on Tariffs and Trade, as well as applicable
    trade agreements approved under section 2(a) of the Trade Agreements
    Act of 1979'' and inserted in lieu thereof ``WTO Agreement and the
    multilateral trade agreements (as such terms are defined in paragraphs
    (9) and (4), respectively, of section 2 of the Uruguay Round Agreements
    Act)''.
    ---------------------------------------------------------------------------
              (5) the degree to which such country uses export
            subsidies or imposes export performance requirements or
            local content requirements which distort international
            trade;
              (6) the degree to which the trade policies of such
            country as they relate to other beneficiary countries
            are contributing to the revitalization of the region;
              (7) the degree to which such country is undertaking
            self-help measures to promote its own economic
            development;
              (8) \18\ whether or not such country has taken or is
            taking steps to afford workers in that country
            (including any designated zone in that country)
            internationally recognized worker rights.
    ---------------------------------------------------------------------------
        \18\ Sec. 213(5) of the Caribbean Basin Economic Recovery Expansion
    Act of 1990 (title II of Public Law 101-382; 104 Stat. 656) amended and
    restated para. (8). The new text should end with a semicolon. Para. (8)
    formerly read as follows:
        ``(8) the degree to which workers in such country are afforded
    reasonable workplace conditions and enjoy the right to organize and
    bargain collectively;''.
    ---------------------------------------------------------------------------
              (9) the extent to which such country provides under
            its law adequate and effective means for foreign
            nationals to secure, exercise, and enforce exclusive
            rights in intellectual property, including patent,
            trademark, and copyright rights;
              (10) the extent to which such country prohibits its
            nationals from engaging in the broadcasts of
            copyrighted material, including films or television
            material, belonging to United States copyright owners
            without their express consent; and
              (11) the extent to which such country is prepared to
            cooperate with the United States in the administration
            of the provisions of this title.
        (d) General headnote 3(a) of the TSUS (relating to products
    of the insular possessions) is amended by adding at the end
    thereof the following paragraph:
              ``(iv) Subject to the provisions in section 213 of
            the Caribbean Basin Economic Recovery Act, articles
            which are imported from insular possessions of the
            United States shall receive duty treatment no less
            favorable than the treatment afforded such articles
            when they are imported from a beneficiary country under
            such Act.''.
      (e) \19\ (1)(A) \20\ The President may, after the
    requirements of subsection (a)(2) and paragraph (2) have been
    met--
    ---------------------------------------------------------------------------
        \19\ Sec. 1909(c) of Public Law 100-418 (102 Stat. 1318) amended
    and restated subsec. (e).
        \20\ Secs. 211(b)(1)(A) and (B) of Public Law 106-200 (114 Stat.
    286) redesignated subparas. (A) and (B) as clauses (i) and (ii), and
    inserted (A) after (1).
    ---------------------------------------------------------------------------
              (i) \20\ withdraw or suspend the designation of any
            country as a beneficiary country, or
              (ii) \20\ withdraw, suspend, or limit the application
            of duty-free treatment under this subtitle to any
            article of any country,
    if, after such designation, the President determines that as a
    result of changed circumstances such country would be barred
    from designation as a beneficiary country under subsection (b).
        (B) \21\ The President may, after the requirements of
    subsection (a)(2) and paragraph (2) have been met--
    ---------------------------------------------------------------------------
        \21\ Sec. 211(b)(1)(C) of Public Law 106-200 (114 Stat. 286) added
    subpara. (B).
    ---------------------------------------------------------------------------
              (i) withdraw or suspend the designation of any
            country as a CBTPA beneficiary country; or
              (ii) withdraw, suspend, or limit the application of
            preferential treatment under section 213(b)(2) and (3)
            to any article of any country,
    if, after such designation, the President determines that, as a
    result of changed circumstances, the performance of such
    country is not satisfactory under the criteria set forth in
    section 213(b)(5)(B).
      (2)(A) The President shall publish in the Federal Register
    notice of the action the President proposes to take under
    paragraph (1) at least 30 days prior to taking such action.
      (B) The United States Trade Representative shall, within the
    30-day period beginning on the date on which the President
    publishes under subparagraph (A) notice of proposed action--
              (i) accept written comments from the public regarding
            such proposed action,
              (ii) hold a public hearing on such proposed action,
            and
              (iii) publish in the Federal Register--
                      (I) notice of the time and place of such
                    hearing prior to the hearing, and
                      (II) the time and place at which such written
                    comments will be accepted.
        (3) \22\ If preferential treatment under section 213(b)(2)
    and (3) is withdrawn, suspended, or limited with respect to a
    CBTPA beneficiary country, such country shall not be deemed to
    be a `party' for the purposes of applying section 213(b)(5)(C)
    to imports of articles for which preferential treatment has
    been withdrawn, suspended, or limited with respect to such
    country.
    ---------------------------------------------------------------------------
        \22\ Sec. 211(b)(2) of Public Law 106-200 (114 Stat. 286) added
    para. (3).
    ---------------------------------------------------------------------------
        (f) Reporting Requirements.-- \23\
    ---------------------------------------------------------------------------
        \23\ Sec. 214 of the Caribbean Basin Economic Recovery Expansion
    Act of 1990 (title II of Public Law 101-382; 104 Stat. 656) added
    subsec. (f). Sec. 211(c)(1) of Public Law 106-200 (114 Stat. 286)
    restated the subsection. It originally read as follows:
        ``On or before October 1, 1993, and the close of each 3-year period
    thereafter, the President shall submit to the congress a complete
    report regarding the operation of this title, including the results of
    a general review of beneficiary countries based on the considerations
    described in subsections (b) and (c).''.
    ---------------------------------------------------------------------------
              (1) In general.--Not later than December 31, 2001,
            and every 2 years thereafter during the period this
            title is in effect, the United States Trade
            Representative shall submit to Congress a report
            regarding the operation of this title, including--
                      (A) with respect to subsections (b) and (c),
                    the results of a general review of beneficiary
                    countries based on the considerations described
                    in such subsections; and
                      (B) the performance of each beneficiary
                    country or CBTPA beneficiary country, as the
                    case may be, under the criteria set forth in
                    section 213(b)(5)(B).
              (2) Public comment.--Before submitting the report
            described in paragraph (1), the United States Trade
            Representative shall publish a notice in the Federal
            Register requesting public comments on whether
            beneficiary countries are meeting the criteria listed
            in section 213(b)(5)(B).

    SEC. 213.\24\ ELIGIBLE ARTICLES.

        (a)(1) Unless otherwise excluded from eligibility by this
    title, and subject to section 423 of the Tax Reform Act of
    1986,\25\ and except as provided in subsection (b)(2) and
    (3),\26\ the duty-free treatment provided under this title
    shall apply to any article which is the growth, product, or
    manufacture of a beneficiary country if--
    ---------------------------------------------------------------------------
        \24\ 19 U.S.C. 2703.
        \25\ Sec. 423(f) of Public Law 99-514 (100 Stat. 2232) inserted the
    words to this point beginning with ``and''.
        \26\ Sec. 211(e)(1)(B) of Public Law 106-200 (112 Stat. 287)
    inserted ``and except as provided in subsection (b)(2) and (3),''.
    ---------------------------------------------------------------------------
              (A) that article is imported directly from a
            beneficiary country into the customs territory of the
            United States; and
              (B) the sum of (i) the cost or value of the materials
            produced in a beneficiary country or two or more
            beneficiary countries, plus (ii) the direct costs of
            processing operations performed in a beneficiary
            country or countries is not less than 35 per centum of
            the appraised value of such article at the time it is
            entered.
    For purposes of determining the percentage referred to in
    subparagraph (B), the term ``beneficiary country'' includes the
    Commonwealth of Puerto Rico, the United States Virgin Islands,
    and any former beneficiary country.\27\ If the cost or value of
    materials produced in the customs territory of the United
    States (other than the Commonwealth of Puerto Rico) is included
    with respect to an article to which this paragraph applies, an
    amount not to exceed 15 per centum of the appraised value of
    the article at the time it is entered that is attributed to
    such United States cost or value may be applied toward
    determining the percentage referred to in subparagraph (B).
    ---------------------------------------------------------------------------
        \27\ Sec. 402(c) of the Dominican Republic-Central America-United
    States Free Trade Agreement Implementation Act (Public Law 109-53; 119
    Stat. 496) struck out ``the Commonwealth of Puerto Rico and the United
    States Virgin Islands'' and inserted in lieu thereof ``the Commonwealth
    of Puerto Rico, the United States Virgin Islands, and any former
    beneficiary country''.
    ---------------------------------------------------------------------------
        (2) The Secretary of the Treasury shall prescribe such
    regulations as may be necessary to carry out this subsection
    including, but not limited to, regulations providing that, in
    order to be eligible for duty-free treatment under this title,
    an article must be wholly the growth, product, or manufacture
    of a beneficiary country, or must be a new or different article
    of commerce which has been grown, produced, or manufactured in
    the beneficiary country; but no article or material of a
    beneficiary country shall be eligible for such treatment by
    virtue of having merely undergone--
              (A) simple combining or packaging operations, or
              (B) mere dilution with water or mere dilution with
            another substance that does not materially alter the
            characteristics of the article.
        (3) As used in this subsection, the phrase ``direct costs
    of processing operations'' includes, but is not limited to--
              (A) all actual labor costs involved in the growth,
            production, manufacture, or assembly of the specific
            merchandise, including fringe benefits, on-the-job
            training and the cost of engineering, supervisory,
            quality control, and similar personnel; and
              (B) dies, molds, tooling, and depreciation on
            machinery and equipment which are allocable to the
            specific merchandise.
    Such phrase does not include costs which are not directly
    attributable to the merchandise concerned or are not costs of
    manufacturing the product, such as (i) profit, and (ii) general
    expenses of doing business which are either not allocable to
    the specific merchandise or are not related to the growth,
    production, manufacture, or assembly of the merchandise, such
    as administrative salaries, casualty and liability insurance,
    advertising, and salesmen's salaries, commissions or expenses.
        (4) \28\ Notwithstanding section 311 of the Tariff Act of
    1930, the products of a beneficiary country which are imported
    directly from any beneficiary \29\ country into Puerto Rico may
    be entered under bond for processing or use in manufacturing in
    Puerto Rico. No duty shall be imposed on the withdrawal from
    warehouse of the product of such processing or manufacturing
    if, at the time of such withdrawal, such product meets the
    requirements of paragraph (1)(B).
    ---------------------------------------------------------------------------
        \28\ Sec. 235 of Public Law 98-573 (98 Stat. 2992) added this
    paragraph as para. (3). Sec. 1889 of Public Law 99-514 (100 Stat. 2926)
    redesignated para. (3) as para. (4).
        \29\ Sec. 1889 of Public Law 99-514 (100 Stat. 2926) struck out
    ``such'' and inserted in lieu thereof ``any beneficiary''.
    ---------------------------------------------------------------------------
        (5) \30\ The duty-free treatment provided under this title
    \31\ shall apply to an article (other than an article listed in
    subsection (b)) which is the growth, product, or manufacture of
    the Commonwealth of Puerto Rico if--
    ---------------------------------------------------------------------------
        \30\ Sec. 215(a) of the Caribbean Basin Economic Recovery Expansion
    Act of 1990 (title II of Public Law 101-382; 104 Stat. 657) added para.
    (5). Sec. 215(b) of that Act further provided:
        ``(b) Effective Dates.--
    ---------------------------------------------------------------------------

      ``(1) The amendment made by subsection (a) shall apply with respect to
    articles entered, or withdrawn from warehouse for consumption, on or after
    October 1, 1990.

      ``(2) Notwithstanding section 514 of the Tariff Act of 1930 or any other
    provisions of law, upon proper request filed with the appropriate customs
    officer after September 30, 1990, and before April 1, 1991, any entry, or
    withdrawal from warehouse--

      ``(A) which was made after August 5, 1983, and before October 1, 1990,
    and with respect to which liquidation had not occurred before October 1,
    1990, and

      ``(B) with respect to which there would have been no duty, or a lesser
    duty, if the amendment made by subsection (a) applied

    ``shall be liquidated as though such amendment applied to such entry or
    withdrawal.''.
    ---------------------------------------------------------------------------

        \31\ Sec. 212(1) of Public Law 106-200 (114 Stat. 288) struck out
    ``chapter'' and inserted in lieu thereof ``title''.
    ---------------------------------------------------------------------------
              (A) the article is imported directly from the
            beneficiary country into the customs territory of the
            United States,
              (B) the article was by any means advanced in value or
            improved in condition in a beneficiary country, and
              (C) if any materials are added to the article in a
            beneficiary country, such materials are a product of a
            beneficiary country or the United States.
      (6) \32\ Notwithstanding paragraph (1), the duty-free
    treatment provided under this title shall apply to liqueurs and
    spirituous beverages produced in the territory of Canada from
    rum if--
    ---------------------------------------------------------------------------
        \32\ Sec. 212(2) of Public Law 106-200 (114 Stat. 288) added para.
    (6).
    ---------------------------------------------------------------------------
              (A) such rum is the growth, product, or manufacture
            of a beneficiary country or of the Virgin Islands of
            the United States;
              (B) such rum is imported directly from a beneficiary
            country or the Virgin Islands of the United States into
            the territory of Canada, and such liqueurs and
            spirituous beverages are imported directly from the
            territory of Canada into the customs territory of the
            United States;
              (C) when imported into the customs territory of the
            United States, such liqueurs and spirituous beverages
            are classified in subheading 2208.90 or 2208.40 of the
            HTS; and
              (D) such rum accounts for at least 90 percent by
            volume of the alcoholic content of such liqueurs and
            spirituous beverages.
      (b) \33\ Import-Sensitive Articles.--
    ---------------------------------------------------------------------------
        \33\ Subsec. 211(a) of Public Law 106-200 (114 Stat. 276) amended
    and restated subsec. (b), which previously read as follows:
        ``(b) The duty-free treatment provided under this title shall not
    apply to--
    ---------------------------------------------------------------------------

      ``(1) textile and apparel articles which are subject to textile
    agreements;

      ``(2) footwear, handbags, luggage, flat goods, work gloves, and leather
    wearing apparel not designated at the time of the effective date of this
    title as eligible articles for the purpose of the generalized system of
    preferences under title V of the Trade Act of 1974;

      ``(3) tuna, prepared or preserved in any manner, in airtight containers;

      ``(4) petroleum, or any product derived from petroleum, provided for in
    headings 2709 and 2710 of the Harmonized Tariff Schedule of the United
    States; or

      ``(5) watches and watch parts (including cases, bracelets and straps), of
    whatever type including, but not limited to, mechanical, quartz digital or
    quartz analog, if such watches or watch parts contain any material which is
    the product of any country with respect to which HTS column 2 rates of duty
    apply.

      ``(6) articles to which reduced rates of duty apply under subsection (h)
    of this section.''.

              (1) In general.--Subject to paragraphs (2) through
            (5), the duty-free treatment provided under this title
            does not apply to--
                      (A) textile and apparel articles which were
                    not eligible articles for purposes of this
                    title on January 1, 1994, as this title was in
                    effect on that date;
                      (B) \34\ footwear provided for in any of
                    subheadings 6401.10.00, 6401.91.00, 6401.92.90,
                    6401.99.30, 6401.99.60, 6401.99.90, 6402.30.50,
                    6402.30.70, 6402.30.80, 6402.91.50, 6402.91.80,
                    6402.91.90, 6402.99.20, 6402.99.80, 6402.99.90,
                    6403.59.60, 6403.91.30, 6403.99.60, 6403.99.90,
                    6404.11.90, and 6404.19.20 of the HTS that was
                    not designated at the time of the effective
                    date of this title as eligible articles for the
                    purpose of the generalized system of
                    preferences under title V of the Trade Act of
                    1974;
    ---------------------------------------------------------------------------
        \34\ Sec. 1558(1) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2580) amended
    and restated subpara. (B), which previously read as follows:
        ``(B) footwear not designated at the time of the effective date of
    this title as eligible articles for the purpose of the generalized
    system of preferences under title V of the Trade Act of 1974;''.
    ---------------------------------------------------------------------------
                      (C) tuna, prepared or preserved in any
                    manner, in airtight containers;
                      (D) petroleum, or any product derived from
                    petroleum, provided for in headings 2709 and
                    2710 of the HTS;
                      (E) watches and watch parts (including cases,
                    bracelets, and straps), of whatever type
                    including, but not limited to, mechanical,
                    quartz digital or quartz analog, if such
                    watches or watch parts contain any material
                    which is the product of any country with
                    respect to which HTS column 2 rates of duty
                    apply; or
                      (F) articles to which reduced rates of duty
                    apply under subsection (h).
              (2) Transition period treatment of certain textile
            and apparel articles.--
                      (A) Articles covered.--During the transition
                    period, the preferential treatment described in
                    subparagraph (B) shall apply to the following
                    articles:
                              (i) Apparel articles assembled in one
                            or more cbtpa beneficiary countries.--
                            Apparel articles sewn or otherwise
                            assembled in one or more CBTPA
                            beneficiary countries from fabrics
                            wholly formed and cut, or from
                            components knit-to-shape, in the United
                            States from yarns wholly formed in the
                            United States, or both \35\ (including
                            fabrics not formed from yarns, if such
                            fabrics are classifiable under heading
                            5602 or 5603 of the HTS and are wholly
                            formed and cut in the United States)
                            that are--\36\
    ---------------------------------------------------------------------------
        \35\ Sec. 2004(b)(A) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) inserted
    ``or both''.
        \36\ Sec. 3107(a)(1)(A) of Andean Trade Promotion and Drug
    Eradication Act (Public Law 107-210; 116 Stat. 1035) struck out the
    text to this point in clause (i) and inserted this text. Clause (i) to
    this point previously read as follows:
        ``(i) Apparel articles assembled in one or more CBTPA beneficiary
    countries from fabrics wholly formed and cut in the United States, from
    yarns wholly formed in the United States, (including fabrics not formed
    from yarns, if such fabrics are classifiable under heading 5602 or 5603
    of the HTS and are wholly formed and cut in the United States) that
    are--''.
    ---------------------------------------------------------------------------
                                      (I) entered under subheading
                                    9802.00.80 of the HTS; or
                                      (II) entered under chapter 61
                                    or 62 of the HTS, if, after
                                    such assembly, the articles
                                    would have qualified for entry
                                    under subheading 9802.00.80 of
                                    the HTS but for the fact that
                                    the articles were embroidered
                                    or subjected to stone-washing,
                                    enzyme-washing, acid washing,
                                    perma-pressing, oven-baking,
                                    bleaching, garment-dyeing,
                                    screen printing, or other
                                    similar processes.
                            Apparel articles entered on or after
                            September 1, 2002, shall qualify under
                            the preceding sentence only if all
                            dyeing, printing, and finishing of the
                            fabrics from which the articles are
                            assembled, if the fabrics are knit
                            fabrics, is carried out in the United
                            States. Apparel articles entered on or
                            after September 1, 2002, shall qualify
                            under the first sentence of this clause
                            only if all dyeing, printing, and
                            finishing of the fabrics from which the
                            articles are assembled, if the fabrics
                            are woven fabrics, is carried out in
                            the United States.\37\
    ---------------------------------------------------------------------------
        \37\ Sec. 3107(a)(1)(B) of the Andean Trade Promotion and Drug
    Eradication Act (Public Law 107-210; 116 Stat. 1035) added the last two
    sentences of clause (i). Previously, sec. 3001(1) of the 2002
    Supplemental Appropriations Act for Further Recovery from and Response
    to Terrorist Attacks on the United States (Public Law 107-206; 116
    Stat. 909) had added text at the end of clause (i).
    ---------------------------------------------------------------------------
                              (ii) \38\ Other apparel articles
                            assembled in one or more cbtpa
                            beneficiary countries.--Apparel
                            articles sewn or otherwise assembled in
                            one or more CBTPA beneficiary countries
                            with thread formed in the United States
                            from fabrics wholly formed in the
                            United States and cut in one or more
                            CBTPA beneficiary countries from yarns
                            wholly formed in the United States, or
                            from components knit-to-shape in the
                            United States from yarns wholly formed
                            in the United States, or both
                            (including fabrics not formed from
                            yarns, if such fabrics are classifiable
                            under heading 5602 or 5603 of the HTS
                            and are wholly formed in the United
                            States). Apparel articles entered on or
                            after September 1, 2002, shall qualify
                            underthe preceding sentence only if all
                            dyeing, printing, and finishing of the
                            fabrics from which the articles are
                            assembled, if the fabrics are knit
                            fabrics, is carried out in the United
                            States. Apparel articles entered on or
                            after September 1, 2002, shall qualify
                            under the first sentence of this clause
                            only if all dyeing, printing, and
                            finishing of the fabrics from which the
                            articles are assembled, if the fabrics
                            are woven fabrics, is carried out in
                            the United States.
    ---------------------------------------------------------------------------
        \38\ Sec. 3107(a)(2) of the Andean Trade Promotion and Drug
    Eradication Act (Public Law 107-210; 116 Stat. 1035) amended and
    restated clause (ii). It previously read as follows:
        ``(ii) Apparel articles cut in one or more CBTPA beneficiary
    countries from fabric wholly formed in the United States from yarns
    wholly formed in the United States (including fabrics not formed from
    yarns, if such fabrics are classifiable under heading 5602 or 5603 of
    the HTS and are wholly formed in the United States), if such articles
    are assembled in one or more such countries with thread formed in the
    United States.''.
        Previously, sec. 3001(2) of the 2002 Supplemental Appropriations
    Act for Further Recovery from and Response to Terrorist Attacks on the
    United States (Public Law 107-206; 116 Stat. 909) had amended clause
    (ii).
    ---------------------------------------------------------------------------
                              (iii) Certain knit apparel
                            articles.--(I) Apparel articles knit to
                            shape (other than socks provided for in
                            heading 6115 of the HTS) in a CBTPA
                            beneficiary country from yarns wholly
                            formed in the United States, and knit
                            apparel articles (other than t-shirts
                            described in subclause (III)) cut and
                            wholly assembled in one or more CBTPA
                            beneficiary countries from fabric
                            formed in one or more CBTPA beneficiary
                            countries or the United States from
                            yarns wholly formed in the United
                            States (including fabrics not formed
                            from yarns, if such fabrics are
                            classifiable under heading 5602 or 5603
                            of the HTS and are formed in one or
                            more CBTPA beneficiary countries), in
                            an amount not exceeding the amount set
                            forth in subclause (II).
                              (II) \39\ The amount referred to in
                            subclause (I) is as follows:
                                      (aa) 500,000,000 square meter
                                    equivalents during the 1-year
                                    period beginning on October 1,
                                    2002.
    ---------------------------------------------------------------------------
        \39\ Sec. 3107(a)(3) of the Andean Trade Promotion and Drug
    Eradication Act (Public Law 107-210; 116 Stat. 1036) amended and
    restated subclause (II). It previously read as follows:
        ``(II) The amount referred to in subclause (I) is--
    ---------------------------------------------------------------------------

      ``(aa) 250,000,000 square meter equivalents during the 1-year period
    beginning on October 1, 2000, increased by 16 percent, compounded annually,
    in each succeeding 1-year period through September 30, 2004; and

      ``(bb) in each 1-year period thereafter through September 30, 2008, the
    amount in effect for the 1-year period ending on September 30, 2004, or
    such other amount as may be provided by law.''.
    ---------------------------------------------------------------------------

        Sec. 3107(b) of Public Law 107-210 further provided that the
    amendment made by sec. 3107(a)(3) would take effect on October 1, 2002.
    ---------------------------------------------------------------------------
                                      (bb) 850,000,000 square meter
                                    equivalents during the 1-year
                                    period beginning on October 1,
                                    2003.
                                      (cc) 970,000,000 square meter
                                    equivalents in each succeeding
                                    1-year period through September
                                    30, 2008.
                              (III) T-shirts, other than underwear,
                            classifiable under subheadings
                            6109.10.00 and 6109.90.10 of the HTS,
                            made in one or more CBTPA beneficiary
                            countries from fabric formed in one or
                            more CBTPA beneficiary countries from
                            yarns wholly formed in the United
                            States, in an amount not exceeding the
                            amount set forth in subclause (IV).
                              (IV) \40\ The amount referred to in
                            subclause (III) is as follows:
                                      (aa) 4,872,000 dozen during
                                    the 1-year period beginning on
                                    October 1, 2001.
    ---------------------------------------------------------------------------
        \40\ Sec. 3107(a)(4) of the Andean Trade Promotion and Drug
    Eradication Act (Public Law 107-210; 116 Stat. 1036) amended and
    restated subclause (IV). It previously read as follows:
        ``(IV) the amount referred to in subclause (III) is--
    ---------------------------------------------------------------------------

      ``(aa) 4,200,000 dozen during the 1-year period beginning on October 1,
    2000, increased by 16 percent, compounded annually, in each succeeding 1-
    year period through September 30, 2004; and

      ``(bb) in each 1-year period thereafter, the amount in effect for the 1-
    year period ending on September 30, 2004, or such other amount as may be
    provided by law.''.

                                      (bb) 9,000,000 dozen during
                                    the 1-year period beginning on
                                    October 1, 2002.
                                      (cc) 10,000,000 dozen during
                                    the 1-year period beginning on
                                    October 1, 2003.
                                      (dd) 12,000,000 dozen in each
                                    succeeding 1-year period
                                    through September 30, 2008.
                              (V) It is the sense of the Congress
                            that the Congress should determine,
                            based on the record of expansion of
                            exports from the United States as a
                            result of the preferential treatment of
                            articles under this clause, the
                            percentage by which the amount provided
                            in subclauses (II) and (IV) should be
                            compounded for the 1-year periods
                            occurring after the 1-year period
                            ending on September 30, 2004.
                              (iv) \41\ Certain other apparel
                            articles.--
                              (I) General rule.--Subject to
                            subclause (II), any apparel article
                            classifiable under subheading 6212.10
                            of the HTS, except for articles entered
                            under clause (i), (ii), (iii), (v), or
                            (vi), if the article is both cut and
                            sewn or otherwise assembled in the
                            United States, or one or more CBTPA
                            beneficiary countries, or both.
    ---------------------------------------------------------------------------
        \41\ Sec. 3107(a)(5) of the Andean Trade Promotion and Drug
    Eradication Act (Public Law 107-210; 116 Stat. 1036) amended and
    restated clause (iv). It previously read as follows:
        ``(iv) Certain other apparel articles.--(I) Subject to subclause
    (II), any apparel article classifiable under subheading 6212.10 of the
    HTS, if the article is both cut and sewn or otherwise assembled in the
    United States, or one or more of the CBTPA beneficiary countries, or
    both.
        ``(II) During the 1-year period beginning on October 1, 2001, and
    during each of the six succeeding 1-year periods, apparel articles
    described in subclause (I) of a producer or an entity controlling
    production shall be eligible for preferential treatment under
    subparagraph (B) only if the aggregate cost of fabric components formed
    in the United States that are used in the production of all such
    articles of that producer or entity during the preceding 1-year period
    is at least 75 percent of the aggregate declared customs value of the
    fabric contained in all such articles of that producer or entity that
    are entered during the preceding 1-year period.
        ``(III) The United States Customs Service shall develop and
    implement methods and procedures to ensure ongoing compliance with the
    requirement set forth in subclause (II). If the Customs Service finds
    that a producer or an entity controlling production has not satisfied
    such requirement in a 1-year period, then apparel articles described in
    subclause (I) of that producer or entity shall be ineligible for
    preferential treatment under subparagraph (B) during any succeeding 1-
    year period until the aggregate cost of fabric components formed in the
    United States used in the production of such articles of that producer
    or entity in the preceding 1-year period is at least 85 percent of the
    aggregate declared customs value of the fabric contained in all such
    articles of that producer or entity that are entered during the
    preceding 1-year period.''.
    ---------------------------------------------------------------------------
                              (II) Limitation.--During the 1-year
                            period beginning on October 1, 2001,
                            and during each of the 6 succeeding 1-
                            year periods, apparel articles
                            described in subclause (I) of a
                            producer or an entity controlling
                            production shall be eligible for
                            preferential treatment under
                            subparagraph (B) only if the aggregate
                            cost of fabrics (exclusive of all
                            findings and trimmings) formed in the
                            United States that are used in the
                            production of all such articles of that
                            producer or entity that are entered and
                            eligible under this clause during the
                            preceding 1-year period is at least 75
                            percent of the aggregate declared
                            customs value of the fabric (exclusive
                            of all findings and trimmings)
                            contained in all sucharticles of that
                            producer or entity that are entered and
                            eligible under this clause during the
                            preceding 1-year period.
                              (III) Development of procedure to
                            ensure compliance.--The United States
                            Customs Service shall develop and
                            implement methods and procedures to
                            ensure ongoing compliance with the
                            requirement set forth in subclause
                            (II). If the Customs Service finds that
                            a producer or an entity controlling
                            production has not satisfied such
                            requirement in a 1-year period, then
                            apparel articles described in subclause
                            (I) of that producer or entity shall be
                            ineligible for preferential treatment
                            under subparagraph (B) during any
                            succeeding 1-year period until the
                            aggregate cost of fabrics (exclusive of
                            all findings and trimmings) formed in
                            the United States that are used in the
                            production of such articles of that
                            producer or entity entered during the
                            preceding 1-year period is at least 85
                            percent of the aggregate declared
                            customs value of the fabric (exclusive
                            of all findings and trimmings)
                            contained in all such articles of that
                            producer or entity that are entered and
                            eligible under this clause during the
                            preceding 1-year period.
                              (v) Apparel articles assembled from
                            fabrics or yarn not widely available in
                            commercial quantities.--(I) Apparel
                            articles that are both cut (or knit-to-
                            shape) and sewn or otherwise assembled
                            in one or more CBTPA beneficiary
                            countries,\42\ to the extent that
                            apparel articles of such fabrics or
                            yarn would be eligible for preferential
                            treatment, without regard to the source
                            of the fabrics or yarn, under Annex 401
                            of the NAFTA.
    ---------------------------------------------------------------------------
        \42\ Sec. 2004(b)(1)(B) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
    ``, from fabrics or yarn that is not formed in the United States or in
    one or more CBTPA beneficiary countries'' which previously appeared at
    this point.
    ---------------------------------------------------------------------------
                              (II) At the request of any interested
                            party, the President is authorized to
                            proclaim additional fabrics and yarn as
                            eligible for preferential treatment
                            under subclause (I) if--
                                      (aa) the President determines
                                    that such fabrics or yarn
                                    cannot be supplied by the
                                    domestic industry in commercial
                                    quantities in a timely manner;
                                      (bb) the President has
                                    obtained advice regarding the
                                    proposed action from the
                                    appropriate advisory committee
                                    established under section 135
                                    of the Trade Act of 1974 (19
                                    U.S.C. 2155) and the United
                                    States International Trade
                                    Commission;
                                      (cc) within 60 days after the
                                    request, the President has
                                    submitted a report to the
                                    Committee on Ways and Means of
                                    the House of Representatives
                                    and the Committee on Finance of
                                    the Senate that sets forth the
                                    action proposed to be
                                    proclaimed and the reasons for
                                    such actions, and the advice
                                    obtained under division (bb);
                                      (dd) a period of 60 calendar
                                    days, beginning with the first
                                    day on which the President has
                                    met the requirements of
                                    division (cc), has expired; and
                                      (ee) the President has
                                    consulted with such committees
                                    regarding the proposed action
                                    during the period referred to
                                    in division (cc).
                              (vi) Handloomed, handmade, and
                            folklore articles.--A handloomed,
                            handmade, or folklore article of a
                            CBTPA beneficiary country identified
                            under subparagraph (C) that is
                            certified as such by the competent
                            authority of such beneficiary country.
                              (vii) Special rules.--
                                      (I) Exception for findings
                                    and trimmings.--(aa) An article
                                    otherwise eligible for
                                    preferential treatment under
                                    this paragraph shall not be
                                    ineligible for such treatment
                                    because the article contains
                                    findings or trimmings of
                                    foreign origin, if such
                                    findings and trimmings do not
                                    exceed 25 percent of the cost
                                    of the components of the
                                    assembled product. Examples of
                                    findings and trimmings are
                                    sewing thread, hooks and eyes,
                                    snaps, buttons, `bow buds',
                                    decorative lace, trim, elastic
                                    strips, zippers, including
                                    zipper tapes and labels, and
                                    other similar products. Elastic
                                    strips are considered findings
                                    or trimmings only if they are
                                    each less than 1 inch in width
                                    and are used in the production
                                    of brassieres.
                                      (bb) In the case of an
                                    article described in clause
                                    (ii) of this subparagraph,
                                    sewing thread shall not be
                                    treated as findings or
                                    trimmings under this subclause.
                                      (II) Certain interlining.--
                                    (aa) An article otherwise
                                    eligible for preferential
                                    treatment under this paragraph
                                    shall not be ineligible for
                                    such treatment because the
                                    article contains certain
                                    interlinings of foreign origin,
                                    if the value of such
                                    interlinings (and any findings
                                    and trimmings) does not exceed
                                    25 percent of the cost of the
                                    components of the assembled
                                    article.
                                      (bb) Interlinings eligible
                                    for the treatment described in
                                    division (aa) include only a
                                    chest type plate, `hymo' piece,
                                    or `sleeve header', of woven or
                                    weft-inserted warp knit
                                    construction and of coarse
                                    animal hair or man-made
                                    filaments.
                                      (cc) The treatment described
                                    in this subclause shall
                                    terminate if the President
                                    makes a determination that
                                    United States manufacturers are
                                    producing such interlinings in
                                    the United States in commercial
                                    quantities.
                                      (III) De minimis rule.--An
                                    article that would otherwise be
                                    ineligible for preferential
                                    treatment under this paragraph
                                    because the article contains
                                    fibers or yarns not wholly
                                    formed in the United States or
                                    in one or more CBTPA
                                    beneficiary countries shall not
                                    be ineligible for such
                                    treatment if the total weight
                                    of all such fibers or yarns is
                                    not more than 7 percent of the
                                    total weight of the good.
                                    Notwithstanding the preceding
                                    sentence, an apparel article
                                    containing elastomeric yarns
                                    shall be eligible for
                                    preferential treatment under
                                    this paragraph only if such
                                    yarns are wholly formed in the
                                    United States.
                                      (IV) Special origin rule.--An
                                    article otherwise eligible for
                                    preferential treatment under
                                    clause (i), (ii), or (ix) \43\
                                    of this subparagraph shall not
                                    be ineligible for such
                                    treatment because the article
                                    contains nylon filament yarn
                                    (other than elastomeric yarn)
                                    that is classifiable under
                                    subheading 5402.10.30,
                                    5402.10.60, 5402.31.30,
                                    5402.31.60, 5402.32.30,
                                    5402.32.60, 5402.41.10,
                                    5402.41.90, 5402.51.00, or
                                    5402.61.00 of the HTS duty-free
                                    from a country that is a party
                                    to an agreement with the United
                                    States establishing a free
                                    trade area, which entered into
                                    force before January 1, 1995.
    ---------------------------------------------------------------------------
        \43\ Sec. 2004(b)(1)(C) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2592) struck out
    ``(i) or (ii)'' and inserted in lieu thereof ``(i), (ii), or (ix)''.
    ---------------------------------------------------------------------------
                                      (V) \44\ Thread.--An article
                                    otherwise eligible for
                                    preferential treatment under
                                    this paragraph shallnot be
                                    ineligible for such treatment
                                    because the thread used to
                                    assemble the article is dyed,
                                    printed, or finished in one or
                                    more CBTPA beneficiary
                                    countries.
    ---------------------------------------------------------------------------
        \44\ Sec. 3107(a)(6) of the Andean Trade Promotion and Drug
    Eradication Act (Public Law 107-210; 116 Stat. 1037) added subclause
    (V).
    ---------------------------------------------------------------------------
                              (viii) Textile luggage.--Textile
                            luggage--
                                      (I) assembled in a CBTPA
                                    beneficiary country from fabric
                                    wholly formed and cut in the
                                    United States, from yarns
                                    wholly formed in the United
                                    States, that is entered under
                                    subheading 9802.00.80 of the
                                    HTS; or
                                      (II) assembled from fabric
                                    cut in a CBTPA beneficiary
                                    country from fabric wholly
                                    formed in the United States
                                    from yarns wholly formed in the
                                    United States.
                              (ix) \45\ Apparel articles assembled
                            in one or more cbtpa beneficiary
                            countries from united states and cbtpa
                            beneficiary country components.--
                            Apparel articles sewn or otherwise
                            assembled in one or more CBTPA
                            beneficiary countries with thread
                            formed in the United States from
                            components cut in the United States and
                            in one or more CBTPAbeneficiary
                            countries from fabric wholly formed in
                            the United States from yarns wholly
                            formed in the United States, or from
                            components knit-to-shape in the United
                            States and one or more CBTPA
                            beneficiary countries from yarns wholly
                            formed in the United States, or both
                            (including fabrics not formed from
                            yarns, if such fabrics are classifiable
                            under heading 5602 or 5603 of the HTS).
                            Apparel articles shall qualify under
                            this clause only if they meet the
                            requirements of clause(i) or (ii) (as
                            the case may be) with respect to
                            dyeing, printing, and finishing of knit
                            and woven fabrics from which the
                            articles are assembled.
    ---------------------------------------------------------------------------
        \45\ Sec. 3107(a)(7) of the Andean Trade Promotion and Drug
    Eradication Act (Public Law 107-210; 116 Stat. 1037) added clause (ix).
    ---------------------------------------------------------------------------
                      (B) Preferential treatment.--Except as
                    provided in subparagraph (E), during the
                    transition period, the articles to which this
                    subparagraph applies shall enter the United
                    States free of duty and free of any
                    quantitative restrictions, limitations, or
                    consultation levels.
                      (C) Handloomed, handmade, and folklore
                    articles.--For purposes of subparagraph
                    (A)(vi), the President shall consult with
                    representatives of the CBTPA beneficiary
                    countries concerned for the purpose of
                    identifying particular textile and apparel
                    goods that are mutually agreed upon as being
                    handloomed, handmade, or folklore goods of a
                    kind described in section 2.3(a), (b), or (c)
                    of the Annex or Appendix 3.1.B.11 of the Annex.
                      (D) Penalties for transshipments.--
                              (i) Penalties for exporters.--If the
                            President determines, based on
                            sufficient evidence, that an exporter
                            has engaged in transshipment with
                            respect to textile or apparel articles
                            from a CBTPA beneficiary country, then
                            the President shall deny all benefits
                            under this title to such exporter, and
                            any successor of such exporter, for a
                            period of 2 years.
                              (ii) Penalties for countries.--
                            Whenever the President finds, based on
                            sufficient evidence, that transshipment
                            has occurred, the President shall
                            request that the CBTPA beneficiary
                            country or countries through whose
                            territory the transshipment has
                            occurred take all necessary and
                            appropriate actions to prevent such
                            transshipment. If the President
                            determines that a country is not taking
                            such actions, the President shall
                            reduce the quantities of textile and
                            apparel articles that may be imported
                            into the United States from such
                            country by the quantity of the
                            transshipped articles multiplied by 3,
                            to the extent consistent with the
                            obligations of the United States under
                            the WTO.
                              (iii) Transshipment described.--
                            Transshipment within the meaning of
                            this subparagraph has occurred when
                            preferential treatment under
                            subparagraph (B) has been claimed for a
                            textile or apparel article on the basis
                            of material false information
                            concerning the country of origin,
                            manufacture, processing, or assembly of
                            the article or any of its components.
                            For purposes of this clause, false
                            information is material if disclosure
                            of the true information would mean or
                            would have meant that the article is or
                            was ineligible for preferential
                            treatment under subparagraph (B).
                      (E) Bilateral emergency actions.--
                              (i) In general.--The President may
                            take bilateral emergency tariff actions
                            of a kind described in section 4 of the
                            Annex with respect to any apparel
                            article imported from a CBTPA
                            beneficiary country if the application
                            of tariff treatment under subparagraph
                            (B) to such article results in
                            conditions that would be cause for the
                            taking of such actions under such
                            section 4 with respect to a like
                            article described in the same 8-digit
                            subheading of the HTS that is imported
                            from Mexico.
                              (ii) Rules relating to bilateral
                            emergency action.--For purposes of
                            applying bilateral emergency action
                            under this subparagraph--
                                      (I) the requirements of
                                    paragraph (5) of section 4 of
                                    the Annex (relating to
                                    providing compensation) shall
                                    not apply;
                                      (II) the term `transition
                                    period' in section 4 of the
                                    Annex shall have the meaning
                                    given that term in paragraph
                                    (5)(D) of this subsection; and
                                      (III) the requirements to
                                    consult specified in section 4
                                    of the Annex shall be treated
                                    as satisfied if the President
                                    requests consultations with the
                                    CBTPA beneficiary country in
                                    question and the country does
                                    not agree to consult within the
                                    time period specified under
                                    section 4.
              (3) Transition period treatment of certain other
            articles originating in beneficiary countries.--
                      (A) Equivalent tariff treatment.--
                              (i) In general.--Subject to clauses
                            (ii) and (iii),\46\ the tariff
                            treatment accorded at any time during
                            the transition period to any article
                            referred to in any of subparagraphs (B)
                            through (F) of paragraph (1) that is a
                            CBTPA originating good shall be
                            identical to the tariff treatment that
                            is accorded at such time under Annex
                            302.2 of the NAFTA to an article
                            described in the same 8-digit
                            subheading of the HTS that is a good of
                            Mexico and is imported into the United
                            States.
    ---------------------------------------------------------------------------
        \46\ Sec. 1558(2) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2580) struck out
    ``Subject to clause (ii)'', inserted in lieu thereof ``Subject to
    clauses (ii) and (iii)'', and added clause (iii).
    ---------------------------------------------------------------------------
                              (ii) Exception.--Clause (i) does not
                            apply to any article accorded duty-free
                            treatment under U.S. Note 2(b) to
                            subchapter II of chapter 98 of the HTS.
                              (iii) \46\ Certain footwear.--
                            Notwithstanding paragraph (1)(B) and
                            clause (i) of this subparagraph, foot-
                            wearprovided for in any of subheadings
                            6403.59.60, 6403.91.30, 6403.99.60, and
                            6403.99.90 of the HTS shall be eligible
                            for the duty-free treatment provided
                            for under this title if-
                                      (I) the article of footwear
                                    is the growth, product, or
                                    manufacture of a CBTPA
                                    beneficiary country; and
                                      (II) the article otherwise
                                    meets the requirements of
                                    subsection (a), except that in
                                    applying such subsection,
                                    ``CBTPA beneficiary country''
                                    shall be substituted for
                                    ``beneficiary country'' each
                                    place it appears.
                      (B) Relationship to subsection (h) duty
                    reductions.--If at any time during the
                    transition period the rate of duty that would
                    (but for action taken under subparagraph (A)(i)
                    in regard to such period) apply with respect to
                    any article under subsection (h) is a rate of
                    duty that is lower than the rate of duty
                    resulting from such action, then such lower
                    rate of duty shall be applied for the purposes
                    of implementing such action.
              (4) Customs procedures.--
                      (A) In general.--
                              (i) Regulations.--Any importer that
                            claims preferential treatment under
                            paragraph (2) or (3) shall comply with
                            customs procedures similar in all
                            material respects to the requirements
                            of Article 502(1) of the NAFTA as
                            implemented pursuant to United States
                            law, in accordance with regulations
                            promulgated by the Secretary of the
                            Treasury.
                              (ii) Determination.--
                                      (I) In general.--In order to
                                    qualify for the preferential
                                    treatment under paragraph (2)
                                    or (3) and for a Certificate of
                                    Origin to be valid with respect
                                    to any article for which such
                                    treatment is claimed, there
                                    shall be in effect a
                                    determination by the President
                                    that each country described in
                                    subclause (II)--
                                              (aa) has implemented
                                            and follows; or
                                              (bb) is making
                                            substantial progress
                                            toward implementing and
                                            following,
                                    procedures and requirements
                                    similar in all material
                                    respects to the relevant
                                    procedures and requirements
                                    under chapter 5 of the NAFTA.
                                      (II) Country described.--A
                                    country is described in this
                                    subclause if it is a CBTPA
                                    beneficiary country--
                                              (aa) from which the
                                            article is exported; or
                                              (bb) in which
                                            materials used in the
                                            production of the
                                            article originate or in
                                            which the article or
                                            such materials undergo
                                            production that
                                            contributes to a claim
                                            that the article is
                                            eligible for
                                            preferential treatment
                                            under paragraph (2) or
                                            (3).
                      (B) Certificate of origin.--The Certificate
                    of Origin that otherwise would be required
                    pursuant to the provisions of subparagraph (A)
                    shall not be required in the case of an article
                    imported under paragraph (2) or (3) if such
                    Certificate of Origin would not be required
                    under Article 503 of the NAFTA (as implemented
                    pursuant to United States law), if the article
                    were imported from Mexico.
                      (C) Report by ustr on cooperation of other
                    countries concerning circumvention.--The United
                    States Commissioner of Customs shall conduct a
                    study analyzing the extent to which each CBTPA
                    beneficiary country--
                              (i) has cooperated fully with the
                            United States, consistent with its
                            domestic laws and procedures, in
                            instances of circumvention or alleged
                            circumvention of existing quotas on
                            imports of textile and apparel goods,
                            to establish necessary relevant facts
                            in the places of import, export, and,
                            where applicable, transshipment,
                            including investigation of
                            circumvention practices, exchanges of
                            documents, correspondence, reports, and
                            other relevant information, to the
                            extent such information is available;
                              (ii) has taken appropriate measures,
                            consistent with its domestic laws and
                            procedures, against exporters and
                            importers involved in instances of
                            false declaration concerning fiber
                            content, quantities, description,
                            classification, or origin of textile
                            and apparel goods; and
                              (iii) has penalized the individuals
                            and entities involved in any such
                            circumvention, consistent with its
                            domestic laws and procedures, and has
                            worked closely to seek the cooperation
                            of any third country to prevent such
                            circumvention from taking place in that
                            third country.
                    The Trade Representative shall submit to
                    Congress, not later than October 1, 2001, a
                    report on the study conducted under this
                    subparagraph.
              (5) Definitions and special rules.--For purposes of
            this subsection--
                      (A) Annex.--The term `the Annex' means Annex
                    300-B of the NAFTA.
                      (B) CBTPA beneficiary country.--The term
                    ``CBTPA beneficiary country'' means any
                    ``beneficiary country'', as defined in section
                    212(a)(1)(A) of this title, which the President
                    designates as a CBTPA beneficiary country,
                    taking into account the criteria contained in
                    subsections (b) and (c) of section 212 and
                    other appropriate criteria, including the
                    following:
                              (i) Whether the beneficiary country
                            has demonstrated a commitment to--
                                      (I) undertake its obligations
                                    under the WTO, including those
                                    agreements listed in section
                                    101(d) of the Uruguay Round
                                    Agreements Act, on or ahead of
                                    schedule; and
                                      (II) participate in
                                    negotiations toward the
                                    completion of the FTAA or
                                    another free trade agreement.
                              (ii) The extent to which the country
                            provides protection of intellectual
                            property rights consistent with or
                            greater than the protection afforded
                            under the Agreement on Trade-Related
                            Aspects of Intellectual Property Rights
                            described in section 101(d)(15) of the
                            Uruguay Round Agreements Act.
                              (iii) The extent to which the country
                            provides internationally recognized
                            worker rights, including--
                                      (I) the right of association;
                                      (II) the right to organize
                                    and bargain collectively;
                                      (III) a prohibition on the
                                    use of any form of forced or
                                    compulsory labor;
                                      (IV) a minimum age for the
                                    employment of children; and
                                      (V) acceptable conditions of
                                    work with respect to minimum
                                    wages, hours of work, and
                                    occupational safety and health;
                              (iv) Whether the country has
                            implemented its commitments to
                            eliminate the worst forms of child
                            labor, as defined in section 507(6) of
                            the Trade Act of 1974.
                              (v) The extent to which the country
                            has met the counter-narcotics
                            certification criteria set forth in
                            section 490 of the Foreign Assistance
                            Act of 1961 (22 U.S.C. 2291j) for
                            eligibility for United States
                            assistance.
                              (vi) The extent to which the country
                            has taken steps to become a party to
                            and implements the Inter-American
                            Convention Against Corruption.
                              (vii) The extent to which the
                            country--
                                      (I) applies transparent,
                                    nondiscriminatory, and
                                    competitive procedures in
                                    government procurement
                                    equivalent to those contained
                                    in the Agreement on Government
                                    Procurement described in
                                    section 101(d)(17) of the
                                    Uruguay Round Agreements Act;
                                    and
                                      (II) contributes to efforts
                                    in international fora to
                                    develop and implement
                                    international rules in
                                    transparency in government
                                    procurement.
                      (C) CBTPA originating good.--
                              (i) In general.--The term `CBTPA
                            originating good' means a good that
                            meets the rules of origin for a good
                            set forth in chapter 4 of the NAFTA as
                            implemented pursuant to United States
                            law.
                              (ii) Application of chapter 4.--In
                            applying chapter 4 of the NAFTA with
                            respect to a CBTPA beneficiary country
                            for purposes of this subsection--
                                      (I) no country other than the
                                    United States and a CBTPA
                                    beneficiary country may be
                                    treated as being a party to the
                                    NAFTA;
                                      (II) any reference to trade
                                    between the United States and
                                    Mexico shall be deemed to refer
                                    to trade between the United
                                    States and a CBTPA beneficiary
                                    country;
                                      (III) any reference to a
                                    party shall be deemed to refer
                                    to a CBTPA beneficiary country
                                    or the United States; and
                                      (IV) any reference to parties
                                    shall be deemed to refer to any
                                    combination of CBTPA
                                    beneficiary countries or to the
                                    United States and one or more
                                    CBTPA beneficiary countries (or
                                    any combination thereof ).
                      (D) Transition period.--The term `transition
                    period' means, with respect to a CBTPA
                    beneficiary country, the period that begins on
                    October 1, 2000, and ends on the earlier of--
                              (i) September 30, 2008; or
                              (ii) the date on which the FTAA or
                            another free trade agreement that makes
                            substantial progress in achieving the
                            negotiating objectives set forth in
                            108(b)(5) of Public Law 103-182 (19
                            U.S.C. 3317(b)(5)) enters into force
                            with respect to the United States and
                            the CBTPA beneficiary country.
                      (E) CBTPA.--The term ``CBTPA'' means the
                    United States-Caribbean Basin Trade Partnership
                    Act.
                      (F) FTAA.--The term ``FTAA'' means the Free
                    Trade Area of the Americas.
                      (G) \47\ Former cbtpa beneficiary country. --
                    The term ``former CBTPA beneficiary country''
                    means a country that ceases to be designated as
                    a CBTPA beneficiary country under this title
                    because the country has become a party to a
                    free trade agreement with the United States.
    ---------------------------------------------------------------------------
        \47\ Sec. 402(d) of the Dominican Republic-Central America-United
    States Free Trade Agreement Implementation Act (Public Law 109-53; 119
    Stat. 496) added subparas. (G) and (H).
    ---------------------------------------------------------------------------
                      (H) \47\ Articles that undergo production in
                    a cbtpa beneficiary country and a former cbtpa
                    beneficiary country.--(i) For purposes of
                    determining the eligibility of an article for
                    preferential treatment under paragraph(2) or
                    (3), references in either such paragraph, and
                    in subparagraph (C) of this paragraph to--
                              (I) a ``CBTPA beneficiary country''
                            shall be considered to include any
                            former CBTPA beneficiary country, and
                              (II) ``CBTPA beneficiary countries''
                            shall be considered to include former
                            CBTPA beneficiary countries, if the
                            article, or a good used in the
                            production of the article, undergoes
                            production in a CBTPA beneficiary
                            country.
                      (ii) An article that is eligible for
                    preferential treatment under clause (i) shall
                    not be ineligible for such treatment because
                    the article is imported directly from a former
                    CBTPA beneficiary country.
                      (iii) Notwithstanding clauses (i) and (ii),
                    an article that is a good of a former CBTPA
                    beneficiary country for purposes of section 304
                    of the Tariff Act of 1930 (19 U.S.C. 1304) or
                    section 334 of the Uruguay Round Agreements Act
                    (19 U.S.C. 3592), as the case may be, shall not
                    be eligible for preferential treatment under
                    paragraph (2) or (3), unless--
                              (I) it is an article that is a good
                            of the Dominican Republic under either
                            such section 304 or 334; and
                              (II) the article, or a good used in
                            the production of the article,
                            undergoes production in Haiti.
        (c)(1) As used in this subsection--
              (A) The term ``sugar and beef products'' means--
                      (i) sugars, sirups, and molasses provided for
                    in subheadings 1701.11.00, 1701.12.00,
                    1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40,
                    and 2106.90.10 of the Harmonized Tariff
                    Schedule of the United States,\48\ and
    ---------------------------------------------------------------------------
        \48\ Sec. 1214(q)(2)(B)(i) of Public Law 100-418 (102 Stat. 1159)
    struck out ``items 155.20 and 155.30 of the TSUS'' and inserted in lieu
    thereof ``subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00,
    1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff
    Schedule of the United States,''.
    ---------------------------------------------------------------------------
                      (ii) articles of beef or veal, however
                    provided for in chapters 2 and 16 of the
                    Harmonized Tariff Schedule of the United
                    States.\49\
    ---------------------------------------------------------------------------
        \49\ Sec. 1214(q)(2)(B)(ii) of Public Law 100-418 (102 Stat. 1159)
    struck out ``subpart B of part 2 of schedule 1 of the TSUS'' and
    inserted in lieu thereof ``chapters 2 and 16 of the Harmonized Tariff
    Schedule of the United States''.
    ---------------------------------------------------------------------------
              (B) The term ``Plan'' means a stable food production
            plan that consists of measures and proposals designed
            to ensure that the present level of food production in,
            and the nutritional level of the population of, a
            beneficiary country will not be adversely affected by
            changes in land use and land ownership that will result
            if increased production of sugar and beef products is
            undertaken in response to the duty-free treatment
            extended under this title to such products. A Plan must
            specify such facts regarding, and such proposed actions
            by, a beneficiary country as the President deems
            necessary for purposes of carrying out this subsection,
            including but not limited to--
                      (i) the current levels of food production and
                    nutritional health of the population;
                      (ii) current level of production and export
                    of sugar and beef products;
                      (iii) expected increases in production and
                    export of sugar and beef products as a result
                    of the duty-free access to the United States
                    market provided under this title;
                      (iv) measures to be taken to ensure that the
                    expanded production of those products because
                    of such duty-free access will not occur at the
                    expense of stable food production; and
                      (v) proposals for a system to monitor the
                    impact of such duty-free access on stable food
                    production and land use and land ownership
                    patterns.
        (2) Duty-free treatment extended under this title to sugar
    and beef products that are the product of a beneficiary country
    shall be suspended by the President under this subsection if--
              (A) the beneficiary country, within the ninety-day
            period beginning on the date of its designation as such
            a country under section 212, does not submit a Plan to
            the President for evaluation;
              (B) on the basis of his evaluation, the President
            determines that the Plan of a beneficiary country does
            not meet the criteria set forth in paragraph (1)(B); or
              (C) as a result of the monitoring of the operation of
            the Plan under paragraph (5), the President determines
            that a beneficiary country is not making a good faith
            effort to implement its Plan, or that the measures and
            proposals in the Plan, although being implemented, are
            not achieving their purposes.
        (3) Before the President suspends duty-free treatment by
    reason of paragraph (2) (A) or (C) to the sugar and beef
    products of a beneficiary country, he must offer to enter into
    consultation with the beneficiary country for purposes of
    formulating appropriate remedial action which may be taken by
    that country to avoid such suspension. If the beneficiary
    country thereafter enters into consultation within a reasonable
    time and undertakes to formulate remedial action in good faith,
    the President shall withhold the suspension of duty-free
    treatment on the condition that the remedial action agreed upon
    be appropriately implemented by that country.
        (4) The President shall monitor on a biennial basis the
    operation of the Plans implemented by beneficiary countries,
    and shall submit a written report to Congress by March 15
    following the close of each biennium, that--
              (A) specifies the extent to which each Plan, and
            remedial actions, if any, agreed upon under paragraph
            (4), have been implemented; and
              (B) evaluates the results of such implementation.
        (5) The President shall terminate any suspension of duty-
    free treatment imposed under this subsection if he determines
    that the beneficiary country has taken appropriate action to
    remedy the factors on which the suspension was based.
        (d) \50\ Tariff-Rate Quotas.--No quantity of an
    agricultural product subject to a tariff-rate quota that
    exceeds the in-quota quantity shall be eligible for duty-free
    treatment under this title.
    ---------------------------------------------------------------------------
        \50\ Sec. 404(e)(1) of Public Law 103-465 (108 Stat. 4961) amended
    and restated subsec. (d).
    ---------------------------------------------------------------------------
        (e)(1) The President may by proclamation suspend the duty-
    free treatment provided by this title with respect to any
    eligible article and may proclaim a duty rate for such article
    if such action is provided under chapter 1 of title II \51\ of
    the Trade Act of 1974 or section 232 of the Trade Expansion Act
    of 1962.
    ---------------------------------------------------------------------------
        \51\ Sec. 1401(b)(2) of Public Law 100-418 (102 Stat. 1239) struck
    out ``proclaimed pursuant to section 203'' and inserted in lieu thereof
    ``provided under chapter 1 of title II''.
    ---------------------------------------------------------------------------
        (2) In any report by the International Trade Commission to
    the President under section 202(f) \52\ of the Trade Act of
    1974 regarding any article for which duty-free treatment has
    been proclaimed by the President pursuant to this title, the
    Commission shall state whether and to what extent its findings
    and recommendations apply to such article when imported from
    beneficiary countries.
    ---------------------------------------------------------------------------
        \52\ Sec. 1401(b)(2)(B) of Public Law 100-418 (102 Stat. 1239)
    struck out ``202(d)(1)'' and inserted in lieu thereof ``202(f)''.
    ---------------------------------------------------------------------------
        (3) For purposes of subsections section 203 \53\ of the
    Trade Act of 1974, the suspension of the duty-free treatment
    provided by this title shall be treated as an increase in duty.
    ---------------------------------------------------------------------------
        \53\ Sec. 1401(b)(2)(C) of Public Law 100-418 (102 Stat. 1240)
    struck out ``(a) and (c) of section 203'' and inserted in lieu thereof
    ``section 203''. The word ``subsections'' preceding ``section 203'' in
    para. (3) probably should have been struck out also.
    ---------------------------------------------------------------------------
        (4) No proclamation which provides solely for a suspension
    referred to in paragraph (3) of this subsection with respect to
    any article shall be taken under section 203 \54\ of the Trade
    Act of 1974 unless the United States International Trade
    Commission, in addition to making an affirmative determination
    with respect to such article under section 202(b) \54\ of the
    Trade Act of 1974, determines in the course of its
    investigation under such section \54\ that the serious injury
    (or threat thereof) substantially caused by imports to the
    domestic industry producing a like or directly competitive
    article results from the duty-free treatment provided by this
    title.
    ---------------------------------------------------------------------------
        \54\ Sec. 1401(b)(2)(D) of Public Law 100-418 (102 Stat. 1240)
    amended subsec. (e)(4) by striking ``made under subsections (a) and (c)
    of section 203'' and inserting in lieu thereof ``taken under section
    203''; by striking ``201(b)'' and inserting in lieu thereof ``202(b)'';
    and by striking ``section 201(b) of such Act'' and inserting in lieu
    thereof ``such section''.
    ---------------------------------------------------------------------------
        (5)(A) Any action taken under section 203 \55\ of the Trade
    Act of 1974 that is in effect when duty-free treatment pursuant
    to section 101 of this title is proclaimed shall remain in
    effect until modified or terminated.
    ---------------------------------------------------------------------------
        \55\ Sec. 1401(b)(2)(E) of Public Law 100-418 (102 Stat. 1240)
    struck out ``proclamation issued pursuant to section 203'' and inserted
    in lieu thereof ``action taken under section 203''.
    ---------------------------------------------------------------------------
        (B) If any article is subject to any such action \56\ at
    the time duty-free treatment is proclaimed pursuant to section
    211, the President may reduce or terminate the application of
    such action \56\ relief to the importation of such article from
    beneficiary countries prior to the otherwise scheduled date on
    which such reduction or termination would occur pursuant to the
    criteria and procedures of section 203 \56\ of the Trade Act of
    1974.
    ---------------------------------------------------------------------------
        \56\ Sec. 1401(b)(2)(E) of Public Law 100-418 (102 Stat. 1240)
    amended subpara. (B) by striking out ``to import relief'' and inserting
    in lieu thereof ``to any such action''; by striking out ``such import
    relief'' and inserting in lieu thereof ``such action''; and by striking
    out ``subsections (h) and (i) of section 203'' and inserting in lieu
    thereof ``section 203''.
    ---------------------------------------------------------------------------
        (f)(1) If a petition is filed with the International Trade
    Commission pursuant to the provisions of section 201 of the
    Trade of 1974 regarding a perishable product and alleging
    injury from imports from beneficiary countries then the
    petition may also be filed with the Secretary of Agriculture
    with a request that emergency relief be granted pursuant to
    paragraph (3) of this subsection with respect to such article.
        (2) Within fourteen days after the filing of a petition
    under paragraph (1) of this subsection--
              (A) if the Secretary of Agriculture has reason to
            believe that a perishable product from a beneficiary
            country is being imported into the United States in
            such increased quantities as to be a substantial cause
            of serious injury, or the threat thereof, to the
            domestic industry producing a perishable product like
            or directly competitive with the imported product and
            that emergency action is warranted, he shall advise the
            President and recommend that the President take
            emergency action; or
              (B) the Secretary of Agriculture shall publish a
            notice of his determination not to recommend the
            imposition of emergency action and so advise the
            petitioner.
        (3) Within seven days after the President receives a
    recommendation from the Secretary of Agriculture to take
    emergency action pursuant to paragraph (2) of this subsection,
    he shall issue a proclamation withdrawing the duty-free
    treatment provided by this title or publish a notice of his
    determination not to take emergency action.
        (4) The emergency action provided by paragraph (3) of this
    subsection shall cease to apply--
              (A) upon the taking of action under section 203 \57\
            of the Trade Act of 1974,
    ---------------------------------------------------------------------------
        \57\ Sec. 1401(b)(2)(F) of Public Law 100-418 (102 Stat. 1240)
    struck out ``proclamation of import relief pursuant to section
    202(a)(1)'' and inserted in lieu thereof ``taking of action under
    section 203''. Sec. 1401(b)(2)(F) further amended and restated subpara.
    (B).
    ---------------------------------------------------------------------------
              (B) \57\ on the day a determination by the President
            not to take action under section 203 of such Act not to
            take action becomes final,
              (C) in the event of a report of the United States
            International Trade Commission containing a negative
            finding, on the day the Commission's report is
            submitted to the President, or
              (D) whenever the President determines that because of
            changed circumstances such relief is no longer
            warranted.
        (5) For purposes of this subsection, the term ``perishable
    product'' means--
              (A) live plants and fresh cut flowers provided for in
            chapter 6 of the HTS; \58\
    ---------------------------------------------------------------------------
        \58\ Sec. 1214(q)(2)(D) of Public Law 100-418 (102 Stat. 1159)
    struck out ``live plants provided for in subpart A of part 6 of
    schedule 1 of the TSUS'' and inserted in lieu thereof ``live plants and
    fresh cut flowers provided for in chapter 6 of the HTS''.
    ---------------------------------------------------------------------------
              (B) fresh or chilled vegetables provided for in
            headings 0701 through 0709 (except subheading
            0709.52.00) and heading 0714 of the HTS; \59\
    ---------------------------------------------------------------------------
        \59\ Sec. 1214(q)(2)(B) of Public Law 100-418 (102 Stat. 1159)
    struck out ``items 135.10 through 138.46 of the TSUS'' and inserted in
    lieu thereof ``headings 0701 through 0709 (except subheading
    0709.52.00) and heading 0714 of the HTS''.
    ---------------------------------------------------------------------------
              (C) \60\ fresh fruit provided for in subheadings
            0804.20 through 0810.90 (except citrons of subheading
            0805.90.00, tamarinds and kiwi fruit of subheading
            0810.90.20, and cashew apples, mameyes colorados,
            sapodillas, soursops and sweetsops of subheading
            0810.90.40) of the HTS;
    ---------------------------------------------------------------------------
        \60\ Sec. 1214(q)(2)(D) of Public Law 100-418 (102 Stat. 1159)
    struck out former subpara. (C) and redesignated subpara. (D) as (C).
        Sec. 1214(q)(2)(D) of that Act also struck out former subpara. (E),
    redesignated subpara. (F) as subpara. (E), struck out ``item 165.35 of
    the TSUS'', and inserted in lieu thereof ``subheadings 2009.11.00,
    2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS''.
    Subsequently, sec. 9001(a)(14) of the Technical and Miscellaneous
    Revenue Act of 1988 (Public Law 100-647; 102 Stat. 3342) redesignated
    subpara. (E) as subpara. (D).
    ---------------------------------------------------------------------------
              (D) \60\ concentrated citrus fruit juice provided for
            in subheadings 2009.11.00, 2009.19.40, 2009.20.40,
            2009.30.20, and 2009.30.60 of the HTS.
        (g) No proclamation issued pursuant to this title shall
    affect fees imposed pursuant to section 22 of the Agricultural
    Adjustment Act (7 U.S.C. 624).
        (h) \61\ (1) Subject to paragraph (2), the President shall
    proclaim reductions in the rates of duty on handbags, luggage,
    flat goods, work gloves, and leather wearing apparel that--
    ---------------------------------------------------------------------------
        \61\ Sec. 212(a) of the Caribbean Basin Economic Recovery Expansion
    Act of 1990 (title II of Public Law 101-382; 104 Stat. 655) added
    subsec. (h).
    ---------------------------------------------------------------------------
              (A) are the product of any beneficiary country; and
              (B) were not designated on August 5, 1983, as
            eligible articles for purposes of the generalized
            system of preferences under title V of the Trade Act of
            1974.
        (2) The reduction required under paragraph (1) in the rate
    of duty on any article shall--
              (A) result in a rate that is equal to 80 percent of
            the rate of duty that applies to the article on
            December 31, 1991, except that, subject to the
            limitations in paragraph (3), the reduction may not
            exceed 2.5 percent ad valorem; and
              (B) be implemented in 5 equal annual stages with the
            first one-fifth of the aggregate reduction in the rate
            of duty being applied to entries, or withdrawals from
            warehouse for consumption of the article on or after
            January 1, 1992.
        (3) The reduction required under this subsection with
    respect to the rate of duty on any article is in addition to
    any reduction in the rate of duty on that article that may be
    proclaimed by the President as being required or appropriate to
    carry out any trade agreement entered into under the Uruguay
    Round of trade negotiations; except that if the reduction so
    proclaimed--
              (A) is less than 1.5 percent ad valorem, the
            aggregate of such proclaimed reduction and the
            reduction under this subsection may not exceed 3.5
            percent ad valorem, or
              (B) is 1.5 percent ad valorem or greater, the
            aggregate of such proclaimed reduction and the
            reduction under this subsection may not exceed the
            proclaimed reduction plus 1 percent ad valorem.

    SEC. 214. MEASURES FOR PUERTO RICO AND UNITED STATES INSULAR
                        POSSESSIONS.

        (a) * * *
        (b) * * *
        (c) If the sum of the amounts of taxes covered into the
    treasuries of Puerto Rico or the United States Virgin Islands
    pursuant to section 7652(c) of the Internal Revenue Code of
    1986 is reduced below the amount that would have been covered
    over if the imported rum had been produced in Puerto Rico or
    the United States Virgin Islands, then the President shall
    consider compensation measures and, in this regard, may
    withdraw the duty-free treatment on rum provided by this title.
    The President shall submit a report to the Congress on the
    measures he takes.
        (d) Section 1112 of the Trade Agreements Act of 1979 (19
    U.S.C. 2582) is repealed.
        (e) No action pursuant to this title may affect any tariff
    duty imposed by the Legislature of Puerto Rico pursuant to
    section 319 of the Tariff Act of 1930 (19 U.S.C. 1319) on
    coffee imported into Puerto Rico.
        (f) For purposes of chapter 1 of title II of the Trade Act
    of 1974, the term ``industry'' shall include producers located
    in the United States insular possessions.
        (g) Any discharge from a point source in the United States
    Virgin Islands in existence on the date of the enactment of
    this subsection which discharge is attributable to the
    manufacture of rum (as defined in paragraphs (3) of section
    7652(c) of the Internal Revenue Code of 1986) shall not be
    subject to the requirements of section 301 (other than toxic
    discharges), section 306 or section 403 of the Federal Water
    Pollution Control Act if--
              (1) such discharge occurs at least one thousand five
            hundred feet into the territorial sea from the line of
            ordinary low water from that portion of the coast which
            is in direct contact with the sea, and
              (2) the Governor of the United States Virgin Islands
            determines that such discharge will not interfere with
            the attainment or maintenance of that water quality
            which shall assure protection of public water supplies,
            and the protection and propagation of a balanced
            population of shellfish, fish, and wildlife, and allow
            recreational activities, in and on the water and will
            not result in the discharge of pollutants in quantities
            which may reasonably be anticipated to pose an
            unacceptable risk to human health or the environment
            because of bioaccumulation, persistency in the
            environment, acute toxicity, chronic toxicity
            (including carcinogenicity, mutagenicity, or
            teratogenicity), or synergistic propensities.

    SEC. 215.\62\ INTERNATIONAL TRADE COMMISSION REPORTS ON IMPACT OF THIS
                        ACT.

    (a) \63\ Reporting Requirements.--
    ---------------------------------------------------------------------------
        \62\ 19 U.S.C. 2704.
        \63\ Sec. 211(d) of Public Law 106-200 (114 Stat. 287) amended and
    restated subsec. (a), which previously read as follows:
        ``(a) Reporting Requirement.--
        ``The United States International Trade Commission (hereinafter in
    this section referred to as the ``Commission'') shall prepare, and
    submit to the Congress and to the President, a report regarding the
    economic impact of this Act on United States industries and consumers
    during--
    ---------------------------------------------------------------------------

      ``(1) the twenty-four-month period beginning with the date of enactment
    of this Act; and

      ``(2) each calendar year occurring thereafter until duty-free treatment
    under this title is terminated under section 216(b).
    ---------------------------------------------------------------------------

        ``For purposes of this section, industries in the Commonwealth of
    Puerto Rico and the insular possessions of the United States shall be
    considered to be United States industries.''.
    ---------------------------------------------------------------------------
              (1) In general.--The United States International
            Trade Commission (in this section referred to as the
            `Commission') shall submit to Congress and the
            President biennial reports regarding the economic
            impact of this title on United States industries and
            consumers and on the economy of the beneficiary
            countries.
              (2) First report.--The first report shall be
            submitted not later than September 30, 2001.
              (3) Treatment of puerto rico, etc.--For purposes of
            this section, industries in the Commonwealth of Puerto
            Rico and the insular possessions of the United States
            are considered to be United States industries.
        (b)(1) Each report required under subsection (a) shall
    include, but not be limited to, an assessment by the Commission
    regarding--
              (A) the actual effect, during the period covered by
            the report, of this Act on the United States economy
            generally as well as on those specific domestic
            industries which produce articles that are like, or
            directly competitive with, articles being imported into
            the United States from beneficiary countries; and
              (B) the probable future effect which this Act will
            have on the United States economy generally, as well as
            on such domestic industries, before the provisions of
            this Act terminate.
        (2) In preparing the assessments required under paragraph
    (1), the Commission shall, to the extent practicable--
              (A) analyze the production, trade and consumption of
            United States products affected by this Act, taking
            into consideration employment, profit levels, and use
            of productive facilities with respect to the domestic
            industries concerned, and such other economic factors
            in such industries as it considers relevant, including
            prices, wages, sales, inventories, patterns of demand,
            capital investment, obsolescence of equipment, and
            diversification of production; and
              (B) describe the nature and extent of any significant
            change in employment, profit levels, and use of
            productive facilities, and such other conditions as it
            deems relevant in the domestic industries concerned,
            which it believes are attributable to this Act.
        (c)(1) Each report required under subsection (a) shall be
    submitted to the Congress and to the President before the close
    of the nine-month period beginning on the day after the last
    day of the period covered by the report.
        (2) The Commission shall provide opportunity for the
    submission by the public, either orally or in writing, or both,
    of information relating to matters that will be addressed in
    the reports.

    SEC. 216.\64\ IMPACT STUDY BY SECRETARY OF LABOR.

        The Secretary of Labor, in consultation with other
    appropriate Federal agencies, shall undertake a continuing
    review and analysis of the impact which the implementation of
    the provisions of this title have with respect to United States
    labor; and shall make an annual written report to Congress on
    the results of such review and analysis.
    ---------------------------------------------------------------------------
        \64\ 19 U.S.C. 2705.
    ---------------------------------------------------------------------------

    SEC. 217. FEASIBILITY STUDY REGARDING A CARIBBEAN TRADE INSTITUTE.

        (a) The Secretary of State shall prepare a study regarding
    the feasibility of establishing a Caribbean Trade Institute in
    Harlem, New York City, supported by a combination of Federal
    and private funds.
        (b) The study shall include, but not be limited to, an
    assessment of the extent to which, and the means by which, a
    Caribbean Trade Institute could--
              (1) facilitate cooperation between public and private
            entities interested in engaging in or furthering
            Caribbean trade;
              (2) serve as a catalyst for greater cultural exchange
            between the United States and Caribbean nations; and
              (3) facilitate expansion of job opportunities both in
            the United States and the Caribbean Basin.
    The study shall also include suggestions regarding the
    organization and staffing of such an institute.
        (c) The study required by this section shall be submitted
    to the Congress within six months after the date of the
    enactment of this Act.
    ---------------------------------------------------------------------------
        \65\ 19 U.S.C. 2706. Sec. 211 of the Caribbean Basin Economic
    Recovery Expansion Act of 1990 (title II of Public Law 101-382; 104
    Stat. 655) repealed sec. 218. It had provided the day of enactment of
    the bill as an effective date for the subtitle, and terminated any
    duty-free treatment previously extended to beneficiary countries under
    this subtitle, effective September 30, 1995.
    ---------------------------------------------------------------------------

    SEC. 218.\65\ * * * [REPEALED--1990]

    SEC. 219.\66\ CENTER FOR THE STUDY OF WESTERN HEMISPHERIC TRADE.

        (a)  Establishment.--The Commissioner of Customs, after
    consultation with appropriate officials in the State of Texas,
    is authorized and directed to make grants to an institution (or
    a consortium of such institutions) to assist such institution
    in planning, establishing, and operating a Center for the Study
    of Western Hemispheric Trade (hereafter in this section
    referred to as the ``Center''). The Commissioner of Customs
    shall make the first grant not later than December 1, 1994, and
    the Center shall be established not later than February 1,
    1995.
    ---------------------------------------------------------------------------
        \66\ 19 U.S.C. 2707. Sec. 515(a) Sec. 107 of the North American
    Free Trade Agreement Implementation Act (Public Law 103-182; 107 Stat.
    2158) added sec. 219. Sec. 515(b) of that Act further provided the
    following:
        ``(b) Authorization of Appropriations.--There are authorized to be
    appropriated $10,000,000 for fiscal year 1994, and such sums as may be
    necessary in the 3 succeeding fiscal years to carry out the purposes of
    section 219 of the Caribbean Basin Economic Recovery Act (as added by
    subsection (a)).''.
    ---------------------------------------------------------------------------
        (b)  Scope of the Center.--The Center shall be a year-round
    program operated by an institution located in the State of
    Texas (or a consortium of such institutions), the purpose of
    which is to promote and study trade between and among Western
    Hemisphere countries. The Center shall conduct activities
    designed to examine--
              (1) the impact of the NAFTA on the economies in, and
            trade within, the Western Hemisphere; \67\
    ---------------------------------------------------------------------------
        \67\ Sec. 21(d)(1) of Public Law 104-295 (110 Stat. 3530) struck
    out a comma and inserted in lieu thereof a semicolon.
    ---------------------------------------------------------------------------
              (2) the negotiation of any future free trade
            agreements, including possible accessions to the NAFTA;
            and
              (3) adjusting tariffs, reducing nontariff barriers,
            improving relations among customs officials, and
            promoting economic relations among countries in the
            Western Hemisphere.
        (c)  Consultation; Selection Criteria.--The Commissioner of
    Customs shall consult with appropriate officials of the State
    of Texas and private sector authorities with respect to
    selecting, planning, and establishing the Center. In selecting
    the appropriate institution, the Commissioner of Customs shall
    give consideration to--
              (1) the institution's ability to carry out the
            programs and activities described in this section; and
              (2) any resources the institution can provide the
            Center in addition to Federal funds provided under this
            program.
        (d)  Programs and Activities.--The Center shall conduct the
    following activities:
              (1) Provide forums for international discussion and
            debate for representatives from countries in the
            Western Hemisphere regarding issues which affect trade
            and other economic relations within the hemisphere,
            including the impact of the NAFTA on individual
            economies and the desirability and feasibility of
            possible accessions to the NAFTA by such countries.
              (2) Conduct studies and research projects on subjects
            which affect Western Hemisphere trade, including
            tariffs, customs, regional and national economics,
            business development and finance, production and
            personnel management, manufacturing, agriculture,
            engineering, transportation, immigration,
            telecommunications, medicine, science, urban studies,
            border demographics, social anthropology, and
            population.
              (3) Publish materials, disseminate information, and
            conduct seminars and conferences to support and educate
            representatives from countries in the Western
            Hemisphere who seek to do business with or invest in
            other Western Hemisphere countries.
              (4) Provide grants, fellowships, endowed chairs, and
            financial assistance to outstanding scholars and
            authorities from Western Hemisphere countries.
              (5) Provide grants, fellowships, and other financial
            assistance to qualified graduate students, from Western
            Hemisphere countries, to study at the Center.
              (6) Implement academic exchange programs and other
            cooperative research and instructional agreements with
            the complementary North/South Center \68\ at the
            University of Miami at Coral Gables.
    ---------------------------------------------------------------------------
        \68\ Sec. 2(a) of the Dante B. Fascell North-South Center Act
    (Public Law 106-929; 113 Stat. 54) provided that any reference in any
    provision of law to the North/South Center ``shall be deemed to be a
    reference to the `Dante B. Fascell North-South Center'.''.
    ---------------------------------------------------------------------------
        (e)  Definitions.--For purposes of this section--
              (1) NAFTA.--The term ``NAFTA'' means the North
            American Free Trade Agreement.
              (2)  Western hemisphere countries.--The terms
            ``Western Hemisphere countries'', ``countries in the
            Western Hemisphere'', and ``Western Hemisphere'' mean
            Canada, the United States, Mexico, countries located in
            South America, beneficiary countries (as defined by
            section 212), the Commonwealth of Puerto Rico, and the
            United States Virgin Islands.
        (f)  Fees for Seminars and Publications.--Notwithstanding
    any other provision of law, a grant made under this section may
    provide that the Center may charge a reasonable fee for
    attendance at seminars and conferences and for copies of
    publications, studies, reports, and other documents the Center
    publishes. The Center may waive such fees in any case in which
    it determines imposing a fee would impose a financial hardship
    and the purposes of the Center would be served by granting such
    a waiver.
        (g) Duration of Grant.--The Commissioner of Customs is
    directed to make grants to any institution or institutions
    selected as the Center for fiscal years 1994, 1995, 1996, and
    1997.
        (h) Report.--The Commissioner of Customs shall, no later
    than July 1, 1994, and annually thereafter for years for which
    grants are made, submit a written report to the Committee on
    Finance of the Senate and the Committee on Ways and Means of
    the House of Representatives. The first report shall include--
              (1) a statement identifying the institution or
            institutions selected as the Center; \69\
    ---------------------------------------------------------------------------
        \69\ Sec. 21(d)(2) of Public Law 104-295 (110 Stat. 3530) struck
    out a comma and inserted in lieu thereof a semicolon.
    ---------------------------------------------------------------------------
              (2) the reasons for selecting the institution or
            institutions as the Center; \71\ and
              (3) the plan of such institution or institutions for
            operating the Center.
    Each subsequent report shall include information with respect
    to the operations of the Center, the collaboration of the
    Center with, and dissemination of information to, Government
    policymakers and the business community with respect to the
    study of Western Hemispheric trade by the Center, and the plan
    and efforts of the Center to continue operations after grants
    under this section have expired.

                        Subtitle B--Tax Provisions \70\
    ---------------------------------------------------------------------------

        \70\ Subtitle B amended secs. 7652 and 274(h) of the Internal
    Revenue Code of 1986, relating to the payment of excise taxes collected
    on rum to Puerto Rico and the U.S. Virgin Islands, and to the treatment
    of Caribbean conventions, respectively.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 223. REPORT WITH RESPECT TO USE OF CARIBBEAN BASIN TAX HAVENS.

        The Secretary of the Treasury shall, not later than ninety
    days after the date of the enactment of this Act, report to the
    Committee on Ways and Means of the House of Representatives and
    the Committee on Finance of the Senate on--
              (1) the level at which Caribbean Basin tax havens are
            being used to evade or avoid Federal taxes, and the
            effect on Federal revenues of such use,
              (2) any information he may have on the relationship
            of such use to drug trafficking and other criminal
            activities, and
              (3) current antitax haven enforcement activities of
            the Department of the Treasury.

           Subtitle C--Sense of the Congress Regarding Sugar Imports

    SEC. 231. SUGAR IMPORTS.

        It is the sense of the Congress that sugar from any
    Communist country in the Caribbean Basin or in Central America
    should not be imported into the United States.
                  (10) Tariff Treatment of Cuban Products \1\

     Partial text of Public Law 87-456 [Tariff Classification Act of 1962;
                H.R. 10607], 76 Stat. 72, approved May 24, 1962

      AN ACT To amend the Tariff Act of 1930 and certain related laws to
     provide for the restatement of the tariff classification provisions,
                            and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That:
        This Act may be cited as the ``Tariff Classification Act of
    1962''.
    ---------------------------------------------------------------------------
        \1\ See also the Cuban Democracy Act of 1992 (title XVII of Public
    Law 102-484; 106 Stat. 2574; 22 U.S.C. 6001 et seq.).
    ---------------------------------------------------------------------------
              * * * * * * *

                TITLE IV--TARIFF TREATMENT OF CUBAN PRODUCTS \2\
    ---------------------------------------------------------------------------

        \2\ 19 U.S.C. 1351 note.
    ---------------------------------------------------------------------------
        Sec. 401. (a) Cuba is hereby declared to be a nation
    described in section 5 of the Trade Agreements Extension Act of
    1951, as amended (19 U.S.C. 1362, relating to imports from
    nations and areas dominated or controlled by the foreign
    government or foreign organization controlling the world
    Communist movement). Articles which are--
              (1) the growth, produce, or manufacture of Cuba, and
              (2) imported on or after the date of enactment of
            this Act (May 24, 1962),
    shall be denied the benefits of concessions contained in any
    trade agreement entered into under the authority of section 350
    of the Tariff Act of 1930, as amended (19 U.S.C. 1351).
        (b) Nothing in subsection (a) shall affect the rates of
    duty or the customs or excise treatment of articles the growth,
    produce, or manufacture of any country other than Cuba.
        (c) Subsection (a) shall not apply on or after the date on
    which the President proclaims that he has determined that Cuba
    is no longer dominated or controlled by the foreign government
    or foreign organization controlling the world Communist
    movement.
        (d) The Act of December 17, 1903 (19 U.S.C. 124, 125), and
    section 316 of the Tariff Act of 1930, as amended (19 U.S.C.
    1316), both relating to the implementation of the treaty with
    Cuba concluded on December 11, 1902, shall not apply during the
    period during which subsection (a) applies.
              * * * * * * *
        (11) Implementing the United States-Canada Free-Trade Agreement
                               Implementation Act

     Executive Order 12662, December 31, 1988, 54 F.R. 785, 19 U.S.C. 2112
                                      note

        By virtue of the authority vested in me as President of the
    United States of America, including the United States-Canada
    Free-Trade Agreement Implementation Act of 1988 (Public Law
    100-449, 102 Stat. 1851) (``FTA Implementation Act''),\1\ it is
    hereby ordered as follows:
    ---------------------------------------------------------------------------
        \1\ For text of United States-Canada Free-Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1851), see
    page 987.
    ---------------------------------------------------------------------------

    Section 1.\2\ Publication of Proposed Rules Regarding Technical
            Standards. * * * [Superseded--1993]
    ---------------------------------------------------------------------------

        \2\ Sec. 4 of Executive Order 12889 superceded sec. 1; see page
    1057.
    ---------------------------------------------------------------------------

    Sec. 2. Establishment of United States Secretariat.

        Pursuant to subsection 405(e) of the FTA Implementation
    Act, a ``United States Secretariat'' shall be established
    within the International trade Administration of the Department
    of Commerce. The Secretariat shall facilitate:
              (1) the operation of Chapters 18 and 19 of the Free-
            Trade Agreement, and
              (2) the work of the binational panels and
            extraordinary challenge committees convened under those
            Chapters.

    Sec. 3. Acceptance by the President of Panel and Committee Decisions.

        In accordance with subsection 401(c) of the FTA
    Implementation Act, in the event that the provisions of
    subparagraph 516A(g)(7)(B) of the Tariff Act of 1930, as
    amended, 19 U.S.C. section 1516a(g)(7)(B), take effect, I
    accept, as a whole, all decisions of binational panels and
    extraordinary challenge committees.

    Sec. 4. Judicial Review.

        This Order does not create any right or benefit,
    substantive or procedural, enforceable at law by a party
    against the United States, its agencies, its officers, or any
    person.

    Sec. 5. Effective Date.

        This Order shall take effect upon entry into force of the
    Free-Trade Agreement.
         (12) Implementation of the North American Free Trade Agreement

    Executive Order 12889, December 27, 1993, 58 F.R. 69681, 19 U.S.C. 3311
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the North American Free Trade Agreement
    Implementation Act (Public Law 103-182; 107 Stat. 2057) (the
    NAFTA Implementation Act), and section 302 of title 3, United
    States Code, and in order to implement the North American Free
    Trade Agreement (NAFTA), it is hereby ordered:
        Section 1. Establishment of United States Section of the
    NAFTA Secretariat. Pursuant to section 105(a) of the NAFTA
    Implementation Act, a United States section of the NAFTA
    Secretariat shall be established within the Department of
    Commerce and shall carry out the functions set out in that
    section.
        Sec. 2. Acceptance by the President of Panel and Committee
    Decisions. Pursuant to subparagraph 516A(g)(7)(B) of the Tariff
    Act of 1930, as amended, 19 U.S.C. 1516a(g)(7)(B), in the event
    that the provisions of that subparagraph take effect, I accept,
    as a whole, all decisions of binational panels and
    extraordinary challenge committees.
        Sec. 3. Implementation of Safeguard Provisions for Textile
    and Apparel Goods. Pursuant to section 201 of the NAFTA
    Implementation Act, the Committee for the Implementation of
    Textile Agreements (the Committee) shall take such action as
    necessary to implement the bilateral safeguard provisions
    (tariff actions) set out in section 4 of Annex 300-B of the
    NAFTA. The United States Customs Service shall take such
    actions to carry out those safeguard provisions as directed by
    the Secretary of the Treasury, upon the advice and
    recommendation of the Chairman of the Committee.
        Sec. 4. Publication of Proposed Rules Regarding Technical
    Regulations and Sanitary and Phytosanitary Measures. (a) In
    accordance with Articles 718 and 909 of the NAFTA, each agency
    subject to the provisions of the Administrative Procedures Act,
    as amended (5 U.S.C. 551 et seq.), shall, in applying section
    553 of title 5, United States Code, with respect to any
    proposed Federal technical regulation or any Federal sanitary
    or phytosanitary measure of general application, other than a
    regulation issued pursuant to section 104(a) of the NAFTA
    Implementation Act, publish or serve notice of such regulation
    or measure not less than 75 days before the comment due date,
    except:
              (1) in the case of a technical regulation relating to
            perishable goods, in which case the agency shall, to
            the greatest extent practicable, publish or serve
            notice at least 30 days prior to adoption of such
            regulation;
              (2) in the case of a technical regulation, where the
            United States considers it necessary to address an
            urgent problem relating to safety or to protection of
            human, animal or plant life or health, the environment
            or consumers; or
              (3) in the case of a sanitary or phytosanitary
            measure, where the United States considers it necessary
            to address an urgent problem relating to sanitary or
            phytosanitary protection.
        (b) For purposes of this section, the term ``sanitary or
    phytosanitary measure'' shall be defined in accordance with
    section 463 of the Trade Agreements Act of 1979, and
    ``technical regulation'' shall be defined in accordance with
    section 473 of the Trade Agreements Act of 1979.
        (c) This section supersedes section 1 of Executive Order
    No. 12662 of December 31, 1988.
        Sec. 5. Government Procurement Procedures. (a) Waiver.
        (1) With respect to eligible products (as defined in
    section 381(c) of the NAFTA Implementation Act) of Canada and
    Mexico, and suppliers of such products, the application of any
    law, regulation, procedure, or practice regarding Federal
    Government procurement that would, if applied to such products
    or suppliers, result in treatment less favorable than the most
    favorable treatment accorded:
              (A) to United States products and services and
            suppliers of such products and services; or
              (B) to eligible products of either Mexico or Canada,
            shall be waived.
        (2) This waiver shall be applied by all executive agencies
    listed in Annexes 1 and 2 of this Executive order in
    consultation with, and when deemed necessary at the direction
    of, the United States Trade Representative (Trade
    Representative).
        (b) The Secretary of Defense, or his designee, in
    consultation with the Trade Representative, shall be
    responsible for determinations under Article 1018(1), pursuant
    to Annex 1001.1b-1(A)(4), of the NAFTA. The Secretary of
    Defense, or his designee, and the Trade Representative shall
    establish procedures for this purpose.
        (c) The executive agencies listed in Annex 2 are directed
    to procure eligible products in compliance with the procedural
    provisions of Chapter 10 of the NAFTA.
        (d) The Trade Representative shall be responsible for
    calculating and adjusting the threshold as required by Article
    1001(1)(c) of the NAFTA.
        (e) This order shall apply only to solicitations issued on
    or after the date of entry into force of the NAFTA for the
    United States.
        (f) Although regulatory implementation of this order must
    await revisions to the Federal Acquisitions Regulations (FAR),
    it is expected that agencies listed in Annexes 1 and 2 of this
    order will take all appropriate actions in the interim to
    implement those aspects of the order that are not dependent
    upon regulatory revision.
        (g) Pursuant to section 25 of the Office of Federal
    Procurement Policy Act, as amended (41 U.S.C. 421(a)), the
    Federal Acquisition Regulatory Council shall ensure that the
    policies established herein are incorporated in the FAR within
    30 days from the date this order is issued.
        Sec. 6. Government Use of Patented Technology. (a) Each
    agency shall, within 30 days from the date this order is
    issued, modify or adopt procedures to ensure compliance with
    Article 1709(10) of the NAFTA regarding notice when patented
    technology is used by or for the Federal Government without a
    license from the owner, except that the requirement of Article
    1709(10)(b) regarding reasonable efforts to obtain advance
    authorization from the patent owner:
              (1) is hereby waived for an invention used or
            manufactured by or for the Federal Government, except
            that the patent owner must be notified whenever the
            agency or its contractor, without making a patent
            search, knows or has demonstrable reasonable grounds to
            know that an invention described in and covered by a
            valid United States patent is or will be used or
            manufactured without a license; and
              (2) is waived whenever a national emergency or other
            circumstances of extreme urgency exists, except that
            the patent owner must be notified as soon as it is
            reasonably practicable to do so.
        (b) Agencies shall treat the term ``remuneration'' as used
    in Articles 1709(10)(h) and (j) and 1715 of the NAFTA as
    equivalent to ``reasonable and entire compensation'' as used in
    section 1498 of title 28, United States Code.
        (c) In addition to the general provisions of section 7 of
    this order regarding enforceable rights, nothing in this order
    is intended to suggest that the giving of notice to a patent
    owner under Article 1709(10) of the NAFTA constitutes an
    admission that the Federal Government has infringed a valid
    privately-owned patent.
        Sec. 7. Judicial Review. This order does not create any
    right or benefit, substantive or procedural, enforceable at law
    by a party against the United States, its agencies, its
    officers, or any person.
        Sec. 8. Effective Date. This order shall take effect upon
    the date of entry into force of the NAFTA for the United
    States.

                                    Annex 1

        Department of Agriculture
        Department of Commerce
        Department of Defense
        Department of Education
        Department of Energy
        Department of Health and Human Services
        Department of Housing and Urban Development
        Department of the Interior
        Department of Justice
        Department of Labor
        Department of State
        Department of Transportation
        Department of the Treasury
        United States Agency for International Development
        General Services Administration
        National Aeronautics and Space Administration
        Department of Veterans Affairs
        Environmental Protection Agency
        United States Information Agency
        National Science Foundation
        Panama Canal Commission
        Executive Office of the President
        Farm Credit Administration
        National Credit Union Administration
        Merit Systems Protection Board
        ACTION Agency
        United States Arms Control and Disarmament Agency
        Office of Thrift Supervision
        Federal Housing Finance Board
        National Labor Relations Board
        National Mediation Board
        Railroad Retirement Board
        American Battle Monuments Commission
        Federal Communications Commission
        Federal Trade Commission
        Interstate Commerce Commission
        Securities and Exchange Commission
        Office of Personnel Management
        United States International Trade Commission
        Export-Import Bank of the United States
        Federal Mediation and Conciliation Service
        Selective Service System
        Smithsonian Institution
        Federal Deposit Insurance Corporation
        Consumer Product Safety Commission
        Equal Employment Opportunity Commission
        Federal Maritime Commission
        National Transportation Safety Board
        Nuclear Regulatory Commission
        Overseas Private Investment Corporation
        Administrative Conference of the United States
        Board for International Broadcasting
        Commission on Civil Rights
        Commodity Futures Trading Commission
        Peace Corps
        National Archives and Records Administration

                                    Annex 2

        The Power Marketing Administrations of the Department of
    Energy
        Tennessee Valley Authority
        St. Lawrence Seaway Development Corporation
        (13) Federal Implementation of the North American Agreement on
                           Environmental Cooperation

    Executive Order 12915, May 13, 1994, 59 F.R. 25775, 19 U.S.C. 3472 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the North American Free Trade Agreement
    Implementation Act, Public Law 103-182; 107 Stat. 2057 (``NAFTA
    Implementation Act''), and section 301 of title 3, United
    States Code, it is hereby ordered as follows:
        Section 1. Policy. (a) The North American Agreement on
    Environmental Cooperation (``Environmental Cooperation
    Agreement'') shall be implemented consistent with United States
    policy for the protection of human, animal or plant life or
    health, and the environment. The Environmental Cooperation
    Agreement shall also be implemented to advance sustainable
    development, pollution prevention, environmental justice,
    ecosystem protection, and biodiversity preservation and in a
    manner that promotes transparency and public participation in
    accordance with the North American Free Trade Agreement
    (``NAFTA'') and the Environmental Cooperation Agreement.
        (b) Effective implementation of the Environmental
    Cooperation Agreement is essential to the realization of the
    environmental objectives of NAFTA and the NAFTA Implementation
    Act and promotes cooperation on trade and environmental issues
    between the United States, Canada, and Mexico.
        Sec. 2. Implementation of the Environmental Cooperation
    Agreement.
        (a) Policy Priorities. In accordance with Article 10(2) of
    the Environmental Cooperation Agreement, it is the policy of
    the United States to promote consideration of, with a view
    towards developing recommendations and reaching agreement on,
    the following priorities within the Council of the Commission
    for Environmental Cooperation (``Council''):
              (1) pursuant to Article 10(2)(m), the environmental
            impact of goods throughout their life cycles, including
            the environmental effects of processes and production
            methods and the internalization of environmental costs
            associated with products from raw material to disposal;
              (2) pursuant to Articles 10(2)(b), (g), (i), (j), and
            (k), pollution prevention techniques and strategies,
            transboundary and border environmental issues, the
            conservation and protection of wild flora and fauna
            (including endangered species), their habitats and
            specially protected natural areas, and environmental
            emergency preparedness and response activities;
              (3) pursuant to Articles 10(3) and 10(4),
            implementation of Environmental Cooperation Agreement
            provisions and the exchange of information among the
            United States, Canada, and Mexico concerning the
            development, continuing improvement, and effective
            enforcement of, and compliance with, environmental
            laws, policies, incentives, regulations, and other
            applicable standards;
              (4) pursuant to Article 10(5)(a), public access to
            environmental information held by public authorities of
            each party to the Environmental Cooperation Agreement,
            including information on hazardous materials and
            activities in its communities, and the opportunity to
            participate in decision-making processes related to
            such public access;
              (5) pursuant to Article 10(2)(1), environmental
            matters as they relate to sustainable development; and
              (6) other priorities as appropriate or necessary.
        (b) United States Representation on the Council. The
    Administrator of the Environmental Protection Agency (``EPA'')
    shall be the representative of the United States on the
    Council. The policies and positions of the United States in the
    Council shall be coordinated through applicable interagency
    procedures.
        (c) Environmental Effects of the NAFTA. Pursuant to Article
    10(6)(d) of the Environmental Cooperation Agreement, the
    Administrator of the EPA shall work actively within the Council
    to consider on an ongoing basis the environmental effects of
    the NAFTA and review progress toward the objectives of the
    Environmental Cooperation Agreement.
        (d) Transparency and Public Participation. The United
    States, as appropriate, shall endeavor to ensure the
    transparency and openness of, and opportunities for the public
    to participate in, activities under the Environmental
    Cooperation Agreement.
              (1) To the greatest extent practicable, pursuant to
            Articles 15(1) and 15(2), where the Secretariat of the
            Commission for Environmental Cooperation
            (``Secretariat'') informs the Council that a factual
            record is warranted, the United States shall support
            the preparation of such factual record.
              (2) To the greatest extent practicable, the United
            States shall support public disclosure of all
            nonconfidential and nonproprietary elements of reports,
            factual records, decisions, recommendations, and other
            information gathered or prepared by the Commission for
            Environmental Cooperation (``Commission''). Where
            requested information is not made available, the United
            States shall endeavor to have the Commission state in
            writing to the public its reasons for denial of the
            request.
              (3) The United States shall provide public notice of
            the opportunity to apply for inclusion on a roster of
            qualified individuals available to serve on arbitral
            panels under the Environmental Cooperation Agreement.
              (4) The United States shall seek to ensure that the
            Model Rules of Procedure for dispute settlement
            established pursuant to Articles 28(1) and 28(2) of the
            Environmental Cooperation Agreement provide for the
            preparation of public versions of written submissions
            and arbitral reports not otherwise made publicly
            available, and for public access to arbitral hearings.
              (5) Consistent with the Environmental Cooperation
            Agreement, the EPA Administrator shall develop
            procedures to inform the public of arbitral proceedings
            and Commission activities under the Environmental
            Cooperation Agreement, and to provide appropriate
            mechanisms for receiving public comment with respect to
            such arbitral proceedings and Commission activities
            involving the United States.
              (6) As a disputing party, the United States shall
            seek to ensure, pursuant to Article 30 of the
            Environmental Cooperation Agreement, that the arbitral
            panels consult with appropriate experts for information
            and technical advice.
        (e) Consultation with States. (1) Pursuant to Article 18 of
    the Environmental Cooperation Agreement, the EPA Administrator
    shall establish a governmental committee to furnish advice
    regarding implementation and further elaboration of the
    Agreement. Through this committee, or through other means as
    appropriate, the EPA Administrator and other relevant Federal
    agencies shall:
              (A) inform States on a continuing basis of matters
            under the Environmental Cooperation Agreement that
            directly relate to, or will potentially have a direct
            impact on, the States, including: (i) dispute
            settlement proceedings and other matters involving
            enforcement by the States of environmental laws; and
            (ii) implementation of the Environmental Cooperation
            Agreement, including Council, committee, and working
            group activities, in any area in which the States
            exercise concurrent or exclusive legislative,
            regulatory, or enforcement authority;
              (B) provide the States with an opportunity to submit
            information and advice with respect to the matters
            identified in section 2(e)(1)(A) of this order; and
              (C) involve the States to the greatest extent
            practicable at each stage of the development of United
            States positions regarding matters identified in
            section 2(e)(1)(A) if this order that will be addressed
            by the Council, committees, subcommittees, or working
            groups established under the Environmental Cooperation
            Agreement, or through dispute settlement processes
            prescribed under the Environmental Cooperation
            Agreement (including involvement through the inclusion
            of appropriate representatives of the States).
        (2) When formulating positions regarding matters identified
    in section 2(e)(1)(A) of this order, the United States shall
    take into account the information and advice received from the
    States.
        (3) The United States, where appropriate, shall include
    representatives of interested States as Members of the United
    States delegations to the Council and other Commission bodies,
    including arbitral panels.
        Sec. 3. National Advisory Committee. The EPA Administrator
    shall utilize a National Advisory Committee as provided under
    Article 17 of the Environmental Cooperation Agreement.
        Sec. 4. United States Contributions to the Commission for
    Environmental Cooperation. In accordance with section 532(a)(2)
    of the NAFTA Implementation Act, the EPA is designated as the
    agency authorized to make the contributions of the United
    states from funds available for such contributions to the
    annual budget of the Commission for Environmental Cooperation.
        Sec. 5. Judicial Review. This order is intended only to
    improve the internal management of the executive branch and is
    not intended to, and does not, create any right to
    administrative or judicial review, or any other right or
    benefit or trust responsibility, substantive or procedural,
    enforceable by a party against the United States, its agencies
    or instrumentalities, its officers or employees, or any other
    person.
     (14) Implementation of the Border Environment Cooperation Commission
                    and the North American Development Bank

    Executive Order 12916, May 13, 1994, 59 F.R. 25779, 19 U.S.C. 3473 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the North American Free Trade Agreement
    Implementation Act, Public Law 103-182; 107 Stat. 2057 (``NAFTA
    Implementation Act''), and section 301 of title 3, United
    States Code, it is hereby ordered as follows:
        Section 1. The Agreement Between the Government of the
    United States of America and the Government of the United
    Mexican States Concerning the Establishment of a Border
    Environment Cooperation Commission and a North American
    Development Bank (``Agreement'') shall be implemented
    consistent with the United States policy for the protection of
    human, animal or plant life or health, and the environment. The
    Agreement shall also be implemented to advance sustainable
    development, pollution prevention, environmental justice,
    ecosystem protection, and biodiversity preservation and in a
    manner that promotes transparency and public participation in
    accordance with the North American Free Trade Agreement and the
    Agreement.
        Sec. 2. (a) The Administrator of the Environmental
    Protection Agency and the United States Commission,
    International Boundary and Water Commission, United States and
    Mexico (``Commissioner''), shall represent the United States as
    Members of the Board of Directors of the Border Environment
    Cooperation Commission in accordance with the Agreement.
        (b) The policies and positions of the United States in the
    Border Environment Cooperation Commission shall be coordinated
    through applicable interagency procedures, which shall include
    participation by the Department of State, the Department of the
    Treasury, the Department of Housing and Urban Development, the
    Department of the Interior, the Agency for International
    Development, the Environmental Protection Agency, and, as
    appropriate, other Federal agencies.
        (c) The Commission shall promote cooperation, as
    appropriate, between the International Boundary and Water
    Commission and the Border Environment Cooperation Commission in
    planning, developing, carrying out border sanitation, and other
    environmental activities.
        Sec. 3. (a) The United States Government representatives to
    the Board of the North American Development Bank shall be the
    Secretary of the Treasury, the Secretary of State, and the
    Administrator of the Environmental Protection Agency.
        (b) For purposes of loans or guarantees for projects
    certified by the Border Environment Cooperation Commission, the
    representatives shall be instructed in accordance with the
    procedures of the National Advisory Council on International
    Monetary and Financial Policies (``Council'') as established by
    Executive Order No. 11269. For purposes of this section only,
    the membership of the Council shall be expanded to include the
    Secretary of the Department of Housing and Urban Development,
    the Secretary of the Interior, and the Administrator of the
    Environmental Protection Agency.
        (c) For purposes of loans or guarantees for projects
    certified by the Border Environment Cooperation Commission, the
    representatives shall consult with the Community Adjustment and
    Investment Program Advisory Committee (``Advisory Committee''),
    established pursuant to section 543(b) of the NAFTA
    Implementation Act concerning community adjustment and
    investment aspects of such loans or guarantees.
        (d) For purposes of loans, guarantees, or grants endorsed
    by the United States for community adjustment and investment,
    the representatives shall be instructed by the Secretary of the
    Treasury in accordance with procedures established by the
    Community Adjustment and Investment Program Finance Committee
    established pursuant to section 7 of this order.
        Sec. 4. The functions vested in the President by section
    543(a)(1) of the NAFTA Implementation Act are delegated to the
    Secretary of the Treasury.
        Sec. 5. The functions vested in the President by section
    543(a)(2) and (3) of the NAFTA Implementation Act are delegated
    to the Secretary of the Treasury, who shall exercise such
    functions in accordance with the recommendations of the
    Community Adjustment and Investment Program Finance Committee
    established pursuant to section 7 of this order.
        Sec. 6. The functions vested in the President by section
    543(a)(5) and section 543(d) of the NAFTA Implementation Act
    are delegated to the Community Adjustment and Investment
    Program Finance Committee established pursuant to section 7 of
    this order, which shall exercise such functions in consultation
    with the Advisory Committee.
        Sec. 7. (a) There is hereby established a Community
    Adjustment and Investment Program Finance Committee (``Finance
    Committee'').
        (b) The Finance Committee shall be composed of
    representatives from the Department of the Treasury, the
    Department of Agriculture, the Department of Housing and Urban
    Development, the Small Business Administration, and any other
    Federal agencies selected by the Chair of the Finance Committee
    to assist in carrying out the community adjustment and
    investment program pursuant to section 543(a)(3) of the NAFTA
    Implementation Act.
        (c) The Department of the Treasury representative shall
    serve as Chair of the Finance Committee. The Chair shall be
    responsible for presiding over the meetings of the Finance
    Committee, ensuring that the views of all other Members are
    taken into account, coordinating with other appropriate United
    States Government agencies in carrying out the community
    adjustment and investment program, and requesting meetings of
    the Advisory Committee pursuant to section 543(b)(4)(C) of the
    NAFTA Implementation Act.
        Sec. 8. Any advice or conclusions of reviews provided to
    the President by the Advisory Committee pursuant to section
    543(b)(3) of the NAFTA Implementation Act shall be provided
    through the Finance Committee.
        Sec. 9. Any summaries of public comments or conclusions of
    investigations and audits provided to the President by the
    ombudsman pursuant to section 543(c)(1) of the NAFTA
    Implementation Act shall be provided through the Finance
    Committee.
        Sec. 10. The authority of the President under section 6 of
    Public Law 102-532; 7 U.S.C. 5404, to establish an advisory
    board to be known as the Good Neighbor Environmental Board is
    delegated to the Administrator of the Environmental Protection
    Agency.
        Sec. 11. This order is intended only to improve the
    internal management of the Executive branch and is not intended
    to, and does not, create any right to administrative or
    judicial review, or any other right or benefit or trust
    responsibility, substantive or procedural, enforceable by a
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.
        (15) Interagency Task Force on the Economic Development of the
                                Southwest Border

      Executive Order 13122, May 25, 1999, 64 F.R. 29201, 42 U.S.C. 3121
     note; as amended by Executive Order 13284, January 23, 2003, 68 F.R.
                                      4075

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to provide a more rapid and integrated Federal
    response to the economic development challenges of the
    Southwest Border region, it is hereby ordered as follows:
        Section 1. Establishment of an Interagency Task Force on
    the Economic Development of the Southwest Border. (a) There is
    established the ``Interagency Task Force on the Economic
    Development of the Southwest Border'' (Task Force) that reports
    to the Vice President, as Chair of the President's Community
    Empowerment Board (PCEB), and to the Assistant to the President
    for Economic Policy, as Vice Chair of the PCEB.
        (b) The Task Force shall comprise the Secretary of State,
    Secretary of Agriculture, Secretary of Commerce, Secretary of
    Defense, the Attorney General, Secretary of the Interior,
    Secretary of Education, Secretary of Health and Human Services,
    Secretary of Housing and Urban Development, Secretary of
    Energy, Secretary of Labor, Secretary of Transportation,
    Secretary of the Treasury, Secretary of Homeland Security,\1\
    Director of the Office of Management and Budget, Director of
    National Drug Control Policy, Administrator of General
    Services, Administrator of the Small Business Administration,
    Administrator of the Environmental Protection Agency, or their
    designees, and such other senior executive branch officials as
    may be determined by the Co-Chairs of the Task Force. The
    Secretaries of the Treasury, Agriculture, and Labor shall Co-
    Chair the Task Force, rotating annually. The agency chairing
    the Task Force will provide administrative support for the Task
    Force.
    ---------------------------------------------------------------------------
        \1\ Sec. 6 of Executive Order 13284 (68 F.R. 4075) inserted
    ``Secretary of Homeland Security,''.
    ---------------------------------------------------------------------------
        (c) The purpose of the Task Force is to coordinate and
    better leverage existing Administration efforts for the
    Southwest Border, in concert with locally led efforts, in order
    to increase the living standards and the overall economic
    profile of the Southwest Border so that it may achieve the
    average of the Nation. Specifically, the Task Force shall:
              (1) analyze the existing programs and policies of
            Task Force members that relate to the Southwest Border
            to determine what changes, modifications, and
            innovations should be considered;
              (2) consider statistical and data analysis, research,
            and policy studies related to the Southwest Border;
              (3) develop and recommend short-term and long-term
            options for promoting sustainable economic development;
              (4) consult and coordinate activities with State,
            tribal, and local governments, community leaders,
            Members of Congress, the private sector, and other
            interested parties, paying particular attention to
            maintaining existing authorities of the States, tribes,
            and local governments, and preserving their existing
            working relationships with other agencies,
            organizations, or individuals;
              (5) coordinate and collaborate on research and
            demonstration priorities of Task Force member agencies
            related to the Southwest Border;
              (6) integrate Administration initiatives and programs
            into the design of sustainable economic development
            actions for the Southwest Border; and
              (7) focus initial efforts on pilot communities for
            implementing a coordinated and expedited Federal
            response to local economic development and other needs.
        (d) The Task Force shall issue an interim report to the
    Vice President by November 15, 1999. The Task Force shall issue
    its first annual report to the Vice President by April 15,
    2000, with subsequent reports to follow yearly and a final
    report on April 15, 2002. The reports shall describe the
    actions taken by, and progress of, each member of the Task
    Force in carrying out this order. The Task Force shall
    terminate 30 days after submitting its final report unless a
    Task Force consensus recommends continuation of activities.
        Sec. 2. Specific Activities by Task Force Members and Other
    Agencies. The agencies represented on the Task Force shall work
    together and report their actions and progress in carrying out
    this order to the Task Force Chair 1 month before the reports
    are due to the Vice President under section 1(d) of this order.
        Sec. 3. Cooperation. All efforts taken by agencies under
    sections 1 and 2 of this order shall, as appropriate, further
    partnerships and cooperation with organizations that represent
    the Southwest Border and with State and local governments.
        Sec. 4. (a) ``Agency'' means an executive agency as defined
    in 5 U.S.C. 105.
        (b) The ``Southwest Border'' or ``Southwest Border region''
    is defined as including the areas up to 150 miles north of the
    United States-Mexican border in the States of Arizona, New
    Mexico, Texas, and California.
        Sec. 5. Judicial Review. This order does not create any
    right or benefit, substantive or procedural, enforceable at law
    by a party against the United States, its agencies, its
    officers, or any person.
     (16) Implementation of Article VIII of the Agreement Establishing the
                            World Trade Organization

      Executive Order 13042, April 9, 1997, 62 F.R. 18017, 19 U.S.C. 3511
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 101(b) of the Uruguay Round Agreements Act
    (Public Law 103-465) and section 1 of the International
    Organizations Immunities Act (22 U.S.C. 288), I hereby
    implement for the United States the provisions of Article VIII
    of the Agreements Establishing the World Trade Organization.
        Section 1. The provisions of the Convention on the
    Privileges and Immunities of the Specialized Agencies (U.N.
    General Assembly Resolution 179 (II) of November 21, 1947, 33
    U.N.T.S. 261) shall apply to the World Trade Organization, its
    officials, and the Representatives of its members, provided:
    (1) sections 19(b) and 15, regarding immunity from taxation,
    and sections 13(d) and section 20, regarding immunity from
    national service obligations, shall not apply to U.S. nationals
    and aliens admitted for permanent residence; (2) with respect
    to section 13(d) and section 19(c), regarding exemption from
    immigration restrictions and alien registration requirements,
    World Trade Organization officials and representatives of its
    members shall be entitled to the same, and no greater,
    privileges, exemptions, and immunities as are accorded under
    similar circumstances to officers and employees of foreign
    governments, and members of their families; (3) with respect to
    section 9(a) regarding exemption from taxation, such exemption
    shall not extend to taxes levied on real property, or that
    portion of real property, which is not used for the purposes of
    the World Trade Organization. The leasing or renting by the
    World Trade Organization of its property to another entity or
    person to generate revenue shall not be considered a use for
    the purposes of the World Trade Organization. Whether property
    or portions thereof are used for the purposes of the World
    Trade Organization shall be determined within the sole
    discretion of the Secretary of State or the Secretary's
    designee; (4) with respect to section 25(2)(II) regarding
    approval of orders to leave the United States, ``Foreign
    Minister'' shall mean the Secretary of State or the Secretary's
    designee.
        Sec. 2. In addition and without impairment to the
    protections extended above, having found that the World Trade
    Organization is a public international organization in which
    the United States participates within the meaning of the
    International Organizations Immunities Act, I hereby designate
    the World Trade Organization as a public international
    organization entitled to enjoy the privileges, exemptions, and
    immunities conferred by that Act, except that section 6 of that
    Act, providing exemption from property tax imposed by, or under
    the authority of, any Act of Congress, shall not extend to
    taxes levied on property, or that portion of property, that is
    not used for the purposes of the World Trade Organization. The
    leasing or renting by the World Trade Organization of its
    property to another entity or person to generate revenue shall
    not be considered a use for the purposes of the World Trade
    Organization. Whether property or portions thereof are used for
    the purposes of the World Trade Organization shall be
    determined within the sole discretion of the Secretary of State
    or the Secretary's designee. This designation is not intended
    to abridge in any respect privileges, exemptions, or immunities
    that the World Trade Organization otherwise enjoys or may
    acquire by international agreements or by congressional action.
     (17) Implementation of the African Growth and Opportunity Act and the
              United States-Caribbean Basin Trade Partnership Act

     Executive Order 13191, January 17, 2001, 66 F.R. 7271, 19 U.S.C. 2703
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the African Growth and Opportunity Act (Title I of
    Public Law 106-200) (AGOA), the United States-Caribbean Basin
    Trade Partnership Act (Title II of Public Law 106-200) (CBTPA),
    the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
    seq.), and section 301 of title 3, United States Code, and in
    order to expand international trade and enhance our economic
    partnership with sub-Saharan Africa and the Caribbean Basin,
    promote investment and economic development and reduce poverty
    in those regions, and create new economic opportunities for
    American workers and businesses, it is hereby ordered as
    follows:

                     Part I--Implementation of the AGOA \1\
    ---------------------------------------------------------------------------

        \1\ Part I, regarding the implementation of the African Growth and
    Opportunity Act (AGOA), can be found on page 1105.
    ---------------------------------------------------------------------------
              * * * * * * *

                      Part II--Implementation of the CBTPA

        Sec. 6. Apparel Articles Assembled from Fabrics or Yarn Not
    Available in Commercial Quantities. The Committee is authorized
    to exercise the authority vested in the President under section
    213(b)(2)(A)(v)(II)(aa) of the CBERA (19 U.S.C.
    2703(b)(2)(A)(v)(II)(aa)), as added by section 211(a) of the
    CBTPA, to determine whether yarns or fabrics cannot be supplied
    by the domestic industry in commercial quantities in a timely
    manner. The Committee shall establish procedures to ensure
    appropriate public participation in any such determination. The
    Committee and the USTR are jointly authorized to exercise the
    authority vested in the President under sections
    213(b)(2)(A)(v)(II)(bb), (cc), and (ee) of the CBERA (19 U.S.C.
    2703(b)(2)(A)(v)(II)(bb), (cc), and (ee)), as added by section
    211(a) of the CBTPA, to obtain advice from the appropriate
    advisory committee, to submit a report to the appropriate
    Congressional committees, and to consult with those
    Congressional committees. The USTR is authorized to exercise
    the authority vested in the President under section
    213(b)(2)(A)(v)(II)(bb) of the CBERA to obtain advice from the
    USITC.
        Sec. 7. Certain Interlinings. The Committee is authorized
    to exercise the authority vested in the President under section
    213(b)(2)(A)(vii)(II)(cc) of the CBERA (19 U.S.C.
    2703(b)(2)(A)(vii)(II)(cc)), as added by section 211(a) of the
    CBTPA, to determine whether U.S. manufacturers are producing
    interlinings in the United States in commercial quantities. The
    Committee shall establish procedures to ensure appropriate
    public participation in any such cetermination. The
    determination or determinations of the Committee under this
    section shall be set forth in a notice or notices that the
    Committee shall cause to be published in the Federal Register.
    The Commissioner shall take such actions to carry out any such
    determination as directed by the Committee.
        Sec. 8. Handloomed, Handmade, and Folklore Articles. The
    Committee, after consultation with the Commissioner, is
    authorized to exercise the authority vested in the President
    under section 213(b)(2)(C) of the CBERA (19 U.S.C.
    2703(b)(2)(C)), as added by section 211(a) of the CBTPA, to
    consult with representatives of CBTPA beneficiary countries for
    the purpose of identifying particular textile and apparel goods
    that are mutually agreed upon as being handloomed, hand made,
    or folklore goods within the meaning of that section. The
    Commissioner shall take such actions to carry out any such
    determination as directed by the Committee.
        Sec. 9. Penalties for Transshipments. The Committee, after
    consultation with the Commissioner, is authorized to exercise
    the authority vested in the President under section
    213(b)(2)(D) of the CBERA (19 U.S.C. 2703(b)(2)(D)), as added
    by section 211(a) of the CBTPA, to determine, based on
    sufficient evidence, whether an exporter has engaged in
    transshipment and, if transshipment has occurred, to deny all
    benefits under the CBTPA to any such exporter, and any
    successor of such exporter, for a period of 2 years; to request
    that any CBTPA beneficiary country through whose territory
    transshipment has occurred take all necessary and appropriate
    actions to prevent such transshipment; and to impose the
    penalty provided in section 213(b)(2)(D)(ii) of the CBERA on a
    CBTPA beneficiary country if the Committee determines that such
    country is not taking such actions. The determination or
    determinations of the Committee under this section shall be set
    forth in a notice or notices that the Committee shall cause to
    be published in the Federal Register. The Commissioner shall
    take such actions to carry out any such determination as
    directed by the Committee.
        Sec. 10. Bilateral Emergency Tariff Actions. The Committee
    is authorized to exercise the authority vested in the President
    under section 213(b)(2)(E) of the CBERA (19 U.S.C.
    2703(b)(2)(E)), as added by section 211(a) of the CBTPA, to
    take bilateral emergency tariff actions, if the Committee
    determines that the conditions provided in section 213(b)(2)(E)
    of the CBERA are satisfied. The Committee shall establish
    procedures to ensure appropriate public participation in any
    such determination. The determination or determinations of the
    Committee under this section shall be set forth in a notice or
    notices that the Committee shall cause to be published in the
    Federal Register. The Commissioner shall take such actions to
    carry out any such bilateral emergency tariff action as
    directed by the Committee.

                          Part III--General Provisions

        Sec. 11. Judicial Review. This order does not create any
    right or benefit, substantive or procedural, enforceable at law
    or equity by a party against the United States, its agencies,
    its officers, or any person.
         c. Implementation of Agreement With the European Community on
                             Government Procurement

     Executive Order 12849 of May 25, 1993, 58 F.R. 30931, 19 U.S.C. 2511
                                      note

    Whereas, the United States and the European Community (EC) have
        entered into a Memorandum of Understanding on Government
        Procurement (Agreement) that provides appropriate
        reciprocal competitive government procurement
        opportunities;
    Whereas, the commitments made in the Agreement are intended to
        become part of an expanded General Agreement on Tariffs and
        trade Agreement on Government Procurement (GATT Code) and
        are an important step toward an expanded GATT Code;
    Whereas, as a result of these commitments, U.S. businesses will
        obtain increased access to EC member state procurement for
        U.S. goods and services;
    Whereas, I have determined that it is inconsistent with the
        public interest to apply the restrictions of the Buy
        American Act, as amended (41 U.S.C. 10a-10d), to
        procurement covered by the Agreement;

        NOW, THEREFORE, by virtue of the authority vested in me as
    President by the Constitution and the laws of the United States
    of America, including section 301 of title 3, United States
    Code, and title III of the Trade Agreements Act of 1979, as
    amended (19 U.S.C. 2511-2518), and in order to implement the
    agreement, it is hereby ordered as follows:

        Section 1. In applying the provisions of the Buy American
    Act, the heads of the agencies listed in Annex 1, Parts A and
    B, of this order are requested, as of the date of this order,
    to apply no price differential between articles, materials, or
    supplies of U.S. origin and those originating in the member
    states of the EC.
        Sec. 2. For purposes of this order, the rule of origin
    specified in section 308 of the trade Agreements Act of 1979,
    as amended (19 U.S.C. 2518), shall apply in determining whether
    goods originate in the member states of the EC.
        Sec. 3. This order shall apply only to solicitations,
    issued by agencies listed in Annex 1, Parts A and B, of this
    order, above the threshold amounts set for in Annex 2.
        Sec. 4. This order shall apply to solicitations outstanding
    on the date of this order, except for those for which the
    initial deadline for receipt of bids or proposals has passed,
    and to all solicitations issued after the date of this order.
        Sec. 5. Except for procurements by the Department of
    Defense, the United States Trade Representative (USTR) shall be
    responsible for interpretation of the Agreement. The USTR shall
    seek the advice of the interagency organization established
    under section 242(a) of the trade Expansion Act of 1962 (19
    U.S.C. 1872(a)) and consult with affected agencies, including
    the Office of Federal Procurement Policy.
        Sec. 6. This Executive order is effective immediately.
    although regulatory implementation of this order must await
    revisions to the Federal Acquisition Regulation (FAR), it is
    expected that agencies listed in annex 1, Parts A and B, of
    this order will take all appropriate actions in the interim to
    implement those aspects of the order that are not dependent
    upon regulatory revision.
        Sec. 7. Pursuant to section 25 of the Office of Federal
    Procurement Policy Act, as amended (41 U.S.C. 421(a)), the
    Federal Acquisition Regulatory Council shall ensure that the
    policies established herein are incorporated in the FAR within
    30 days from the date this order is issued.

                                    Annex 1A

    Department of Agriculture
    Department of Commerce
    Department of Defense
    Department of Education
    Department of Energy
            (Not including national security procurement made in
            support of safeguarding nuclear materials or technology
            and entered into under the authority of the Atomic
            Energy Act; and oil purchases related to the Strategic
            Petroleum reserve)
    Department of Health and Human Services
    Department of Housing and Urban Development
    Department of the Interior
    Department of Justice
    Department of Labor
    Department of State
    Department of Transportation
            (The national security consideration currently
            applicable to the Department of Defense under the GATT
            Government Procurement Code is equally applicable under
            this Agreement to the Coast Guard)
    Department of the Treasury
    United States Agency for International Development
    General Services Administration (other than Federal Supply
        Groups 51 and 52 and Federal Supply Class 7340)
    National Aeronautics and Space Administration
    Department of Veterans Affairs
    Environmental Protection Agency
    United States Information Agency
    National Science Foundation
    Panama Canal Commission
    Executive Office of the President
    Farm Credit Administration
    National Credit Union Administration
    Merit Systems Protection Board
    ACTION Agency
    United States Arms Control and Disarmament Agency
    Office of Thrift Supervision
    Federal Housing Finance Board
    National Labor Relations Board
    National Mediation Board
    Railroad Retirement Board
    American Battle Monuments Commission
    Federal Communications Commission
    Federal Trade Commission
    Interstate Commerce Commission
    Securities and Exchange Commission
    Office of Personnel Management
    United States International Trade Commission
    Export-Import Bank of the United States
    Federal Mediation and Conciliation Service
    Selective Service System
    Smithsonian Institution
    Federal Deposit Insurance Corporation
    Consumer Product Safety Commission
    Equal Employment Opportunity Commission
    Federal Maritime Commission
    National Transportation Safety Board
    Nuclear Regulatory Commission
    Overseas Private Investment Corporation
    Administrative Conference of the United States
    Board for International Broadcasting
    Commission on Civil Rights
    Commodity Futures Trading Commission
    The Peace Corps
    National Archives and Records Administration

                                    Annex 1B

    The Power Marketing Administration of the Department of Energy
    Tennessee Valley Authority

                                    Annex 2

    Thresholds Applicable to Agencies listed in Annex 1A
    Goods contracts--130,000 SDRs (currently $176,000)
    Construction contracts--$6,500,000
    Thresholds Applicable to Agencies listed in Annex 1B
    Goods contracts--$450,000
    Construction contracts--$6,500,000
    United States
                           d. U.S. Trade With Africa

                     (1) African Growth and Opportunity Act

    Partial text of Public Law 106-200 [H.R. 434], 114 Stat. 251, approved
    May 18, 2000; as amended by Public Law 107-210 [Trade Act of 2002; H.R.
    3009], 116 Stat. 933, approved August 6, 2002; Public Law 108-274 [AGOA
    Acceleration Act of 2004; H.R. 4103], 118 Stat. 820, approved July 13,
        2004; and Public Law 108-429 [Miscellaneous Trade and Technical
    Corrections Act of 2004; H.R. 1047], 118 Stat. 2434, approved December
                                    3, 2004

     AN ACT To authorize a new trade and investment policy for sub-Saharan
    Africa, expand trade benefits to the countries in the Caribbean Basin,
    renew the generalized system of preferences, and reauthorize the trade
                        adjustment assistance programs.

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

       TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA

                Subtitle A--Trade Policy for Sub-Saharan Africa

    SEC. 101.\1\ SHORT TITLE.
    ---------------------------------------------------------------------------

        \1\ 19 U.S.C. 3701 note.
    ---------------------------------------------------------------------------
      This title may be cited as the ``African Growth and
    Opportunity Act''.

    SEC. 102.\2\ FINDINGS.
    ---------------------------------------------------------------------------

        \2\ 19 U.S.C. 3701.
    ---------------------------------------------------------------------------
      Congress finds that--
              (1) it is in the mutual interest of the United States
            and the countries of sub-Saharan Africa to promote
            stable and sustainable economic growth and development
            in sub-Saharan Africa;
              (2) the 48 countries of sub-Saharan Africa form a
            region richly endowed with both natural and human
            resources;
              (3) sub-Saharan Africa represents a region of
            enormous economic potential and of enduring political
            significance to the United States;
              (4) the region has experienced the strengthening of
            democracy as countries in sub-Saharan Africa have taken
            steps to encourage broader participation in the
            political process;
              (5) certain countries in sub-Saharan Africa have
            increased their economic growth rates, taken
            significant steps towards liberalizing their economies,
            and made progress toward regional economic integration
            that can have positive benefits for the region;
              (6) despite those gains, the per capita income in
            sub-Saharan Africa averages approximately $500
            annually;
              (7) trade and investment, as the American experience
            has shown, can represent powerful tools both for
            economic development and for encouraging broader
            participation in a political process in which political
            freedom can flourish;
              (8) increased trade and investment flows have the
            greatest impact in an economic environment in which
            trading partners eliminate barriers to trade and
            capital flows and encourage the development of a
            vibrant private sector that offers individual African
            citizens the freedom to expand their economic
            opportunities and provide for their families;
              (9) offering the countries of sub-Saharan Africa
            enhanced trade preferences will encourage both higher
            levels of trade and direct investment in support of the
            positive economic and political developments under way
            throughout the region; and
              (10) encouraging the reciprocal reduction of trade
            and investment barriers in Africa will enhance the
            benefits of trade and investment for the region as well
            as enhance commercial and political ties between the
            United States and sub-Saharan Africa.

    SEC. 103.\3\ STATEMENT OF POLICY.
    ---------------------------------------------------------------------------

        \3\ 19 U.S.C. 3702.
    ---------------------------------------------------------------------------
      Congress supports--
              (1) encouraging increased trade and investment
            between the United States and sub-Saharan Africa;
              (2) reducing tariff and nontariff barriers and other
            obstacles to sub-Saharan African and United States
            trade;
              (3) expanding United States assistance to sub-Saharan
            Africa's regional integration efforts;
              (4) negotiating reciprocal and mutually beneficial
            trade agreements, including the possibility of
            establishing free trade areas that serve the interests
            of both the United States and the countries of sub-
            Saharan Africa;
              (5) focusing on countries committed to the rule of
            law, economic reform, and the eradication of poverty;
              (6) strengthening and expanding the private sector in
            sub-Saharan Africa, especially enterprises owned by
            women and small businesses;
              (7) facilitating the development of civil societies
            and political freedom in sub-Saharan Africa;
              (8) establishing a United States-Sub-Saharan Africa
            Trade and Economic Cooperation Forum; and
              (9) the accession of the countries in sub-Saharan
            Africa to the Organization for Economic Cooperation and
            Development (OECD) Convention on Combating Bribery of
            Foreign Public Officials in International Business
            Transactions.

    SEC. 104.\4\ ELIGIBILITY REQUIREMENTS.
    ---------------------------------------------------------------------------

        \4\ 19 U.S.C. 3703.
    ---------------------------------------------------------------------------
      (a) In General.--The President is authorized to designate a
    sub-Saharan African country as an eligible sub-Saharan African
    country if the President determines that the country--
              (1) has established, or is making continual progress
            toward establishing--
                      (A) a market-based economy that protects
                    private property rights, incorporates an open
                    rules-based trading system, and minimizes
                    government interference in the economy through
                    measures such as price controls, subsidies, and
                    government ownership of economic assets;
                      (B) the rule of law, political pluralism, and
                    the right to due process, a fair trial, and
                    equal protection under the law;
                      (C) the elimination of barriers to United
                    States trade and investment, including by--
                              (i) the provision of national
                            treatment and measures to create an
                            environment conducive to domestic and
                            foreign investment;
                              (ii) the protection of intellectual
                            property; and
                              (iii) the resolution of bilateral
                            trade and investment disputes;
                      (D) economic policies to reduce poverty,
                    increase the availability of health care and
                    educational opportunities, expand physical
                    infrastructure, promote the development of
                    private enterprise, and encourage the formation
                    of capital markets through micro-credit or
                    other programs;
                      (E) a system to combat corruption and
                    bribery, such as signing and implementing the
                    Convention on Combating Bribery of Foreign
                    Public Officials in International Business
                    Transactions; and
                      (F) protection of internationally recognized
                    worker rights, including the right of
                    association, the right to organize and bargain
                    collectively, a prohibition on the use of any
                    form of forced or compulsory labor, a minimum
                    age for the employment of children, and
                    acceptable conditions of work with respect to
                    minimum wages, hours of work, and occupational
                    safety and health;
              (2) does not engage in activities that undermine
            United States national security or foreign policy
            interests; and
              (3) does not engage in gross violations of
            internationally recognized human rights or provide
            support for acts of international terrorism and
            cooperates in international efforts to eliminate human
            rights violations and terrorist activities.
      (b) Continuing Compliance.--If the President determines that
    an eligible sub-Saharan African country is not making continual
    progress in meeting the requirements described in subsection
    (a)(1), the President shall terminate the designation of the
    country made pursuant to subsection (a).

    SEC. 105.\5\ UNITED STATES-SUB-SAHARAN AFRICA TRADE AND ECONOMIC
                        COOPERATION FORUM.
    ---------------------------------------------------------------------------

        \5\ 19 U.S.C. 3704.
    ---------------------------------------------------------------------------
      (a) Declaration of Policy.--The President shall convene
    annual high-level meetings between appropriate officials of the
    United States Government and officials of the governments of
    sub-Saharan African countries in order to foster close economic
    ties between the United States and sub-Saharan Africa.
      (b) Establishment.--Not later than 12 months after the date
    of the enactment of this Act, the President, after consulting
    with Congress and the governments concerned, shall establish a
    United States-Sub-Saharan Africa Trade and Economic Cooperation
    Forum (in this section referred to as the ``Forum'').
      (c) Requirements.--In creating the Forum, the President shall
    meet the following requirements:
              (1) The President shall direct the Secretary of
            Commerce, the Secretary of the Treasury, the Secretary
            of State, and the United States Trade Representative to
            host the first annual meeting with their counterparts
            from the governments of sub-Saharan African countries
            eligible under section 104, and those sub-Saharan
            African countries that the President determines are
            taking substantial positive steps towards meeting the
            eligibility requirements in section 104. The purpose of
            the meeting shall be to discuss expanding trade and
            investment relations between the United States and sub-
            Saharan Africa and the implementation of this title
            including encouraging joint ventures between small and
            large businesses. The President shall also direct the
            Secretaries and the United States Trade Representative
            to invite to the meeting representatives from
            appropriate sub-Saharan African regional organizations
            and government officials from other appropriate
            countries in sub-Saharan Africa.
              (2)(A) The President, in consultation with the
            Congress, shall encourage United States nongovernmental
            organizations to host annual meetings with
            nongovernmental organizations from sub-Saharan Africa
            in conjunction with the annual meetings of the Forum
            for the purpose of discussing the issues described in
            paragraph (1).
              (B) The President, in consultation with the Congress,
            shall encourage United States representatives of the
            private sector to host annual meetings with
            representatives of the private sector from sub-Saharan
            Africa in conjunction with the annual meetings of the
            Forum for the purpose of discussing the issues
            described in paragraph (1).
              (3) The President shall, to the extent practicable,
            meet with the heads of governments of sub-Saharan
            African countries eligible under section 104, and those
            sub-Saharan African countries that the President
            determines are taking substantial positive steps toward
            meeting the eligibility requirements in section 104,
            not less than once every 2 years for the purpose of
            discussing the issues described in paragraph (1). The
            first such meeting should take place not later than 12
            months after the date of the enactment of this Act.
      (d) Dissemination of Information by USIS.--In order to assist
    in carrying out the purposes of the Forum, the United States
    Information Service shall disseminate regularly, through
    multiple media, economic information in support of the free
    market economic reforms described in this title.
      (e) HIV/AIDS Effect on the sub-Saharan African Workforce.--In
    selecting issues of common interest to the United States-Sub-
    Saharan Africa Trade and Economic Cooperation Forum, the
    President shall instruct the United States delegates to the
    Forum to promote a review by the Forum of the HIV/AIDS epidemic
    in each sub-Saharan African country and the effect of the HIV/
    AIDS epidemic on economic development in each country.

    SEC. 106.\6\ REPORTING REQUIREMENT.

      The President shall submit to the Congress, not later than 1
    year after the date of the enactment of this Act, and annually
    thereafter through 2008, a comprehensive report on the trade
    and investment policy of the United States for sub-Saharan
    Africa, and on the implementation of this title and the
    amendments made by this title.
    ---------------------------------------------------------------------------
        \6\ 19 U.S.C. 3705.
    ---------------------------------------------------------------------------

    SEC. 107.\7\ SUB-SAHARAN AFRICA DEFINED.
    ---------------------------------------------------------------------------

        \7\ 19 U.S.C. 3706.
    ---------------------------------------------------------------------------
      For purposes of this title, the terms ``sub-Saharan Africa'',
    ``sub-Saharan African country'', ``country in sub-Saharan
    Africa'', and ``countries in sub-Saharan Africa'' refer to the
    following or any successor political entities:
              Republic of Angola (Angola).\8\
    ---------------------------------------------------------------------------
        \8\ On December 3, 2003, in Presidential Proclamation 7748 (69 F.R.
    225), the President designated the Republic of Angola as a beneficiary
    sub-Saharan African country pursuant to sec. 506A(a) of the Trade Act
    of 1974, and as a lesser developed beneficiary sub-Saharan African
    country for purposes of sec. 112(b)(3)(b) of the AGOA.
        Also in Presidential Proclamation 7748, the President terminated
    the designation for the Central African Republic and the State of
    Eritrea as beneficiary sub-Saharan African countries.
    ---------------------------------------------------------------------------
              Republic of Benin (Benin).\9\, \10\
    ---------------------------------------------------------------------------
        \9\ On October 2, 2000, in Presidential Proclamation 7350 (65 F.R.
    59321), the President designated these countries as beneficiary sub-
    Saharan African countries pursuant to sec. 506A(a) of the Trade Act of
    1974. In addition, the President authorized the United States Trade
    Representative (USTR) ``to perform the functions specified in sections
    112(c) and 113(b)(1)(B) of the AGOA [African Growth and Opportunity
    Act] and to make the findings identified in section 113(a) of the AGOA
    and to perform certain functions under section 604 of the 1974 Act.''
    The President also determined that ``it is appropriate to authorize the
    USTR to determine the effective date of [Sierra Leone's] designation as
    a beneficiary sub-Saharan African country.''.
        \10\ On October 2, 2000, in Presidential Proclamation 7350 (65 F.R.
    53921), the President designated these countries as lesser developed
    beneficiary sub-Saharan African countries for purposes of sec.
    112(b)(3)(b) of the AGOA.
    ---------------------------------------------------------------------------
              Republic of Botswana (Botswana).\9\
              Burkina Faso (Burkina).\11\
    ---------------------------------------------------------------------------
        \11\ On December 10, 2004, in Presidential Proclamation 7853 (69
    F.R. 74945), the President designated Burkina Faso as an eligible sub-
    Saharan African country pursuant to sec. 104 of the AGOA, as a
    beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
    Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
    African country for purposes of sec. 112(b)(3)(b) of the AGOA.
    ---------------------------------------------------------------------------
              Republic of Burundi (Burundi).\12\
    ---------------------------------------------------------------------------
        \12\ On December 22, 2005, in Presidential Proclamation 7970 (70
    F.R. 76647), the President designated Burundi as an eligible sub-
    Saharan African country pursuant to sec. 104 of the AGOA, as a
    beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
    Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
    African country for purposes of sec. 112(b)(3)(b) of the AGOA.
        In Presidential Proclamation 7970, the President further terminated
    the designation for the Islamic Republic of Mauritania as a beneficiary
    sub-Saharan African country.
    ---------------------------------------------------------------------------
              Republic of Cameroon (Cameroon).\9\, \10\
              Republic of Cape Verde (Cape Verde).\9\,
            \10\
              Central African Republic.\8\, \10\
              Republic of Chad (Chad).\10\
              Federal Islamic Republic of the Comoros (Comoros).
              Democratic Republic of Congo.\13\
    ---------------------------------------------------------------------------
        \13\ On March 28, 2003, in Presidential Proclamation 7657 (68, F.R.
    15921), the President designated the Democratic Republic of Congo as an
    eligible sub-Saharan African country pursuant to sec. 104 of the AGOA.
    In addition, the President authorized the United States Trade
    Representative (USTR) ``to exercise the authority provided to the
    President under section 506A(a)(1) of the 1974 Act with respect to
    DROC. The USTR shall announce any such exercise of authority in a
    notice published in the Federal Register. To implement any designation
    of DROC as a beneficiary sub-Saharan African country, the USTR is
    authorized to exercise the authority provided to the President under
    section 604 of the 1974 Act to embody modifications and technical or
    conforming changes in the HTS.''. In a determination issued on October
    30, 2003 (68 F.R. 62158), the USTR designated the Democratic Republic
    of Congo as a beneficiary sub-Saharan African country and as a lesser
    developed beneficiary sub-Saharan African country.
        In Presidential Proclamation 7657 (68 F.R. 15921), the President
    further designated the Republic of the Gambia as an eligible sub-
    Saharan African country pursuant to sec. 104 of the AGOA, as a
    beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
    Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
    African country for purposes of sec. 112(b)(3)(b) of the AGOA.
    ---------------------------------------------------------------------------
              Republic of the Congo (Congo).\9\, \10\
              Republic of Cote d'Ivoire (Cote d'Ivoire).\14\
    ---------------------------------------------------------------------------
        \14\ On May 16, 2002, in Presidential Proclamation 7561 (67 F.R.
    35705), the President designated the Republic of Cote d'Ivoire as a
    beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
    Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
    African country for purposes of sec. 112(b)(3)(b) of the AGOA.
        Subsequently, on December 21, 2004, in Presidential Proclamation
    7858 (69 F.R. 77603), the President terminated the designation for the
    Republic of Cote d'Ivoire as a beneficiary sub-Saharan African country.
    ---------------------------------------------------------------------------
              Republic of Djibouti (Djibouti).\9\, \10\
              Republic of Equatorial Guinea (Equatorial Guinea).
              State of Eritrea (Eritrea).\8\, \9\,
            \10\
              Ethiopia.\9\, \10\
              Gabonese Republic (Gabon).\9\
              Republic of the Gambia (Gambia).\13\
              Republic of Ghana (Ghana).\9\,\10\
              Republic of Guinea (Guinea).\9\, \10\
              Republic of Guinea-Bissau (Guinea-Bissau).\9\,
            \10\
              Republic of Kenya (Kenya).\9\, \10\
              Kingdom of Lesotho (Lesotho).\9\, \10\
              Republic of Liberia (Liberia).
              Republic of Madagascar (Madagascar).\9\,
            \10\
              Republic of Malawi (Malawi).\9\, \10\
              Republic of Mali (Mali).\9\, \10\
              Islamic Republic of Mauritania (Mauritania).\9\,
            \10\, \12\
              Republic of Mauritius (Mauritius).\9\
              Republic of Mozambique (Mozambique).\9\,
            \10\
              Republic of Namibia (Namibia).\9\
              Republic of Niger (Niger).\9\, \10\
              Federal Republic of Nigeria (Nigeria).\9\,
            \10\
              Republic of Rwanda (Rwanda).\9\, \10\
              Democratic Republic of Sao Tome and Principe (Sao
            Tomei and Principe).\9\, \10\
              Republic of Senegal (Senegal).\9\, \10\
              Republic of Seychelles (Seychelles).\9\
              Republic of Sierra Leone (Sierra Leone).\9\,
            \10\
              Somalia.
              Republic of South Africa (South Africa).\9\
              Republic of Sudan (Sudan).
              Kingdom of Swaziland (Swaziland).\15\
    ---------------------------------------------------------------------------
        \15\ On January 17, 2001, in Presidential Proclamation 7400 (66
    F.R. 7373), the President designated the Kingdom of Swaziland as a
    beneficiary sub-Saharan African country pursuant to sec. 506A(a) of the
    Trade Act of 1974, and as a lesser developed beneficiary sub-Saharan
    African country for purposes of sec. 112(b)(3)(b) of the AGOA.
    ---------------------------------------------------------------------------
              United Republic of Tanzania (Tanzania).\9\,
            \10\
              Republic of Togo (Togo).
              Republic of Uganda (Uganda).\9\, \10\
              Republic of Zambia (Zambia).\9\, \10\
              Republic of Zimbabwe (Zimbabwe).

                           Subtitle B--Trade Benefits

    SEC. 111.\16\ ELIGIBILITY FOR CERTAIN BENEFITS * * *
    ---------------------------------------------------------------------------

        \16\ Sec. 111 amends the Trade Act of 1974 by inserting a new sec.
    506A (19 U.S.C. 2466a).
    ---------------------------------------------------------------------------

    SEC. 112.\17\ TREATMENT OF CERTAIN TEXTILES AND APPAREL.
    ---------------------------------------------------------------------------

        \17\ 19 U.S.C. 3721.
    ---------------------------------------------------------------------------
      (a) Preferential Treatment.--Textile and apparel articles
    described in subsection (b) that are imported directly into the
    customs territory of the United States from a beneficiary sub-
    Saharan African country described in section 506A(c) of the
    Trade Act of 1974, shall enter the United States free of duty
    and free of any quantitative limitations in accordance with the
    provisions set forth in subsection (b), if the country has
    satisfied the requirements set forth in section 113.
      (b) Products Covered.--The preferential treatment described
    in subsection (a) shall apply only to the following textile and
    apparel products:
              (1) \18\ Apparel articles assembled in one or more
            beneficiary sub-saharan african countries.--Apparel
            articles sewn or otherwise assembled in one or more
            beneficiary sub-Saharan African countries from fabrics
            wholly formed and cut, or from components knit-to-
            shape, in the United States from yarns wholly formed in
            the United States, or both \19\ (including fabrics not
            formed from yarns, if such fabrics are classifiable
            under heading 5602 or 5603 of the Harmonized Tariff
            Schedule of the United States and are wholly formed and
            cut in the United States) that are--
    ---------------------------------------------------------------------------
        \18\ Sec. 3108(a)(1) of the Trade Act of 2002 (Public Law 107-210;
    116 Stat. 1038) amended and restated para. (1). It previously read as
    follows:
        ``(1) Apparel articles assembled in beneficiary sub-saharan african
    countries.--Apparel articles assembled in one or more beneficiary sub-
    Saharan African countries from fabrics wholly formed and cut in the
    United States, from yarns wholly formed in the United States,
    (including fabrics not formed from yarns, if such fabrics are
    classifiable under heading 5602 or 5603 of the Harmonized Tariff
    Schedule of the United States and are wholly formed and cut in the
    United States) that are--''.
        \19\ Sec. 7(b)(1) of the AGOA Acceleration Act of 2004 (Public Law
    108-274; 118 Stat. 824) inserted ``or both''.
    ---------------------------------------------------------------------------
                      (A) entered under subheading 9802.00.80 of
                    the Harmonized Tariff Schedule of the United
                    States; or
                      (B) entered under chapter 61 or 62 of the
                    Harmonized Tariff Schedule of the United
                    States, if, after such assembly, the articles
                    would have qualified for entry under subheading
                    9802.00.80 of the Harmonized Tariff Schedule of
                    the United States but for the fact that the
                    articles were embroidered or subjected to
                    stone-washing, enzyme-washing, acid washing,
                    perma-pressing, oven-baking, bleaching,
                    garment-dyeing, screen printing, or other
                    similar processes.
              (2) \20\ Other apparel articles assembled in one or
            more beneficiary sub-saharan african countries.--
            Apparel articles sewn or otherwise assembled in one or
            more beneficiary sub-Saharan African countries with
            thread formed in the United States from fabrics wholly
            formed in the United States and cut in one or more
            beneficiary Sub-Saharan African countries from yarns
            wholly formed in the United States, or from components
            knit-to-shape in the United States from yarns wholly
            formed in the United States, or both (including fabrics
            not formed from yarns, if such fabrics are classifiable
            under heading 5602 or 5603 of the Harmonized Tariff
            Schedule of the United States and are wholly formed in
            the United States).
    ---------------------------------------------------------------------------
        \20\ Sec. 3108(a)(2) of the Trade Act of 2002 (Public Law 107-210;
    116 Stat. 1038) amended and restated para. (2). It previously read as
    follows:
        ``(2) Apparel articles cut and assembled in beneficiary sub-saharan
    african countries.--Apparel articles cut in one or more beneficiary
    sub-Saharan African countries from fabric wholly formed in the United
    States from yarns wholly formed in the United States, (including
    fabrics not formed from yarns, if such fabrics are classifiable under
    heading 5602 or 5603 of the Harmonized Tariff Schedule of the United
    States and are wholly formed in the United States) if such articles are
    assembled in one or more beneficiary sub-Saharan African countries with
    thread formed in the United States.''.
    ---------------------------------------------------------------------------
              (3) \21\ Apparel articles from regional fabric or
            yarns.--Apparel articles wholly assembled in one or
            more beneficiary sub-Saharan African countries from
            fabric wholly formed in one or more beneficiary sub-
            Saharan African countries from yarns originating in the
            United States or one or more beneficiary sub-Saharan
            African countries or former beneficiary sub-Saharan
            African countries, or both\22\ (including fabrics not
            formed from yarns, if such fabrics are classified under
            heading 5602 or 5603 of the Harmonized Tariff Schedule
            of the United States and are wholly formed in one or
            more beneficiary sub-Saharan African countries), or
            from components knit-to-shape in one or more
            beneficiary sub-Saharan African countries from yarns
            originating either in the United States or one or more
            beneficiary sub-Saharan African countries, or apparel
            articles wholly formed on seamless knitting machines in
            a beneficiary sub-Saharan African country from yarns
            originating in the United States or one or more
            beneficiary sub-Saharan African countries or former
            beneficiary sub-Saharan African countries, or both,\22\
            whether or not the apparel articles are also made from
            any of the fabrics, fabric components formed, or
            components knit-to-shape described in paragraph (1) or
            (2) (unless the apparel articles are made exclusively
            from any of the fabrics, fabric components formed, or
            components knit-to-shape described in paragraph (1) or
            (2)),\23\ subject to the following:
    ---------------------------------------------------------------------------
        \21\ Sec. 3108(a)(3)(A) of the Trade Act of 2002 (Public Law 107-
    210; 116 Stat. 1038) amended and restated the text preceding subpara.
    (A) in para. (3). It previously read as follows:
        ``(3) Apparel articles assembled from regional and other fabric.--
    Apparel articles wholly assembled in one or more beneficiary sub-
    Saharan African countries from fabric wholly formed in one or more
    beneficiary sub-Saharan African countries from yarn originating either
    in the United States or one or more beneficiary sub-Saharan African
    countries (including fabrics not formed from yarns, if such fabrics are
    classifiable under heading 5602 or 5603 of the Harmonized Tariff
    Schedule of the United States and are wholly formed and cut in one or
    more beneficiary sub-Saharan African countries), subject to the
    following:''.
        \22\ Sec. 7(b)(2)(A)(i) of the AGOA Acceleration Act of 2004
    (Public Law 108-274; 118 Stat. 824) struck out ``either in the United
    States or one or more beneficiary sub-Saharan African countries'' and
    inserted in lieu thereof ``in the United States or one or more
    beneficiary sub-Saharan African countries or former beneficiary sub-
    Saharan African countries, or both''.
        \23\ Sec. 7(b)(2)(A)(ii) of the AGOA Acceleration Act of 2004
    (Public Law 108-274; 118 Stat. 824) inserted ``whether or not the
    apparel articles are also made from any of the fabrics, fabric
    components formed, or components knit-to-shape described in paragraph
    (1) or (2) (unless the apparel articles are made exclusively from any
    of the fabrics, fabric components formed, or components knit-to-shape
    described in paragraph (1) or (2)),''.
    ---------------------------------------------------------------------------
                      (A) \24\ Limitations on benefits.--
    ---------------------------------------------------------------------------
        \24\ Sec. 7(b)(2)(B) of the AGOA Acceleration Act of 2004 (Public
    Law 108-274; 118 Stat. 824) amended and restated subparas. (A) and (B).
    Previously, sec. 3108(a)(3)(B) of the Trade Act of 2002 (Public Law
    107-210; 116 Stat. 1039) amended and restated para. (B).
    ---------------------------------------------------------------------------
                              (i) In general.--Preferential
                            treatment under this paragraph shall be
                            extended in the 1-year period beginning
                            October 1, 2003, and in each of the 11
                            succeeding 1-year periods, to imports
                            of apparel articles in an amount not to
                            exceed the applicable percentage of the
                            aggregate square meter equivalents of
                            all apparel articles imported into the
                            United States in the preceding 12-month
                            period for which data are available.
                              (ii) Applicable percentage.--For
                            purposes of this subparagraph, the term
                            ``applicable percentage'' means--
                                      (I) 4.747 percent for the 1-
                                    year period beginning October
                                    1, 2003, increased in each of
                                    the 5 succeeding 1-year periods
                                    by equal increments, so that
                                    for the 1-year period beginning
                                    October 1, 2007, the applicable
                                    percentage does not exceed 7
                                    percent; and
                                      (II) for each succeeding 1-
                                    year period until September 30,
                                    2015, not to exceed 7 percent.
                      (B) \24\ Special rule for lesser developed
                    countries.--
                              (i) In general.--Preferential
                            treatment under this paragraph shall be
                            extended though September 30, 2007, for
                            apparel articles wholly assembled, or
                            knit-to-shape and wholly assembled, or
                            both, in one or more lesser developed
                            beneficiary sub-Saharan African
                            countries, regardless of the country of
                            origin of the fabric or the yarn used
                            to make such articles, in an amount not
                            to exceed the applicable percentage of
                            the aggregate square meter equivalents
                            of all apparel articles imported into
                            the United States the preceding 12-
                            month period for which data are
                            available.
                              (ii) Applicable percentage.--For
                            purposes of the subparagraph, the term
                            ``applicable percentage'' means--
                                      (I) 2.3571 percent for the 1-
                                    year period beginning October
                                    1, 2003;
                                      (II) 2.6428 percent for the
                                    1-year period beginning October
                                    1, 2004;
                                      (III) 2.9285 percent for the
                                    1-year period beginning October
                                    1, 2005; and
                                      (IV) 1.6071 percent for the
                                    1-year period beginning October
                                    1, 2006.
                              (iii) Lesser developed beneficiary
                            sub-saharan african country.--For
                            purposes of this subparagraph, the term
                            ``lesser developed beneficiary sub-
                            Saharan African country'' means--
                                      (I) a beneficiary sub-Saharan
                                    African country that had a per
                                    capita gross national product
                                    of less than $1,500 in 1998, as
                                    measured by the International
                                    Bank for Reconstruction and
                                    Development;
                                      (II) Botswana; and
                                      (III) Namibia.
                              (iv) \25\ Separate limitation for
                            mauritius.--For the 1-year period
                            beginning October 1, 2004--
                                      (I) the term ``lesser
                                    developed beneficiary sub-
                                    Saharan African country''
                                    includes Mauritius; and
    ---------------------------------------------------------------------------
        \25\ Sec. 2004(k)(1) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2595) added
    clause (iv). Sec. 2004(k)(2) of such Act further stated that:
        ``(2) Retroactive application.--Notwithstanding section 514 of the
    Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon
    proper request filed with the Bureau of Customs and Border Protection
    before the 90th day after the date of the enactment of this Act, any
    entry, or withdrawal from warehouse for consumption, of any good--
    ---------------------------------------------------------------------------

      ``(A) that was made on or after October 1, 2004, and before the date of
    the enactment of this Act, and

      ``(B) with respect to which there would have been no duty if the
    amendment made by this subsection applied to such entry or withdrawal,

    ``shall be liquidated or reliquidated as if such amendment applied to such
    entry or withdrawal.''.

                                      (II) the applicable
                                    percentage with respect to
                                    Mauritius shall be 5 percent of
                                    the applicable percentage
                                    described in clause (ii)(II).
                      (C) Surge mechanism.--
                              (i) Import monitoring.--The Secretary
                            of Commerce shall monitor imports of
                            articles described in this paragraph on
                            a monthly basis to determine if there
                            has been a surge in imports of such
                            articles. In order to permit public
                            access to preliminary international
                            trade data and to facilitate the early
                            identification of potentially
                            disruptive import surges, the Director
                            of the Office of Management and Budget
                            may grant an exception to the
                            publication dates established for the
                            release of data on United States
                            international trade in covered
                            articles, if the Director notifies
                            Congress of the early release of the
                            data.
                              (ii) Determination of damage or
                            threat thereof.--Whenever the Secretary
                            of Commerce determines, based on the
                            data described in clause (i), or
                            pursuant to a written request made by
                            an interested party, that there has
                            been a surge in imports of an article
                            described in this paragraph from a
                            beneficiary sub-Saharan African
                            country, the Secretary shall determine
                            whether such article from such country
                            is being imported in such increased
                            quantities as to cause serious damage,
                            or threat thereof, to the domestic
                            industry producing a like or directly
                            competitive article. If the Secretary's
                            determination is affirmative, the
                            President shall suspend the duty-free
                            treatment provided for such article
                            under this paragraph. If the inquiry is
                            initiated at the request of an
                            interested party, the Secretary shall
                            make the determination within 60 days
                            after the date of the request.
                              (iii) Factors to consider.--In
                            determining whether a domestic industry
                            has been seriously damaged, or is
                            threatened with serious damage, the
                            Secretary shall examine the effect of
                            the imports on relevant economic
                            indicators such as domestic production,
                            sales, market share, capacity
                            utilization, inventories, employment,
                            profits, exports, prices, and
                            investment.
                              (iv) Procedure.--
                                      (I) Initiation.--The
                                    Secretary of Commerce shall
                                    initiate an inquiry within 10
                                    days after receiving a written
                                    request and supporting
                                    information for an inquiry from
                                    an interested party. Notice of
                                    initiation of an inquiry shall
                                    be published in the Federal
                                    Register.
                                      (II) Participation by
                                    interested parties.--The
                                    Secretary of Commerce shall
                                    establish procedures to ensure
                                    participation in the inquiry by
                                    interested parties.
                                      (III) Notice of
                                    determination.--The Secretary
                                    shall publish the determination
                                    described in clause (ii) in the
                                    Federal Register.
                                      (IV) Information available.--
                                    If relevant information is not
                                    available on the record or any
                                    party withholds information
                                    that has been requested by the
                                    Secretary, the Secretary shall
                                    make the determination on the
                                    basis of the facts available.
                                    When the Secretary relies on
                                    information submitted in the
                                    inquiry as facts available, the
                                    Secretary shall, to the extent
                                    practicable, corroborate the
                                    information from independent
                                    sources that are reasonably
                                    available to the Secretary.
                              (v) Interested party.--For purposes
                            of this subparagraph, the term
                            ``interested party'' means any producer
                            of a like or directly competitive
                            article, a certified union or
                            recognized union or group of workers
                            which is representative of an industry
                            engaged in the manufacture, production,
                            or sale in the United States of a like
                            or directly competitive article, a
                            trade or business association
                            representing producers or sellers of
                            like or directly competitive articles,
                            producers engaged in the production of
                            essential inputs for like or directly
                            competitive articles, a certified union
                            or group of workers which is
                            representative of an industry engaged
                            in the manufacture, production, or sale
                            of essential inputs for the like or
                            directly competitive article, or a
                            trade or business association
                            representing companies engaged in the
                            manufacture, production, or sale of
                            such essential inputs.
              (4) Sweaters knit-to-shape from cashmere or merino
            wool.--
                      (A) Cashmere.--Sweaters, in chief weight of
                    cashmere, knit-to-shape in one or more
                    beneficiary sub-Saharan African countries and
                    classifiable under subheading 6110.10 of the
                    Harmonized Tariff Schedule of the United
                    States.
                      (B) Merino wool.--Sweaters, 50 percent or
                    more by weight of wool measuring 21.5 \26\
                    microns in diameter or finer, knit-to-shape in
                    one or more beneficiary sub-Saharan African
                    countries.
    ---------------------------------------------------------------------------
        \26\ Sec. 3108(c) of the Trade Act of 2002 (Public Law 107-210; 116
    Stat. 1038) struck out ``18.5'' and inserted in lieu thereof ``21.5''.
    ---------------------------------------------------------------------------
              (5) Apparel articles wholly assembled from fabric or
            yarn not available in commercial quantities in the
            united states.--
                      (A) \27\ In general.--Apparel articles that
                    are both cut (or knit-to-shape) and sewn or
                    otherwise assembled in one or more beneficiary
                    sub-Saharan African countries, to the extent
                    that apparel articles of such fabrics or yarns
                    would be eligible for preferential treatment,
                    without regard to the source of the fabrics or
                    yarns, under Annex 401 to the NAFTA.
    ---------------------------------------------------------------------------
        \27\ Sec. 7(b)(3) of the AGOA Acceleration Act of 2004 (Public Law
    108-274; 118 Stat. 825) amended and restated para. (A). It previously
    read as follows:
        ``(A) In general.--Apparel articles that are both cut (or knit-to-
    shape) and sewn or otherwise assembled in one or more beneficiary sub-
    Saharan African countries, from fabric or yarn that is not formed in
    the United States or a beneficiary sub-Saharan African country, to the
    extent that apparel articles of such fabrics or yarns would be eligible
    for preferential treatment, without regard to the source of the fabric
    or yarn, under Annex 401 to the NAFTA.''.
    ---------------------------------------------------------------------------
                      (B) Additional apparel articles.--At the
                    request of any interested party and subject to
                    the following requirements, the President is
                    authorized to proclaim the treatment provided
                    under subparagraph (A) for yarns or fabrics not
                    described in subparagraph (A) if--
                              (i) the President determines that
                            such yarns or fabrics cannot be
                            supplied by the domestic industry in
                            commercial quantities in a timely
                            manner;
                              (ii) the President has obtained
                            advice regarding the proposed action
                            from the appropriate advisory committee
                            established under section 135 of the
                            Trade Act of 1974 (19 U.S.C. 2155) and
                            the United States International Trade
                            Commission;
                              (iii) within 60 calendar days after
                            the request, the President has
                            submitted a report to the Committee on
                            Ways and Means of the House of
                            Representatives and the Committee on
                            Finance of the Senate that sets forth--
                                      (I) the action proposed to be
                                    proclaimed and the reasons for
                                    such action; and
                                      (II) the advice obtained
                                    under clause (ii);
                              (iv) a period of 60 calendar days,
                            beginning with the first day on which
                            the President has met the requirements
                            of subclauses (I) and (II) of clause
                            (iii), has expired; and
                              (v) the President has consulted with
                            such committees regarding the proposed
                            action during the period referred to in
                            clause (iii).
              (6) \28\ Handloomed, handmade, folklore articles and
            ethnic printed fabrics.--
    ---------------------------------------------------------------------------
        \28\ Sec. 7(c) of the AGOA Acceleration Act of 2004 (Public Law
    108-274; 118 Stat. 825) amended and restated para. (6). It previously
    read as follows:
        ``(6) Handloomed, handmade, and folklore articles.--A handloomed,
    handmade, or folklore article of a beneficiary sub-Saharan African
    country or countries that is certified as such by the competent
    authority of such beneficiary country or countries. For purposes of
    this paragraph, the President, after consultation with the beneficiary
    sub-Saharan African country or countries concerned, shall determine
    which, if any, particular textile and apparel goods of the country (or
    countries) shall be treated as being handloomed, handmade, or folklore
    articles.''.
    ---------------------------------------------------------------------------
                      (A) In general.--A handloomed, handmade,
                    folklore article or an ethnic printed fabric of
                    a beneficiary sub-Saharan African country or
                    countries that is certified as such by the
                    competent authority of such beneficiary country
                    or countries. For purposes of this section, the
                    President, after consultation with the
                    beneficiary sub-Saharan African country or
                    countries concerned, shall determine which, if
                    any, particular textile and apparel goods of
                    the country (or countries) shall be treated as
                    being handloomed, handmade, or folklore
                    articles or an ethic \29\ printed fabric.
    ---------------------------------------------------------------------------
        \29\ Should probably read as ``ethnic''.
    ---------------------------------------------------------------------------
                      (B) Requirements for ethnic printed fabric.--
                    Ethnic printed fabrics qualified under this
                    paragraph are--
                              (i) fabrics containing a selvedge on
                            both edges, having a width of less than
                            50 inches, classifiable under
                            subheading 5208.52.30 or 5208.52.40 of
                            the Harmonized Tariff Schedule of the
                            United States;
                              (ii) of the type that contains
                            designs, symbols, and other
                            characteristics of African prints--
                                      (I) normally produced for and
                                    sold on the indigenous African
                                    market; and
                                      (II) normally sold in Africa
                                    by the piece as opposed to
                                    being tailored into garments
                                    before being sold in indigenous
                                    African markets;
                              (iii) printed, including waxed, in
                            one or more eligible beneficiary sub-
                            Saharan countries; and
                              (iv) fabrics formed in the United
                            States, from yarns formed in the United
                            States, or from fabric formed in one or
                            more beneficiary sub-Saharan African
                            country from yarn originating in either
                            the United States or one or more
                            beneficiary sub-Saharan African
                            countries.
              (7) \30\ Apparel articles assembled in one or more
            beneficiary sub-saharan african countries from united
            states and beneficiary sub-saharan african country
            components.--Apparel articles sewn or otherwise
            assembled in one or more beneficiary sub-Saharan
            African countries with thread formed in the United
            States from components cut in the United States and one
            or more beneficiary sub-Saharan African countries or
            former beneficiary sub-Saharan African countries \31\
            from fabric wholly formed in the United States from
            yarns wholly formed in the United States, or from
            components knit-to-shape in the United States and one
            or more beneficiary sub-Saharan African countries or
            former beneficiary sub-Saharan African countries \31\
            from yarns wholly formed in the United States, or both
            (including fabrics not formed from yarns, if such
            fabrics are classifiable under heading 5602 or 5603 of
            the Harmonized Tariff Schedule of the United States).
    ---------------------------------------------------------------------------
        \30\ Sec. 3108(a)(5) of the Trade Act of 2002 (Public Law 107-210;
    116 Stat. 1039) added para. (7).
        \31\ Sec. 7(d) of the AGOA Acceleration Act of 2004 (Public Law
    108-274; 118 Stat. 826) inserted ``or former beneficiary sub-Saharan
    African countries''.
    ---------------------------------------------------------------------------
      (c) Treatment of Quotas on Textile and Apparel Imports from
    Kenya and Mauritius.--The President shall eliminate the
    existing quotas on textile and apparel articles imported into
    the United States--
              (1) from Kenya within 30 days after that country
            adopts an effective visa system to prevent unlawful
            transshipment of textile and apparel articles and the
            use of counterfeit documents relating to the
            importation of the articles into the United States; and
              (2) from Mauritius within 30 days after that country
            adopts such a visa system.
    The Customs Service shall provide the necessary technical
    assistance to Kenya and Mauritius in the development and
    implementation of the visa systems.
      (d) Special Rules.--
              (1) Findings and trimmings.--
                      (A) General rule.--An article otherwise
                    eligible for preferential treatment under this
                    section shall not be ineligible for such
                    treatment because the article contains findings
                    or trimmings of foreign origin, if the value of
                    such findings and trimmings do not exceed 25
                    percent of the cost of the components of the
                    assembled article. Examples of findings and
                    trimmings are sewing thread, hooks and eyes,
                    snaps, buttons, ``bow buds'', decorative lace
                    trim, elastic strips, and zippers, including
                    zipper tapes and labels. Elastic strips are
                    considered findings or trimmings only if they
                    are each less than 1 inch in width and used in
                    the production of brassieres.
                      (B) Certain interlinings.--
                              (i) General rule.--An article
                            otherwise eligible for preferential
                            treatment under this section shall not
                            be ineligible for such treatment
                            because the article contains certain
                            interlinings of foreign origin, if the
                            value of such interlinings (and any
                            findings and trimmings) does not exceed
                            25 percent of the cost of the
                            components of the assembled article.
                              (ii) Interlinings described.--
                            Interlinings eligible for the treatment
                            described in clause (i) include only a
                            chest type plate, a ``hymo'' piece, or
                            ``sleeve header'', of woven or weft-
                            inserted warp knit construction and of
                            coarse animal hair or man-made
                            filaments.
                              (iii) Termination of treatment.--The
                            treatment described in this
                            subparagraph shall terminate if the
                            President makes a determination that
                            United States manufacturers are
                            producing such interlinings in the
                            United States in commercial quantities.
                      (C) Exception.--In the case of an article
                    described in subsection (b)(2), sewing thread
                    shall not be treated as findings or trimmings
                    under subparagraph (A).
              (2) De minimis rule.--An article otherwise eligible
            for preferential treatment under this section shall not
            be ineligible for such treatment because the article
            contains fibers or yarns not wholly formed in the
            United States or one or more beneficiary sub-Saharan
            African countries or former beneficiary sub-Saharan
            African countries \32\ if the total weight of all such
            fibers and yarns is not more than 10 percent \32\ of
            the total weight of the article.
    ---------------------------------------------------------------------------
        \32\ Sec. 7(e)(2) of the AGOA Acceleration Act of 2004 (Public Law
    108-274; 118 Stat. 826) inserted ``or former beneficiary sub-Saharan
    African countries'', and struck out ``7 percent'' and inserted in lieu
    thereof ``10 percent''.
    ---------------------------------------------------------------------------
              (3) \33\ Certain components.--An article otherwise
            eligible for preferential treatment under this section
            will not be ineligible for such treatment because the
            article contains--
    ---------------------------------------------------------------------------
        \33\ Sec. 7(e)(1) of the AGOA Acceleration Act of 2004 (Public Law
    108-274; 118 Stat. 826) added para. (3).
    ---------------------------------------------------------------------------
                      (A) any collars or cuffs (cut or knit-to-
                    shape),
                      (B) drawstrings,
                      (C) shoulder pads or other padding,
                      (D) waistbands,
                      (E) belt attached to the article,
                      (F) straps containing elastic, or
                      (G) elbow patches,
            that do not meet the requirements set forth in
            subsection (b), regardless of the country of origin of
            the item referred to in the applicable subparagraph of
            this paragraph.
      (e) Definitions.--In this section and section 113:
              (1) Agreement on textiles and clothing.--The term
            ``Agreement on Textiles and Clothing'' means the
            Agreement on Textiles and Clothing referred to in
            section 101(d)(4) of the Uruguay Round Agreements Act
            (19 U.S.C. 3511(d)(4)).
              (2) Beneficiary sub-saharan african country, etc.--
            The terms ``beneficiary sub-Saharan African country''
            and ``beneficiary sub-Saharan African countries'' have
            the same meaning as such terms have under section
            506A(c) of the Trade Act of 1974.
              (3) NAFTA.--The term ``NAFTA'' means the North
            American Free Trade Agreement entered into between the
            United States, Mexico, and Canada on December 17, 1992.
              (4) \34\ Former sub-saharan african country.--The
            term ``former \35\ sub-Saharan African country'' means
            a country that, after being designated as a beneficiary
            sub-Saharan African country under this Act, ceased to
            be designated as such a beneficiary sub-Saharan country
            by reason of its entering into a free trade agreement
            with the United States.
    ---------------------------------------------------------------------------
        \34\ Sec. 7(f) of the AGOA Acceleration Act of 2004 (Public Law
    108-274; 118 Stat. 826) added para. (4).
        \35\ The word ``beneficiary'' probably should have appeared at this
    point.
    ---------------------------------------------------------------------------
      (f) Effective Date.--This section takes effect on October 1,
    2000, and shall remain in effect through September 30, 2008.

    SEC. 113.\36\ PROTECTIONS AGAINST TRANSSHIPMENT.
    ---------------------------------------------------------------------------

        \36\ 19 U.S.C. 3722.
    ---------------------------------------------------------------------------
      (a) Preferential Treatment Conditioned on Enforcement
    Measures.--
              (1) In general.--The preferential treatment under
            section 112(a) shall not be provided to textile and
            apparel articles that are imported from a beneficiary
            sub-Saharan African country unless that country--
                      (A) has adopted an effective visa system,
                    domestic laws, and enforcement procedures
                    applicable to covered articles to prevent
                    unlawful transshipment of the articles and the
                    use of counterfeit documents relating to the
                    importation of the articles into the United
                    States;
                      (B) has enacted legislation or promulgated
                    regulations that would permit United States
                    Customs Service verification teams to have the
                    access necessary to investigate thoroughly
                    allegations of transshipment through such
                    country;
                      (C) agrees to report, on a timely basis, at
                    the request of the United States Customs
                    Service, on the total exports from and imports
                    into that country of covered articles,
                    consistent with the manner in which the records
                    are kept by that country;
                      (D) will cooperate fully with the United
                    States to address and take action necessary to
                    prevent circumvention as provided in Article 5
                    of the Agreement on Textiles and Clothing;
                      (E) agrees to require all producers and
                    exporters of covered articles in that country
                    to maintain complete records of the production
                    and the export of covered articles, including
                    materials used in the production, for at least
                    2 years after the production or export (as the
                    case may be); and
                      (F) agrees to report, on a timely basis, at
                    the request of the United States Customs
                    Service, documentation establishing the country
                    of origin of covered articles as used by that
                    country in implementing an effective visa
                    system.
              (2) Country of origin documentation.--For purposes of
            paragraph (1)(F), documentation regarding the country
            of origin of the covered articles includes
            documentation such as production records, information
            relating to the place of production, the number and
            identification of the types of machinery used in
            production, the number of workers employed in
            production, and certification from both the
            manufacturer and the exporter.
      (b) Customs Procedures and Enforcement.--
              (1) In general.--
                      (A) Regulations.--Any importer that claims
                    preferential treatment under section 112 shall
                    comply with customs procedures similar in all
                    material respects to the requirements of
                    Article 502(1) of the NAFTA as implemented
                    pursuant to United States law, in accordance
                    with regulations promulgated by the Secretary
                    of the Treasury.
                      (B) Determination.--
                              (i) In general.--In order to qualify
                            for the preferential treatment under
                            section 112 and for a Certificate of
                            Origin to be valid with respect to any
                            article for which such treatment is
                            claimed, there shall be in effect a
                            determination by the President that
                            each country described in clause (ii)--
                                      (I) has implemented and
                                    follows; or
                                      (II) is making substantial
                                    progress toward implementing
                                    and following,
                            procedures and requirements similar in
                            all material respects to the relevant
                            procedures and requirements under
                            chapter 5 of the NAFTA.
                              (ii) Country described.--A country is
                            described in this clause if it is a
                            beneficiary sub-Saharan African
                            country--
                                      (I) from which the article is
                                    exported; or
                                      (II) in which materials used
                                    in the production of the
                                    article originate or in which
                                    the article or such materials,
                                    undergo production that
                                    contributes to a claim that the
                                    article is eligible for
                                    preferential treatment.
              (2) Certificate of origin.--The Certificate of Origin
            that otherwise would be required pursuant to the
            provisions of paragraph (1) shall not be required in
            the case of an article imported under section 112 if
            such Certificate of Origin would not be required under
            Article 503 of the NAFTA (as implemented pursuant to
            United States law), if the article were imported from
            Mexico.
              (3) Penalties for exporters.--If the President
            determines, based on sufficient evidence, that an
            exporter has engaged in transshipment as defined in
            paragraph (4), then the President shall deny for a
            period of 5 years all benefits under section 112 to
            such exporter, any successor of such exporter, and any
            other entity owned or operated by the principal of the
            exporter.
              (4) Transshipment described.--Transshipment within
            the meaning of this subsection has occurred when
            preferential treatment for a textile or apparel article
            under this Act has been claimed on the basis of
            material false information concerning the country of
            origin, manufacture, processing, or assembly of the
            article or any of its components. For purposes of this
            paragraph, false information is material if disclosure
            of the true information would mean or would have meant
            that the article is or was ineligible for preferential
            treatment under section 112.
              (5) Monitoring and reports to congress.--The Customs
            Service shall monitor and the Commissioner of Customs
            shall submit to Congress, not later than March 31 of
            each year, a report on the effectiveness of the visa
            systems and the implementation of legislation and
            regulations described in subsection (a) and on measures
            taken by countries in sub-Saharan Africa which export
            textiles or apparel to the United States to prevent
            circumvention as described in Article 5 of the
            Agreement on Textiles and Clothing.
      (c) Customs Service Enforcement.--The Customs Service shall--
              (1) make available technical assistance to the
            beneficiary sub-Saharan African countries--
                      (A) in the development and implementation of
                    visa systems, legislation, and regulations
                    described in subsection (a)(1)(A); and
                      (B) to train their officials in anti-
                    transshipment enforcement;
              (2) send production verification teams to at least
            four beneficiary sub-Saharan African countries each
            year; and
              (3) to the extent feasible, place beneficiary sub-
            Saharan African countries on the Electronic Visa
            (ELVIS) program.
      (d) Authorization of Appropriations.--There is authorized to
    be appropriated to carry out subsection (c) the sum of
    $5,894,913.

    SEC. 114.\37\ TERMINATION. * * *
    ---------------------------------------------------------------------------

        \37\ Sec. 114 adds a new sec. 506B to the Trade Act of 1974.
    ---------------------------------------------------------------------------

    SEC. 115.\38\ CLERICAL AMENDMENTS. * * *
    ---------------------------------------------------------------------------

        \38\ Sec. 115 provides for additions to the table of contents of
    the Trade Act of 1974.
    ---------------------------------------------------------------------------

    SEC. 116.\39\  FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN
                        COUNTRIES.
    ---------------------------------------------------------------------------

        \39\ 19 U.S.C. 3723.
    ---------------------------------------------------------------------------
      (a) Declaration of Policy.--Congress declares that free trade
    agreements should be negotiated, where feasible, with
    interested countries in sub-Saharan Africa, in order to serve
    as the catalyst for increasing trade between the United States
    and sub-Saharan Africa and increasing private sector investment
    in sub-Saharan Africa.
      (b) Plan Requirement.--
              (1) In general.--The President, taking into account
            the provisions of the treaty establishing the African
            Economic Community and the willingness of the
            governments of sub-Saharan African countries to engage
            in negotiations to enter into free trade agreements,
            shall develop a plan for the purpose of negotiating and
            entering into one or more trade agreements with
            interested beneficiary sub-Saharan African countries.
              (2) Elements of plan.--The plan shall include the
            following:
                      (A) The specific objectives of the United
                    States with respect to negotiations described
                    in paragraph (1) and a suggested timetable for
                    achieving those objectives.
                      (B) The benefits to both the United States
                    and the relevant sub-Saharan African countries
                    with respect to the applicable free trade
                    agreement or agreements.
                      (C) A mutually agreed-upon timetable for the
                    negotiations.
                      (D) The implications for and the role of
                    regional and sub-regional organizations in sub-
                    Saharan Africa with respect to such free trade
                    agreement or agreements.
                      (E) Subject matter anticipated to be covered
                    by the negotiations and United States laws,
                    programs, and policies, as well as the laws of
                    participating eligible African countries and
                    existing bilateral and multilateral and
                    economic cooperation and trade agreements, that
                    may be affected by the agreement or agreements.
                      (F) Procedures to ensure the following:
                              (i) Adequate consultation with the
                            Congress and the private sector during
                            the negotiations.
                              (ii) Consultation with the Congress
                            regarding all matters relating to
                            implementation of the agreement or
                            agreements.
                              (iii) Approval by the Congress of the
                            agreement or agreements.
                              (iv) Adequate consultations with the
                            relevant African governments and
                            African regional and subregional
                            intergovernmental organizations during
                            the negotiation of the agreement or
                            agreements.
      (c) Reporting Requirement.--Not later than 12 months after
    the date of the enactment of this Act, the President shall
    prepare and transmit to the Congress a report containing the
    plan developed pursuant to subsection (b).

    SEC. 117.\40\ ASSISTANT UNITED STATES TRADE REPRESENTATIVE FOR AFRICAN
                        AFFAIRS.
    ---------------------------------------------------------------------------

        \40\ 19 U.S.C. 3724.
    ---------------------------------------------------------------------------
      It is the sense of the Congress that--
              (1) the position of Assistant United States Trade
            Representative for African Affairs is integral to the
            United States commitment to increasing United States-
            sub-Saharan African trade and investment;
              (2) the position of Assistant United States Trade
            Representative for African Affairs should be maintained
            within the Office of the United States Trade
            Representative to direct and coordinate interagency
            activities on United States-Africa trade policy and
            investment matters and serve as--
                      (A) a primary point of contact in the
                    executive branch for those persons engaged in
                    trade between the United States and sub-Saharan
                    Africa; and
                      (B) the chief advisor to the United States
                    Trade Representative on issues of trade and
                    investment with Africa; and
              (3) the United States Trade Representative should
            have adequate funding and staff to carry out the duties
            of the Assistant United States Trade Representative for
            African Affairs described in paragraph (2), subject to
            the availability of appropriations.

                Subtitle C--Economic Development Related Issues

    tigua and Barbuda \8\
              Note.--Secs. 121 through 131 of the Act are found in
            Legislation on Foreign Relations Through 2005, vol. I-
            B.

              * * * * * * *
                       (2) AGOA Acceleration Act of 2004

    Partial text of Public Law 108-274 [H.R. 4103], 118 Stat. 820, approved
     July 13, 2004; as amended by Public Law 108-429 [Miscellaneous Trade
      and Technical Corrections Act of 2004; H.R. 1047], 118 Stat. 2434,
                           approved December 3, 2004

    AN ACT To extend and modify the trade benefits under the African Growth
                              and Opportunity Act.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``AGOA Acceleration Act of
    2004''.
    ---------------------------------------------------------------------------
        \1\ 19 USC 3701 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS.

        The Congress finds the following:
              (1) The African Growth and Opportunity Act (in this
            section and section 3 referred to as ``the Act'') has
            helped to spur economic growth and bolster economic
            reforms in the countries of sub-Saharan Africa and has
            fostered stronger economic ties between the countries
            of sub-Saharan Africa and the United States; as a
            result, exports from the United States to sub-Saharan
            Africa reached record levels after the enactment of the
            Act, while exports from sub-Saharan Africa to the
            United States have increased considerably.
              (2) The Act's eligibility requirements have
            reinforced democratic values and the rule of law, and
            have strengthened adherence to internationally
            recognized worker rights in eligible sub-Saharan
            African countries.
              (3) The Act has helped to bring about substantial
            increases in foreign investment in sub-Saharan Africa,
            especially in the textile and apparel sectors, where
            tens of thousands of new jobs have been created.
              (4) As a result of the Agreement on Textiles and
            Apparel of the World Trade Organization, under which
            quotas maintained by WTO member countries on textile
            and apparel products end on January 1, 2005, sub-
            Saharan Africa's textile and apparel industry will be
            severely challenged by countries whose industries are
            more developed and have greater capacity, economies of
            scale, and better infrastructure.
              (5) The underdeveloped physical and financial
            infrastructure in sub-Saharan Africa continues to
            discourage investment in the region.
              (6) Regional integration establishes a foundation on
            which sub-Saharan African countries can coordinate and
            pursue policies grounded in African interests and
            history to achieve sustainable development.
              (7) Expanded trade because of the Act has improved
            fundamental economic conditions within sub-Saharan
            Africa. The Act has helped to create jobs in the
            poorest region of the world, and most sub-Saharan
            African countries have sought to take advantage of the
            opportunities provided by the Act.
              (8) Agricultural biotechnology holds promise for
            helping solve global food security and human health
            crises in Africa and, according to recent studies, has
            made contributions to the protection of the environment
            by reducing the application of pesticides, reducing
            soil erosion, and creating an environment more
            hospitable to wildlife.
              (9)(A) One of the greatest challenges facing African
            countries continues to be the HIV/AIDS epidemic, which
            has infected as many as one out of every four people in
            some countries, creating tremendous social, political,
            and economic costs. African countries need continued
            United States financial and technical assistance to
            combat this epidemic.
              (B) More awareness and involvement by governments are
            necessary. Countries like Uganda, recognizing the
            threat of HIV/AIDS, have boldly attacked it through a
            combination of education, public awareness, enhanced
            medical infrastructure and resources, and greater
            access to medical treatment. An effective HIV/AIDS
            prevention and treatment strategy involves all of these
            steps.
              (10) African countries continue to need trade
            capacity assistance to establish viable economic
            capacity, a well-grounded rule of law, and efficient
            government practices.

    SEC. 3.\1\ STATEMENT OF POLICY.

        The Congress supports--
              (1) a continued commitment to increase trade between
            the United States and sub-Saharan Africa and increase
            investment in sub-Saharan Africa to the benefit of
            workers, businesses, and farmers in the United States
            and in sub-Saharan Africa, including by developing
            innovative approaches to encourage development and
            investment in sub-Saharan Africa;
              (2) a reduction of tariff and nontariff barriers and
            other obstacles to trade between the countries of sub-
            Saharan Africa and the United States, with particular
            emphasis on reducing barriers to trade in emerging
            sectors of the economy that have the greatest potential
            for development;
              (3) development of sub-Saharan Africa's physical and
            financial infrastructure;
              (4) international efforts to fight HIV/AIDS, malaria,
            tuberculosis, other infectious diseases, and serious
            public health problems;
              (5) many of the aims of the New Partnership for
            African Development (NEPAD), which include--
                      (A) reducing poverty and increasing economic
                    growth;
                      (B) promoting peace, democracy, security, and
                    human rights;
                      (C) promoting African integration by
                    deepening linkages between African countries
                    and by accelerating Africa's economic and
                    political integration into the rest of the
                    world;
                      (D) attracting investment, debt relief, and
                    development assistance;
                      (E) promoting trade and economic
                    diversification;
                      (F) broadening global market access for
                    United States and African exports;
                      (G) improving transparency, good governance,
                    and political accountability;
                      (H) expanding access to social services,
                    education, and health services with a high
                    priority given to addressing HIV/AIDS, malaria,
                    tuberculosis, other infectious diseases, and
                    other public health problems;
                      (I) promoting the role of women in social and
                    economic development by reinforcing education
                    and training and by assuring their
                    participation in political and economic arenas;
                    and
                      (J) building the capacity of governments in
                    sub-Saharan Africa to set and enforce a legal
                    framework, as well as to enforce the rule of
                    law;
              (6) negotiation of reciprocal trade agreements
            between the United States and sub-Saharan African
            countries, with the overall goal of expanding trade
            across all of sub-Saharan Africa;
              (7) the President seeking to negotiate, with
            interested eligible sub-Saharan African countries,
            bilateral trade agreements that provide investment
            opportunities, in accordance with section 2102(b)(3) of
            the Trade Act of 2002 (19 U.S.C. 3802(b)(3));
              (8) efforts by the President to negotiate with the
            member countries of the Southern African Customs Union
            in order to provide the opportunity to deepen and make
            permanent the benefits of the Act while giving the
            United States access to the markets of these African
            countries for United States goods and services, by
            reducing tariffs and non-tariff barriers, strengthening
            intellectual property protection, improving
            transparency, establishing general dispute settlement
            mechanisms, and investor-state and state-to-state
            dispute settlement mechanisms in investment;
              (9) a comprehensive and ambitious trade agreement
            with the Southern African Customs Union, covering all
            products and sectors, in order to mature the economic
            relationship between sub-Saharan African countries and
            the United States and because such an agreement would
            deepen United States economic and political ties to the
            region, lend momentum to United States development
            efforts, encourage greater United States investment,
            and promote regional integration and economic growth;
              (10) regional integration among sub-Saharan African
            countries and business partnerships between United
            States and African firms; and
              (11) economic diversification in sub-Saharan African
            countries and expansion of trade beyond textiles and
            apparel.

    SEC. 4.\1\ SENSE OF CONGRESS ON RECIPROCITY AND REGIONAL ECONOMIC
                        INTEGRATION.

        It is the sense of the Congress that--
              (1) the preferential market access opportunities for
            eligible sub-Saharan African countries will be
            complemented and enhanced if those countries are
            implementing actively and fully, consistent with any
            remaining applicable phase-in periods, their
            obligations under the World Trade Organization,
            including obligations under the Agreement on Trade-
            Related Aspects of Intellectual Property, the Agreement
            on the Application of Sanitary and Phytosanitary
            Measures, and the Agreement on Trade-Related Investment
            Measures, as well as the other agreements described in
            section 101(d) of the Uruguay Round Agreements Act (19
            U.S.C. 3511(d));
              (2) eligible sub-Saharan African countries should
            participate in and support mutual trade liberalization
            in ongoing negotiations under the auspices of the World
            Trade Organization, including by making reciprocal
            commitments with respect to improving market access for
            industrial and agricultural goods, and for services,
            recognizing that such commitments may need to reflect
            special and differential treatment for developing
            countries;
              (3) some of the most pernicious trade barriers
            against exports by developing countries are the trade
            barriers maintained by other developing countries;
            therefore, eligible sub-Saharan African countries will
            benefit from the reduction of trade barriers in other
            developing countries, especially in developing
            countries that represent some of the greatest potential
            markets for African goods and services; and
              (4) all countries should make sanitary and
            phytosanitary decisions on the basis of sound science.

    SEC. 5.\1\ SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL
                        PROVISIONS OF AGOA.

        It is the sense of the Congress that the executive branch,
    particularly the Committee for the Implementation of Textile
    Agreements (CITA), the Bureau of Customs and Border Protection
    of the Department of Homeland Security, and the Department of
    Commerce, should interpret, implement, and enforce the
    provisions of section 112 of the African Growth and Opportunity
    Act, relating to preferential treatment of textile and apparel
    articles, broadly in order to expand trade by maximizing
    opportunities for imports of such articles from eligible sub-
    Saharan African countries.

    SEC. 6.\1\ DEFINITION.

        In this Act, the term ``eligible sub-Saharan African
    country'' means an eligible sub-Saharan African country under
    the African Growth and Opportunity Act.

    SEC. 7.\1\ EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT.\2\ * * *
    ---------------------------------------------------------------------------

        \2\ Sec. 7 consists of amendments to the Trade Act of 1974 and the
    African Growth and Opportunity Act and have been incorporated at the
    appropriate sections of those Acts.
    ---------------------------------------------------------------------------

    SEC. 8.\1\ ENTRIES OF CERTAIN APPAREL ARTICLES PURSUANT TO THE AFRICAN
                        GROWTH AND OPPORTUNITY ACT.

        (a) In General.--Notwithstanding section 514 of the Tariff
    Act of 1930 (19 U.S.C. 1514) or any other provision of law, the
    Secretary of the Treasury shall liquidate or reliquidate as
    free of duty and free of any quantitative restrictions,
    limitations, or consultation levels entries of articles
    described in subsection (d) made on or after October 1, 2000,
    and before the date of the enactment of this Act.
      (b) \3\ Requests.--Liquidation or reliquidation may be made
    under subsection (a) with respect to an entry described in
    subsection (d) only if a request therefor is filed with the
    Secretary of the Treasury within 90 days after the date of the
    enactment of this Act and the request contains sufficient
    information to enable the Secretary to locate the entry or
    reconstruct the entry if it cannot be located.
    ---------------------------------------------------------------------------
        \3\ Sec. 2004(j)(2)(B) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2595) provided
    that sec. 8(b) of the AGOA Acceleration Act of 2004 shall be applied
    with respect to the amendment made by sec. 2004(j)(1) to sec. 8(d) of
    this Act ``by substituting `90 days after the date of the enactment of
    the Miscellaneous Trade and Technical Corrections Act of 2004' for `90
    days after the date of the enactment of this Act'.''.
    ---------------------------------------------------------------------------
      (c) Payment of Amounts Owed.--Any amounts owed by the United
    States pursuant to the liquidation or reliquidation of any
    entry under subsection (a) shall be paid not later than 180
    days after the date of such liquidation or reliquidation.
      (d) Entries.--The entries referred to in subsection (a) are
    entries of apparel articles that meet the requirements of
    section 112 \4\ of the African Growth and Opportunity Act, as
    amended by section 3108 of the Trade Act of 2002 and this Act.
    ---------------------------------------------------------------------------
        \4\ Sec. 2004(j)(1) of the Miscellaneous Trade and Technical
    Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2595) struck out
    ``section 112(b)'' and inserted in lieu thereof ``section 112''. Sec.
    2204(j)(2)(A) further provided that ``The amendment made by paragraph
    (1) shall take effect as if included in the enactment of section 8 of
    the AGOA Acceleration Act of 2004.''
    ---------------------------------------------------------------------------

    SEC. 9.\1\ DEVELOPMENT STUDY AND CAPACITY BUILDING.

        (a) Reports.--The President shall, by not later than 1 year
    after the date of the enactment of this Act, conduct a study on
    each eligible sub-Saharan African country, that--
              (1) identifies sectors of the economy of that country
            with the greatest potential for growth, including
            through export sales;
              (2) identifies barriers, both domestically and
            internationally, that are impeding growth in such
            sectors; and
              (3) makes recommendations on how the United States
            Government and the private sector can provide technical
            assistance to that country to assist in dismantling
            such barriers and in promoting investment in such
            sectors.
        (b) Dissemination of Information.--The President shall
    disseminate information in each study conducted under
    subsection (a) to the appropriate United States agencies for
    the purpose of implementing recommendations on the provision of
    technical assistance and in identifying opportunities for
    United States investors, businesses, and farmers.

    SEC. 10.\1\ ACTIVITIES IN SUPPORT OF INFRASTRUCTURE TO SUPPORT
                        INCREASING TRADE CAPACITY AND ECOTOURISM.

        (a) Findings.--The Congress finds the following:
              (1) Ecotourism, which consists of--
                      (A) responsible and sustainable travel and
                    visitation to relatively undisturbed natural
                    areas in order to enjoy and appreciate nature
                    (and any accompanying cultural features, both
                    past and present) and animals, including
                    species that are rare or endangered,
                      (B) promotion of conservation and provision
                    for beneficial involvement of local
                    populations, and
                      (C) visitation designed to have low negative
                    impact upon the environment,
            is expected to expand 30 percent globally over the next
            decade.
              (2) Ecotourism will increase trade capacity by
            sustaining otherwise unsustainable infrastructure, such
            as road, port, water, energy, and telecommunication
            development.
              (3) According to the United States Department of
            State and the United Nations Environment Programme,
            sustainable tourism, such as ecotourism, can be an
            important part of the economic development of a region,
            especially a region with natural and cultural protected
            areas.
              (4) Sub-Saharan Africa enjoys an international
            comparative advantage in ecotourism because it features
            extensive protected areas that host a variety of
            ecosystems and traditional cultures that are major
            attractions for nature-oriented tourism.
              (5) National parks and reserves in sub-Saharan Africa
            should be considered a basis for regional development,
            involving communities living within and adjacent to
            them and, given their strong international recognition,
            provide an advantage in ecotourism marketing and
            promotion.
              (6) Desert areas in sub-Saharan Africa represent
            complex ecotourism attractions, showcasing natural,
            geological, and archaeological features, and nomad and
            other cultures and traditions.
              (7) Many natural zones in sub-Saharan Africa cross
            the political borders of several countries; therefore,
            transboundary cooperation is fundamental for all types
            of ecotourism development.
              (8) The commercial viability of ecotourism is
            enhanced when small and medium enterprises,
            particularly microenterprises, successfully engage with
            the tourism industry in sub-Saharan Africa.
              (9) Adequate capacity building is an essential
            component of ecotourism development if local
            communities are to be real stakeholders that can
            sustain an equitable approach to ecotourism management.
              (10) Ecotourism needs to generate local community
            benefits by utilizing sub-Saharan Africa's natural
            heritage, parks, wildlife reserves, and other protected
            areas that can play a significant role in encouraging
            local economic development by sourcing food and other
            locally produced resources.
      (b) Action by the President.--The President shall develop and
    implement policies to--
              (1) encourage the development of infrastructure
            projects that will help to increase trade capacity and
            a sustainable ecotourism industry in eligible sub-
            Saharan African countries;
              (2) encourage and facilitate transboundary
            cooperation among sub-Saharan African countries in
            order to facilitate trade;
              (3) encourage the provision of technical assistance
            to eligible sub-Saharan African countries to establish
            and sustain adequate trade capacity development; and
              (4) encourage micro-, small-, and medium-sized
            enterprises in eligible sub-Saharan African countries
            to participate in the ecotourism industry.

    SEC. 11.\1\ ACTIVITIES IN SUPPORT OF TRANSPORTATION, ENERGY,
                        AGRICULTURE, AND TELECOMMUNICATIONS INFRASTRUCTURE.

        (a) Findings.--The Congress finds the following:
              (1) In order to increase exports from, and trade
            among, eligible sub-Saharan African countries,
            transportation systems in those countries must be
            improved to increase transport efficiencies and lower
            transport costs.
              (2) Vibrant economic growth requires a developed
            telecommunication and energy infrastructure.
              (3) Sub-Saharan Africa is rich in exportable
            agricultural goods, but development of this industry
            remains stymied because of an underdeveloped
            infrastructure.
        (b) Action by the President.--In order to enhance trade
    with Africa and to bring the benefits of trade to African
    countries, the President shall develop and implement policies
    to encourage investment in eligible sub-Saharan African
    countries, particularly with respect to the following:
              (1) Infrastructure projects that support, in
            particular, development of land transport road and
            railroad networks and ports, and the continued
            upgrading and liberalization of the energy and
            telecommunications sectors.
              (2) The establishment and expansion of modern
            information and communication technologies and
            practices to improve the ability of citizens to
            research and disseminate information relating to, among
            other things, the economy, education, trade, health,
            agriculture, the environment, and the media.
              (3) Agriculture, particularly in processing and
            capacity enhancement.

    SEC. 12.\1\ FACILITATION OF TRANSPORTATION.

        In order to facilitate and increase trade flows between
    eligible sub-Saharan African countries and the United States,
    the President shall foster improved port-to-port and airport-
    to-airport relationships. These relationships should
    facilitate--
              (1) increased coordination between customs services
            at ports and airports in the United States and such
            countries in order to reduce time in transit;
              (2) interaction between customs and technical staff
            from ports and airports in the United States and such
            countries in order to increase efficiency and safety
            procedures and protocols relating to trade;
              (3) coordination between chambers of commerce,
            freight forwarders, customs brokers, and others
            involved in consolidating and moving freight; and
              (4) trade through air service between airports in the
            United States and such countries by increasing
            frequency and capacity.

    SEC. 13.\1\ AGRICULTURAL TECHNICAL ASSISTANCE.

        (a) Identification of Countries.--The President shall
    identify not fewer than 10 eligible sub-Saharan African
    countries as having the greatest potential to increase
    marketable exports of agricultural products to the United
    States and the greatest need for technical assistance,
    particularly with respect to pest risk assessments and
    complying with sanitary and phytosanitary rules of the United
    States.
        (b) Personnel.--The President shall assign at least 20
    full-time personnel for the purpose of providing assistance to
    the countries identified under subsection (a) to ensure that
    exports of agricultural products from those countries meet the
    requirements of United States law.

    SEC. 14.\1\ TRADE ADVISORY COMMITTEE ON AFRICA.

        The President shall convene the trade advisory committee on
    Africa established by Executive Order 11846 of March 27, 1975,
    under section 135(c) of the Trade Act of 1974, in order to
    facilitate the goals and objectives of the African Growth and
    Opportunity Act and this Act, and to maintain ongoing
    discussions with African trade and agriculture ministries and
    private sector organizations on issues of mutual concern,
    including regional and international trade concerns and World
    Trade Organization issues.
     (3) Implementation of the African Growth and Opportunity Act and the
              United States-Caribbean Basin Trade Partnership Act

     Executive Order 13191, January 17, 2001, 66 F.R. 7271, 19 U.S.C. 2703
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the African Growth and Opportunity Act (Title I of
    Public Law 106-200) (AGOA), the United States-Caribbean Basin
    Trade Partnership Act (Title II of Public Law 106-200) (CBTPA),
    the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
    seq.), and section 301 of title 3, United States Code, and in
    order to expand international trade and enhance our economic
    partnership with sub-Saharan Africa and the Caribbean Basin,
    promote investment and economic development and reduce poverty
    in those regions, and create new economic opportunities for
    American workers and businesses, it is hereby ordered as
    follows:

                       Part I--Implementation of the AGOA

        Section 1. Apparel Articles Assembled from Fabrics or Yarn
    Not Available in Commercial Quantities. The Committee for the
    Implementation of Textile Agreements (the ``Committee'') is
    authorized to exercise the authority vested in the President
    under section 112(b)(5)(B)(i) of the AGOA (19 U.S.C.
    3721(b)(5)(B)(i)) to determine whether yarns or fabrics cannot
    be supplied by the domestic industry in commercial quantities
    in a timely manner. The Committee shall establish procedures to
    ensure appropriate public participation in any such
    determination. The Committee and the United States Trade
    Representative (USTR) are jointly authorized to exercise the
    authority vested in the President under sections
    112(b)(5)(B)(ii), (iii), and (v) of the AGOA (19 U.S.C.
    3721(b)(5)(B)(ii), (iii), and (v)) to obtain advice from the
    appropriate advisory committee, to submit a report to the
    appropriate Congressional committees, and to consult with those
    Congressional committees. The USTR is authorized to exercise
    the authority vested in the President under section
    112(b)(5)(B)(ii) of the AGOA to obtain advice from the U.S.
    International Trade Commission (USITC).
        Sec. 2. Handloomed, Handmade, and Folklore Articles. The
    Committee, after consultation with the Commissioner, United
    States Customs Service (Commissioner), is authorized to
    exercise the authority vested in the President under section
    112(b)(6) of the AGOA (19 U.S.C. 3721(b)(6)) to consult with
    beneficiary sub-Saharan African countries and to determine
    which, if any, particular textile and apparel goods shall be
    treated as being handloomed, handmade, or folklore articles.
    The Commissioner shall take such actions to carry out any such
    determination as directed by the Committee.
        Sec. 3. Certain Interlinings. The Committee is authorized
    to exercise the authority vested in the President under section
    112(d)(1)(B)(iii) of the AGOA (19 U.S.C. 3721(d)(1)(B)(iii)) to
    determine whether U.S. manufacturers are producing interlinings
    in the United States in commercial quantities. The Committee
    shall establish procedures to ensure appropriate public
    participation in any such determination. The determination or
    determinations of the Committee under this section shall be set
    forth in a notice or notices that the Committee shall cause to
    be published in the Federal Register. The Commissioner shall
    take such actions to carry out any such determination as
    directed by the Committee.
        Sec. 4. Penalties for Transshipments. The Committee, after
    consultation with the Commissioner, is authorized to exercise
    the authority vested in the President under section 113(b)(3)
    of the AGOA (19 U.S.C. 3722(b)(3)) to determine, based on
    sufficient evidence, whether an exporter has engaged in
    transshipment and to deny for a period of 5 years all benefits
    under section 112 of the AGOA (19 U.S.C. 3721) to any such
    exporter, any successor of such exporter, and any other entity
    owned or operated by the principal of such exporter. The
    determination or determinations of the Committee under this
    section shall be set forth in a notice or notices that the
    Committee shall cause to be published in the Federal Register.
    The Commissioner shall take such actions to carry out any such
    determination as directed by the Committee.
        Sec. 5. Effective Visa Systems. Pursuant to sections 112(a)
    and 113(a)(1) of the AGOA (19 U.S.C. 3721(a) and 3722(a)(1)),
    the USTR is authorized to direct the Commissioner to take such
    actions as may be necessary to ensure that textile and apparel
    articles described in section 112(b) of the AGOA (19 U.S.C.
    3721(b)) that are entered, or withdrawn from warehouse, for
    consumption are accompanied by an appropriate export visa, if
    the preferential treatment described in section 112(a) of the
    AGOA is claimed with respect to such articles.

                    Part II--Implementation of the CBTPA \1\
    ---------------------------------------------------------------------------

        \1\ Part II, regarding the implementation of the United States-
    Caribbean Basin Trade Partnership Act (CBTPA), can be found on page
    1072.
    ---------------------------------------------------------------------------
              * * * * * * *

                          Part III--General Provisions

        Sec. 11. Judicial Review. This order does not create any
    right or benefit, substantive or procedural, enforceable at law
    or equity by a party against the United States, its agencies,
    its officers, or any person.
              e. U.S. Trade With the Middle East and North Africa

       (1) United States-Bahrain Free Trade Agreement Implementation Act

        Partial text of Public Law 109-169 [H.R. 4340], 119 Stat. 3581,
                           approved January 11, 2006

      AN ACT To implement the United States-Bahrain Free Trade Agreement.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

      (a) Short Title.\1\ --This Act may be cited as the ``United
    States-Bahrain Free Trade Agreement Implementation Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3805 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--* * *

    SEC. 2.\1\ PURPOSES.

      The purposes of this Act are--
              (1) to approve and implement the Free Trade Agreement
            between the United States and Bahrain entered into
            under the authority of section 2103(b) of the
            Bipartisan Trade Promotion Authority Act of 2002 (19
            U.S.C. 3803(b));
              (2) to strengthen and develop economic relations
            between the United States and Bahrain for their mutual
            benefit;
              (3) to establish free trade between the 2 nations
            through the reduction and elimination of barriers to
            trade in goods and services; and
              (4) to lay the foundation for further cooperation to
            expand and enhance the benefits of such Agreement.

    SEC. 3.\1\ DEFINITIONS.

      In this Act:
              (1) Agreement.--The term ``Agreement'' means the
            United States-Bahrain Free Trade Agreement approved by
            Congress under section 101(a)(1).
              (2) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.
              (3) Textile or apparel good.--The term ``textile or
            apparel good'' means a good listed in the Annex to the
            Agreement on Textiles and Clothing referred to in
            section 101(d)(4) of the Uruguay Round Agreements Act
            (19 U.S.C. 3511(d)(4)).

    TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

    SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

      (a) Approval of Agreement and Statement of Administrative
    Action.--Pursuant to section 2105 of the Bipartisan Trade
    Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
    151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress
    approves--
              (1) the United States-Bahrain Free Trade Agreement
            entered into on September 14, 2004, with Bahrain and
            submitted to Congress on November 16, 2005; and
              (2) the statement of administrative action proposed
            to implement the Agreement that was submitted to
            Congress on November 16, 2005.
      (b) Conditions for Entry Into Force of the Agreement.--At
    such time as the President determines that Bahrain has taken
    measures necessary to bring it into compliance with those
    provisions of the Agreement that are to take effect on the date
    on which the Agreement enters into force, the President is
    authorized to exchange notes with the Government of Bahrain
    providing for the entry into force, on or after January 1,
    2006, of the Agreement with respect to the United States.

    SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
                        LAW.

      (a) Relationship of Agreement to United States Law.--
              (1) United states law to prevail in conflict.--No
            provision of the Agreement, nor the application of any
            such provision to any person or circumstance, which is
            inconsistent with any law of the United States shall
            have effect.
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States; or
                      (B) to limit any authority conferred under
                    any law of the United States,
            unless specifically provided for in this Act.
      (b) Relationship of Agreement to State Law.--
              (1) Legal challenge.--No State law, or the
            application thereof, may be declared invalid as to any
            person or circumstance on the ground that the provision
            or application is inconsistent with the Agreement,
            except in an action brought by the United States for
            the purpose of declaring such law or application
            invalid.
              (2) Definition of state law.--For purposes of this
            subsection, the term ``State law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
      (c) Effect of Agreement With Respect to Private Remedies.--No
    person other than the United States--
              (1) shall have any cause of action or defense under
            the Agreement or by virtue of congressional approval
            thereof; or
              (2) may challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State, on the ground that such action or inaction
            is inconsistent with the Agreement.

    SEC. 103.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
                        AND INITIAL REGULATIONS.

      (a) Implementing Actions.--
              (1) Proclamation authority.--After the date of the
            enactment of this Act--
                      (A) the President may proclaim such actions,
                    and
                      (B) other appropriate officers of the United
                    States Government may issue such regulations,
            as may be necessary to ensure that any provision of
            this Act, or amendment made by this Act, that takes
            effect on the date on which the Agreement enters into
            force is appropriately implemented on such date, but no
            such proclamation or regulation may have an effective
            date earlier than the date on which the Agreement
            enters into force.
              (2) Effective date of certain proclaimed actions.--
            Any action proclaimed by the President under the
            authority of this Act that is not subject to the
            consultation and layover provisions under section 104
            may not take effect before the 15th day after the date
            on which the text of the proclamation is published in
            the Federal Register.
              (3) Waiver of 15-day restriction.--The 15-day
            restriction in paragraph (2) on the taking effect of
            proclaimed actions is waived to the extent that the
            application of such restriction would prevent the
            taking effect on the date on which the Agreement enters
            into force of any action proclaimed under this section.
      (b) Initial Regulations.--Initial regulations necessary or
    appropriate to carry out the actions required by or authorized
    under this Act or proposed in the statement of administrative
    action submitted under section 101(a)(2) to implement the
    Agreement shall, to the maximum extent feasible, be issued
    within 1 year after the date on which the Agreement enters into
    force. In the case of any implementing action that takes effect
    on a date after the date on which the Agreement enters into
    force, initial regulations to carry out that action shall, to
    the maximum extent feasible, be issued within 1 year after such
    effective date.

    SEC. 104.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
                        DATE OF, PROCLAIMED ACTIONS.

      If a provision of this Act provides that the implementation
    of an action by the President by proclamation is subject to the
    consultation and layover requirements of this section, such
    action may be proclaimed only if--
              (1) the President has obtained advice regarding the
            proposed action from--
                      (A) the appropriate advisory committees
                    established under section 135 of the Trade Act
                    of 1974 (19 U.S.C. 2155); and
                      (B) the United States International Trade
                    Commission;
              (2) the President has submitted to the Committee on
            Finance of the Senate and the Committee on Ways and
            Means of the House of Representatives a report that
            sets forth--
                      (A) the action proposed to be proclaimed and
                    the reasons therefor; and
                      (B) the advice obtained under paragraph (1);
              (3) a period of 60 calendar days, beginning on the
            first day on which the requirements set forth in
            paragraphs (1) and (2) have been met has expired; and
              (4) the President has consulted with the Committees
            referred to in paragraph (2) regarding the proposed
            action during the period referred to in paragraph (3).

    SEC. 105.\1\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

      (a) Establishment or Designation of Office.--The President is
    authorized to establish or designate within the Department of
    Commerce an office that shall be responsible for providing
    administrative assistance to panels established under chapter
    19 of the Agreement. The office may not be considered to be an
    agency for purposes of section 552 of title 5, United States
    Code.
      (b) Authorization of Appropriations.--There are authorized to
    be appropriated for each fiscal year after fiscal year 2005 to
    the Department of Commerce such sums as may be necessary for
    the establishment and operations of the office established or
    designated under subsection (a) and for the payment of the
    United States share of the expenses of panels established under
    chapter 19 of the Agreement.

    SEC. 106.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.

      (a) Effective Dates.--Except as provided in subsection (b),
    the provisions of this Act and the amendments made by this Act
    take effect on the date on which the Agreement enters into
    force.
      (b) Exceptions.--Sections 1 through 3 and this title take
    effect on the date of the enactment of this Act.
      (c) Termination of the Agreement.--On the date on which the
    Agreement terminates, the provisions of this Act (other than
    this subsection) and the amendments made by this Act shall
    cease to be effective.

                        TITLE II--CUSTOMS PROVISIONS \2\
    ---------------------------------------------------------------------------

        \2\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE III--RELIEF FROM IMPORTS \3\
    ---------------------------------------------------------------------------

        \3\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note (subtitle A--relief from imports benefiting from the
    agreement; subtitle B--textile and apparel safeguard measures).
    ---------------------------------------------------------------------------
              * * * * * * *

                           TITLE IV--PROCUREMENT \4\
    ---------------------------------------------------------------------------

        \4\ Title IV amends sec. 308(4)(A) of the Trade Agreements Act of
    1979 (19 U.S.C. 2518(4)(A)).
    ---------------------------------------------------------------------------
              * * * * * * *
       (2) United States-Morocco Free Trade Agreement Implementation Act

        Partial text of Public Law 108-302 [H.R. 4842], 118 Stat. 1103,
                            approved August 17, 2004

      AN ACT To implement the United States-Morocco Free Trade Agreement.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

      (a) Short Title.\1\ --This Act may be cited as the ``United
    States-Morocco Free Trade Agreement Implementation Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3805 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--* * *

    SEC. 2.\1\ PURPOSES.

      The purposes of this Act are--
              (1) to approve and implement the Free Trade Agreement
            between the United States and Morocco entered into
            under the authority of section 2103(b) of the
            Bipartisan Trade Promotion Authority Act of 2002 (19
            U.S.C. 3803(b));
              (2) to strengthen and develop economic relations
            between the United States and Morocco for their mutual
            benefit;
              (3) to establish free trade between the 2 nations
            through the reduction and elimination of barriers to
            trade in goods and services and to investment; and
              (4) to lay the foundation for further cooperation to
            expand and enhance the benefits of such Agreement.

    SEC. 3.\1\ DEFINITIONS.

      In this Act:
              (1) Agreement.--The term ``Agreement'' means the
            United States-Morocco Free Trade Agreement approved by
            Congress under section 101(a)(1).
              (2) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.
              (3) Textile or apparel good.--The term ``textile or
            apparel good'' means a good listed in the Annex to the
            Agreement on Textiles and Clothing referred to in
            section 101(d)(4) of the Uruguay Round Agreements Act
            (19 U.S.C. 3511(d)(4)).

    TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

    SEC. 101.\1\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

      (a) Approval of Agreement and Statement of Administrative
    Action.--Pursuant to section 2105 of the Bipartisan Trade
    Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
    151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress
    approves--
              (1) the United States-Morocco Free Trade Agreement
            entered into on June 15, 2004, with Morocco and
            submitted to Congress on July 15, 2004; and
              (2) the statement of administrative action proposed
            to implement the Agreement that was submitted to
            Congress on July 15, 2004.
      (b) Conditions for Entry Into Force of the Agreement.--At
    such time as the President determines that Morocco has taken
    measures necessary to bring it into compliance with those
    provisions of the Agreement that are to take effect on the date
    on which the Agreement enters into force, the President is
    authorized to exchange notes with the Government of Morocco
    providing for the entry into force, on or after January 1,
    2005, of the Agreement with respect to the United States.

    SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
                        LAW.

      (a) Relationship of Agreement to United States Law.--
              (1) United states law to prevail in conflict.--No
            provision of the Agreement, nor the application of any
            such provision to any person or circumstance, which is
            inconsistent with any law of the United States shall
            have effect.
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States, or
                      (B) to limit any authority conferred under
                    any law of the United States,
            unless specifically provided for in this Act.
      (b) Relationship of Agreement to State Law.--
              (1) Legal challenge.--No State law, or the
            application thereof, may be declared invalid as to any
            person or circumstance on the ground that the provision
            or application is inconsistent with the Agreement,
            except in an action brought by the United States for
            the purpose of declaring such law or application
            invalid.
              (2) Definition of state law.--For purposes of this
            subsection, the term ``State law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
      (c) Effect of Agreement With Respect to Private Remedies.--No
    person other than the United States--
              (1) shall have any cause of action or defense under
            the Agreement or by virtue of congressional approval
            thereof; or
              (2) may challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State, on the ground that such action or inaction
            is inconsistent with the Agreement.

    SEC. 103.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
                        AND INITIAL REGULATIONS.

      (a) Implementing Actions.--
              (1) Proclamation authority.--After the date of the
            enactment of this Act--
                      (A) the President may proclaim such actions,
                    and
                      (B) other appropriate officers of the United
                    States Government may issue such regulations,
            as may be necessary to ensure that any provision of
            this Act, or amendment made by this Act, that takes
            effect on the date the Agreement enters into force is
            appropriately implemented on such date, but no such
            proclamation or regulation may have an effective date
            earlier than the date the Agreement enters into force.
              (2) Effective date of certain proclaimed actions.--
            Any action proclaimed by the President under the
            authority of this Act that is not subject to the
            consultation and layover provisions under section 104
            may not take effect before the 15th day after the date
            on which the text of the proclamation is published in
            the Federal Register.
              (3) Waiver of 15-day restriction.--The 15-day
            restriction in paragraph (2) on the taking effect of
            proclaimed actions is waived to the extent that the
            application of such restriction would prevent the
            taking effect on the date the Agreement enters into
            force of any action proclaimed under this section.
      (b) Initial Regulations.--Initial regulations necessary or
    appropriate to carry out the actions required by or authorized
    under this Act or proposed in the statement of administrative
    action submitted under section 101(a)(2) to implement the
    Agreement shall, to the maximum extent feasible, be issued
    within 1 year after the date on which the Agreement enters into
    force. In the case of any implementing action that takes effect
    on a date after the date on which the Agreement enters into
    force, initial regulations to carry out that action shall, to
    the maximum extent feasible, be issued within 1 year after such
    effective date.

    SEC. 104.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
                        DATE OF, PROCLAIMED ACTIONS.

      If a provision of this Act provides that the implementation
    of an action by the President by proclamation is subject to the
    consultation and layover requirements of this section, such
    action may be proclaimed only if--
              (1) the President has obtained advice regarding the
            proposed action from--
                      (A) the appropriate advisory committees
                    established under section 135 of the Trade Act
                    of 1974 (19 U.S.C. 2155); and
                      (B) the United States International Trade
                    Commission;
              (2) the President has submitted to the Committee on
            Finance of the Senate and the Committee on Ways and
            Means of the House of Representatives a report that
            sets forth--
                      (A) the action proposed to be proclaimed and
                    the reasons therefor; and
                      (B) the advice obtained under paragraph (1);
              (3) a period of 60 calendar days, beginning on the
            first day on which the requirements set forth in
            paragraphs (1) and (2) have been met has expired; and
              (4) the President has consulted with such Committees
            regarding the proposed action during the period
            referred to in paragraph (3).

    SEC. 105.\1\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

      (a) Establishment or Designation of Office.--The President is
    authorized to establish or designate within the Department of
    Commerce an office that shall be responsible for providing
    administrative assistance to panels established under chapter
    20 of the Agreement. The office may not be considered to be an
    agency for purposes of section 552 of title 5, United States
    Code.
      (b) Authorization of Appropriations.--There are authorized to
    be appropriated for each fiscal year after fiscal year 2004 to
    the Department of Commerce such sums as may be necessary for
    the establishment and operations of the office under subsection
    (a) and for the payment of the United States share of the
    expenses of panels established under chapter 20 of the
    Agreement.

    SEC. 106.\1\ ARBITRATION OF CLAIMS.

      The United States is authorized to resolve any claim against
    the United States covered by article 10.15.1(a)(i)(C) or
    article 10.15.1(b)(i)(C) of the Agreement, pursuant to the
    Investor-State Dispute Settlement procedures set forth in
    section B of chapter 10 of the Agreement.

    SEC. 107.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.

      (a) Effective Dates.--Except as provided in subsection (b),
    the provisions of this Act and the amendments made by this Act
    take effect on the date the Agreement enters into force.
      (b) Exceptions.--Sections 1 through 3 and this title take
    effect on the date of the enactment of this Act.
      (c) Termination of the Agreement.--On the date on which the
    Agreement terminates, the provisions of this Act (other than
    this subsection) and the amendments made by this Act shall
    cease to be effective.

                        TITLE II--CUSTOMS PROVISIONS \2\
    ---------------------------------------------------------------------------

        \2\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE III--RELIEF FROM IMPORTS \3\
    ---------------------------------------------------------------------------

        \3\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note (subtitle A--relief from imports benefiting from the
    agreement; subtitle B--textile and apparel safeguard measures).
    ---------------------------------------------------------------------------
              * * * * * * *
          (3) United States-Jordan Free Trade Area Implementation Act

    Partial text of Public Law 107-43 [H.R. 2603], 115 Stat. 243, approved
                               September 28, 2001

     AN ACT To implement the agreement establishing a United States-Jordan
                                free trade area.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.\1\ --This Act may be cited as the ``United
    States-Jordan Free Trade Area Implementation Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2112 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--* * *

    SEC. 2.\1\ PURPOSES.

        The purposes of this Act are--
              (1) to implement the agreement between the United
            States and Jordan establishing a free trade area;
              (2) to strengthen and develop the economic relations
            between the United States and Jordan for their mutual
            benefit; and
              (3) to establish free trade between the 2 nations
            through the removal of trade barriers.

    SEC. 3.\1\ DEFINITIONS.

        For purposes of this Act:
              (1) Agreement.--The term ``Agreement'' means the
            Agreement between the United States of America and the
            Hashemite Kingdom of Jordan on the Establishment of a
            Free Trade Area, entered into on October 24, 2000.
              (2) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.

                 TITLE I--TARIFF MODIFICATIONS; RULES OF ORIGIN

    SEC. 101.\1\ TARIFF MODIFICATIONS.

        (a) Tariff Modifications Provided for in the Agreement.--
    The President may proclaim--
              (1) such modifications or continuation of any duty;
              (2) such continuation of duty-free or excise
            treatment; or
              (3) such additional duties,
    as the President determines to be necessary or appropriate to
    carry out article 2.1 of the Agreement and the schedule of duty
    reductions with respect to Jordan set out in Annex 2.1 of the
    Agreement.
        (b) Other Tariff Modifications.--The President may
    proclaim--
              (1) such modifications or continuation of any duty;
              (2) such continuation of duty-free or excise
            treatment; or
              (3) such additional duties,
    as the President determines to be necessary or appropriate to
    maintain the general level of reciprocal and mutually
    advantageous concessions with respect to Jordan provided for by
    the Agreement.

    SEC. 102.\1\ RULES OF ORIGIN.

        (a) In General.--
              (1) Eligible articles.--
                      (A) In general.--The reduction or elimination
                    of any duty imposed on any article by the
                    United States provided for in the Agreement
                    shall apply only if--
                              (i) that article is imported directly
                            from Jordan into the customs territory
                            of the United States; and
                              (ii) that article--
                                      (I) is wholly the growth,
                                    product, or manufacture of
                                    Jordan; or
                                      (II) is a new or different
                                    article of commerce that has
                                    been grown, produced, or
                                    manufactured in Jordan and
                                    meets the requirements of
                                    subparagraph (B).
                      (B) Requirements.--
                              (i) General rule.--The requirements
                            of this subparagraph are that with
                            respect to an article described in
                            subparagraph (A)(ii)(II), the sum of--
                                      (I) the cost or value of the
                                    materials produced in Jordan,
                                    plus
                                      (II) the direct costs of
                                    processing operations performed
                                    in Jordan, is not less than 35
                                    percent of the appraised value
                                    of such article at the time it
                                    is entered.
                              (ii) Materials produced in united
                            states.--If the cost or value of
                            materials produced in the customs
                            territory of the United States is
                            included with respect to an article to
                            which this paragraph applies, an amount
                            not to exceed 15 percent of the
                            appraised value of the article at the
                            time it is entered that is attributable
                            to such United States cost or value may
                            be applied toward determining the
                            percentage referred to in clause (i).
              (2) Exclusions.--No article may be considered to meet
            the requirements of paragraph (1)(A) by virtue of
            having merely undergone--
                      (A) simple combining or packaging operations;
                    or
                      (B) mere dilution with water or mere dilution
                    with another substance that does not materially
                    alter the characteristics of the article.
        (b) Direct Costs of Processing Operations.--
              (1) In general.--As used in this section, the term
            ``direct costs of processing operations'' includes, but
            is not limited to--
                      (A) all actual labor costs involved in the
                    growth, production, manufacture, or assembly of
                    the specific merchandise, including fringe
                    benefits, on-the-job training, and the cost of
                    engineering, supervisory, quality control, and
                    similar personnel; and
                      (B) dies, molds, tooling, and depreciation on
                    machinery and equipment which are allocable to
                    the specific merchandise.
              (2) Excluded costs.--The term ``direct costs of
            processing operations'' does not include costs which
            are not directly attributable to the merchandise
            concerned, or are not costs of manufacturing the
            product, such as--
                      (A) profit; and
                      (B) general expenses of doing business which
                    are either not allocable to the specific
                    merchandise or are not related to the growth,
                    production, manufacture, or assembly of the
                    merchandise, such as administrative salaries,
                    casualty and liability insurance, advertising,
                    and salesmen's salaries, commissions, or
                    expenses.
        (c) Textile and Apparel Articles.--
              (1) In general.--A textile or apparel article
            imported directly from Jordan into the customs
            territory of the United States shall be considered to
            meet the requirements of paragraph (1)(A) of subsection
            (a) only if--
                      (A) the article is wholly obtained or
                    produced in Jordan;
                      (B) the article is a yarn, thread, twine,
                    cordage, rope, cable, or braiding, and--
                              (i) the constituent staple fibers are
                            spun in Jordan, or
                              (ii) the continuous filament is
                            extruded in Jordan;
                      (C) the article is a fabric, including a
                    fabric classified under chapter 59 of the HTS,
                    and the constituent fibers, filaments, or yarns
                    are woven, knitted, needled, tufted, felted,
                    entangled, or transformed by any other fabric-
                    making process in Jordan; or
                      (D) the article is any other textile or
                    apparel article that is wholly assembled in
                    Jordan from its component pieces.
              (2) Definition.--For purposes of paragraph (1), an
            article is ``wholly obtained or produced in Jordan'' if
            it is wholly the growth, product, or manufacture of
            Jordan.
              (3) Special rules.--
                      (A) Certain made-up articles, textile
                    articles in the piece, and certain other
                    textiles and textile articles.--Notwithstanding
                    paragraph (1)(D) and except as provided in
                    subparagraphs (C) and (D) of this paragraph,
                    subparagraph (A), (B), or (C) of paragraph (1),
                    as appropriate, shall determine whether a good
                    that is classified under one of the following
                    headings or subheadings of the HTS shall be
                    considered to meet the requirements of
                    paragraph (1)(A) of subsection (a): 5609, 5807,
                    5811, 6209.20.50.40, 6213, 6214, 6301, 6302,
                    6304, 6305, 6306, 6307.10, 6307.90, 6308, and
                    9404.90.
                      (B) Certain knit-to-shape textiles and
                    textile articles.--Notwithstanding paragraph
                    (1)(D) and except as provided in subparagraphs
                    (C) and (D) of this paragraph, a textile or
                    apparel article which is knit-to-shape in
                    Jordan shall be considered to meet the
                    requirements of paragraph (1)(A) of subsection
                    (a).
                      (C) Certain dyed and printed textiles and
                    textile articles.--Notwithstanding paragraph
                    (1)(D), a good classified under heading
                    6117.10, 6213.00, 6214.00. 6302.22, 6302.29,
                    6302.52, 6302.53, 6302.59, 6302.92, 6302.93,
                    6302.99, 6303.92, 6303.99, 6304.19, 6304.93,
                    6304.99, 9404.90.85, or 9404.90.95 of the HTS,
                    except for a good classified under any such
                    heading as of cotton or of wool or consisting
                    of fiber blends containing 16 percent or more
                    by weight of cotton, shall be considered to
                    meet the requirements of paragraph (1)(A) of
                    subsection (a) if the fabric in the good is
                    both dyed and printed in Jordan, and such
                    dyeing and printing is accompanied by 2 or more
                    of the following finishing operations:
                    bleaching, shrinking, fulling, napping,
                    decating, permanent stiffening, weighting,
                    permanent embossing, or moireing.
                      (D) Fabrics of silk, cotton, manmade fiber or
                    vegetable fiber.--Notwithstanding paragraph
                    (1)(C), a fabric classified under the HTS as of
                    silk, cotton, man-made fiber, or vegetable
                    fiber shall be considered to meet the
                    requirements of paragraph (1)(A) of subsection
                    (a) if the fabric is both dyed and printed in
                    Jordan, and such dyeing and printing is
                    accompanied by 2 or more of the following
                    finishing operations: bleaching, shrinking,
                    fulling, napping, decating, permanent
                    stiffening, weighting, permanent embossing, or
                    moireing.
              (4) Multicountry rule.--If the origin of a textile or
            apparel article cannot be determined under paragraph
            (1) or (3), then that article shall be considered to
            meet the requirements of paragraph (1)(A) of subsection
            (a) if--
                      (A) the most important assembly or
                    manufacturing process occurs in Jordan; or
                      (B) if the applicability of paragraph (1)(A)
                    of subsection (a) cannot be determined under
                    subparagraph (A), the last important assembly
                    or manufacturing occurs in Jordan.
        (d) Exclusion.--A good shall not be considered to meet the
    requirements of paragraph (1)(A) of subsection (a) if the
    good--
              (1) is imported into Jordan, and, at the time of
            importation, would be classified under heading 0805 of
            the HTS; and
              (2) is processed in Jordan into a good classified
            under any of subheadings 2009.11 through 2009.30 of the
            HTS.
        (e) Regulations.--The Secretary of the Treasury, after
    consultation with the United States Trade Representative, shall
    prescribe such regulations as may be necessary to carry out
    this section.

                       TITLE II--RELIEF FROM IMPORTS \2\
    ---------------------------------------------------------------------------

        \2\ Freestanding provisions in this title are codified at 19 U.S.C.
    2112 note (Subtitle A--General Provisions; subtitle B--Relief from
    Imports Benefiting from the Agreement; Subtitle C--Cases Under Title II
    of the Trade Act of 1974).
    ---------------------------------------------------------------------------
              * * * * * * *

                         TITLE III--TEMPORARY ENTRY \3\
    ---------------------------------------------------------------------------

        \3\ This title is codified at 19 U.S.C. 2112 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE IV--GENERAL PROVISIONS

    SEC. 401.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
                        LAW.

        (a) Relationship of Agreement to United States Law.--
              (1) United states law to prevail in conflict.--No
            provision of the Agreement, nor the application of any
            such provision to any person or circumstance, that is
            inconsistent with any law of the United States shall
            have effect.
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States; or
                      (B) to limit any authority conferred under
                    any law of the United States, unless
                    specifically provided for in this Act.
        (b) Relationship of Agreement to State Law.--
              (1) Legal challenge.--No State law, or the
            application thereof, may be declared invalid as to any
            person or circumstance on the ground that the provision
            or application is inconsistent with the Agreement,
            except in an action brought by the United States for
            the purpose of declaring such law or application
            invalid.
              (2) Definition of state law.--For purposes of this
            subsection, the term ``State law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
        (c) Effect of Agreement With Respect to Private Remedies.--
    No person other than the United States--
              (1) shall have any cause of action or defense under
            the Agreement; or
              (2) may challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State on the ground that such action or inaction
            is inconsistent with the Agreement.

    SEC. 402.\1\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated for each fiscal
    year after fiscal year 2001 to the Department of Commerce not
    more than $100,000 for the payment of the United States share
    of the expenses incurred in dispute settlement proceedings
    under article 17 of the Agreement.

    SEC. 403.\1\ IMPLEMENTING REGULATIONS.

        After the date of enactment of this Act--
              (1) the President may proclaim such actions; and
              (2) other appropriate officers of the United States
            may issue such regulations,
    as may be necessary to ensure that any provision of this Act,
    or amendment made by this Act, that takes effect on the date
    the Agreement enters into force is appropriately implemented on
    such date, but no such proclamation or regulation may have an
    effective date earlier than the date the Agreement enters into
    force.

    SEC. 404.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.

        (a) Effective Dates.--Except as provided in subsection (b),
    the provisions of this Act and the amendments made by this Act
    take effect on the date the Agreement enters into force.
        (b) Exceptions.--Sections 1 through 3 and this title take
    effect on the date of the enactment of this Act.
        (c) Termination of the Agreement.--On the date on which the
    Agreement ceases to be in force, the provisions of this Act
    (other than this subsection) and the amendments made by this
    Act, shall cease to be effective.
      (4) United States-Israel Free Trade Area Implementation Act of 1985

      Partial text of Public Law 99-47 [H.R. 2268], 99 Stat. 82, approved
    June 11, 1985; as amended by Public Law 104-234 [H.R. 3074], 110 Stat.
                         3058, approved October 2, 1996

              Note.--Sections of this Act that have been omitted
            amend the Trade Agreements Act of 1979, the Trade and
            Tariff Act of 1984, and the Trade Act of 1974. They are
            reproduced elsewhere in this volume.

     AN ACT To approve and implement the Free Trade Area Agreement between
                         the United States and Israel.

        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 ``United States-Israel Free
    Trade Area Implementation Act of 1985''.\1\
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2112 note.
    ---------------------------------------------------------------------------

    SEC. 2. PURPOSES.

        The purposes of this Act are--
              (1) to approve and implement the agreement on the
            establishment of a free trade area between the United
            States and Israel negotiated under the authority of
            section 102 of the Trade Act of 1974;
              (2) to strengthen and develop the economic relations
            between the United States and Israel for their mutual
            benefit; and
              (3) to establish free trade between the two nations
            through the removal of trade barriers.

    SEC. 3.\1\ APPROVAL OF A FREE TRADE AREA AGREEMENT.

        Pursuant to sections 102 and 151 of the Trade Act of 1974
    (19 U.S.C. 2112; 2191), the Congress approves--
              (1) the Agreement on the Establishment of a Free
            Trade Area between the Government of the United States
            of America and the Government of Israel (hereinafter in
            this Act referred to as ``the Agreement'') entered into
            on April 22, 1985, and submitted to the Congress on
            April 29, 1985, and
              (2) the statement of administrative action proposed
            to implement the Agreement that was submitted to the
            Congress on April 29, 1985.

    SEC. 4.\1\ PROCLAMATION AUTHORITY.

        (a) Tariff Modifications.--Except as provided in subsection
    (c), the President may proclaim--
              (1) such modifications or continuance of any existing
            duty,
              (2) such continuance of existing duty-free or excise
            treatment, or
              (3) such additional duties,
    as the President determines to be required or appropriate to
    carry out the schedule of duty reductions with respect to
    Israel set forth in annex 1 of the Agreement.
        (b) Additional Tariff Modification Authority.--Except as
    provided in subsection (c), whenever the President determines
    that it is necessary to maintain the general level of
    reciprocal and mutually advantageous concessions with respect
    to Israel provided for by the Agreement, the President may
    proclaim--
              (1) such withdrawal, suspension, modification, or
            continuance of any duty,
              (2) such continuance of existing duty-free or excise
            treatment, or
              (3) such additional duties,
    as the President determines to be required or appropriate to
    carry out the Agreement.
        (c) Exception to Authority.--No modification of any duty
    imposed on any article provided for in paragraph (4) of annex 1
    of the Agreement that may be proclaimed under subsection (a) or
    (b) shall take effect prior to January 1, 1995.

    SEC. 5.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.

        (a) United States Statutes To Prevail in Conflict.--No
    provision of the Agreement, nor the application of any such
    provision to any person or circumstance, which is in conflict
    with--
              (1) title IV of the Trade and Tariff Act of 1984, or
              (2) any other statute of the United States,
    shall be given effect under the laws of the United States.
        (b) Implementing Regulations.--Regulations that are
    necessary or appropriate to carry out actions proposed in any
    statement of proposed administrative action submitted to the
    Congress under section 102 of the Trade Act of 1974 (19 U.S.C.
    2112) in order to implement the Agreement shall be prescribed.
    Initial regulations to carry out such action shall be issued
    within one year after the date of the entry into force of the
    Agreement.
        (c) Changes in Statutes To Implement a Requirement,
    Amendment, or Recommendation.--
              (1) Except as otherwise provided in paragraph (2),
            the provisions of section 3(c) of the Trade Agreements
            Act of 1979 (19 U.S.C. 2504(c)) shall apply with
            respect to the Agreement and--
                      (A) no requirement of, amendment to, or
                    recommendation under the Agreement shall be
                    implemented under United States law, and
                      (B) no amendment, repeal, or enactment of a
                    statute of the United States to implement any
                    such requirement, amendment, or recommendation
                    shall enter into force with respect to the
                    United States,
            unless there has been compliance with the provisions of
            section 3(c) of the Trade Agreements Act of 1979.
              (2) The provisions of section 3(c)(4) of the Trade
            Agreements Act of 1979 (19 U.S.C. 2504(c)(4)) shall
            apply to any bill implementing any requirement of,
            amendment to, or recommendation made under, the
            Agreement that reduces or eliminates any duty imposed
            on any article provided for in paragraph (4) of Annex 1
            of the Agreement only if--
                      (A) any reduction of such duty provided in
                    such bill--
                              (i) takes effect after December 31,
                            1989, and
                              (ii) takes effect gradually over the
                            period that begins on January 1, 1990,
                            and ends on December 31, 1994,
                      (B) any elimination of such duty provided in
                    such bill does not take effect prior to January
                    1, 1995, and
                      (C) the consultations required under section
                    3(c)(1) of such Act occur at least ninety days
                    prior to the date on which such bill is
                    submitted to the Congress under section 3(c) of
                    such Act.
        (d) Private Remedies Not Created.--Neither the entry into
    force of the Agreement with respect to the United States, nor
    the enactment of this Act, shall be construed as creating any
    private right of action or remedy for which provision is not
    explicitly made under this Act or under the laws of the United
    States.

    SEC. 6. TERMINATION.

        The provisions of section 125(a) of the Trade Act of 1974
    (19 U.S.C. 2135(a)) shall not apply to the Agreement.
              * * * * * * *

    SEC. 9.\2\ ADDITIONAL PROCLAMATION AUTHORITY

        (a) Elimination or Modifications of Duties.--The President
    is authorized to proclaim elimination or modification of any
    existing duty as the President determines is necessary to
    exempt any article from duty if--
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 2112 note. Sec. 1 of Public Law 104-234 (110 Stat.
    3058) added sec. 9.
    ---------------------------------------------------------------------------
              (1) that article is wholly the growth, product, or
            manufacture of the West Bank, the Gaza Strip, or a
            qualifying industrial zone or is a new or different
            article of commerce that has been grown, produced, or
            manufactured in the West Bank, the Gaza Strip, or a
            qualifying industrial zone;
              (2) that article is imported directly from the West
            Bank, the Gaza Strip, Israel, or a qualifying
            industrial zone; and
              (3) the sum of--
                      (A) the cost or value of the materials
                    produced in the West Bank, the Gaza Strip,
                    Israel, or a qualifying industrial zone, plus
                      (B) the direct costs of processing operations
                    performed in the West Bank, the Gaza Strip,
                    Israel, or a qualifying industrial zone,
            is not less than 35 percent of the appraised value of
            the product at the time it is entered into the United
            States.
    For purposes of determining the 35 percent content requirement
    contained in paragraph (3), the cost or value of materials
    which are used in the production of an article in the West
    Bank, the Gaza Strip, or a qualifying industrial zone, and are
    the products of the United States, may be counted in an amount
    up to 15 percent of the appraised value of the article.
        (b) Applicability of Certain Provisions of the Agreement.--
              (1) Nonqualifying operations.--No article shall be
            considered a new or different article of commerce under
            this section, and no material shall be included for
            purposes of determining the 35 percent requirement of
            subsection (a)(3), by virtue of having merely
            undergone--
                      (A) simple combining or packaging operations,
                    or
                      (B) mere dilution with water or with another
                    substance that does not materially alter the
                    characteristics of the article or material.
              (2) Requirements for new or different article of
            commerce.--For purposes of subsection (a)(1), an
            article is a ``new or different article of commerce''
            if it is substantially transformed into an article
            having a new name, character, or use.
              (3) Cost or value of materials.--(A) For purposes of
            this section, the cost or value of materials produced
            in the West Bank, the Gaza Strip, or a qualifying
            industrial zone includes--
                      (i) the manufacturer's actual cost for the
                    materials;
                      (ii) when not included in the manufacturer's
                    actual cost for the materials, the freight,
                    insurance, packing, and all other costs
                    incurred in transporting the materials to the
                    manufacturer's plant;
                      (iii) the actual cost of waste or spoilage,
                    less the value of recoverable scrap; and
                      (iv) taxes or duties imposed on the materials
                    by the West Bank, the Gaza Strip, or a
                    qualifying industrial zone, if such taxes or
                    duties are not remitted on exportation.
              (B) If a material is provided to the manufacturer
            without charge, or at less than fair market value, its
            cost or value shall be determined by computing the sum
            of--
                      (i) all expenses incurred in the growth,
                    production, or manufacture of the material,
                    including general expenses;
                      (ii) an amount for profit; and
                      (iii) freight, insurance, packing, and all
                    other costs incurred in transporting the
                    material to the manufacturer's plant.
            If the information necessary to compute the cost or
            value of a material is not available, the Customs
            Service may ascertain or estimate the value thereof
            using all reasonable methods.
              (4) Direct costs of processing operations.--(A) For
            purposes of this section, the ``direct costs of
            processing operations performed in the West Bank, Gaza
            Strip, or a qualifying industrial zone'' with respect
            to an article are those costs either directly incurred
            in, or which can be reasonably allocated to, the
            growth, production, manufacture, or assembly, of that
            article. Such costs include, but are not limited to,
            the following to the extent that they are includible in
            the appraised value of articles imported into the
            United States:
                      (i) All actual labor costs involved in the
                    growth, production, manufacture, or assembly of
                    the article, including fringe benefits, on-the-
                    job training, and costs of engineering,
                    supervisory, quality control, and similar
                    personnel.
                      (ii) Dies, molds, tooling, and depreciation
                    on machinery and equipment which are allocable
                    to the article.
                      (iii) Research, development, design,
                    engineering, and blueprint costs insofar as
                    they are allocable to the article.
                      (iv) Costs of inspecting and testing the
                    article.
              (B) Those items that are not included as direct costs
            of processing operations with respect to an article are
            those which are not directly attributable to the
            article or are not costs of manufacturing the article.
            Such items include, but are not limited to--
                      (i) profit; and
                      (ii) general expenses of doing business which
                    are either not allocable to the article or are
                    not related to the growth, production,
                    manufacture, or assembly of the article, such
                    as administrative salaries, casualty and
                    liability insurance, advertising, and
                    salesmen's salaries, commissions, or expenses.
              (5) Imported directly.--For purposes of this
            section--
                      (A) articles are ``imported directly'' if--
                              (i) the articles are shipped directly
                            from the West Bank, the Gaza Strip, a
                            qualifying industrial zone, or Israel
                            into the United States without passing
                            through the territory of any
                            intermediate country; or
                              (ii) if shipment is through the
                            territory of an intermediate country,
                            the articles in the shipment do not
                            enter into the commerce of any
                            intermediate country and the invoices,
                            bills of lading, and other shipping
                            documents specify the United States as
                            the final destination; or
                      (B) if articles are shipped through an
                    intermediate country and the invoices and other
                    documents do not specify the United States as
                    the final destination, then the articles in the
                    shipment, upon arrival in the United States,
                    are imported directly only if they--
                              (i) remain under the control of the
                            customs authority in an intermediate
                            country;
                              (ii) do not enter into the commerce
                            of an intermediate country except for
                            the purpose of a sale other than at
                            retail, but only if the articles are
                            imported as a result of the original
                            commercial transactions between the
                            importer and the producer or the
                            producer's sales agent; and
                              (iii) have not been subjected to
                            operations other than loading,
                            unloading, or other activities
                            necessary to preserve the article in
                            good condition.
              (6) Documentation required.--An article is eligible
            for the duty exemption under this section only if--
                      (A) the importer certifies that the article
                    meets the conditions for the duty exemption;
                    and
                      (B) when requested by the Customs Service,
                    the importer, manufacturer, or exporter submits
                    a declaration setting forth all pertinent
                    information with respect to the article,
                    including the following:
                              (i) A description of the article,
                            quantity, numbers, and marks of
                            packages, invoice numbers, and bills of
                            lading.
                              (ii) A description of the operations
                            performed in the production of the
                            article in the West Bank, the Gaza
                            Strip, qualifying industrial zone, or
                            Israel and identification of the direct
                            costs of processing operations.
                              (iii) A description of any materials
                            used in production of the article which
                            are wholly the growth, product, or
                            manufacture of the West Bank, the Gaza
                            Strip, a qualifying industrial zone,
                            Israel or United States, and a
                            statement as to the cost or value of
                            such materials.
                              (iv) A description of the operations
                            performed on, and a statement as to the
                            origin and cost or value of, any
                            foreign materials used in the article
                            which are claimed to have been
                            sufficiently processed in the West
                            Bank, the Gaza Strip, a qualifying
                            industrial zone, or Israel so as to be
                            materials produced in the West Bank,
                            the Gaza Strip, a qualifying industrial
                            zone, or Israel.
                              (v) A description of the origin and
                            cost or value of any foreign materials
                            used in the article which have not been
                            substantially transformed in the West
                            Bank, the Gaza Strip, or a qualifying
                            industrial zone.
        (c) Shipment of Articles of Israel Through West Bank or
    Gaza Strip.--The President is authorized to proclaim that
    articles of Israel may be treated as though they were articles
    directly shipped from Israel for the purposes of the Agreement
    even if shipped to the United States from the West Bank, the
    Gaza Strip, or a qualifying industrial zone, if the articles
    otherwise meet the requirements of the Agreement.
        (d) Treatment of Cost or Value of Materials.--The President
    is authorized to proclaim that the cost or value of materials
    produced in the West Bank, the Gaza Strip, or a qualifying
    industrial zone may be included in the cost or value of
    materials produced in Israel under section 1(c)(i) of Annex 3
    of the Agreement, and the direct costs of processing operations
    performed in the West Bank, the Gaza Strip, or a qualifying
    industrial zone may be included in the direct costs of
    processing operations performed in Israel under section
    1(c)(ii) of Annex 3 of the Agreement.
        (e) Qualifying Industrial Zone Defined.--For purposes of
    this section, a ``qualifying industrial zone'' means any area
    that--
              (1) encompasses portions of the territory of Israel
            and Jordan or Israel and Egypt;
              (2) has been designated by local authorities as an
            enclave where merchandise may enter without payment of
            duty or excise taxes; and
              (3) has been specified by the President as a
            qualifying industrial zone.
                 (5) Report on Free Trade Agreement with Israel

    Partial text of Public Law 107-210 [Trade Act of 2002; H.R. 3009], 116
                       Stat. 933, approved August 6, 2002

     AN ACT To extend the Andean Trade Preference Act, to grant additional
             trade benefits under that Act, and for other purposes.

              * * * * * * *

    SEC. 3105. REPORT ON FREE TRADE AGREEMENT WITH ISRAEL.

      (a) Report to Congress.--The United States Trade
    Representative shall review the implementation of the United
    States-Israel Free Trade Agreement and shall submit to the
    Speaker of the House of Representatives, the President of the
    Senate, the Committee on Ways and Means of the House of
    Representatives, and the Committee on Finance of the Senate a
    report on the results of such review.
      (b) Contents of Report.--The report under subsection (a)
    shall include the following:
              (1) A review of the terms of the United States-Israel
            Free Trade Agreement, particularly the terms with
            respect to market access commitments.
              (2) A review of subsequent agreements which may have
            been reached between the parties to the Agreement and
            of unilateral concessions of additional benefits
            received by each party from the other.
              (3) A review of any current negotiations between the
            parties to the Agreement with respect to implementation
            of the Agreement and other pertinent matters.
              (4) An assessment of the degree of fulfillment of
            obligations under the Agreement by the United States
            and Israel.
              (5) An assessment of improvements in structuring
            future trade agreements that should be considered based
            on the experience of the United States under the
            Agreement.
      (c) Timing of Report.--The United States Trade Representative
    shall submit the report under subsection (a) not later than 6
    months after the date of the enactment of this Act.
      (d) Definition.--In this section, the terms ``United States-
    Israel Free Trade Agreement'' and ``Agreement'' means the
    Agreement on the Establishment of a Free Trade Area between the
    Government of the United States of America and the Government
    of Israel entered into on April 22, 1985.
              * * * * * * *
                             (6) Trade with Israel

    Partial text of Title IV of Public Law 98-573 [Trade and Tariff Act of
    1984; H.R. 3398], 98 Stat. 2948 at 3013, approved October 30, 1984; as
    amended by Public Law 99-47 [H.R. 2268], 99 Stat. 82, approved June 11,
    1985; Public Law 99-514 [Tax Reform Act of 1986; H.R. 3838], 100 Stat.
        2085 at 2926, approved October 22, 1986; and Public Law 100-418
     [Omnibus Trade and Competitiveness Act of 1988; H.R. 4848], 102 Stat.
                         1107, approved August 23, 1988

      AN ACT To amend the trade laws, authorize the negotiation of trade
    agreements, extend trade preferences, change the tariff treatment with
              respect to certain articles, and for other purposes.

              * * * * * * *

                          TITLE IV--TRADE WITH ISRAEL

    SEC. 401.\1\ NEGOTIATION OF TRADE AGREEMENTS TO REDUCE TRADE BARRIERS.
                        * * *

    SEC. 402.\2\ CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES.

        (a)(1) The reduction or elimination of any duty imposed on
    any article by the United States provided for in a trade
    agreement entered into with Israel under section 102(b)(1) of
    the Trade Act of 1974 shall apply only if--
    ---------------------------------------------------------------------------
        \1\ Sec. 401 amended sec. 102 of the Trade Act of 1974.
        \2\ 19 U.S.C. 2112 note.
    ---------------------------------------------------------------------------
              (A) that article is the growth, product, or
            manufacture of Israel or is a new or different article
            of commerce that has been grown, produced, or
            manufactured in Israel;
              (B) that article is imported directly from Israel
            into the customs territory of the United States; and
              (C) the sum of--
                      (i) the cost of value of the materials
                    produced in Israel, plus
                      (ii) the direct costs of processing
                    operations performed in Israel,
            is not less than 35 percent of the appraised value of
            such article at the time it is entered.
    If the cost or value of materials produced in the customs
    territory of the United States is included with respect to an
    article to which this subsection applies, an amount not to
    exceed 15 percent of the appraised value of the article at the
    time it is entered that is attributable to such United States
    cost or value may be applied toward determining the percentage
    referred to in subparagraph (C).
        (2) No article may be considered to meet the requirements
    of paragraph (1)(A) by virtue of having merely undergone--
              (A) simple combining or packaging operations; or
              (B) mere dilution with water or mere dilution with
            another substance that does not materially alter the
            characteristics of the article.
        (b) As used in this section, the phrase ``direct costs of
    processing operations'' includes, but is not limited to--
              (1) all actual labor costs involved in the growth,
            production, manufacture, or assembly of the specific
            merchandise, including fringe benefits, on-the-job
            training and the cost of engineering, supervisory,
            quality control, and similar personnel; and
              (2) dies, molds, tooling, and depreciation on
            machinery and equipment which are allocable to the
            specific merchandise.
    Such phrase does not include costs which are not directly
    attributable to the merchandise concerned, or are not costs of
    manufacturing the product, such as (A) profit, and (B) general
    expenses of doing business which are either not allocable to
    the specific merchandise or are not related to the growth,
    production, manufacture, or assembly of the merchandise, such
    as administrative salaries, casualty and liability insurance,
    advertising, and salesmen's salaries, commissions or expenses.
        (c) Regulations.--The Secretary of the Treasury, after
    consultation with the United States Trade Representative, shall
    prescribe such regulations as may be necessary to carry out
    this section.

    SEC. 403.\2\ APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS.

        (a) Suspension of Duty-Free Treatment.--The President may
    by proclamation suspend the reduction or elimination of any
    duty provided under any trade agreement provision entered into
    with Israel under the authority of section 102(b)(1) of the
    Trade Act of 1974 with respect to any article and may proclaim
    a duty rate for such article if such action is proclaimed under
    section 203 of the Trade Act of 1974 or section 232 of the
    Trade Expansion Act of 1962.
        (b) ITC Reports.--In any report by the United States
    International Trade Commission (hereinafter referred to in this
    title as the ``Commission'') to the President under section
    202(f) \3\ of the Trade Act of 1974 regarding any article for
    which a reduction or elimination of any duty is provided under
    a trade agreement entered into with Israel under section
    102(b)(1) of the Trade Act of 1974, the Commission shall state
    whether and to what extent its findings or recommendations
    apply to such an article when imported from Israel.
    ---------------------------------------------------------------------------
        \3\ Sec. 1401(b)(3)(i)(I) of Public Law 100-418 (102 Stat. 1240)
    struck out ``section 201(d)(1)'' and inserted in lieu thereof ``section
    202(f)''.
    ---------------------------------------------------------------------------
        (c) For purposes of \4\ section 203 of the Trade Act of
    1974, the suspension of the reduction or elimination of a duty
    under subsection (a) shall be treated as an increase in duty.
    ---------------------------------------------------------------------------
        \4\ Sec. 1401(b)(3)(i)(II) of Public Law 100-418 (102 Stat. 1240)
    struck out ``subsections (a) and (c) of'' which previously appeared
    following this point.
    ---------------------------------------------------------------------------
        (d) No proclamation which provides solely for a suspension
    referred to in subsection (a) with respect to any article shall
    be made under \4\ section 203 of the Trade Act of 1974 unless
    the Commission, in addition to making an affirmative
    determination with respect to such article under section 202(b)
    \5\ of the Trade Act of 1974, determines in the course of its
    investigation under that section that the serious injury (or
    threat thereof) substantially caused by imports to the domestic
    industry producing a like or directly competitive article
    results from the reduction or elimination of any duty provided
    under any trade agreement provision entered into with Israel
    under section 102(b)(1) of the Trade Act of 1974.
    ---------------------------------------------------------------------------
        \5\ Sec. 1401(b)(3) of Public Law 100-418 (102 Stat. 1240) struck
    out ``201(b)'' and inserted in lieu thereof ``202(b)''.
    ---------------------------------------------------------------------------
        (e)(1) Any proclamation issued under section 203 of the
    Trade Act of 1974 that is in effect when an agreement with
    Israel is entered into under section 102(b)(1) of the Trade Act
    of 1974 shall remain in effect until modified or terminated.
        (2) If any article is subject to import relief at the time
    an agreement is entered into with Israel under section
    102(b)(1) of the Trade Act of 1974, the President may reduce or
    terminate the application of such import relief to the
    importation of such article before the otherwise scheduled date
    on which such reduction or termination would occur pursuant to
    the criteria and procedures of sections 203 and 204 \6\ of the
    Trade Act of 1974.
    ---------------------------------------------------------------------------
        \6\ Sec. 1401(b)(3) of Public Law 100-418 (102 Stat. 1240) struck
    out ``subsections (h) and (i) of section 203'' and inserted in lieu
    thereof ``sections 203 and 204''.
    ---------------------------------------------------------------------------

    SEC. 404.\2\ FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES.

        (a) If a petition is filed with the Commission under the
    provisions of section 202(a) \7\ of the Trade Act of 1974
    regarding a perishable product which is subject to any
    reduction or elimination of a duty imposed by the United States
    under a trade agreement entered into with Israel under section
    102(b)(1) of the Trade Act of 1974 and alleges injury from
    imports of that product, then the petition may also be filed
    with the Secretary of Agriculture with a request that emergency
    relief be granted under subsection (c) with respect to such
    article.
    ---------------------------------------------------------------------------
        \7\ Sec. 1401(b)(3)(ii)(II) of Public Law 100-418 (102 Stat. 1240)
    struck out ``section 201'' and inserted in lieu thereof ``section
    202(a)''.
    ---------------------------------------------------------------------------
        (b) Within 14 days after the filing of a petition under
    subsection (a)--
              (1) if the Secretary of Agriculture has reason to
            believe that a perishable product from Israel is being
            imported into the United States in such increased
            quantities as to be a substantial cause of serious
            injury, or the threat thereof, to the domestic industry
            producing a perishable product like or directly
            competitive with the imported product and that
            emergency action is warranted, he shall advise the
            President and recommend that the President take
            emergency action; or
              (2) the Secretary of Agriculture shall publish notice
            of his determination not to recommend the imposition of
            emergency action and so advise the petitioner.
        (c) Within 7 days after the President receives a
    recommendation from the Secretary of Agriculture to take
    emergency action under subsection (b), he shall issue a
    proclamation withdrawing the reduction or elimination of duty
    provided to the perishable product under any trade agreement
    provision entered into under section 102(b)(1) of the Trade Act
    of 1974 or publish a notice of his determination not to take
    emergency action.
        (d) The emergency action provided under subsection (c)
    shall cease to apply--
              (1) upon the taking of action under section 203 \8\
            of the Trade Act of 1974;
    ---------------------------------------------------------------------------
        \8\ Sec. 1401(b)(3)(ii) of Public Law 100-418 (102 Stat. 1240)
    struck out ``proclamation of import relief under section 202(a)(1)'',
    and inserted in lieu thereof ``upon the taking of action under section
    203'', and restated subsec. (d)(2). Subsec. (d)(2) previously read as
    follows:
        ``(2) on the day the President makes a determination under section
    203(b)(2) of such Act not to impose import relief;''.
    ---------------------------------------------------------------------------
              (2) \8\ on the day a determination of the President
            under section 203 of such Act not to take action
            becomes final;
              (3) in the event of a report of the Commission
            containing a negative finding, on the day the
            Commission's report is submitted to the President; or
              (4) Whenever the President determines that because of
            changed circumstances such relief is no longer
            warranted.
        (e) For purposes of this section, the term ``perishable
    products'' means any--
              (1) \9\ live plants and fresh cut flowers provided
            for in chapter 6 of the Harmonized Tariff Schedule of
            the United States (19 U.S.C. 1202, hereinafter referred
            to as the ``HTS'');
    ---------------------------------------------------------------------------
        \9\ Sec. 1214(s)(4) of Public Law 100-418 (102 Stat. 1160) amended
    and restated paras. (1) and (2), struck out paras. (3), (4), (5), and
    (6), and inserted a new para. (3).
    ---------------------------------------------------------------------------
              (2) \9\ vegetables, edible nuts or fruit provided for
            in chapters 7 and 8, heading 1105, subheadings
            1106.10.00 and 1106.30, heading 1202, subheadings
            1214.90.00 and 1704.90.60, headings 2001 through 2008
            (excluding subheadings 2001.90.20 and 2004.90.10) and
            subheading 2103.20.40 of the HTS;
              (3) \9\ concentrated citrus fruit juice provided for
            in subheadings 2009.11.00, 2009.19.40, 2009.20.40,
            2009.30.20, and 2009.30.60 of the HTS.
        (f) No trade agreement entered into with Israel under
    section 102(b)(1) of the Trade Act of 1974 shall affect fees
    imposed under section 22 of the Agricultural Adjustment Act (7
    U.S.C. 624).

    SEC. 405.\10\ CONSTRUCTION OF TITLE.

        Neither the taking effect of any trade agreement provision
    entered into with Israel under section 102(b)(1), nor any
    proclamation issued to implement any such provision, may affect
    in any manner, or to any extent, the application to any Israeli
    articles of section 232 of the Trade Expansion Act of 1962,
    section 337 of title VII of the Tariff Act of 1930, chapter 1
    of title II and chapter 1 of title III of the Trade Act of
    1974, or any other provision of law under which relief from
    injury caused by import competition or by unfair import trade
    practices may be sought.
    ---------------------------------------------------------------------------
        \10\ 19 U.S.C. 2112 note. Sec. 8(a)(3) of the U.S.-Israel Free
    Trade Area Implementation Act (Public Law 99-47; 99 Stat. 84)
    redesignated sec. 406 as sec. 405.
            (7) Exemption of Israeli Products From Certain User Fees

    Partial text of Public Law 101-382 [Customs and Trade Act of 1990; H.R.
           1594], 104 Stat. 629 at 639, approved August 20, 1990 \1\

      AN ACT To make miscellaneous and technical changes to various trade
                                     laws.

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

    SEC. 112.\2\ EXEMPTION OF ISRAELI PRODUCTS FROM CERTAIN USER FEES.

        If the United States Trade Representative determines that
    the Government of Israel has provided reciprocal concessions in
    exchange for the exemption of the products of Israel from the
    fees imposed under section 13031(a) (9) and (10) of the
    Consolidated Omnibus Budget Reconciliation Act of 1985 (as
    amended by section 111), such fees may not be charged with
    respect to any product of Israel that is entered, or withdrawn
    from warehouse for consumption, on or after the 15th day (which
    day may not be before October 1, 1990) after the date on which
    the determination is published in the Federal Register.
    ---------------------------------------------------------------------------
        \1\ Sec. 138 of this Act, relating to economic sanctions against
    products of Burma, may be found at page 1650.
        \2\ 19 U.S.C. 58c note.
    ---------------------------------------------------------------------------
              * * * * * * *
                      f. U.S. Trade With Asia and Pacific

      (1) United States-Australia Free Trade Agreement Implementation Act

    Partial text of Public Law 108-286 [H.R. 4759], 118 Stat. 919, approved
                                 August 3, 2004

     AN ACT To implement the United States-Australia Free Trade Agreement.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.\1\ --This Act may be cited as the ``United
    States-Australia Free Trade Agreement Implementation Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3805 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--* * *

    SEC. 2.\1\ PURPOSES.

        The purposes of this Act are--
              (1) to approve and implement the Free Trade Agreement
            between the United States and Australia, entered into
            under the authority of section 2103(b) of the
            Bipartisan Trade Promotion Authority Act of 2002 (19
            U.S.C. 3803(b));
              (2) to strengthen and develop economic relations
            between the United States and Australia for their
            mutual benefit;
              (3) to establish free trade between the 2 nations
            through the reduction and elimination of barriers to
            trade in goods and services and to investment; and
              (4) to lay the foundation for further cooperation to
            expand and enhance the benefits of such Agreement.

    SEC. 3.\1\ DEFINITIONS.

        In this Act:
              (1) Agreement.--The term ``Agreement'' means the
            United States-Australia Free Trade Agreement approved
            by Congress under section 101(a)(1).
              (2) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.
              (3) Textile or apparel good.--The term ``textile or
            apparel good'' means a good listed in the Annex to the
            Agreement on Textiles and Clothing referred to in
            section 101(d)(4) of the Uruguay Round Agreements Act
            (19 U.S.C. 3511(d)(4)).

    TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

    SEC. 101.\1\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

        (a) Approval of Agreement and Statement of Administrative
    Action.--Pursuant to section 2105 of the Bipartisan Trade
    Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
    151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress
    approves--
              (1) the United States-Australia Free Trade Agreement
            entered into on May 18, 2004, with the Government of
            Australia and submitted to Congress on July 6, 2004;
            and
              (2) the statement of administrative action proposed
            to implement the Agreement that was submitted to
            Congress on July 6, 2004.
        (b) Conditions for Entry Into Force of the Agreement.--At
    such time as the President determines that Australia has taken
    measures necessary to bring it into compliance with those
    provisions of the Agreement that are to take effect on the date
    on which the Agreement enters into force, the President is
    authorized to exchange notes with the Government of Australia
    providing for the entry into force, on or after January 1,
    2005, of the Agreement with respect to the United States.

    SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
                        LAW.

        (a) Relationship of Agreement to United States Law.--
              (1) United states law to prevail in conflict.--No
            provision of the Agreement, nor the application of any
            such provision to any person or circumstance, which is
            inconsistent with any law of the United States shall
            have effect.
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States, or
                      (B) to limit any authority conferred under
                    any law of the United States, unless
                    specifically provided for in this Act.
        (b) Relationship of Agreement to State Law.--
              (1) Legal challenge.--No State law, or the
            application thereof, may be declared invalid as to any
            person or circumstance on the ground that the provision
            or application is inconsistent with the Agreement,
            except in an action brought by the United States for
            the purpose of declaring such law or application
            invalid.
              (2) Definition of state law.--For purposes of this
            subsection, the term ``State law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
        (c) Effect of Agreement With Respect to Private Remedies.--
    No person other than the United States--
              (1) shall have any cause of action or defense under
            the Agreement or by virtue of congressional approval
            thereof; or
              (2) may challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State, on the ground that such action or inaction
            is inconsistent with the Agreement.

    SEC. 103.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
                        AND INITIAL REGULATIONS.

        (a) Implementing Actions.--
              (1) Proclamation authority.--After the date of the
            enactment of this Act--
                      (A) the President may proclaim such actions,
                    and
                      (B) other appropriate officers of the United
                    States Government may issue such regulations,
            as may be necessary to ensure that any provision of
            this Act, or amendment made by this Act, that takes
            effect on the date the Agreement enters into force is
            appropriately implemented on such date, but no such
            proclamation or regulation may have an effective date
            earlier than the date on which the Agreement enters
            into force.
              (2) Effective date of certain proclaimed actions.--
            Any action proclaimed by the President under the
            authority of this Act that is not subject to the
            consultation and layover provisions under section 104,
            may not take effect before the 15th day after the date
            on which the text of the proclamation is published in
            the Federal Register.
              (3) Waiver of 15-day restriction.--The 15-day
            restriction in paragraph (2) on the taking effect of
            proclaimed actions is waived to the extent that the
            application of such restriction would prevent the
            taking effect on the date the Agreement enters into
            force of any action proclaimed under this section.
        (b) Initial Regulations.--Initial regulations necessary or
    appropriate to carry out the actions required by or authorized
    under this Act or proposed in the statement of administrative
    action submitted under section 101(a)(2) to implement the
    Agreement shall, to the maximum extent feasible, be issued
    within 1 year after the date on which the Agreement enters into
    force. In the case of any implementing action that takes effect
    on a date after the date on which the Agreement enters into
    force, initial regulations to carry out that action shall, to
    the maximum extent feasible, be issued within 1 year after such
    effective date.

    SEC. 104.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
                        DATE OF, PROCLAIMED ACTIONS.

        If a provision of this Act provides that the implementation
    of an action by the President by proclamation is subject to the
    consultation and layover requirements of this section, such
    action may be proclaimed only if--
              (1) the President has obtained advice regarding the
            proposed action from--
                      (A) the appropriate advisory committees
                    established under section 135 of the Trade Act
                    of 1974 (19 U.S.C. 2155); and
                      (B) the United States International Trade
                    Commission;
              (2) the President has submitted a report to the
            Committee on Finance of the Senate and the Committee on
            Ways and Means of the House of Representatives that
            sets forth--
                      (A) the action proposed to be proclaimed and
                    the reasons therefor; and
                      (B) the advice obtained under paragraph (1);
              (3) a period of 60 calendar days, beginning on the
            first day on which the requirements set forth in
            paragraphs (1) and (2) have been met has expired; and
              (4) the President has consulted with such Committees
            regarding the proposed action during the period
            referred to in paragraph (3).

    SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

        (a) \1\ Establishment or Designation of Office.--The
    President is authorized to establish or designate within the
    Department of Commerce an office that shall be responsible for
    providing administrative assistance to panels established under
    chapter 21 of the Agreement. The office may not be considered
    to be an agency for purposes of section 552 of title 5, United
    States Code.
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated for each fiscal year after fiscal year 2004
    to the Department of Commerce such sums as may be necessary for
    the establishment and operations of the office under subsection
    (a) and for the payment of the United States share of the
    expenses of panels established under chapter 21 of the
    Agreement.

    SEC. 106.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.

        (a) Effective Dates.--Except as provided in subsection (b),
    the provisions of this Act and the amendments made by this Act
    take effect on the date on which the Agreement enters into
    force.
        (b) Exceptions.--Sections 1 through 3 and this title take
    effect on the date of the enactment of this Act.
        (c) Termination of the Agreement.--On the date on which the
    Agreement terminates, the provisions of this Act (other than
    this subsection) and the amendments made by this Act shall
    cease to be effective.

                        TITLE II--CUSTOMS PROVISIONS \2\
    ---------------------------------------------------------------------------

        \2\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE III--RELIEF FROM IMPORTS \3\
    ---------------------------------------------------------------------------

        \3\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note (Subtitle A--Relief from Imports Benefiting from the
    Agreement; Subtitle B--Textile and Apparel Safeguard Measures; Subtitle
    C--Cases Under Title II of the Trade Act of 1974).
    ---------------------------------------------------------------------------
              * * * * * * *

                           TITLE IV--PROCUREMENT \4\
    ---------------------------------------------------------------------------

        \4\ Title IV amends sec. 308(4)(A) of the Trade Agreements Act of
    1979 (19 U.S.C. 2518(4)(A)).
    ---------------------------------------------------------------------------
              * * * * * * *
      (2) United States-Singapore Free Trade Agreement Implementation Act

    Partial text of Public Law 108-78 [H.R. 2739], 117 Stat. 948, approved
                               September 3, 2003

     AN ACT To implement the United States-Singapore Free Trade Agreement.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.\1\ --This Act may be cited as the ``United
    States-Singapore Free Trade Agreement Implementation Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3805 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--* * *

    SEC. 2.\1\ PURPOSES.

      The purposes of this Act are--
              (1) to approve and implement the Free Trade Agreement
            between the United States and the Republic of Singapore
            entered into under the authority of section 2103(b) of
            the Bipartisan Trade Promotion Authority Act of 2002;
              (2) to strengthen and develop economic relations
            between the United States and Singapore for their
            mutual benefit;
              (3) to establish free trade between the 2 nations
            through the reduction and elimination of barriers to
            trade in goods and services and to investment; and
              (4) to lay the foundation for further cooperation to
            expand and enhance the benefits of such Agreement.

    SEC. 3.\1\ DEFINITIONS.

      In this Act:
              (1) Agreement.--The term ``Agreement'' means the
            United States-Singapore Free Trade Agreement approved
            by Congress under section 101(a).
              (2) HTS.--The term ``HTS'' means the Harmonized
            Tariff Schedule of the United States.

    TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

    SEC. 101.\1\ APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

      (a) Approval of Agreement and Statement of Administrative
    Action.--Pursuant to section 2105 of the Bipartisan Trade
    Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
    151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress
    approves--
              (1) the United States-Singapore Free Trade Agreement
            entered into on May 6, 2003, with the Government of
            Singapore and submitted to Congress on July 15, 2003;
            and
              (2) the statement of administrative action proposed
            to implement the Agreement that was submitted to
            Congress on July 15, 2003.
      (b) Conditions for Entry Into Force of the Agreement.--At
    such time as the President determines that Singapore has taken
    measures necessary to bring it into compliance with those
    provisions of the Agreement that take effect on the date on
    which the Agreement enters into force, the President is
    authorized to exchange notes with the Government of Singapore
    providing for the entry into force, on or after January 1,
    2004, of the Agreement for the United States.

    SEC. 102.\1\ RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
                        LAW.

      (a) Relationship of Agreement to United States Law.--
              (1) United states law to prevail in conflict.--No
            provision of the Agreement, nor the application of any
            such provision to any person or circumstance, which is
            inconsistent with any law of the United States shall
            have effect.
              (2) Construction.--Nothing in this Act shall be
            construed--
                      (A) to amend or modify any law of the United
                    States, or
                      (B) to limit any authority conferred under
                    any law of the United States,
            unless specifically provided for in this Act.
      (b) Relationship of Agreement to State Law.--
              (1) Legal challenge.--No State law, or the
            application thereof, may be declared invalid as to any
            person or circumstance on the ground that the provision
            or application is inconsistent with the Agreement,
            except in an action brought by the United States for
            the purpose of declaring such law or application
            invalid.
              (2) Definition of state law.--For purposes of this
            subsection, the term ``State law'' includes--
                      (A) any law of a political subdivision of a
                    State; and
                      (B) any State law regulating or taxing the
                    business of insurance.
      (c) Effect of Agreement With Respect to Private Remedies.--No
    person other than the United States--
              (1) shall have any cause of action or defense under
            the Agreement or by virtue of congressional approval
            thereof; or
              (2) may challenge, in any action brought under any
            provision of law, any action or inaction by any
            department, agency, or other instrumentality of the
            United States, any State, or any political subdivision
            of a State on the ground that such action or inaction
            is inconsistent with the Agreement.

    SEC. 103.\1\ CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE
                        DATE OF, PROCLAIMED ACTIONS.

      (a) Consultation and Layover Requirements.--If a provision of
    this Act provides that the implementation of an action by the
    President by proclamation is subject to the consultation and
    layover requirements of this section, such action may be
    proclaimed only if--
              (1) the President has obtained advice regarding the
            proposed action from--
                      (A) the appropriate advisory committees
                    established under section 135 of the Trade Act
                    of 1974; and
                      (B) the United States International Trade
                    Commission;
              (2) the President has submitted a report to the
            Committee on Finance of the Senate and the Committee on
            Ways and Means of the House of Representatives that
            sets forth--
                      (A) the action proposed to be proclaimed and
                    the reasons therefor; and
                      (B) the advice obtained under paragraph (1);
              (3) a period of 60 calendar days beginning on the
            first day on which the requirements of paragraphs (1)
            and (2) have been met has expired; and
              (4) the President has consulted with such Committees
            regarding the proposed action during the period
            referred to in paragraph (3).
      (b) Effective Date of Certain Proclaimed Actions.--Any action
    proclaimed by the President under the authority of this Act
    that is not subject to the consultation and layover provisions
    under subsection (a) may not take effect before the 15th day
    after the date on which the text of the proclamation is
    published in the Federal Register.

    SEC. 104.\1\ IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
                        AND INITIAL REGULATIONS.

      (a) Implementing Actions.--
              (1) Proclamation authority.--After the date of
            enactment of this Act--
                      (A) the President may proclaim such actions,
                    and
                      (B) other appropriate officers of the United
                    States Government may issue such regulations--
            as may be necessary to ensure that any provision of
            this Act, or amendment made by this Act, that takes
            effect on the date the Agreement enters into force is
            appropriately implemented on such date, but no such
            proclamation or regulation may have an effective date
            earlier than the date of entry into force.
              (2) Waiver of 15-day restriction.--The 15-day
            restriction in section 103(b) on the taking effect of
            proclaimed actions is waived to the extent that the
            application of such restriction would prevent the
            taking effect on the date the Agreement enters into
            force of any action proclaimed under this section.
      (b) Initial Regulations.--Initial regulations necessary or
    appropriate to carry out the actions required by or authorized
    under this Act or proposed in the statement of administrative
    action submitted under section 101(a)(2) to implement the
    Agreement shall, to the maximum extent feasible, be issued
    within 1 year after the date of entry into force of the
    Agreement. In the case of any implementing action that takes
    effect on a date after the date of entry into force of the
    Agreement, initial regulations to carry out that action shall,
    to the maximum extent feasible, be issued within 1 year after
    such effective date.

    SEC. 105.\1\ ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

      (a) Establishment or Designation of Office.--The President is
    authorized to establish or designate within the Department of
    Commerce an office that shall be responsible for providing
    administrative assistance to panels established under chapter
    20 of the Agreement. Such office may not be considered to be an
    agency for purposes of section 552 of title 5, United States
    Code.
      (b) Authorization of Appropriations.--There are authorized to
    be appropriated for each fiscal year after fiscal year 2003 to
    the Department of Commerce such sums as may be necessary for
    the establishment and operations of the office under subsection
    (a) and for the payment of the United States share of the
    expenses of panels established under chapter 20 of the
    Agreement.

    SEC. 106.\1\ ARBITRATION OF CERTAIN CLAIMS.

      (a) Submission of Certain Claims.--The United States is
    authorized to resolve any claim against the United States
    covered by article 15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C)
    of the Agreement, pursuant to the Investor-State Dispute
    Settlement procedures set forth in section C of chapter 15 of
    the Agreement.
      (b) Contract Clauses.--All contracts executed by any agency
    of the United States on or after the date of entry into force
    of the Agreement shall contain a clause specifying the law that
    will apply to resolve any breach of contract claim.

    SEC. 107.\1\ EFFECTIVE DATES; EFFECT OF TERMINATION.

      (a) Effective Dates.--Except as provided in subsection (b),
    the provisions of this Act and the amendments made by this Act
    take effect on the date the Agreement enters into force.
      (b) Exceptions.--
              (1) Sections 1 through 3 and this title take effect
            on the date of enactment of this Act.
              (2) Section 205 takes effect on the date on which the
            textile and apparel provisions of the Agreement take
            effect pursuant to article 5.10 of the Agreement.
      (c) Termination of the Agreement.--On the date on which the
    Agreement ceases to be in force, the provisions of this Act
    (other than this subsection) and the amendments made by this
    Act shall cease to be effective.

                        TITLE II--CUSTOMS PROVISIONS \2\
    ---------------------------------------------------------------------------

        \2\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE III--RELIEF FROM IMPORTS \3\
    ---------------------------------------------------------------------------

        \3\ Freestanding provisions in this title are codified at 19 U.S.C.
    3805 note (Subtitle A--Relief from Imports Benefiting from the
    Agreement; Subtitle B--Textile and Apparel Safeguard Measures; Subtitle
    C--Cases Under Title II of the Trade Act of 1974).
    ---------------------------------------------------------------------------
              * * * * * * *

                 TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS

    SEC. 401.\1\ NONIMMIGRANT TRADERS AND INVESTORS.

      Upon a basis of reciprocity secured by the Agreement, an
    alien who is a national of Singapore (and any spouse or child
    (as defined in section 101(b)(1) of the Immigration and
    Nationality Act (8 U.S.C. 1101(b)(1))) of such alien, if
    accompanying or following to join the alien) may, if otherwise
    eligible for a visa and if otherwise admissible into the United
    States under the Immigration and Nationality Act (8 U.S.C. 1101
    et seq.), be considered to be classifiable as a nonimmigrant
    under section 101(a)(15)(E) of such Act (8 U.S.C.
    1101(a)(15)(E)) if entering solely for a purpose specified in
    clause (i) or (ii) of such section 101(a)(15)(E). For purposes
    of this section, the term ``national'' has the meaning given
    such term in Annex 1A of the Agreement.

    SEC. 402.\4\ NONIMMIGRANT PROFESSIONALS. * * *
    ---------------------------------------------------------------------------

        \4\ Sec. 402 amends the sec. 214(g)(8) of the Immigration and
    Nationality Act (8 U.S.C. 1184(g)(8)).
    ---------------------------------------------------------------------------
              * * * * * * *
                 (3) United States-China Relations Act of 2000

    Partial text of Division B of Public Law 106-286 [H.R. 4444], 114 Stat.
       880, approved October 10, 2000; as amended by Public Law 107-228
    [Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
                    Stat. 1350, approved September 30, 2002

     AN ACT To authorize extension of nondiscriminatory treatment (normal
     trade relations treatment) to the People's Republic of China, and to
     establish a framework for relations between the United States and the
                          People's Republic of China.

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

    SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into two divisions as
    follows:
              (1) Division A--Normal trade relations for the
            People's Republic of China.
              (2) Division B--United States-China Relations.
        (b) Table of Contents.--* * *

     DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA

                        TITLE I--NORMAL TRADE RELATIONS

    SEC. 101.\1\ TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE
                        TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF
                        CHINA. * * *

              * * * * * * *

                   DIVISION B--UNITED STATES-CHINA RELATIONS

                          TITLE II--GENERAL PROVISIONS

    SEC. 201.\2\ SHORT TITLE OF DIVISION; TABLE OF CONTENTS OF DIVISION.

      (a) Short Title of Division.--This division may be cited as
    the ``U.S.-China Relations Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ Title I, Division A of this Act can be found on page 1176 of
    this volume.
        \2\ 22 U.S.C. 6901 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents of Division.--The table of contents of
    this division is as follows: * * *
              * * * * * * *

    SEC. 202.\3\ FINDINGS.

      The Congress finds the following:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 6901.
    ---------------------------------------------------------------------------
              (1) In 1980, the United States opened trade relations
            with the People's Republic of China by entering into a
            bilateral trade agreement, which was approved by joint
            resolution enacted pursuant to section 405(c) of the
            Trade Act of 1974.
              (2) Since 1980, the President has consistently
            extended nondiscriminatory treatment to products of the
            People's Republic of China, pursuant to his authority
            under section 404 of the Trade Act of 1974.
              (3) Since 1980, the United States has entered into
            several additional trade-related agreements with the
            People's Republic of China, including a memorandum of
            understanding on market access in 1992, two agreements
            on intellectual property rights protection in 1992 and
            1995, and an agreement on agricultural cooperation in
            1999.
              (4) Trade in goods between the People's Republic of
            China and the United States totaled almost
            $95,000,000,000 in 1999, compared with approximately
            $18,000,000,000 in 1989, representing growth of
            approximately 428 percent over 10 years.
              (5) The United States merchandise trade deficit with
            the People's Republic of China has grown from
            approximately $6,000,000,000 in 1989 to over
            $68,000,000,000 in 1999, a growth of over 1,000
            percent.
              (6) The People's Republic of China currently
            restricts imports through relatively high tariffs and
            nontariff barriers, including import licensing,
            technology transfer, and local content requirements.
              (7) United States businesses attempting to sell goods
            to markets in the People's Republic of China have
            complained of uneven application of tariffs, customs
            procedures, and other laws, rules, and administrative
            measures affecting their ability to sell their products
            in the Chinese market.
              (8) On November 15, 1999, the United States and the
            People's Republic of China concluded a bilateral
            agreement concerning terms of the People's Republic of
            China's eventual accession to the World Trade
            Organization.
              (9) The commitments that the People's Republic of
            China made in its November 15, 1999, agreement with the
            United States promise to eliminate or greatly reduce
            the principal barriers to trade with and investment in
            the People's Republic of China, if those commitments
            are effectively complied with and enforced.
              (10) The record of the People's Republic of China in
            implementing trade-related commitments has been mixed.
            While the People's Republic of China has generally met
            the requirements of the 1992 market access memorandum
            of understanding and the 1992 and 1995 agreements on
            intellectual property rights protection, other measures
            remain in place or have been put into place which tend
            to diminish the benefit to United States businesses,
            farmers, and workers from the People's Republic of
            China's implementation of those earlier commitments.
            Notably, administration of tariff-rate quotas and other
            trade-related laws remains opaque, new local content
            requirements have proliferated, restrictions on
            importation of animal and plant products are not always
            supported by sound science, and licensing requirements
            for importation and distribution of goods remain
            common. Finally, the Government of the People's
            Republic of China has failed to cooperate with the
            United States Customs Service in implementing a 1992
            memorandum of understanding prohibiting trade in
            products made by prison labor.
              (11) The human rights record of the People's Republic
            of China is a matter of very serious concern to the
            Congress. The Congress notes that the Department of
            State's 1999 Country Reports on Human Rights Practices
            for the People's Republic of China finds that ``[t]he
            Government's poor human rights record deteriorated
            markedly throughout the year, as the Government
            intensified efforts to suppress dissent, particularly
            organized dissent.''.
              (12) The Congress deplores violations by the
            Government of the People's Republic of China of human
            rights, religious freedoms, and worker rights that are
            referred to in the Department of State's 1999 Country
            Reports on Human Rights Practices for the People's
            Republic of China, including the banning of the Falun
            Gong spiritual movement, denial in many cases,
            particularly politically sensitive ones, of effective
            representation by counsel and public trials,
            extrajudicial killings and torture, forced abortion and
            sterilization, restriction of access to Tibet and
            Xinjiang, perpetuation of ``reeducation through
            labor'', denial of the right of workers to organize
            labor unions or bargain collectively with their
            employers, and failure to implement a 1992 memorandum
            of understanding prohibiting trade in products made by

    SEC. 203.\4\ POLICY.

      It is the policy of the United States--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 6902.
    ---------------------------------------------------------------------------
              (1) to develop trade relations that broaden the
            benefits of trade, and lead to a leveling up, rather
            than a leveling down, of labor, environmental,
            commercial rule of law, market access, anticorruption,
            and other standards across national borders;
              (2) to pursue effective enforcement of trade-related
            and other international commitments by foreign
            governments through enforcement mechanisms of
            international organizations and through the application
            of United States law as appropriate;
              (3) to encourage foreign governments to conduct both
            commercial and noncommercial affairs according to the
            rule of law developed through democratic processes;
              (4) to encourage the Government of the People's
            Republic of China to afford its workers internationally
            recognized worker rights;
              (5) to encourage the Government of the People's
            Republic of China to protect the human rights of people
            within the territory of the People's Republic of China,
            and to take steps toward protecting such rights,
            including, but not limited to--
                      (A) ratifying the International Covenant on
                    Civil and Political Rights;
                      (B) protecting the right to liberty of
                    movement and freedom to choose a residence
                    within the People's Republic of China and the
                    right to leave from and return to the People's
                    Republic of China; and
                      (C) affording a criminal defendant--
                              (i) the right to be tried in his or
                            her presence, and to defend himself or
                            herself in person or through legal
                            assistance of his or her own choosing;
                              (ii) the right to be informed, if he
                            or she does not have legal assistance,
                            of the right set forth in clause (i);
                              (iii) the right to have legal
                            assistance assigned to him or her in
                            any case in which the interests of
                            justice so require and without payment
                            by him or her in any such case if he or
                            she does not have sufficient means to
                            pay for it;
                              (iv) the right to a fair and public
                            hearing by a competent, independent,
                            and impartial tribunal established by
                            the law;
                              (v) the right to be presumed innocent
                            until proved guilty according to law;
                            and
                              (vi) the right to be tried without
                            undue delay; and
              (6) to highlight in the United Nations Human Rights
            Commission and in other appropriate fora violations of
            human rights by foreign governments and to seek the
            support of other governments in urging improvements in
            human rights practices.

    SEC. 204.\5\ DEFINITIONS.

      In this division:
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 6903.
    ---------------------------------------------------------------------------
              (1) Dispute settlement understanding.--The term
            ``Dispute Settlement Understanding'' means the
            Understanding on Rules and Procedures Governing the
            Settlement of Disputes referred to in section
            101(d)(16) of the Uruguay Round Agreements Act (19
            U.S.C. 3511(16)).
              (2) Government of the people's republic of china.--
            The term ``Government of the People's Republic of
            China'' means the central Government of the People's
            Republic of China and any other governmental entity,
            including any provincial, prefectural, or local entity
            and any enterprise that is controlled by the central
            Government or any such governmental entity or as to
            which the central Government or any such governmental
            entity is entitled to receive a majority of the
            profits.
              (3) Internationally recognized worker rights.--The
            term ``internationally recognized worker rights'' has
            the meaning given that term in section 507(4) of the
            Trade Act of 1974 (19 U.S.C. 2467(4)) and includes the
            right to the elimination of the ``worst forms of child
            labor'', as defined in section 507(6) of the Trade Act
            of 1974 (19 U.S.C. 2467(6)).
              (4) Trade representative.--The term ``Trade
            Representative'' means the United States Trade
            Representative.
              (5) WTO; world trade organization.--The terms ``WTO''
            and ``World Trade Organization'' mean the organization
            established pursuant to the WTO Agreement.
              (6) WTO agreement.--The term ``WTO Agreement'' means
            the Agreement Establishing the World Trade Organization
            entered into on April 15, 1994.
              (7) WTO member.--The term ``WTO member'' has the
            meaning given that term in section 2(10) of the Uruguay
            Round Agreements Act (19 U.S.C. 3501(10)).

    TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
                                    OF CHINA

    SEC. 301.\6\ ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE
                        PEOPLE'S REPUBLIC OF CHINA.

      There is established a Congressional-Executive Commission on
    the People's Republic of China (in this title referred to as
    the ``Commission'').
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 6911.
    ---------------------------------------------------------------------------

    SEC. 302.\7\ FUNCTIONS OF THE COMMISSION.

      (a) Monitoring Compliance With Human Rights.--The Commission
    shall monitor the acts of the People's Republic of China which
    reflect compliance with or violation of human rights, in
    particular, those contained in the International Covenant on
    Civil and Political Rights and in the Universal Declaration of
    Human Rights, including, but not limited to, effectively
    affording--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 6912.
    ---------------------------------------------------------------------------
              (1) the right to engage in free expression without
            fear of any prior restraints;
              (2) the right to peaceful assembly without
            restrictions, in accordance with international law;
              (3) religious freedom, including the right to worship
            free of involvement of and interference by the
            government;
              (4) the right to liberty of movement and freedom to
            choose a residence within the People's Republic of
            China and the right to leave from and return to the
            People's Republic of China;
              (5) the right of a criminal defendant--
                      (A) to be tried in his or her presence, and
                    to defend himself or herself in person or
                    through legal assistance of his or her own
                    choosing;
                      (B) to be informed, if he or she does not
                    have legal assistance, of the right set forth
                    in subparagraph (A);
                      (C) to have legal assistance assigned to him
                    or her in any case in which the interests of
                    justice so require and without payment by him
                    or her in any such case if he or she does not
                    have sufficient means to pay for it;
                      (D) to a fair and public hearing by a
                    competent, independent, and impartial tribunal
                    established by the law;
                      (E) to be presumed innocent until proved
                    guilty according to law; and
                      (F) to be tried without undue delay;
              (6) the right to be free from torture and other forms
            of cruel or unusual punishment;
              (7) protection of internationally recognized worker
            rights;
              (8) freedom from incarceration as punishment for
            political opposition to the government;
              (9) freedom from incarceration as punishment for
            exercising or advocating human rights (including those
            described in this section);
              (10) freedom from arbitrary arrest, detention, or
            exile;
              (11) the right to fair and public hearings by an
            independent tribunal for the determination of a
            citizen's rights and obligations; and
              (12) free choice of employment.
      (b) Victims Lists.--The Commission shall compile and maintain
    lists of persons believed to be imprisoned, detained, or placed
    under house arrest, tortured, or otherwise persecuted by the
    Government of the People's Republic of China due to their
    pursuit of the rights described in subsection (a). In compiling
    such lists, the Commission shall exercise appropriate
    discretion, including concerns regarding the safety and
    security of, and benefit to, the persons who may be included on
    the lists and their families.
      (c) Monitoring Development of Rule of Law.--The Commission
    shall monitor the development of the rule of law in the
    People's Republic of China, including, but not limited to--
              (1) progress toward the development of institutions
            of democratic governance;
              (2) processes by which statutes, regulations, rules,
            and other legal acts of the Government of the People's
            Republic of China are developed and become binding
            within the People's Republic of China;
              (3) the extent to which statutes, regulations, rules,
            administrative and judicial decisions, and other legal
            acts of the Government of the People's Republic of
            China are published and are made accessible to the
            public;
              (4) the extent to which administrative and judicial
            decisions are supported by statements of reasons that
            are based upon written statutes, regulations, rules,
            and other legal acts of the Government of the People's
            Republic of China;
              (5) the extent to which individuals are treated
            equally under the laws of the of the People's Republic
            of China without regard to citizenship;
              (6) the extent to which administrative and judicial
            decisions are independent of political pressure or
            governmental interference and are reviewed by entities
            of appellate jurisdiction; and
              (7) the extent to which laws in the People's Republic
            of China are written and administered in ways that are
            consistent with international human rights standards,
            including the requirements of the International
            Covenant on Civil and Political Rights.
      (d) Bilateral Cooperation.--The Commission shall monitor and
    encourage the development of programs and activities of the
    United States Government and private organizations with a view
    toward increasing the interchange of people and ideas between
    the United States and the People's Republic of China and
    expanding cooperation in areas that include, but are not
    limited to--
              (1) increasing enforcement of human rights described
            in subsection (a); and
              (2) developing the rule of law in the People's
            Republic of China.
      (e) Contacts With Nongovernmental Organizations.--In
    performing the functions described in subsections (a) through
    (d), the Commission shall, as appropriate, seek out and
    maintain contacts with nongovernmental organizations, including
    receiving reports and updates from such organizations and
    evaluating such reports.
      (f ) Cooperation With Special Coordinator.--In performing the
    functions described in subsections (a) through (d), the
    Commission shall cooperate with the Special Coordinator for
    Tibetan Issues in the Department of State.
      (g) Annual Reports.--The Commission shall issue a report to
    the President and the Congress not later than 12 months after
    the date of the enactment of this Act, and not later than the
    end of each 12-month period thereafter, setting forth the
    findings of the Commission during the preceding 12-month
    period, in carrying out subsections (a) through (c). The
    Commission's report may contain recommendations for legislative
    or executive action.
      (h) Specific Information in Annual Reports.--The Commission's
    report under subsection (g) shall include--
              (1) \8\ specific information as to the nature and
            implementation of laws or policies concerning the
            rights set forth in paragraphs (1) through (12) of
            subsection (a), and as to restrictions applied to or
            discrimination against persons exercising any of the
            rights set forth in such paragraphs; and
    ---------------------------------------------------------------------------
        \8\ Sec. 615 of the Tibet Policy Act of 2002 (subtitle B of title
    VI of Public Law 107-228; 116 Stat. 1396) struck out ``shall include
    specific information'', and inserted in lieu thereof ``shall include--
    (1) specific information'', and added para. (2).
    ---------------------------------------------------------------------------
              (2) \8\ a description of the status of negotiations
            between the Government of the People's Republic of
            China and the Dalai Lama or his representatives, and
            measures taken to safeguard Tibet's distinct
            historical, religious, cultural, and linguistic
            identity and the protection of human rights.
      (i) Congressional Hearings on Annual Reports.--(1) The
    Committee on International Relations of the House of
    Representatives shall, not later than 30 days after the receipt
    by the Congress of the report referred to in subsection (g),
    hold hearings on the contents of the report, including any
    recommendations contained therein, for the purpose of receiving
    testimony from Members of Congress, and such appropriate
    representatives of Federal departments and agencies, and
    interested persons and groups, as the committee deems
    advisable, with a view to reporting to the House of
    Representatives any appropriate legislation in furtherance of
    such recommendations. If any such legislation is considered by
    the Committee on International Relations within 45 days after
    receipt by the Congress of the report referred to in subsection
    (g), it shall be reported by the committee not later than 60
    days after receipt by the Congress of such report.
      (2) The provisions of paragraph (1) are enacted by the
    Congress--
              (A) as an exercise of the rulemaking power of the
            House of Representatives, and as such are deemed a part
            of the rules of the House, and they supersede other
            rules only to the extent that they are inconsistent
            therewith; and
              (B) with full recognition of the constitutional right
            of the House to change the rules (so far as relating to
            the procedure of the House) at any time, in the same
            manner and to the same extent as in the case of any
            other rule of the House.
      (j) Supplemental Reports.--The Commission may submit to the
    President and the Congress reports that supplement the reports
    described in subsection (g), as appropriate, in carrying out
    subsections (a) through (c).

    SEC. 303.\9\ MEMBERSHIP OF THE COMMISSION.

      (a) Selection and Appointment of Members.--The Commission
    shall be composed of 23 members as follows:
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 6913.
    ---------------------------------------------------------------------------
              (1) Nine Members of the House of Representatives
            appointed by the Speaker of the House of
            Representatives. Five members shall be selected from
            the majority party and four members shall be selected,
            after consultation with the minority leader of the
            House, from the minority party.
              (2) Nine Members of the Senate appointed by the
            President of the Senate. Five members shall be
            selected, after consultation with the majority leader
            of the Senate, from the majority party, and four
            members shall be selected, after consultation with the
            minority leader of the Senate, from the minority party.
              (3) One representative of the Department of State,
            appointed by the President of the United States from
            among officers and employees of that Department.
              (4) One representative of the Department of Commerce,
            appointed by the President of the United States from
            among officers and employees of that Department.
              (5) One representative of the Department of Labor,
            appointed by the President of the United States from
            among officers and employees of that Department.
              (6) Two at-large representatives, appointed by the
            President of the United States, from among the officers
            and employees of the executive branch.
      (b) Chairman and Cochairman.--
              (1) Designation of chairman.--At the beginning of
            each odd-numbered Congress, the President of the
            Senate, on the recommendation of the majority leader,
            shall designate one of the members of the Commission
            from the Senate as Chairman of the Commission. At the
            beginning of each even-numbered Congress, the Speaker
            of the House of Representatives shall designate one of
            the members of the Commission from the House as
            Chairman of the Commission.
              (2) Designation of cochairman.--At the beginning of
            each odd-numbered Congress, the Speaker of the House of
            Representatives shall designate one of the members of
            the Commission from the House as Cochairman of the
            Commission. At the beginning of each even-numbered
            Congress, the President of the Senate, on the
            recommendation of the majority leader, shall designate
            one of the members of the Commission from the Senate as
            Cochairman of the Commission.

    SEC. 304.\10\ VOTES OF THE COMMISSION.

      Decisions of the Commission, including adoption of reports
    and recommendations to the executive branch or to the Congress,
    shall be made by a majority vote of the members of the
    Commission present and voting. Two-thirds of the Members of the
    Commission shall constitute a quorum for purposes of conducting
    business.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 6914.
    ---------------------------------------------------------------------------

    SEC. 305.\11\ EXPENDITURE OF APPROPRIATIONS.

      For each fiscal year for which an appropriation is made to
    the Commission, the Commission shall issue a report to the
    Congress on its expenditures under that appropriation.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 6915.
    ---------------------------------------------------------------------------

    SEC. 306.\12\ TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE
                        OF SUBPOENAS; ADMINISTRATION OF OATHS.

      In carrying out this title, the Commission may require, by
    subpoena or otherwise, the attendance and testimony of such
    witnesses and the production of such books, records,
    correspondence, memoranda, papers, documents, and
    electronically recorded data as it considers necessary.
    Subpoenas may be issued only pursuant to a two-thirds vote of
    members of the Commission present and voting. Subpoenas may be
    issued over the signature of the Chairman of the Commission or
    any member designated by the Chairman, and may be served by any
    person designated by the Chairman or such member. The Chairman
    of the Commission, or any member designated by the Chairman,
    may administer oaths to any witness.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 6916.
    ---------------------------------------------------------------------------

    SEC. 307.\13\ APPROPRIATIONS FOR THE COMMISSION.

      (a) Authorization; Disbursements.--
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 6917.
    ---------------------------------------------------------------------------
              (1) Authorization.--There are authorized to be
            appropriated to the Commission for fiscal year 2001,
            and each fiscal year thereafter, such sums as may be
            necessary to enable it to carry out its functions.
            Appropriations to the Commission are authorized to
            remain available until expended.
              (2) Disbursements.--Appropriations to the Commission
            shall be disbursed on vouchers approved--
                      (A) jointly by the Chairman and the
                    Cochairman; or
                      (B) by a majority of the members of the
                    personnel and administration committee
                    established pursuant to section 308.
      (b) Foreign Travel for Official Purposes.--Foreign travel for
    official purposes by members and staff of the Commission may be
    authorized by either the Chairman or the Cochairman.

    SEC. 308.\14\ STAFF OF THE COMMISSION.

      (a) Personnel and Administration Committee.--The Commission
    shall have a personnel and administration committee composed of
    the Chairman, the Cochairman, the senior member of the
    Commission from the minority party of the House of
    Representatives, and the senior member of the Commission from
    the minority party of the Senate.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 6918.
    ---------------------------------------------------------------------------
      (b) Committee Functions.--All decisions pertaining to the
    hiring, firing, and fixing of pay of personnel of the
    Commission shall be by a majority vote of the personnel and
    administration committee, except that--
              (1) the Chairman shall be entitled to appoint and fix
            the pay of the staff director, and the Cochairman shall
            be entitled to appoint and fix the pay of the
            Cochairman's senior staff member; and
              (2) the Chairman and Cochairman shall each have the
            authority to appoint, with the approval of the
            personnel and administration committee, at least four
            professional staff members who shall be responsible to
            the Chairman or the Cochairman (as the case may be) who
            appointed them.
    Subject to subsection (d), the personnel and administration
    committee may appoint and fix the pay of such other personnel
    as it considers desirable.
      (c) Staff Appointments.--All staff appointments shall be made
    without regard to the provisions of title 5, United States
    Code, governing appointments in the competitive service, and
    without regard to the provisions of chapter 51 and subchapter
    III of chapter 53 of such title relating to classification and
    general schedule pay rates.
      (d) Qualifications of Professional Staff.--The personnel and
    administration committee shall ensure that the professional
    staff of the Commission consists of persons with expertise in
    areas including human rights, internationally recognized worker
    rights, international economics, law (including international
    law), rule of law and other foreign assistance programming,
    Chinese politics, economy and culture, and the Chinese
    language.
      (e) Commission Employees as Congressional Employees.--
              (1) In general.--For purposes of pay and other
            employment benefits, rights, and privileges, and for
            all other purposes, any employee of the Commission
            shall be considered to be a congressional employee as
            defined in section 2107 of title 5, United States Code.
              (2) Competitive status.--For purposes of section
            3304(c)(1) of title 5, United States Code, employees of
            the Commission shall be considered as if they are in
            positions in which they are paid by the Secretary of
            the Senate or the Clerk of the House of
            Representatives.

    SEC. 309.\15\ PRINTING AND BINDING COSTS.

      For purposes of costs relating to printing and binding,
    including the costs of personnel detailed from the Government
    Printing Office, the Commission shall be deemed to be a
    committee of the Congress.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 6919.
    ---------------------------------------------------------------------------

       TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF
                            CHINA'S WTO COMMITMENTS

     Subtitle A--Review of Membership of the People's Republic of China in
                                    the WTO

    SEC. 401.\16\ REVIEW WITHIN THE WTO.

      It shall be the objective of the United States to obtain as
    part of the Protocol of Accession of the People's Republic of
    China to the WTO, an annual review within the WTO of the
    compliance by the People's Republic of China with its terms of
    accession to the WTO.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 6931.
    ---------------------------------------------------------------------------

     Subtitle B--Authorization To Promote Compliance With Trade Agreements

    SEC. 411.\17\ FINDINGS.

      The Congress finds as follows:
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 6941.
    ---------------------------------------------------------------------------
              (1) The opening of world markets through the
            elimination of tariff and nontariff barriers has
            contributed to a 56-percent increase in exports of
            United States goods and services since 1992.
              (2) Such export expansion, along with an increase in
            trade generally, has helped fuel the longest economic
            expansion in United States history.
              (3) The United States Government must continue to be
            vigilant in monitoring and enforcing the compliance by
            our trading partners with trade agreements in order for
            United States businesses, workers, and farmers to
            continue to benefit from the opportunities created by
            market-opening trade agreements.
              (4) The People's Republic of China, as part of its
            accession to the World Trade Organization, has
            committed to eliminating significant trade barriers in
            the agricultural, services, and manufacturing sectors
            that, if realized, would provide considerable
            opportunities for United States farmers, businesses,
            and workers.
              (5) For these opportunities to be fully realized, the
            United States Government must effectively monitor and
            enforce its rights under the agreements on the
            accession of the People's Republic of China to the WTO.

    SEC. 412.\18\ PURPOSE.

      The purpose of this subtitle is to authorize additional
    resources for the agencies and departments engaged in
    monitoring and enforcement of United States trade agreements
    and trade laws with respect to the People's Republic of China.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 6942.
    ---------------------------------------------------------------------------

    SEC. 413.\19\ AUTHORIZATION OF APPROPRIATIONS.

      (a) Department of Commerce.--There is authorized to be
    appropriated to the Department of Commerce, in addition to
    amounts otherwise available for such purposes, such sums as may
    be necessary for fiscal year 2001, and each fiscal year
    thereafter, for additional staff for--
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 6943.
    ---------------------------------------------------------------------------
              (1) monitoring compliance by the People's Republic of
            China with its commitments under the WTO, assisting
            United States negotiators with ongoing negotiations in
            the WTO, and defending United States antidumping and
            countervailing duty measures with respect to products
            of the People's Republic of China;
              (2) enforcement of United States trade laws with
            respect to products of the People's Republic of China;
            and
              (3) a Trade Law Technical Assistance Center to assist
            small- and medium-sized businesses, workers, and unions
            in evaluating potential remedies available under the
            trade laws of the United States with respect to trade
            involving the People's Republic of China.
      (b) Overseas Compliance Program.--
              (1) Authorization of appropriation.--There are
            authorized to be appropriated to the Department of
            Commerce and the Department of State, in addition to
            amounts otherwise available, such sums as may be
            necessary for fiscal year 2001, and each fiscal year
            thereafter, to provide staff for monitoring in the
            People's Republic of China that country's compliance
            with its international trade obligations and to support
            the enforcement of the trade laws of the United States,
            as part of an Overseas Compliance Program which
            monitors abroad compliance with international trade
            obligations and supports the enforcement of United
            States trade laws.
              (2) Reporting.--The annual report on compliance by
            the People's Republic of China submitted to the
            Congress under section 421 of this Act shall include
            the findings of the Overseas Compliance Program with
            respect to the People's Republic of China.
      (c) United States Trade Representative.--There are authorized
    to be appropriated to the Office of the United States Trade
    Representative, in addition to amounts otherwise available for
    such purposes, such sums as may be necessary for fiscal year
    2001, and each fiscal year thereafter, for additional staff
    in--
              (1) the Office of the General Counsel, the Monitoring
            and Enforcement Unit, and the Office of the Deputy
            United States Trade Representative in Geneva,
            Switzerland, to investigate, prosecute, and defend
            cases before the WTO, and to administer United States
            trade laws, including title III of the Trade Act of
            1974 (19 U.S.C. 2411 et seq.) and other trade laws
            relating to intellectual property, government
            procurement, and telecommunications, with respect to
            the People's Republic of China;
              (2) the Office of Economic Affairs, to analyze the
            impact on the economy of the United States, including
            United States exports, of acts of the Government of the
            People's Republic of China affecting access to markets
            in the People's Republic of China and to support the
            Office of the General Counsel in presenting cases to
            the WTO involving the People's Republic of China;
              (3) the geographic office for the People's Republic
            of China; and
              (4) offices relating to the WTO and to different
            sectors of the economy, including agriculture,
            industry, services, and intellectual property rights
            protection, to monitor and enforce the trade agreement
            obligations of the People's Republic of China in those
            sectors.
      (d) Department of Agriculture.--There are authorized to be
    appropriated to the Department of Agriculture, in addition to
    amounts otherwise available for such purposes, such sums as may
    be necessary for fiscal year 2001, and each fiscal year
    thereafter, for additional staff to increase legal and
    technical expertise in areas covered by trade agreements and
    United States trade law, including food safety and
    biotechnology, for purposes of monitoring compliance by the
    People's Republic of China with its trade agreement
    obligations.

    Subtitle C--Report on Compliance by the People's Republic of China With
                                WTO Obligations

    SEC. 421.\20\ REPORT ON COMPLIANCE.

      (a) In General.--Not later than 1 year after the entry into
    force of the Protocol of Accession of the People's Republic of
    China to the WTO, and annually thereafter, the Trade
    Representative shall submit a report to Congress on compliance
    by the People's Republic of China with commitments made in
    connection with its accession to the World Trade Organization,
    including both multilateral commitments and any bilateral
    commitments made to the United States.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 6951.
    ---------------------------------------------------------------------------
      (b) Public Participation.--In preparing the report described
    in subsection (a), the Trade Representative shall seek public
    participation by publishing a notice in the Federal Register
    and holding a public hearing.

    TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

      Subtitle A--Task Force on Prohibition of Importation of Products of
           Forced or Prison Labor From the People's Republic of China

    SEC. 501.\21\ ESTABLISHMENT OF TASK FORCE.

      There is hereby established a task force on prohibition of
    importation of products of forced or prison labor from the
    People's Republic of China (hereafter in this subtitle referred
    to as the ``Task Force'').
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 6961.
    ---------------------------------------------------------------------------

    SEC. 502.\22\ FUNCTIONS OF TASK FORCE.

      The Task Force shall monitor and promote effective
    enforcement of and compliance with section 307 of the Tariff
    Act of 1930 (19 U.S.C. 1307) by performing the following
    functions:
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 6962.
    ---------------------------------------------------------------------------
              (1) Coordinate closely with the United States Customs
            Service to promote maximum effectiveness in the
            enforcement by the Customs Service of section 307 of
            the Tariff Act of 1930 with respect to the products of
            the People's Republic of China. In order to assure such
            coordination, the Customs Service shall keep the Task
            Force informed, on a regular basis, of the progress of
            its investigations of allegations that goods are being
            entered into the United States, or that such entry is
            being attempted, in violation of the prohibition in
            section 307 of the Tariff Act of 1930 on entry into the
            United States of goods mined, produced, or manufactured
            wholly or in part in the People's Republic of China by
            convict labor, forced labor, or indentured labor under
            penal sanctions. Such investigations may include visits
            to foreign sites where goods allegedly are 114
            STAT. 904 deg. being mined, produced, or manufactured
            in a manner that would lead to prohibition of their
            importation into the United States under section 307 of
            the Tariff Act of 1930.
              (2) Make recommendations to the Customs Service on
            seeking new agreements with the People's Republic of
            China to allow Customs Service officials to visit sites
            where goods may be mined, produced, or manufactured by
            convict labor, forced labor, or indentured labor under
            penal sanctions.
              (3) Work with the Customs Service to assist the
            People's Republic of China and other foreign
            governments in monitoring the sale of goods mined,
            produced, or manufactured by convict labor, forced
            labor, or indentured labor under penal sanctions to
            ensure that such goods are not exported to the United
            States.
              (4) Coordinate closely with the Customs Service to
            promote maximum effectiveness in the enforcement by the
            Customs Service of section 307 of the Tariff Act of
            1930 with respect to the products of the People's
            Republic of China. In order to assure such
            coordination, the Customs Service shall keep the Task
            Force informed, on a regular basis, of the progress of
            its monitoring of ports of the United States to ensure
            that goods mined, produced, or manufactured wholly or
            in part in the People's Republic of China by convict
            labor, forced labor, or indentured labor under penal
            sanctions are not imported into the United States.
              (5) Advise the Customs Service in performing such
            other functions, consistent with existing authority, to
            ensure the effective enforcement of section 307 of the
            Tariff Act of 1930.
              (6) Provide to the Customs Service all information
            obtained by the departments represented on the Task
            Force relating to the use of convict labor, forced
            labor, or/and indentured labor under penal sanctions in
            the mining, production, or manufacture of goods which
            may be imported into the United States.

    SEC. 503.\23\ COMPOSITION OF TASK FORCE.

      The Secretary of the Treasury, the Secretary of Commerce, the
    Secretary of Labor, the Secretary of State, the Commissioner of
    Customs, and the heads of other executive branch agencies, as
    appropriate, acting through their respective designees at or
    above the level of Deputy Assistant Secretary, or in the case
    of the Customs Service, at or above the level of Assistant
    Commissioner, shall compose the Task Force. The designee of the
    Secretary of the Treasury shall chair the Task Force.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 6963.
    ---------------------------------------------------------------------------

    SEC. 504.\24\ AUTHORIZATION OF APPROPRIATIONS.

      There are authorized to be appropriated for fiscal year 2001,
    and each fiscal year thereafter, such sums as may be necessary
    for the Task Force to carry out the functions described in
    section 502.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 6964.
    ---------------------------------------------------------------------------

    SEC. 505.\25\ REPORTS TO CONGRESS.

      (a) Frequency of Reports.--Not later than the date that is 1
    year after the date of the enactment of this Act, and not later
    than the end of each 1-year period thereafter, the Task Force
    shall submit to the Congress a report on the work of the Task
    Force during the preceding 1-year period.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 6965.
    ---------------------------------------------------------------------------
      (b) Contents of Reports.--Each report under subsection (a)
    shall set forth, at a minimum--
              (1) the number of allegations of violations of
            section 307 of the Tariff Act of 1930 with respect to
            products of the Peoples' Republic of China that were
            investigated during the preceding 1-year period;
              (2) the number of actual violations of section 307 of
            the Tariff Act of 1930 with respect to the products of
            the People's Republic of China that were discovered
            during the preceding 1-year period;
              (3) in the case of each attempted entry of products
            of the People's Republic of China in violation of such
            section 307 discovered during the preceding 1-year
            period--
                      (A) the identity of the exporter of the
                    goods;
                      (B) the identity of the person or persons who
                    attempted to sell the goods for export; and
                      (C) the identity of all parties involved in
                    transshipment of the goods; and
              (4) such other information as the Task Force
            considers useful in monitoring and enforcing compliance
            with section 307 of the Tariff Act of 1930.

       Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

    SEC. 511.\26\ ESTABLISHMENT OF TECHNICAL ASSISTANCE AND RULE OF LAW
                        PROGRAMS.

      (a) Commerce Rule of Law Program.--The Secretary of Commerce,
    in consultation with the Secretary of State, is authorized to
    establish a program to conduct rule of law training and
    technical assistance related to commercial activities in the
    People's Republic of China.
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 6981.
    ---------------------------------------------------------------------------
      (b) Labor Rule of Law Program.--
              (1) In general.--The Secretary of Labor, in
            consultation with the Secretary of State, is authorized
            to establish a program to conduct rule of law training
            and technical assistance related to the protection of
            internationally recognized worker rights in the
            People's Republic of China.
              (2) Use of amounts.--In carrying out paragraph (1),
            the Secretary of Labor shall focus on activities
            including, but not limited to--
                      (A) developing, laws, regulations, and other
                    measures to implement internationally
                    recognized worker rights;
                      (B) establishing national mechanisms for the
                    enforcement of national labor laws and
                    regulations;
                      (C) training government officials concerned
                    with implementation and enforcement of national
                    labor laws and regulations; and
                      (D) developing an educational infrastructure
                    to educate workers about their legal rights and
                    protections under national labor laws and
                    regulations.
              (3) Limitation.--The Secretary of Labor may not
            provide assistance under the program established under
            this subsection to the All-China Federation of Trade
            Unions.
      (c) Legal System and Civil Society Rule of Law Program.--The
    Secretary of State is authorized to establish a program to
    conduct rule of law training and technical assistance related
    to development of the legal system and civil society generally
    in the People's Republic of China.
      (d) Conduct of Programs.--The programs authorized by this
    section may be used to conduct activities such as seminars and
    workshops, drafting of commercial and labor codes, legal
    training, publications, financing the operating costs for
    nongovernmental organizations working in this area, and funding
    the travel of individuals to the United States and to the
    People's Republic of China to provide and receive training.

    SEC. 512.\27\ ADMINISTRATIVE AUTHORITIES.

      In carrying out the programs authorized by section 511, the
    Secretary of Commerce and the Secretary of Labor (in
    consultation with the Secretary of State) may utilize any of
    the authorities contained in the Foreign Assistance Act of 1961
    and the Foreign Service Act of 1980.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 6982.
    ---------------------------------------------------------------------------

    SEC. 513.\28\ PROHIBITION RELATING TO HUMAN RIGHTS ABUSES.

      Amounts made available to carry out this subtitle may not be
    provided to a component of a ministry or other administrative
    unit of the national, provincial, or other local governments of
    the People's Republic of China, to a nongovernmental
    organization, or to an official of such governments or
    organizations, if the President has credible evidence that such
    component, administrative unit, organization or official has
    been materially responsible for the commission of human rights
    violations.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 6983.
    ---------------------------------------------------------------------------

    SEC. 514.\29\ AUTHORIZATION OF APPROPRIATIONS.

      (a) Commercial Law Program.--There are authorized to be
    appropriated to the Secretary of Commerce to carry out the
    program described in section 511(a) such sums as may be
    necessary for fiscal year 2001, and each fiscal year
    thereafter.
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 6984.
    ---------------------------------------------------------------------------
      (b) Labor Law Program.--There are authorized to be
    appropriated to the Secretary of Labor to carry out the program
    described in section 511(b) such sums as may be necessary for
    fiscal year 2001, and each fiscal year thereafter.
      (c) Legal System and Civil Society Rule of Law Program.--
    There are authorized to be appropriated to the Secretary of
    State to carry out the program described in section 511(c) such
    sums as may be necessary for fiscal year 2001, and each fiscal
    year thereafter.
      (d) Construction With Other Laws.--Except as provided in this
    division, funds may be made available to carry out the purposes
    of this subtitle notwithstanding any other provision of law.

                    TITLE VI--ACCESSION OF TAIWAN TO THE WTO

    SEC. 601.\30\ ACCESSION OF TAIWAN TO THE WTO.

      It is the sense of the Congress that--
    ---------------------------------------------------------------------------
        \30\ 22 U.S.C. 6991.
    ---------------------------------------------------------------------------
              (1) immediately upon approval by the General Council
            of the WTO of the terms and conditions of the accession
            of the People's Republic of China to the WTO, the
            United States representative to the WTO should request
            that the General Council of the WTO consider Taiwan's
            accession to the WTO 114 STAT. 907 deg. as the
            next order of business of the Council during the same
            session; and
              (2) the United States should be prepared to
            aggressively counter any effort by any WTO member, upon
            the approval of the General Council of the WTO of the
            terms and conditions of the accession of the People's
            Republic of China to the WTO, to block the accession of
            Taiwan to the WTO.

                           TITLE VII--RELATED ISSUES

    SEC. 701.\31\ AUTHORIZATIONS OF APPROPRIATIONS FOR BROADCASTING CAPITAL
                        IMPROVEMENTS AND INTERNATIONAL BROADCASTING
                        OPERATIONS.

      (a) Broadcasting Capital Improvements.--In addition to such
    sums as may otherwise be authorized to be appropriated, there
    are authorized to be appropriated for ``Department of State and
    Related Agency, Related Agency, Broadcasting Board of
    Governors, Broadcasting Capital Improvements'' $65,000,000 for
    the fiscal year 2003.\32\
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 7001.
        \32\ Sec. 121(b) of the Foreign Relations Authorization Act, Fiscal
    Year 2003 (Public Law 107-228; 116 Stat. 1360), struck out ``2001'' and
    inserted in lieu thereof ``2003'' in subsec. (a) and struck out ``2001
    and 2002'' and inserted in lieu thereof ``2001, 2002, and 2003'' in
    subsec. (b)(1).
    ---------------------------------------------------------------------------
      (b) International Broadcasting Operations.--
              (1) Authorization of appropriations.--In addition to
            such sums as are otherwise authorized to be
            appropriated, there are authorized to be appropriated
            $34,000,000 for each of the fiscal years 2001, 2002,
            and 2003 \32\ for ``Department of State and Related
            Agency, Related Agency, Broadcasting Board of
            Governors, International Broadcasting Operations'' for
            the purposes under paragraph (2).
              (2) Uses of funds.--In addition to other authorized
            purposes, funds appropriated pursuant to paragraph (1)
            shall be used for the following:
                      (A) To increase personnel for the program
                    development office to enhance marketing
                    programming in the People's Republic of China
                    and neighboring countries.
                      (B) To enable Radio Free Asia's expansion of
                    news research, production, call-in show
                    capability, and web site/Internet enhancement
                    for the People's Republic of China and
                    neighboring countries.
                      (C) VOA enhancements, including the opening
                    of new news bureaus in Taipei and Shanghai,
                    enhancement of TV Mandarin, and an increase of
                    stringer presence abroad.
                 (4) United States-Hong Kong Policy Act of 1992

    Public Law 102-383 [S. 1731], 106 Stat. 1448, approved October 5, 1992;
    as amended by Public Law 104-107 [Foreign Operations, Export Financing,
     and Related Programs Appropriations Act, 1996; H.R. 1868], 110 Stat.
     704, approved February 12, 1996; Public Law 105-206 [Internal Revenue
      Service Restructuring and Reform Act of 1998; H.R. 2676], 112 Stat.
    685, approved July 22, 1998; and Public Law 107-77 [Foreign Operations,
     Export Financing, and Related Programs Appropriations Act, 2002; H.R.
                2506], 115 Stat. 2118, approved January 10, 2002

      AN ACT To set forth the policy of the United States with respect to
                       Hong Kong, 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.\1\ SHORT TITLE.

        This Act may be cited as the ``United States-Hong Kong
    Policy Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5701 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND DECLARATIONS.

        The Congress makes the following findings and declarations:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5701.
    ---------------------------------------------------------------------------
              (1) The Congress recognizes that under the 1984 Sino-
            British Joint Declaration:
                      (A) The People's Republic of China and the
                    United Kingdom of Great Britain and Northern
                    Ireland have agreed that the People's Republic
                    of China will resume the exercise of
                    sovereignty over Hong Kong on July 1, 1997.
                    Until that time, the United Kingdom will be
                    responsible for the administration of Hong
                    Kong.
                      (B) The Hong Kong Special Administrative
                    Region of the People's Republic of China,
                    beginning on July 1, 1997, will continue to
                    enjoy a high degree of autonomy on all matters
                    other than defense and foreign affairs.
                      (C) There is provision for implementation of
                    a ``one country, two systems'' policy, under
                    which Hong Kong will retain its current
                    lifestyle and legal, social, and economic
                    systems until at least the year 2047.
                      (D) The legislature of the Hong Kong Special
                    Administrative Region will be constituted by
                    elections, and the provisions of the
                    International Covenant on Civil and Political
                    Rights and the International Covenant on
                    Economic, Social and Cultural Rights, as
                    applied to Hong Kong, shall remain in force.
                      (E) Provision is made for the continuation in
                    force of agreements implemented as of June 30,
                    1997, and for the ability of the Hong Kong
                    Special Administrative Region to conclude new
                    agreements either on its own or with the
                    assistance of the Government of the People's
                    Republic of China.
              (2) The Congress declares its wish to see full
            implementation of the provisions of the Joint
            Declaration.
              (3) The President has announced his support for the
            policies and decisions reflected in the Joint
            Declaration.
              (4) Hong Kong plays an important role in today's
            regional and world economy. This role is reflected in
            strong economic, cultural, and other ties with the
            United States that give the United States a strong
            interest in the continued vitality, prosperity, and
            stability of Hong Kong.
              (5) Support for democratization is a fundamental
            principle of United States foreign policy. As such, it
            naturally applies to United States policy toward Hong
            Kong. This will remain equally true after June 30,
            1997.
              (6) The human rights of the people of Hong Kong are
            of great importance to the United States and are
            directly relevant to United States interests in Hong
            Kong. A fully successful transition in the exercise of
            sovereignty over Hong Kong must safeguard human rights
            in and of themselves. Human rights also serve as a
            basis for Hong Kong's continued economic prosperity.

    SEC. 3.\3\ DEFINITIONS.

        For purposes of this Act--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5702.
    ---------------------------------------------------------------------------
              (1) the term ``Hong Kong'' means, prior to July 1,
            1997, the British Dependent Territory of Hong Kong, and
            on and after July 1, 1997, the Hong Kong Special
            Administrative Region of the People's Republic of
            China;
              (2) the term ``Joint Declaration'' means the Joint
            Declaration of the Government of the United Kingdom of
            Great Britain and Northern Ireland and the Government
            of the People's Republic of China on the Question of
            Hong Kong, done at Beijing on December 19, 1984; and
              (3) the term ``laws of the United States'' means
            provisions of law enacted by the Congress.

                                TITLE I--POLICY

    SEC. 101.\4\ BILATERAL TIES BETWEEN THE UNITED STATES AND HONG KONG.

        It is the sense of the Congress that the following, which
    are based in part on the relevant provisions of the Joint
    Declaration, should be the policy of the United States with
    respect to its bilateral relationship with Hong Kong:
              (1) The United States should play an active role,
            before, on, and after July 1, 1997, in maintaining Hong
            Kong's confidence and prosperity, Hong Kong's role as
            an international financial center, and the mutually
            beneficial ties between the people of the United States
            and the people of Hong Kong.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5711.
    ---------------------------------------------------------------------------
              (2) The United States should actively seek to
            establish and expand direct bilateral ties and
            agreements with Hong Kong in economic, trade,
            financial, monetary, aviation, shipping,
            communications, tourism, cultural, sport, and other
            appropriate areas.
              (3) The United States should seek to maintain, after
            June 30, 1997, the United States consulate-general in
            Hong Kong, together with other official and semi-
            official organizations, such as the United States
            Information Agency American Library.
              (4) The United States should invite Hong Kong to
            maintain, after June 30, 1997, its official and semi-
            official missions in the United States, such as the
            Hong Kong Economic & Trade Office, the Office of the
            Hong Kong Trade Development Council, and the Hong Kong
            Tourist Association. The United States should invite
            Hong Kong to open and maintain other official or semi-
            official missions to represent Hong Kong in those areas
            in which Hong Kong is entitled to maintain relations on
            its own, including economic, trade, financial,
            monetary, aviation, shipping, communications, tourism,
            cultural, and sport areas.
              (5) The United States should recognize passports and
            travel documents issued after June 30, 1997, by the
            Hong Kong Special Administrative Region.
              (6) The resumption by the People's Republic of China
            of the exercise of sovereignty over Hong Kong after
            June 30, 1997, should not affect treatment of Hong Kong
            residents who apply for visas to visit or reside
            permanently in the United States, so long as such
            treatment is consistent with the Immigration and
            Nationality Act.

    SEC. 102.\5\ PARTICIPATION IN MULTILATERAL ORGANIZATIONS, RIGHTS UNDER
                        INTERNATIONAL AGREEMENTS, AND TRADE STATUS.

        It is the sense of the Congress that the following, which
    are based in part on the relevant provisions of the Joint
    Declaration, should be the policy of the United States with
    respect to Hong Kong after June 30, 1997:
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 5712.
    ---------------------------------------------------------------------------
              (1) The United States should support Hong Kong's
            participation in all appropriate multilateral
            conferences, agreements, and organizations in which
            Hong Kong is eligible to participate.
              (2) The United States should continue to fulfill its
            obligations to Hong Kong under international
            agreements, so long as Hong Kong reciprocates,
            regardless of whether the People's Republic of China is
            a party to the particular international agreement,
            unless and until such obligations are modified or
            terminated in accordance with law.
              (3) The United States should respect Hong Kong's
            status as a separate customs territory, and as a
            contracting party to the General Agreement on Tariffs
            and Trade, whether or not the People's Republic of
            China participates in the latter organization.

    SEC. 103.\6\ COMMERCE BETWEEN THE UNITED STATES AND HONG KONG.

        It is the sense of the Congress that the following, which
    are based in part on the relevant provisions of the Joint
    Declaration, are and should continue after June 30, 1997, to be
    the policy of the United States with respect to commerce
    between the United States and Hong Kong:
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 5713.
    ---------------------------------------------------------------------------
              (1) The United States should seek to maintain and
            expand economic and trade relations with Hong Kong and
            should continue to treat Hong Kong as a separate
            territory in economic and trade matters, such as import
            quotas and certificates of origin.
              (2) The United States should continue to negotiate
            directly with Hong Kong to conclude bilateral economic
            agreements.
              (3) The United States should continue to treat Hong
            Kong as a territory which is fully autonomous from the
            United Kingdom and, after June 30, 1997, should treat
            Hong Kong as a territory which is fully autonomous from
            the People's Republic of China with respect to economic
            and trade matters.
              (4) The United States should continue to grant the
            products of Hong Kong nondiscriminatory trade treatment
            \7\ by virtue of Hong Kong's membership in the General
            Agreement on Tariffs and Trade.
    ---------------------------------------------------------------------------
        \7\ Sec. 5003(b)(7) of Public Law 105-206 (115 Stat. 790) struck
    out ``(commonly referred to as `most-favored-nation' status)''.
    ---------------------------------------------------------------------------
              (5) The United States should recognize certificates
            of origin for manufactured goods issued by the Hong
            Kong Special Administrative Region.
              (6) The United States should continue to allow the
            United States dollar to be freely exchanged with the
            Hong Kong dollar.
              (7) United States businesses should be encouraged to
            continue to operate in Hong Kong, in accordance with
            applicable United States and Hong Kong law.
              (8) The United States should continue to support
            access by Hong Kong to sensitive technologies
            controlled under the agreement of the Coordinating
            Committee for Multilateral Export Controls (commonly
            referred to as ``COCOM'') for so long as the United
            States is satisfied that such technologies are
            protected from improper use or export.
              (9) The United States should encourage Hong Kong to
            continue its efforts to develop a framework which
            provides adequate protection for intellectual property
            rights.
              (10) The United States should negotiate a bilateral
            investment treaty directly with Hong Kong, in
            consultation with the Government of the People's
            Republic of China.
              (11) The change in the exercise of sovereignty over
            Hong Kong should not affect ownership in any property,
            tangible or intangible, held in the United States by
            any Hong Kong person.

    SEC. 104.\8\ TRANSPORTATION.

        It is the sense of the Congress that the following, which
    are based in part on the relevant provisions of the Joint
    Declaration, should be the policy of the United States after
    June 30, 1997, with respect to transportation from Hong Kong:
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5714.
    ---------------------------------------------------------------------------
              (1) Recognizing Hong Kong's position as an
            international transport center, the United States
            should continue to recognize ships and airplanes
            registered in Hong Kong and should negotiate air
            service agreements directly with Hong Kong.
              (2) The United States should continue to recognize
            ships registered by Hong Kong.
              (3) United States commercial ships, in accordance
            with applicable United States and Hong Kong law, should
            remain free to port in Hong Kong.
              (4) The United States should continue to recognize
            airplanes registered by Hong Kong in accordance with
            applicable laws of the People's Republic of China.
              (5) The United States should recognize licenses
            issued by the Hong Kong to Hong Kong airlines.
              (6) The United States should recognize certificates
            issued by the Hong Kong to United States air carriers
            for air service involving travel to, from, or through
            Hong Kong which does not involve travel to, from, or
            through other parts of the People's Republic of China.
              (7) The United States should negotiate at the
            appropriate time directly with the Hong Kong Special
            Administrative Region, acting under authorization from
            the Government of the People's Republic of China, to
            renew or amend all air service agreements existing on
            June 30, 1997, and to conclude new air service
            agreements affecting all flights to, from, or through
            the Hong Kong Special Administrative Region which do
            not involve travel to, from, or through other parts of
            the People's Republic of China.
              (8) The United States should make every effort to
            ensure that the negotiations described in paragraph (7)
            lead to procompetitive air service agreements.

    SEC. 105.\9\ CULTURAL AND EDUCATIONAL EXCHANGES.

        It is the sense of the Congress that the following, which
    are based in part on the relevant provisions of the Joint
    Declaration, are and should continue after June 30, 1997, to be
    the policy of the United States with respect to cultural and
    educational exchanges with Hong Kong:
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 5715.
    ---------------------------------------------------------------------------
              (1) The United States should seek to maintain and
            expand United States-Hong Kong relations and exchanges
            in culture, education, science, and academic research.
            The United States should encourage American
            participation in bilateral exchanges with Hong Kong,
            both official and unofficial.
              (2) The United States should actively seek to further
            United States-Hong Kong cultural relations and promote
            bilateral exchanges, including the negotiating and
            concluding of appropriate agreements in these matters.
              (3) Hong Kong should be accorded separate status as a
            full partner under the Fulbright Academic Exchange
            Program (apart from the United Kingdom before July 1,
            1997, and apart from the People's Republic of China
            thereafter), with the continuation or establishment of
            a Fulbright Commission or functionally equivalent
            mechanism.
              (4) The United States should actively encourage Hong
            Kong residents to visit the United States on
            nonimmigrant visas for such purposes as business,
            tourism, education, and scientific and academic
            research, in accordance with applicable United States
            and Hong Kong laws.
              (5) Upon the request of the Legislative Council of
            Hong Kong, the Librarian of Congress, acting through
            the Congressional Research Service, should seek to
            expand educational and informational ties with the
            Council.

             TITLE II--THE STATUS OF HONG KONG IN UNITED STATES LAW

    SEC. 201.\10\ CONTINUED APPLICATION OF UNITED STATES LAW.

        (a) In General.--Notwithstanding any change in the exercise
    of sovereignty over Hong Kong, the laws of the United States
    shall continue to apply with respect to Hong Kong, on and after
    July 1, 1997, in the same manner as the laws of the United
    States were applied with respect to Hong Kong before such date
    unless otherwise expressly provided by law or by Executive
    order under section 202.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 5721.
    ---------------------------------------------------------------------------
        (b) International Agreements.--For all purposes, including
    actions in any court in the United States, the Congress
    approves the continuation in force on and after July 1, 1997,
    of all treaties and other international agreements, including
    multilateral conventions, entered into before such date between
    the United States and Hong Kong, or entered into before such
    date between the United States and the United Kingdom and
    applied to Hong Kong, unless or until terminated in accordance
    with law. If in carrying out this title, the President
    determines that Hong Kong is not legally competent to carry out
    its obligations under any such treaty or other international
    agreement, or that the continuation of Hong Kong's obligations
    or rights under any such treaty or other international
    agreement is not appropriate under the circumstances, such
    determination shall be reported to the Congress in accordance
    with section 301.

    SEC. 202.\11\ PRESIDENTIAL ORDER.

        (a) Presidential Determination.--On or after July 1, 1997,
    whenever the President determines that Hong Kong is not
    sufficiently autonomous to justify treatment under a particular
    law of the United States, or any provision thereof, different
    from that accorded the People's Republic of China, the
    President may issue an Executive order suspending the
    application of section 201(a) to such law or provision of law.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 5722.
    ---------------------------------------------------------------------------
        (b) Factor for Consideration.--In making a determination
    under subsection (a) with respect to the application of a law
    of the United States, or any provision thereof, to Hong Kong,
    the President should consider the terms, obligations, and
    expectations expressed in the Joint Declaration with respect to
    Hong Kong.
        (c) Publication in Federal Register.--Any Executive order
    issued under subsection (a) shall be published in the Federal
    Register and shall specify the law or provision of law affected
    by the order.
        (d) Termination of Suspension.--An Executive order issued
    under subsection (a) may be terminated by the President with
    respect to a particular law or provision of law whenever the
    President determines that Hong Kong has regained sufficient
    autonomy to justify different treatment under the law or
    provision of law in question. Notice of any such termination
    shall be published in the Federal Register.

    SEC. 203.\12\ RULES AND REGULATIONS.

        The President is authorized to prescribe such rules and
    regulations as the President may deem appropriate to carry out
    this Act.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 5723.
    ---------------------------------------------------------------------------

    SEC. 204.\13\ CONSULTATION WITH CONGRESS.

        In carrying out this title, the President shall consult
    appropriately with the Congress.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 5724.
    ---------------------------------------------------------------------------

                        TITLE III--REPORTING PROVISIONS

    SEC. 301.\14\ REPORTING REQUIREMENT.

        Not later than March 31, 1993, March 31, 1995, March 31,
    1996,\15\ March 31, 1997, March 31, 1998, March 31, 1999, March
    31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March
    31, 2004, March 31, 2005, and March 31, 2006 \15\ the Secretary
    of State shall transmit to the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate a report on conditions in Hong Kong of
    interest to the United States. This report shall cover (in the
    case of the initial report) the period since the date of
    enactment of this Act or (in the case of subsequent reports)
    the period since the most recent report pursuant to this
    section and shall describe--
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 5731.
        \15\ Sec. 576(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 750) inserted ``March 31, 1996,'' after ``March 31, 1995,''.
        Sec. 576(b) of Public Law 104-107 (110 Stat. 750) further provided
    the following:
        ``(b) In light of the deficiencies in reports submitted to the
    Congress pursuant to section 301 of the United States-Hong Kong Policy
    Act (22 U.S.C. 5731), the Congress directs that the additional report
    required to be submitted under such section by subsection (a) of this
    section include detailed information on the status of, and other
    developments affecting, implementation of the Sino-British Joint
    Declaration on the Question of Hong Kong, including--
    ---------------------------------------------------------------------------

      ``(1) the Basic Law and its consistency with the Joint Declaration;

      ``(2) the openness and fairness of elections to the legislature;

      ``(3) the openness and fairness of the election of the chief executive
    and the executive's accountability to the legislature;

      ``(4) the treatment of political parties;

      ``(5) the independence of the judiciary and its ability to exercise the
    power of final judgment over Hong Kong law; and

      ``(6) the Bill of Rights.''.
    ---------------------------------------------------------------------------

        Sec. 571 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law
    104-208; 110 Stat. 3009), provided the following:
    ---------------------------------------------------------------------------

    ``report regarding hong kong
    ---------------------------------------------------------------------------

        ``Sec. 571. In light of the deficiencies in reports submitted to
    the Congress pursuant to section 301 of the United States-Hong Kong
    Policy Act (22 U.S.C. 5731), the Congress directs that the additional
    report required to be submitted during 1997 under such section include
    detailed information on the status of, and other developments
    affecting, implementation of the Sino-British Joint Declaration on the
    Question of Hong Kong, including--
    ---------------------------------------------------------------------------

      ``(1) the Basic Law and its consistency with the Joint Declaration;

      ``(2) Beijing's plans to replace the elected legislature with an
    appointed body;

      ``(3) the openness and fairness of the election of the chief executive
    and the executive's accountability to the legislature;

      ``(4) the treatment of political parties;

      ``(5) the independence of the judiciary and its ability to exercise the
    power of final judgment over Hong Kong law; and

      ``(6) the Bill of Rights.''.
    ---------------------------------------------------------------------------

        Sec. 586(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2002 (Public Law 107-77; 115 Stat.
    2173) struck out ``and March 31, 2000,'' and inserted in lieu thereof
    ``March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March
    31, 2004, March 31, 2005, and March 31, 2006.''.
        Sec. 586(b) of Public Law 107-77 (115 Stat. 2173) further provided
    that ``The requirement in section 301 of the United States-Hong Kong
    Policy Act, as amended by subsection (a), that a report under that
    section shall be transmitted not later than March 31, 2001, shall be
    considered satisfied by the transmittal of such report by August 7,
    2001.''.
    ---------------------------------------------------------------------------
              (1) significant developments in United States
            relations with Hong Kong, including a description of
            agreements that have entered into force between the
            United States and Hong Kong;
              (2) other matters, including developments related to
            the change in the exercise of sovereignty over Hong
            Kong, affecting United States interests in Hong Kong or
            United States relations with Hong Kong;
              (3) the nature and extent of United States-Hong Kong
            cultural, education, scientific, and academic
            exchanges, both official and unofficial;
              (4) the laws of the United States with respect to
            which the application of section 201(a) has been
            suspended pursuant to section 202(a) or with respect to
            which such a suspension has been terminated pursuant to
            section 202(d), and the reasons for the suspension or
            termination, as the case may be;
              (5) treaties and other international agreements with
            respect to which the President has made a determination
            described in the last sentence of section 201(b), and
            the reasons for each such determination;
              (6) significant problems in cooperation between Hong
            Kong and the United States in the area of export
            controls;
              (7) the development of democratic institutions in
            Hong Kong; and
              (8) the nature and extent of Hong Kong's
            participation in multilateral forums.

    SEC. 302.\16\ SEPARATE PART OF COUNTRY REPORTS.

        Whenever a report is transmitted to the Congress on a
    country-by-country basis there shall be included in such
    report, where applicable, a separate subreport on Hong Kong
    under the heading of the state that exercises sovereignty over
    Hong Kong. The reports to which this section applies include
    the reports transmitted under--
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 5732.
    ---------------------------------------------------------------------------
              (1) sections 116(d) and 502B(b) of the Foreign
            Assistance Act of 1961 (relating to human rights);
              (2) section 181 of the Trade Act of 1974 (relating to
            trade barriers); and
              (3) section 2202 of the Export Enhancement Act of
            1988 (relating to economic policy and trade practices).
      (5) Commission on United States-Pacific Trade and Investment Policy

        Executive Order 12964, June 21, 1995, 60 F.R. 33095; amended by
     Executive Order 12987, January 31, 1996, 61 F.R. 4205; and Executive
                 Order 13032, December 26, 1996, 61 F.R. 68985

              Note.--This Executive Order, establishing a
            Commission in United States-Pacific Trade and
            Investment Policy, was revoked by Executive Order 13062
            of September 29, 1997 (62 F.R. 51755). The Commission
            was scheduled to report its finding to the President on
            or about February 28, 1997, and was to terminate
            thereafter.

          g. Normal Trade Relations (Most-Favored-Nation) Extensions,
                           Suspensions, Terminations

                                  (1) Armenia

     Partial text of Public Law 108-429 [Miscellaneous Trade and Technical
     Corrections Act of 2004, H.R. 1047] 118 Stat. 2434, approved December
                                    3, 2004

    AN ACT To amend the Harmonized Tariff Schedule of the United States to
       modify temporarily certain rates of duty, to make other technical
             amendments to the trade laws, and for other purposes.

              * * * * * * *

    SEC. 2001.\1\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
                        OF 1974 TO ARMENIA.
    ---------------------------------------------------------------------------

        \1\ 19 U.S.C. 2434 note.
    ---------------------------------------------------------------------------
      (a) Findings.--Congress makes the following findings:
              (1) Armenia has been found to be in full compliance
            with the freedom of emigration requirements under title
            IV of the Trade Act of 1974.
              (2) Armenia acceded to the World Trade Organization
            on February 5, 2003.
              (3) Since declaring its independence from the Soviet
            Union in 1991, Armenia has made considerable progress
            in enacting free-market reforms.
              (4) Armenia has demonstrated a strong desire to build
            a friendly and cooperative relationship with the United
            States and has concluded many bilateral treaties and
            agreements with the United States.
              (5) Total United States-Armenia bilateral trade for
            2002 amounted to more than $134,200,000.
      (b) Presidential Determinations and Extensions of
    Nondiscriminatory Treatment.--Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may--
              (1) determine that such title should no longer apply
            to Armenia; and
              (2) after making a determination under paragraph (1)
            with respect to Armenia, proclaim the extension of
            nondiscriminatory treatment (normal trade relations
            treatment) to the products of that country.
      (c) Termination of Application of Title IV.\2\ --On and after
    the effective date of the extension under subsection (b)(2) of
    nondiscriminatory treatment to the products of Armenia, title
    IV of the Trade Act of 1974 shall cease to apply to that
    country.
    ---------------------------------------------------------------------------
        \2\ Prior to passage of Public Law 108-429, the President waived
    the application of subsecs. (a) and (b) of the Trade Act of 1974 (19
    U.S.C. 2432) with respect to Armenia in Executive Order 12798 (April 3,
    1992, 57 F.R. 12175).
    ---------------------------------------------------------------------------
              * * * * * * *
                                    (2) Laos

     Partial text of Public Law 108-429 [Miscellaneous Trade and Technical
     Corrections Act of 2004, H.R. 1047] 118 Stat. 2434, approved December
                                    3, 2004

    AN ACT To amend the Harmonized Tariff Schedule of the United States to
       modify temporarily certain rates of duty, to make other technical
             amendments to the trade laws, and for other purposes.

              * * * * * * *

    SEC. 2005. EXTENSION OF NORMAL TRADE RELATIONS TO LAOS.

      (a) Findings.--Congress finds that--
              (1) the Lao People's Democratic Republic is pursuing
            a broad policy of adopting market-based reforms to
            enhance its economic competitiveness and achieve an
            attractive climate for investment;
              (2) extension of normal trade relations treatment
            would assist the Lao People's Democratic Republic in
            developing its economy based on free market principles
            and becoming competitive in the global marketplace;
              (3) establishing normal commercial relations on a
            reciprocal basis with the Lao People's Democratic
            Republic will promote United States exports to the
            rapidly growing southeast Asian region and expand
            opportunities for United States business and investment
            in the Lao People's Democratic Republic economy;
              (4) United States and Laotian commercial interests
            would benefit from the bilateral trade agreement
            between the United States and the Lao People's
            Democratic Republic, signed in 2003, providing for
            market access and the protection of intellectual
            property rights;
              (5) the Lao People's Democratic Republic has taken
            cooperative steps with the United States in the global
            war on terrorism, combating the trafficking of
            narcotics, and the accounting for American servicemen
            and civilians still missing from the Vietnam war; and
              (6) expanding bilateral trade relations that include
            a commercial agreement may promote further progress by
            the Lao People's Democratic Republic on human rights,
            religious tolerance, democratic rule, and transparency,
            and assist that country in adopting regional and world
            trading rules and principles.
      (b) Extension of Nondiscriminatory Treatment to the Products
    of the Lao People's Democratic Republic.--
              (1) Harmonized tariff schedule amendment.--General
            note 3(b) of the Harmonized Tariff Schedule of the
            United States is amended by striking ``Laos''.
              (2) Effective date.--The amendment made by paragraph
            (1) applies with respect to goods entered, or withdrawn
            from warehouse for consumption, on or after the
            effective date of a notice published in the Federal
            Register by the United States Trade Representative that
            a trade agreement obligating reciprocal most-favored-
            nation treatment between the Lao People's Democratic
            Republic and the United States has entered into force.
              * * * * * * *
                                  (3) Vietnam

     Public Law 107-52 [H.J. Res. 51] 115 Stat. 268, approved October 16,
                                      2001

    JOINT RESOLUTION Approving the extension of nondiscriminatory treatment
       with respect to the products of the Socialist Republic of Vietnam.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    Congress approves the extension of nondiscriminatory treatment
    with respect to the products of the Socialist Republic of
    Vietnam transmitted by the President to the Congress on June 8,
    2001.\1\
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note. Prior to passage of Public Law 107-52, the
    President waived the application of subsecs. 402(a) and (b) of the
    Trade Act of 1974 (19 U.S.C. 2432) with respect to Vietnam in Executive
    Order 13079 (April 7, 1998, 63 F.R. 17309). The waiver was extended by
    Presidential determinations as follows: Presidential Determination No.
    98-27 (June 3, 1998, 63 F.R. 32707); Presidential Determination No. 99-
    27 (June 3, 1999, 64 F.R. 31111); and Presidential Determination No.
    2000-21 (June 2, 2000, 65 F.R. 36309).
                                  (4) Georgia

      Title III of Public Law 106-476 [Tariff Suspension and Trade Act of
           2000, H.R. 4868] 114 Stat. 2101, approved November 9, 2000

    AN ACT To amend the Harmonized Tariff Schedule of the United States to
       modify temporarily certain rates of duty, to make other technical
             amendments to the trade laws, and for other purposes.

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

         TITLE III--EXTENSION OF NONDISCRIMINATORY TREATMENT TO GEORGIA

    SEC. 3001.\1\ FINDINGS.

      Congress finds that Georgia has--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note.
    ---------------------------------------------------------------------------
              (1) made considerable progress toward respecting
            fundamental human rights consistent with the objectives
            of title IV of the Trade Act of 1974;
              (2) adopted administrative procedures that accord its
            citizens the right to emigrate, travel freely, and to
            return to their country without restriction;
              (3) been found to be in full compliance with the
            freedom of emigration provisions in title IV of the
            Trade Act of 1974;
              (4) made progress toward democratic rule and creating
            a free market economic system since its independence
            from the Soviet Union;
              (5) demonstrated strong and effective enforcement of
            internationally recognized core labor standards and a
            commitment to continue to improve effective enforcement
            of its laws reflecting such standards;
              (6) committed to developing a system of governance in
            accordance with the provisions of the Final Act of the
            Conference on Security and Cooperation in Europe (also
            known as the ``Helsinki Final Act'') regarding human
            rights and humanitarian affairs;
              (7) endeavored to address issues related to its
            national and religious minorities and, as a member
            state of the Organization for Security and Cooperation
            in Europe (OSCE), committed to adopting special
            measures for ensuring that persons belonging to
            national minorities have full equality individually as
            well as in community with other members of their group;
              (8) also committed to enacting legislation to provide
            protection against incitement to violence against
            persons or groups based on national, racial, ethnic, or
            religious discrimination, hostility, or hatred,
            including anti-Semitism;
              (9) continued to return communal properties
            confiscated from national and religious minorities
            during the Soviet period, facilitating the reemergence
            of these communities in the national life of Georgia
            and establishing the legal framework for completion of
            this process in the future;
              (10) \2\ concluded a bilateral trade agreement with
            the United States in 1993 and a bilateral investment
            treaty in 1994;
    ---------------------------------------------------------------------------
        \2\ On August 27, 1996, the President determined that ``actual and
    forseeable reductions in United States tariffs and nontariff barriers
    to trade resulting from multilateral negotiations are satisfactorily
    reciprocated by Georgia'' (Presidential Determination No. 96-49, August
    27, 1996, 61 F.R. 45869).
    ---------------------------------------------------------------------------
              (11) demonstrated a strong desire to build a friendly
            and cooperative relationship with the United States;
            and
              (12) acceded to the World Trade Organization on June
            14, 2000, and the extension of unconditional normal
            trade relations treatment to the products of Georgia
            will enable the United States to avail itself of all
            rights under the World Trade Organization with respect
            to Georgia.

    SEC. 3002.\3\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
                        OF 1974 TO GEORGIA.

      (a) Presidential Determinations and Extensions of
    Nondiscriminatory Treatment.\4\ --Notwithstanding any provision
    of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.),
    the President may--
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 2434 note.
        \4\ Prior to passage of Public Law 106-476, the President waived
    the application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
    U.S.C. 2432) with respect to Georgia in Executive Order 12809 (June 3,
    1992, 57 F.R. 145321, see page 1203, this volume, for text). The waiver
    was extended by Presidential determinations as follows: Presidential
    Determination No. 92-25 (May 6, 1992, 57 F.R. 22147); Presidential
    Determination No. 93-25 (June 2, 1993, 58 F.R. 33005); Presidential
    Determination No. 94-27 (June 2, 1994, 59 F.R. 31105); Presidential
    Determination No. 95-24 (June 2, 1995, 60 F.R. 31409); and Presidential
    Determination No. 96-30 (June 3, 1996, 61 F.R. 29457).
        On June 3, 1997, the President determined that Georgia ``is not in
    violation of paragraph (1), (2), or (3) of subsection 402(a) of the
    Act, or paragraph (1), (2) or (3) of subsection 409(a) of the Act''
    (Presidential Determination No. 97-27, June 3, 1997, 62 F.R. 32017).
    ---------------------------------------------------------------------------
              (1) determine that such title should no longer apply
            to Georgia; and
              (2) after making a determination under paragraph (1)
            with respect to Georgia, proclaim the extension of
            nondiscriminatory treatment (normal trade relations
            treatment) to the products of that country.
      (b) Termination of Application of Title IV.-- \5\ On and
    after the effective date of the extension under subsection
    (a)(2) of nondiscriminatory treatment to the products of
    Georgia, title IV of the Trade Act of 1974 shall cease to apply
    to that country.
    ---------------------------------------------------------------------------
        \5\ In Presidential Proclamation 7389 (66 F.R. 703), of December
    29, 2000, the President determined pursuant to sec. 3002 that ``Title
    IV of the Trade Act of 1974 should no longer apply to Georgia.''.
    ---------------------------------------------------------------------------
              * * * * * * *
                                   (5) China

        Partial text of Division A of Public Law 106-286 [Normal Trade
      Relations for the People's Republic of China, H.R. 4444], 114 Stat.
                         880, approved October 10, 2000

     AN ACT To authorize extension of nondiscriminatory treatment (normal
     trade relations treatment) to the People's Republic of China, and to
     establish a framework for relations between the United States and the
                          People's Republic of China.

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

     DIVISION A--NORMAL TRADE RELATIONS FOR THE PEOPLE'S REPUBLIC OF CHINA

                        TITLE I--NORMAL TRADE RELATIONS

    SEC. 101.\1\ TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF THE
                        TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA

      (a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment.\2\ --Notwithstanding any provision
    of chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C.
    2431 et seq.), as designated by section 3(a)(2) of this Act,
    the President may--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2431 note.
        \2\ Prior to passage of Public Law 106-286, the President waived
    the application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
    U.S.C. 2732) with respect to China in Executive Order 12167 (October
    23, 1979, 44 F.R. 61167, see page 1212, this volume, for text). The
    waiver was extended as follows: Presidential Determination No. 81-8
    (June 2, 1981, 46 F.R. 30797); Presidential Determination No. 83-7
    (June 3, 1983, 48 F.R. 26585); Presidential Determination No. 84-9 (May
    31 1994, 49 F.R. 24107); Presidential Determination No. 86-10 (June 3,
    1986, 51 F.R. 22057); Presidential Determination No. 87-14 (June 2,
    1987, 52 F.R. 22431); Presidential Determination No. 88-18 (June 3,
    1988, 53 F.R. 21407); Presidential Determination No. 89-14 (May 31,
    1989, 54 F.R. 26943); Presidential Determination No. 90-21 (May 24,
    1990, 55 F.R. 23183); Presidential Determination No. 91-36 (May 29,
    1991, 56 F.R. 26757); Presidential Determination No. 92-29 (June 2,
    1992, 57 F.R. 24539); Presidential Determination No. 93-23 (May 28,
    1993, 58 F.R. 31329); Presidential Determination No. 94-26 (June 2,
    1994, 59 F.R. 33005); Presidential Determination No. 95-23 (June 2,
    1995, 60 F.R. 31047); Presidential Determination No. 96-29 (May 31,
    1996, 61 F.R. 29455); Presidential Determination No. 97-25 (May 29,
    1997, 62 F.R. 31313); Presidential Determination No. 98-26 (June 3,
    1998, 63 F.R. 32705); Presidential Determination No. 99-28 (June 3,
    1999, 64 F.R. 31113); Presidential Determination No. 2000-23 (June 2,
    2000, 65 F.R. 36313); and Presidential Determination No. 2001-16 (June
    1, 2001, 66 F.R. 30631).
    ---------------------------------------------------------------------------
              (1) determine that such chapter should no longer
            apply to the People's Republic of China; and
              (2) after making a determination under paragraph (1)
            with respect to the People's Republic of China,
            proclaim the extension of nondiscriminatory treatment
            (normal trade relations treatment) to the products of
            that country.
      (b) Accession of the People's Republic of China to the World
    Trade Organization.--Prior to making the determination provided
    for in subsection (a)(1) and pursuant to the provisions of
    section 122 of the Uruguay Round Agreements Act (19 U.S.C.
    3532), the President shall transmit a report to Congress
    certifying that the terms and conditions for the accession of
    the People's Republic of China to the World Trade Organization
    are at least equivalent to those agreed between the United
    States and the People's Republic of China on November 15, 1999.

    SEC. 102.\3\ EFFECTIVE DATE.

      (a) Effective Date of Nondiscriminatory Treatment.--The
    extension of nondiscriminatory treatment pursuant to section
    101(a) shall be effective no earlier than the effective date of
    the accession of the People's Republic of China to the World
    Trade Organization.
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 2431 note.
    ---------------------------------------------------------------------------
      (b) Termination of Applicability of Title IV.--On and after
    the effective date under subsection (a) of the extension of
    nondiscriminatory treatment to the products of the People's
    Republic of China, chapter 1 of title IV of the Trade Act of
    1974 (as designated by section 103(a)(2) of this Act) shall
    cease to apply to that country.

    SEC. 103.\4\ RELIEF FROM MARKET DISRUPTION. * * *
    ---------------------------------------------------------------------------

        \4\ Sec. 103 amended Title IV of the Trade Act of 1974 (19 U.S.C.
    2431 et seq.) adding new chapter headings and adding new secs. 421
    through 423 at the end. Title IV of the Trade Act of 1974 is found in
    this volume on page 370.
    ---------------------------------------------------------------------------

    SEC. 104.\5\ AMENDMENT TO SECTION 123 OF THE TRADE ACT OF 1974--
                        COMPENSATION AUTHORITY.

              * * * * * * *
    ---------------------------------------------------------------------------
        \5\ Sec. 104 amended sec. 123(a)(1) of the Trade Act of 1974 (19
    U.S.C. 2133(a)(1)) by inserting ``, or under chapter 2 of title IV of
    the Trade Act of 1974'' after ``title III'', as found on page 269 of
    this volume.
                            (6) Albania, Kyrgyzstan

      Title III of Public Law 106-200 [Trade and Development Act of 2000,
                H.R. 434], 114 Stat. 251, approved May 18, 2000

     AN ACT To authorize a new trade and investment policy for sub-Saharan
    Africa, expand trade benefits to the countries of the Caribbean Basin,
    renew the generalized system of preferences, and reauthorize the trade
                        adjustment assistance programs.

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

                       TITLE III--NORMAL TRADE RELATIONS

    SEC. 301.\1\ NORMAL TRADE RELATIONS FOR ALBANIA.

      (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note.
    ---------------------------------------------------------------------------
              (1) Albania has been found to be in full compliance
            with the freedom of emigration requirements under title
            IV of the Trade Act of 1974.
              (2) Since its emergence from communism, Albania has
            made progress toward democratic rule and the creation
            of a free-market economy.
              (3) \2\ Albania has concluded a bilateral investment
            treaty with the United States.
    ---------------------------------------------------------------------------
        \2\ Public Law 102-363, approved August 26, 1992 (106 Stat. 969)
    provided ``that the Congress approves the extension of
    nondiscriminatory treatment with respect to the products of the
    Republic of Albania transmitted by the President to the Congress on
    June 16, 1992'' (see page 1192, this volume, for text). The agreement
    was implemented by Presidential Proclamation 6445 of June 15, 1992 (57
    F.R. 26921), effective on the date an exchange of notices of the
    acceptance of the agreement takes place (effective date was November 2,
    1992).
        On June 15, 1992, the President also determined that the
    ``Agreement on Trade Relations Between the United States of America and
    the Republic of Albania * * * is in the national interest''
    (Presidential Determination No. 92-33, 57 F.R. 28583). The agreement
    was reconfirmed by Presidential Determination No. 96-44 (61 F.R. 45859)
    on August 27, 1996.
    ---------------------------------------------------------------------------
              (4) Albania has demonstrated a strong desire to build
            a friendly relationship with the United States and has
            been very cooperative with NATO and the international
            community during and after the Kosova crisis.
              (5) The extension of unconditional normal trade
            relations treatment to the products of Albania will
            enable the United States to avail itself of all rights
            under the World Trade Organization with respect to
            Albania when that country becomes a member of the World
            Trade Organization.
      (b) Termination of Application of Title IV of the Trade Act
    of 1974 to Albania.--
              (1) Presidential determinations and extensions of
            nondiscriminatory treatment.\3\ --Notwithstanding any
            provision of title IV of the Trade Act of 1974 (19
            U.S.C. 2431 et seq.), the President may--
    ---------------------------------------------------------------------------
        \3\ On June 29, 2000, the President determined pursuant to sec.
    301(b) of Public Law 106-200 that Title IV of the Trade Act of 1974
    should no longer apply to Albania (Presidential Proclamation 7326, 65
    F.R. 41547).
        Prior to passage of Public Law 106-200, the President waived the
    application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
    U.S.C. 2732) with respect to Albania in Executive Order 12809 (June 3,
    1992, 57 F.R. 23925, see page 1203, this volume, for text). This waiver
    was extended as follows: Presidential Determination No. 92-26 (May 20,
    1992, 57 F.R. 48711); Presidential Determination No. 93-25 (June 2,
    1993, 58 F.R. 33005); Presidential Determination No. 94-27 (June 2,
    1994, 59 F.R. 31105); Presidential Determination No. 95-24 (June 2,
    1995, 60 F.R. 31049); Presidential Determination No. 96-30 (June 3,
    1996, 61 F.R. 29457); and Presidential Determination No. 97-27 (June 3,
    1997, 62 F.R. 32019).
        On December 5, 1997, the President determined that Albania is ``not
    in violation of paragraph (1), (2), or (3) of subsection 402(a) of the
    Act, or paragraph (1), (2) or (3) of subsection 409(a) of the Act''
    (Presidential Determination No. 98-7, December 5, 1997, 62 F.R. 66253).
    ---------------------------------------------------------------------------
                      (A) determine that such title should no
                    longer apply to Albania; and
                      (B) after making a determination under
                    subparagraph (A) with respect to Albania,
                    proclaim the extension of nondiscriminatory
                    treatment (normal trade relations treatment) to
                    the products of that country.
              (2) Termination of application of title iv.--On or
            after the effective date of the extension under
            paragraph (1)(B) of nondiscriminatory treatment to the
            products of Albania, title IV of the Trade Act of 1974
            shall cease to apply to that country.

    SEC. 302.\4\ NORMAL TRADE RELATIONS FOR KYRGYZSTAN.

      (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 2434 note.
    ---------------------------------------------------------------------------
              (1) Kyrgyzstan has been found to be in full
            compliance with the freedom of emigration requirements
            under title IV of the Trade Act of 1974.
              (2) Since its independence from the Soviet Union in
            1991, Kyrgyzstan has made great progress toward
            democratic rule and toward creating a free-market
            economic system.
              (3) \5\ Kyrgyzstan concluded a bilateral investment
            treaty with the United States in 1994.
    ---------------------------------------------------------------------------
        \5\ The President transmitted the bilateral trade agreement between
    the United States and the Kyrgyz Republic to the Congress on September
    7, 1993. On August 27, 1996, the President reconfirmed that ``a
    satisfactory balance of concessions in trade and services has been
    maintained during the life of the Agreement'' (Presidential
    Determination No. 96-45, 61 F.R. 45861).
    ---------------------------------------------------------------------------
              (4) Kyrgyzstan has demonstrated a strong desire to
            build a friendly and cooperative relationship with the
            United States.
              (5) The extension of unconditional normal trade
            relations treatment to the products of Kyrgyzstan will
            enable the United States to avail itself of all rights
            under the World Trade Organization with respect to
            Kyrgyzstan.
      (b) Termination of Application of Title IV of the Trade Act
    of 1974 to Kyrgyzstan.-- \6\
    ---------------------------------------------------------------------------
        \6\ On June 29, 2000, the President determined that Title IV of the
    Trade Act of 1974 should no longer apply to Kyrgyzstan pursuant to sec.
    302(b) (Presidential Proclamation 7326, 65 F.R. 41547).
        Prior to passage of Public Law 106-200, the President waived the
    application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
    U.S.C. 2732) with respect to Kyrgyzstan in Executive Order 12802 (April
    16, 1992, 57 F.R. 14321, see page 1203, this volume, for text). This
    waiver was extended as follows: Presidential Determination No. 92-20
    (April 3, 1992, 57 F.R. 13623); Presidential Determination No. 93-25
    (June 2, 1993, 58 F.R. 33005); Presidential Determination No. 94-27
    (June 2, 1994, 59 F.R. 31105); Presidential Determination No. 95-24
    (June 2, 1995, 60 F.R. 31049); Presidential Determination No. 96-30
    (June 3, 1996, 61 F.R. 29457); and Presidential Determination No. 97-28
    (June 3, 1997, 62 F.R. 32019).
        On December 5, 1997, the President determined that Kyrgyzstan is
    ``not in violation of paragraph (1), (2), or (3) of subsection 402(a)
    of the Act, or paragraph (1), (2) or (3) of subsection 409(a) of the
    Act'' (Presidential Determination No. 98-7, December 5, 1997, 62 F.R.
    66253).
    ---------------------------------------------------------------------------
              (1) Presidential determinations and extensions of
            nondiscriminatory treatment.--Notwithstanding any
            provision of title IV of the Trade Act of 1974 (19
            U.S.C. 2431 et seq.), the President may--
                      (A) determine that such title should no
                    longer apply to Kyrgyzstan; and
                      (B) after making a determination under
                    subparagraph (A) with respect to Kyrgyzstan,
                    proclaim the extension of nondiscriminatory
                    treatment (normal trade relations treatment) to
                    the products of that country.
              (2) Termination of application of title iv.--On or
            after the effective date of the extension under
            paragraph (1)(B) of nondiscriminatory treatment to the
            products of Kyrgyzstan, title IV of the Trade Act of
            1974 shall cease to apply to that country.
                                  (7) Mongolia

     Partial text of Public Law 106-36 [H.R. 435], 113 Stat. 180, approved
                                 June 25, 1999

     AN ACT To make miscellaneous technical changes to various trade laws,
                            and for other purposes.

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

                    TITLE I--MISCELLANEOUS TRADE CORRECTIONS

              * * * * * * *

       TITLE II--TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS; OTHER TRADE
                                   PROVISIONS

              * * * * * * *

             Subtitle A--Temporary Duty Suspensions and Reductions

              * * * * * * *

                       Subtitle B--Other Trade Provisions

    SEC. 2424.\1\ EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE
                        RELATIONS TREATMENT) TO THE PRODUCTS OF MONGOLIA.

        (a) Findings.--The Congress finds that Mongolia--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note.
    ---------------------------------------------------------------------------
              (1) has received normal trade relations treatment
            since 1991 and has been found to be in full compliance
            with the freedom of emigration requirements under title
            IV of the Trade Act of 1974;
              (2) has emerged from nearly 70 years of communism and
            dependence on the former Soviet Union, approving a new
            constitution in 1992 which has established a modern
            parliamentary democracy charged with guaranteeing
            fundamental human rights, freedom of expression, and an
            independent judiciary;
              (3) has held four national elections under the new
            constitution, two presidential and two parliamentary,
            thereby solidifying the nation's transition to
            democracy;
              (4) has undertaken significant market-based economic
            reforms, including privatization, the reduction of
            government subsidies, the elimination of most price
            controls and virtually all import tariffs, and the
            closing of insolvent banks;
              (5) \2\ has concluded a bilateral trade treaty with
            the United States in 1991, and a bilateral investment
            treaty in 1994;
    ---------------------------------------------------------------------------
        \2\ The ``Agreement on Trade Relations Between the United States of
    America and the Mongolian People's Republic'' was implemented on June
    24, 1991 (Presidential Proclamation No. 6308, 56 F.R. 29834), effective
    after an exchange of written notices of acceptance. On the same date,
    the President determined that the agreement ``will promote the purposes
    of the Trade Act [of 1974] and is in the national interest''
    (Presidential Determination No. 91-44, 56 F.R. 31039). The Congress
    approved nondiscriminatory treatment with respect to Mongolian products
    in Public Law 102-157, November 13, 1991, 105 Stat. 1040 (see page
    1198, this volume, for text).
    ---------------------------------------------------------------------------
              (6) has acceded to the Agreement Establishing the
            World Trade Organization, and extension of
            unconditional normal trade relations treatment to the
            products of Mongolia would enable the United States to
            avail itself of all rights under the World Trade
            Organization with respect to Mongolia; and
              (7) has demonstrated a strong desire to build
            friendly relationships and to cooperate fully with the
            United States on trade matters.
        (b) Termination of Application of Title IV of the Trade Act
    of 1974 to Mongolia.--
              (1) \3\ Presidential determinations and extensions of
            nondiscriminatory treatment.--Notwithstanding any
            provision of title IV of the Trade Act of 1974 (19
            U.S.C. 2431 et seq.), the President may--
    ---------------------------------------------------------------------------
        \3\ On July 9, 1999, the President extended permanent
    nondiscriminatory treatment to the products of Mongolia pursuant to
    sec. 2424 (Presidential Proclamation No. 7297, 64 F.R. 36549).
        Prior to passage of Public Law 106-36, the President waived the
    application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
    U.S.C. 2732) with respect to Mongolia in Executive Order 12746 (January
    23, 1991, 56 F.R. 2837, see page 1207, this volume, for text).
        This waiver was extended by Presidential Determination No. 91-19,
    January 23, 1991 (56 F.R. 4171); by Presidential Determination No. 92-
    30 (June 3, 1992, 57 F.R. 24929); by Presidential Determination No. 93-
    25 (June 2, 1993, 58 F.R. 33005); by Presidential Determination No. 94-
    27 (June 2, 1994, 59 F.R. 31105); by Presidential Determination No. 95-
    24 (June 2, 1995, 60 F.R. 31409); and by Presidential Determination No.
    96-30, June 3, 1996 (61 F.R. 29457).
        On September 4, 1996, the President determined that Mongolia is
    ``not in violation of paragraph (1), (2), or (3) of subsection 402(a)
    of the Act, or paragraph (1), (2) or (3) of subsection 409(a) of the
    Act'' (Presidential Determination No. 96-51, 61 F.R. 48603).
    ---------------------------------------------------------------------------
                      (A) determine that such title should no
                    longer apply to Mongolia; and
                      (B) after making a determination under
                    subparagraph (A) with respect to Mongolia,
                    proclaim the extension of nondiscriminatory
                    treatment (normal trade relations treatment) to
                    the products of that country.
              (2) Termination of application of title iv.--On or
            after the effective date of the extension under
            paragraph (1)(B) of nondiscriminatory treatment to the
            products of Mongolia, title IV of the Trade Act of 1974
            shall cease to apply to that country.
              * * * * * * *
                                  (8) Cambodia

    Public Law 104-203 [H.R. 1642], 110 Stat. 2872, approved September 25,
                                    1996 \1\
    ---------------------------------------------------------------------------

        \1\ 19 U.S.C. 2434 note.
    ---------------------------------------------------------------------------

       AN ACT To extend nondiscriminatory treatment (most-favored-nation
        treatment) to the products of Cambodia, 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. CONGRESSIONAL FINDINGS.

        The Congress finds that--
              (1) despite recent increases in acts of repression by
            the Cambodian Government and growing government
            corruption that has contributed to substantial
            environmental degradation, Cambodia has made some
            progress towards democratic rule after 20 years of
            undemocratic regimes and civil war, and is striving to
            rebuild its market economy;
              (2) extension of unconditional most-favored-nation
            treatment would assist Cambodia in developing its
            economy based on free market principles and becoming
            competitive in the global marketplace;
              (3) establishing normal commercial relations on a
            reciprocal basis with Cambodia will promote United
            States exports to the rapidly growing Southeast Asian
            region and expand opportunities for United States
            business and investment in the Cambodian economy; and
              (4) expanding bilateral trade relations that includes
            a commercial agreement may promote further progress by
            Cambodia on human rights and democratic rule and assist
            Cambodia in adopting regional and world trading rules
            and principles.

    SEC. 2. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE PRODUCTS OF
                        CAMBODIA.

        (a) Harmonized Tariff Schedule Amendment.--General note
    3(b) of the Harmonized Tariff Schedule of the United States is
    amended by striking ``Kampuchea''.
        (b) Effective Date.--The amendment made by subsection (a)
    applies with respect to goods entered, or withdrawn from
    warehouse for consumption, on or after the effective date of a
    notice published in the Federal Register by the United States
    Trade Representative that a trade agreement obligating
    reciprocal most-favored-nation treatment between Cambodia and
    the United States has entered into force.\2\
    ---------------------------------------------------------------------------
        \2\ According to a notice issued by the Office of the USTR, ``On
    October 4, 1996, the Acting United States Trade Representative (USTR)
    signed a trade agreement with the Kingdom of Cambodia (Cambodia)
    obligating reciprocal most-favored-nation treatment between Cambodia
    and the United States. The trade agreement entered into force as of
    October 25, 1996 . . .'' (61 F.R. 56256).
    ---------------------------------------------------------------------------

    SEC. 3. REPORT TO CONGRESS.

        The President shall submit to the Congress, not later than
    18 months after the date of the enactment of this Act, a report
    on the trade relations between the United States and Cambodia
    pursuant to the trade agreement described in section 2(b).
                                  (9) Romania

    Public Law 104-171 [H.R. 3161], 110 Stat. 1539, approved August 3, 1996
                                      \1\

    AN ACT To authorize the extension of nondiscriminatory treatment (most-
             favored-nation treatment) to the products of Romania.

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

    SECTION 1. FINDINGS.

        The Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note.
    ---------------------------------------------------------------------------
              (1) Romania emerged from years of brutal Communist
            dictatorship in 1989 and approved a new Constitution
            and elected a Parliament by 1991, laying the foundation
            for a modern parliamentary democracy charged with
            guaranteeing fundamental human rights, freedom of
            expression, and respect for private property;
              (2) local elections, parliamentary elections, and
            presidential elections have been held in Romania, and
            1996 will mark the second nationwide presidential
            elections under the new Constitution;
              (3) Romania has undertaken significant economic
            reforms, including the establishment of a two-tier
            banking system, the introduction of a modern tax
            system, the freeing of most prices and elimination of
            most subsidies, the adoption of a tariff-based trade
            regime, and the rapid privatization of industry and
            nearly all agriculture;
              (4) \2\ Romania concluded a bilateral investment
            treaty with the United States in 1993, and both United
            States investment in Romania and bilateral trade are
            increasing rapidly;
    ---------------------------------------------------------------------------
        \2\ Public Law 103-133 (107 Stat. 1373, approved November 2, 1993)
    provided that ``the Congress approves the extension of
    nondiscriminatory treatment with respect to the products of Romania
    transmitted by the President on July 2, 1993''.
        A bilateral treaty with Romania was originally implemented on April
    24, 1975 in Presidential Proclamation No. 4369 of April 24, 1975 (40
    F.R. 18389), and renewed on June 2, 1976 (Presidential Determination
    No. 78-13); on June 2, 1981 (Presidential Determination No. 81-9); on
    May 31, 1984 (Presidential Determination 84-10); on June 14, 1987
    (Presidential Determination No. 87-15, 52 F.R. 23785); and on July 3,
    1990 (Presidential Determination No. 90-28; 55 F.R. 27797).
        On June 22, 1992 in Presidential Proclamation No. 6449 (57 F.R.
    28033), and once again in Proclamation 6577 of July 2, 1993 (58 F.R.
    36301) the President implemented the trade agreement between the United
    States and Romania, to become effective on the date of exchange of
    written notices of acceptance. The Congress officially approved the
    agreement on November 2, 1993 in Public Law 103-133. The treaty was
    renewed on July 2, 1993 (Presidential Determination No. 93-30, 58 F.R.
    43785).
    ---------------------------------------------------------------------------
              (5) Romania has received most-favored-nation
            treatment since 1993, and has been found by the
            President to be in full compliance with the freedom of
            emigration requirements under title IV of the Trade Act
            of 1974;
              (6) Romania is a member of the World Trade
            Organization and extension of unconditional most-
            favored-nation treatment to the products of Romania
            would enable the United States to avail itself of all
            rights under the World Trade Organization with respect
            to Romania; and
              (7) Romania has demonstrated a strong desire to build
            friendly relationships and to cooperate fully with the
            United States on trade matters.

    SEC. 2.\3\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
                        1974 TO ROMANIA.

        (a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment.--Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may--
    ---------------------------------------------------------------------------
        \3\ In Proclamation 6951 of November 7, 1996 (61 F.R. 58129), the
    President proclaimed pursuant to Public Law 104-171 that
    ``nondiscriminatory treatment (most-favored-nation treatment) shall be
    extended to the products of Romania, which will no longer be subject to
    Title IV of the Trade Act of 1974''.
        Prior to passage of Public Law 104-171, the President waived the
    application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
    U.S.C. 2732) with respect to Romania in Executive Order 11854 (April
    24, 1975, 40 F.R. 18391, see page 1214, this volume, for text). This
    waiver was extended each year until 1988, when the President determined
    that the Romanian Government had decided to renounce the renewal of
    nondiscriminatory treatment accorded to the products of Romania by the
    United States (Presidential Proclamation 5836, June 28, 1988, 53 F.R.
    24921). Therefore, the waiver expired on July 3, 1988. On August 17,
    1991, the President once again waived the application of secs. 402(a)
    and (b) of the Trade Act with respect to Romania (Executive Order
    12772, August 17, 1991, 56 F.R. 41621). This waiver was extended as
    follows: Presidential Determination No. 91-48 (August 17, 1991, 56 F.R.
    43861); Presidential Determination No. 92-30 (June 3, 1992, 57 F.R.
    24929); Presidential Determination No. 93-25 (June 2, 1993, 58 F.R.
    33005); Presidential Determination No. 94-27 (June 2, 1994, 59 F.R.
    31105).
        On May 19, 1995, the President determined that Romania is ``not in
    violation of paragraph (1), (2), or (3) of subsection 402(a) of the
    Act, or paragraph (1), (2) or (3) of subsection 409(a) of the Act''
    (Presidential Determination No. 95-22, 62 F.R. 29463).
    ---------------------------------------------------------------------------
              (1) determine that such title should no longer apply
            to Romania; and
              (2) after making a determination under paragraph (1),
            proclaim the extension of nondiscriminatory treatment
            (most-favored-nation treatment) to the products of that
            country.
        (b) Termination of Application of Title IV.--On and after
    the effective date of the extension under subsection (a)(2) of
    nondiscriminatory treatment to the products of Romania, title
    IV of the Trade Act of 1974 shall cease to apply to that
    country.
      (10) Bulgaria--Extension of MFN and Pending Termination of Title IV
                                Application \1\

     Public Law 104-162 [H.R. 2853], 110 Stat. 1414, approved July 18, 1996

    AN ACT To authorize the extension of nondiscriminatory treatment (most-
             favored-nation treatment) to the products of Bulgaria.

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

    SECTION 1. CONGRESSIONAL FINDINGS AND SUPPLEMENTAL ACTION.

        (a) Congressional Findings.--The Congress finds that
    Bulgaria--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note.
    ---------------------------------------------------------------------------
              (1) \2\ has received most-favored-nation treatment
            since 1991 and has been found to be in full compliance
            with the freedom of emigration requirements under title
            IV of the Trade Act of 1974 since 1993;
    ---------------------------------------------------------------------------
        \2\ In Public Law 102-158 (105 Stat. 1041), Congress approved the
    bilateral agreement of the United States with the People's Republic of
    Bulgaria transmitted by the President to the Congress on June 25, 1991.
    In Proclamation No. 6307 of June 24, 1991 (56 F.R. 29787) the President
    implemented the ``Agreement on Trade Relations between the United
    States and Bulgaria''. The President determined that the agreement with
    Bulgaria ``is in the national interest'' on the same date (Presidential
    Determination No. 91-43, 56 F.R. 31037).
    ---------------------------------------------------------------------------
              (2) has reversed many years of Communist dictatorship
            and instituted a constitutional republic ruled by a
            democratically elected government as well as basic
            market-oriented reforms, including privatization;
              (3) is in the process of acceding to the General
            Agreement on Tariffs and Trade (GATT) and the World
            Trade Organization (WTO), and extension of
            unconditional most-favored-nation treatment would
            enable the United States to avail itself of all rights
            under the GATT and the WTO with respect to Bulgaria;
            and
              (4) has demonstrated a strong desire to build
            friendly relationships and to cooperate fully with the
            United States on trade matters.
        (b) Supplemental Action.--The Congress notes that the
    United States Trade Representative intends to negotiate with
    Bulgaria in order to preserve the commitments of that country
    under the bilateral commercial agreement in effect between that
    country and the United States that are consistent with the GATT
    and the WTO.

    SEC. 2.\3\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
                        1974 TO BULGARIA.

        (a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment.--Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may--
    ---------------------------------------------------------------------------
        \3\ In Proclamation 6922 of September 27, 1996 (61 F.R. 51205),
    pursuant to sec. 2 of Public Law 104-162, the President proclaimed that
    ``nondiscriminatory treatment (most-favored-nation treatment) shall be
    extended to the products of Bulgaria, which will no longer be subject
    to Title IV of the Trade Act of 1974''.
        Prior to passage of Public Law 104-162, the President waived the
    application of subsecs. 402(a) and (b) of the Trade Act of 1974 (19
    U.S.C. 2732) with respect to Bulgaria in Executive Order 12745 (January
    22, 1991, 56 F.R. 2835, see page 1208, this volume, for text). This
    waiver was extended as follows: Presidential Determination No. 91-18
    (January 22, 1991, 56 F.R. 4169); Presidential Determination No. 92-30
    (June 3, 1992, 57 F.R. 24929).
        In Presidential Determination No. 93-26 of June 3, 1993 (58 F.R.
    33007), the President determined ``that the Republic of Bulgaria is not
    in violation of paragraph (1), (2), or (3) of subsection 402(a) of the
    [Trade] Act [of 1974], or paragraph (1), (2), or (3) of subsection
    409(a) of the [Trade] Act.''.
    ---------------------------------------------------------------------------
              (1) determine that such title should no longer apply
            to Bulgaria; and
              (2) after making a determination under paragraph (1)
            with respect to Bulgaria, proclaim the extension of
            nondiscriminatory treatment (most-favored-nation
            treatment) to the products of that country.
        (b) Termination of Application of Title IV.--On and after
    the effective date of the extension under subsection (a)(2) of
    nondiscriminatory treatment to the products of Bulgaria, title
    IV of the Trade Act of 1974 shall cease to apply to that
    country.
       (11) Conditions for Renewal of Most-Favored-Nation Status for the
                       People's Republic of China in 1994

              Executive Order 12850 of May 28, 1993, 58 F.R. 31327

    Whereas, the Congress and the American people have expressed
        deep concern about the appropriateness of unconditional
        most-favored-nation (MFN) trading status for the People's
        Republic of China (China);
    Whereas, I share the concerns of the Congress and the American
        people regarding this important issue, particularly with
        respect to China's record on human rights, nuclear
        proliferation, and trade;
    Whereas, I have carefully weighed the advisability of
        conditioning China's MFN status as a means of achieving
        progress in these areas;
    Whereas, I have concluded that the public interest would be
        served by a continuation of the waiver of the application
        of sections 402 (a) and (b) of the Trade Act of 1974 (19
        U.S.C. 2432(a) and 2432(b)) (Act) on China's MFN status for
        an additional 12 months with renewal thereafter subject to
        the conditions below;

        NOW, THEREFORE, by the authority vested in me as President
    by the Constitution and the laws of the United States of
    America, it is hereby ordered as follows:

        Section 1. The Secretary of State (Secretary) shall make a
    recommendation to the President to extend or not to extend MFN
    status to China for the 12-month period beginning July 3, 1994.
        (a) In making this recommendation the Secretary shall not
    recommend extension unless he determines that:
              --extension will substantially promote the freedom of
            emigration objectives of section 402 of the Act; and
              --China is complying with the 1992 bilateral
            agreement between the United States and China
            concerning prison labor.
        (b) In making this recommendation the Secretary shall also
    determine whether China has made overall, significant progress
    with respect to the following:
              --taking steps to begin adhering to the Universal
            Declaration of Human Rights;
              --releasing and providing an acceptable accounting
            for Chinese citizens imprisoned or detained for the
            non-violent expression of their political and religious
            beliefs, including such expression of beliefs in
            connection with the Democracy Wall and Tiananmen Square
            movements;
              --ensuring humane treatment of prisoners, such as by
            allowing access to prisons by international
            humanitarian and human rights organizations;
              --protecting Tibet's distinctive religious and
            cultural heritage; and
              --permitting international radio and television
            broadcasts into China.
        Sec. 2. The Secretary shall submit his recommendation to
    the President before June 3, 1994.
        Sec. 3. The Secretary, and other appropriate officials of
    the United States, shall pursue resolutely all legislative and
    executive actions to ensure that China abides by its
    commitments to follow fair, nondiscriminatory trade practices
    in dealing with U.S. businesses, and adheres to the Nuclear
    Non-Proliferation Treaty, the Missile Technology Control Regime
    guidelines and parameters, and other nonproliferation
    commitments.
        Sec. 4. This order does not create any right or benefit,
    substantive or procedural, enforceable by any person of entity
    against the United States, its officers, or employees.
         (12) Withdrawal of Most Favored Nation Status From Serbia and
                                   Montenegro

     Public Law 102-420 [H. R. 5258], 106 Stat. 2149, approved October 16,
                                      1992

    AN ACT An Act \1\ to provide for the withdrawal of most favored nation
    status from Serbia and Montenegro and to provide for the restoration of
                such status if certain conditions are fulfilled.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ As enrolled.
    ---------------------------------------------------------------------------

    SECTION 1.\2\ WITHDRAWAL OF MOST FAVORED NATION STATUS FROM SERBIA AND
                        MONTENEGRO.

        (a) Findings.--The Congress finds that Serbia or Montenegro
    are not complying with the provisions of the Final Act of the
    Conference on Security and Cooperation in Europe (also known as
    the ``Helsinki Final Act''), particularly the provisions
    regarding human rights and humanitarian affairs and are not
    respecting minority rights in Kosovo and Vojvodina.
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 2432 note.
    ---------------------------------------------------------------------------
        (b) Withdrawal of MFN Status.--Except as provided in
    subsection (c), nondiscriminatory treatment shall not apply
    with respect to any goods that--
              (1) are the product of Serbia or Montenegro; and
              (2) are entered into the customs territory of the
            United States on or after the 15th day after the date
            of the enactment of this Act.
        (c) Restoration of Nondiscriminatory Treatment.--
    Notwithstanding subsection (b), the President may restore
    nondiscriminatory treatment to goods that are the product of
    Serbia or Montenegro, as the case may be, 30 days after he
    certifies to the Congress that Serbia or Montenegro, as the
    case may be--
              (1) has ceased its armed conflict with the other
            ethnic peoples of the region formerly comprising the
            Socialist Federal Republic of Yugoslavia;
              (2) has agreed to respect the borders of the 6
            republics that comprised the Socialist Federal Republic
            of Yugoslavia under the 1974 Yugoslav Constitution; and
              (3) has ceased all support of Serbian forces inside
            Bosnia-Hercegovina.
                                  (13) Albania

    Public Law 102-363 [H.J. Res. 507], 106 Stat. 969, approved August 26,
                                      1992

        JOINT RESOLUTION To approve the extension of nondiscriminatory
       treatment with respect to the products of the Republic of Albania.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    Congress approves the extension of nondiscriminatory treatment
    with respect to the products of the Republic of Albania
    transmitted by the President to the Congress on June 16,
    1992.\1\
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note. See also Public Law 106-200 (114 Stat.
    251) with respect to Albania, this volume, page 1178.
                    (14) Union of Soviet Socialist Republics

    Public Law 102-197 [H.J. Res 346], 105 Stat. 1622, approved December 9,
                                      1991

        A JOINT RESOLUTION Approving the extension of nondiscriminatory
    treatment with respect to the products of the Union of Soviet Socialist
                                   Republics.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    Congress approves the extension of nondiscriminatory treatment
    to the products of the Union of Soviet Socialist Republics
    transmitted by the President to the Congress on October 9,
    1991.\1\
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note. On October 9, 1991, the President
    implemented the ``Agreement on Trade Relations Between the United
    States of America and the Union of Soviet Socialist Republics'' signed
    on June 1, 1990 (Proclamation No. 6352, 56 F.R. 51317).
        (15) Czech and Slovakia, Hungary, Estonia, Latvia, and Lithuania

        Partial text of Public Law 102-182 [H.R. 1724], 105 Stat. 1233,
                           approved December 4, 1991

    AN ACT To provide for the termination of the application of title IV of
              the Trade Act of 1974 to Czechoslovakia and Hungary.

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

    SECTION 1.\1\ CONGRESSIONAL FINDINGS AND PREPARATORY PRESIDENTIAL
                        ACTION.

        (a) Congressional Findings.--The Congress finds that the
    Czech and Slovak Federal Republic and the Republic of Hungary
    both have--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note. Previously, in Public Law 101-541 (104
    Stat. 2380), approved November 8, 1990, Congress approved the extension
    of nondiscriminatory treatment with respect to the products of
    Czechoslovakia transmitted by the President to the Congress on
    September 6, 1990. The agreement was implemented by Proclamation No.
    6175 (55 F.R. 37643) on the same date, to become effective on the date
    of exchange of written notices of acceptance. On the same date, the
    President determined that the agreement with Czechoslovakia is in the
    national interest (55 F. R. 39259).
        A bilateral trade agreement with Hungary was implemented on April
    7, 1978 by Presidential Proclamation No. 4560 (43 F.R. 15125), to
    become effective on the date of written notices of acceptance. The
    trade agreement was renewed on June 2, 1981 (Presidential Determination
    No. 81-9); on June 23, 1987 (Presidential Determination No. 87-15, 52
    F.R. 23785); and on June 22, 1990 (Presidential Determination No. 90-
    27, 55 F.R. 25945).
    ---------------------------------------------------------------------------
              (1) dedicated themselves to respect for fundamental
            human rights;
              (2) accorded to their citizens the right to emigrate
            and to travel freely;
              (3) reversed over 40 years of communist dictatorship
            and embraced the establishment of political pluralism,
            free and fair elections, and multi-party political
            systems;
              (4) introduced far-reaching economic reforms based on
            market-oriented principles and have decentralized
            economic decisionmaking; and
              (5) demonstrated a strong desire to build friendly
            relationships with the United States.
        (b) Preparatory Presidential Action.--The Congress notes
    that the President in anticipation of the enactment of section
    2, has directed the United States Trade Representative to
    negotiate with the Czech and Slovak Federal Republic and the
    Republic of Hungary, respectively, in order to--
              (1) preserve the commitments of that country under
            the bilateral commercial agreement in effect between
            that country and the United States that are consistent
            with the General Agreement on Tariffs and Trade; and
              (2) obtain other appropriate commitments.

    SEC. 2.\1\ TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
                        1974 TO CZECHOSLOVAKIA AND HUNGARY.

        (a) \2\ Presidential Determinations and Extension of
    Nondiscriminatory Treatment.--Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may--
    ---------------------------------------------------------------------------
        \2\ The President made such a determination with respect to
    Czechoslovakia and Hungary on April 10, 1992 (Presidential
    Determination No. 92-21; 57 F.R. 12863; April 14, 1992), and issued a
    supporting proclamation on the same date (Proclamation No. 6419, April
    19, 1992, 57 F.R. 12865). Prior to the Passage of Public Law 102-182,
    the President extended a waiver to Czechoslovakia in Executive Order
    No. 12702 (February 20, 1990, 55 F.R. 6231, see this volume, page 1211
    for text). This waiver was extended by Presidential Determination No.
    90-22 of June 3, 1990 (55 F.R. 42831), and Presidential Determination
    No. 91-39 of June 3, 1991 (56 F.R. 27187).
        With respect to Hungary, a Presidential waiver was extended by
    Executive Order No. 12051 (April 7, 1978, 43 F.R. 15131, see page
    1213). This waiver was extended by Presidential Determination No. 81-8
    of June 2, 1981 (46 F.R. 30797); by Presidential Determination No. 83-7
    of June 3, 1983 (48 F.R. 26585); by Presidential Determination No. 84-9
    of May 31, 1994 (49 F.R. 24107); by Presidential Determination No. 86-
    10, June 3, 1986 (51 F.R. 22057); by Presidential Determination No. 87-
    14, June 2, 1987 (52 F.R. 22431); by Presidential Determination No. 88-
    18, June 3, 1988 (53 F.R. 21407); and by Presidential Determination No.
    89-14, May 31, 1989 (54 F.R. 26943).
    ---------------------------------------------------------------------------
              (1) determine that such title should no longer apply
            to the Czech and Slovak Federal Republic or to the
            Republic of Hungary, or to both; and
              (2) after making a determination under paragraph (1)
            with respect to a country, proclaim the extension of
            nondiscriminatory treatment (most-favored-nation
            treatment) to the products of that country.
        (b) Termination of Application of Title IV.--On and after
    the effective date of the extension under subsection (a)(2) of
    nondiscriminatory treatment to the products of a country, title
    IV of the Trade Act of 1974 shall cease to apply to that
    country.
    ---------------------------------------------------------------------------
        \3\ Sec. 3 amended the Emergency Unemployment Compensation Act of
    1991.
    ---------------------------------------------------------------------------

    SEC. 3.\3\ MODIFICATION OF THE EMERGENCY UNEMPLOYMENT COMPENSATION ACT
                        OF 1991. * * *

    SEC. 4. REPEAL OF THE PROHIBITION ON THE IMPORTATION OF SOVIET GOLD
                        COINS.

        Section 510 of the Comprehensive Anti-Apartheid Act of 1986
    (22 U.S.C. 5100) is repealed.

     TITLE I--EXTENSION OF NONDISCRIMINATORY TREATMENT TO ESTONIA, LATVIA,
                                AND LITHUANIA\1\

    SEC. 101. CONGRESSIONAL FINDINGS.

        The Congress finds the following:
              (1) The Government of the United States extended full
            diplomatic recognition to Estonia, Latvia, and
            Lithuania in 1922.
              (2) The Government of the United States entered into
            agreements extending most-favored-nation treatment with
            the Government of Estonia on August 1, 1925, the
            Government of Latvia on April 30, 1926, and the
            Government of Lithuania on July 10, 1926.
              (3) The Union of Soviet Socialist Republics
            incorporated Estonia, Latvia, and Lithuania
            involuntarily into the Union as a result of a secret
            protocol to a German-Soviet agreement in 1939 which
            assigned those three states to the Soviet sphere of
            influence; and the Government of the United States has
            at no time recognized the forcible incorporation of
            those states into the Union of Soviet Socialist
            Republics.
              (4) The Trade Agreements Extension Act of 1951
            required the President to suspend, withdraw, or prevent
            the application of trade benefits, including most-
            favored-nation treatment, to countries under the
            domination or control of the world Communist movement.
              (5) In 1951, responsible representatives of Estonia,
            Latvia, and Lithuania stated that they did not object
            to the imposition of ``such controls as the Government
            of the United States may consider to be appropriate''
            to the products of those countries, for such time as
            those countries remained under Soviet domination or
            control.
              (6) In 1990, the democratically elected governments
            of Estonia, Latvia, and Lithuania declared the
            restoration of their independence from the Union of
            Soviet Socialist Republics.
              (7) The Government of the United States established
            diplomatic relations with Estonia, Latvia, and
            Lithuania on September 2, 1991, and on September 6,
            1991, the State Council of the transitional government
            of the Union of Soviet Socialist Republics recognized
            the independence of Estonia, Latvia, and Lithuania,
            thereby ending the involuntary incorporation of those
            countries into, and the domination of those countries
            by, the Soviet Union.
              (8) Immediate action should be taken to remove the
            impediments, imposed in response to the circumstances
            referred to in paragraph (5), in United States trade
            laws to the extension of nondiscriminatory treatment
            (most-favored-nation treatment) to the products of
            those countries.
              (9) As a consequence of establishment of United
            States diplomatic relations with Estonia, Latvia, and
            Lithuania, these independent countries are eligible to
            receive the benefits of the Generalized System of
            Preferences provided for in title V of the Trade Act of
            1974.

    SEC. 102. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE PRODUCTS OF
                        ESTONIA, LATVIA, AND LITHUANIA.

        (a) In General.--Notwithstanding any provision of title IV
    of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) or any other
    provision of law, nondiscriminatory treatment (most-favored-
    nation treatment) applies to the products of Estonia, Latvia,
    and Lithuania.
        (b) Conforming Tariff Schedule Amendments.--General Note
    3(b) of the Harmonized Tariff Schedule of the United States is
    amended by striking out ``Estonia'', ``Latvia'', and
    ``Lithuania''.
        (c) Effective Date.--Subsection (a) and the amendments made
    by subsection (b) apply with respect to goods entered, or
    withdrawn from warehouse for consumption, on or after the 15th
    day after the date of the enactment of this Act.

    SEC. 103. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
                        1974 TO THE BALTICS.

        Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.)
    shall cease to apply to Estonia, Latvia, and Lithuania
    effective as of the 15th day after the date of the enactment of
    this Act.

    SEC. 104.\4\ SENSE OF THE CONGRESS REGARDING PROMPT PROVISION OF GSP
                        TREATMENT TO THE PRODUCTS OF ESTONIA, LATVIA, AND
                        LITHUANIA.

        It is the sense of the Congress that the President should
    take prompt action under title V of the Trade Act of 1974 to
    provide preferential tariff treatment to the products of
    Estonia, Latvia, and Lithuania pursuant to the Generalized
    System of Preferences.
    ---------------------------------------------------------------------------
        \4\ Estonia, Latvia, and Lithuania were added to the list of
    independent countries for purposes of the Generalized System of
    Preferences by Presidential Proclamation 6402 of February 5, 1992 (57
    F.R. 4833), effective February 22, 1992.
        \5\ For the Andean Trade Preference Act (title II, 19 U.S.C. 3201
    et seq.), see page 960.
        \6\ For the Chemical and Biological Weapons Control and Warfare
    Elimination Act of 1991 (title III, 22 U.S.C. 5601 et seq.), see
    Legislation on Foreign Relations Through 2005, vol. II-B.
    ---------------------------------------------------------------------------

           TITLE II--TRADE PREFERENCE FOR THE ANDEAN REGION \5\ * * *

              * * * * * * *

     TITLE III--CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL WEAPONS
                                   \6\ * * *

              * * * * * * *
                                 (16) Mongolia

     Public Law 102-157 [H.J. Res 281], 105 Stat. 1040, approved November
                                    13, 1991

        A JOINT RESOLUTION Approving the extension of nondiscriminatory
       treatment with respect to the products of the Mongolian People's
                                   Republic.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    Congress approves the extension of nondiscriminatory treatment
    to the products of Mongolian People's Republic transmitted by
    the President to the Congress on June 25, 1991.\1\
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note.
                               (17) East Germany

    Partial text of Public Law 101-382 [Customs and Trade Act of 1990; H.R.
                 1594], 104 Stat. 629, approved August 20, 1990

              Note.--The Customs and Trade Act of 1990 consists of
            amendments to several Public Laws; those amendments are
            incorporated at the appropriate places. Freestanding
            provisions are presented here, or it is noted where
            such provisions appear elsewhere in this compilation.

      AN ACT To make miscellaneous and technical changes to various trade
                                     laws.

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

    SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.

      (a) Short Title.--This Act may be cited as the ``Customs and
    Trade Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2101 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--
              * * * * * * *

       TITLE I--TRADE AGENCY AUTHORIZATION, CUSTOMS USER FEES, AND OTHER
                                   PROVISIONS

              * * * * * * *

                      Subtitle D--Miscellaneous Provisions

              * * * * * * *

    SEC. 138.\2\ ECONOMIC SANCTIONS AGAINST PRODUCTS OF BURMA. * * *

              * * * * * * *
    ---------------------------------------------------------------------------
        \2\ For text of sec. 138, see page 1650.
    ---------------------------------------------------------------------------

    SEC. 142. NONDISCRIMINATORY TREATMENT FOR THE PRODUCTS OF EAST GERMANY.

        Notwithstanding any other provision of law, the President
    may, by proclamation, lower the rate of duty under the
    Harmonized Tariff Schedule of the United States on products of
    the German Democratic Republic that are entered, or withdrawn
    from warehouses for consumption, in the customs territory of
    the United States--
              (1) after September 30, 1990; and
              (2) before the beginning date on which a unified
            Germany is treated as a country eligible for column 1
            duty treatment under such Harmonized Schedule;
    to any rate of duty that is not lower than the rate that would
    be imposed if the column 1 general rate of duty provided for in
    such Schedule applied to the product at the time of entry or
    withdrawal.

                TITLE II--CARIBBEAN BASIN ECONOMIC RECOVERY \3\

              * * * * * * *
    ---------------------------------------------------------------------------
        \3\ Freestanding provisions of title II may be found beginning at
    page 981.
    ---------------------------------------------------------------------------

                  TITLE IV--EXPORTS OF UNPROCESSED TIMBER \4\

              * * * * * * *
    ---------------------------------------------------------------------------
        \4\ Freestanding provisions of title IV may be found in Legislation
    on Foreign Relations Through 2005, vol. IV, sec. N.
                       h. Trade Act of 1974--Waivers \1\

         (1) Waiver Under the Trade Act of 1974 With Respect to Belarus

               Executive Order 13220, July 2, 2001, 66 F.R. 35527

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including subsection 402(c)(2) of the Trade Act of 1974, as
    amended (the ``Act'')(19 U.S.C. 2432(c)(2)), which continues to
    apply to the Republic of Belarus pursuant to subsection 402(d)
    of the Act (19 U.S.C. 2432(d)), and having made the report to
    the Congress required by subsection 402(c)(2), I hereby waive
    the application of subsections 402(a) and 402(b) of the Act
    with respect to the Republic of Belarus.
    ---------------------------------------------------------------------------
        \1\ See also Normal Trade Relations (Most-Favored-Nation)
    Extensions, Suspensions, Terminations, beginning at page 1170.
     (2) Waiver Under the Trade Act of 1974 With Respect to Tajikistan and
                                  Turkmenistan

              Executive Order 12811, June 24, 1992, 57 F.R. 28585

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974, as
    amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
    apply to Tajikistan and Turkmenistan pursuant to section 402(d)
    of the Act, and having made the report to the Congress required
    by section 402(c)(2), I hereby waive the application of
    sections 402(a) and 402(b) of the Act with respect to
    Tajikistan and Turkmenistan.\1\
    ---------------------------------------------------------------------------
        \1\ This waiver was extended by Presidential Determination No. 93-
    25 of June 2, 1993 (58 F.R. 33005); Presidential Determination No. 95-
    24 of June 2, 1995 (60 F.R. 31049); Presidential Determination No. 96-
    30 of June 3, 1996 (61 F.R. 29457); and Presidential Determination No.
    94-28 of June 3, 1997 (62 F.R. 32019).
        On December 5, 1997, the President determined that Tajikistan and
    Turkmenistan ``are not in violation of paragraph (1), (2), or (3) of
    subsection 402(a) of the Act [of 1974] or paragraph (1), (2) or (3) of
    subsection 409(a)'' (Presidential Determination No. 98-7, 62 F.R.
    66253).
        (3) Waiver Under the Trade Act of 1974 With Respect to Albania,
       Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan

               Executive Order 12809, June 3, 1992, 57 F.R. 23925

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974, as
    amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
    apply to Albania, Azerbaijan, Georgia, Kazakhstan, Moldova,
    Ukraine, and Uzbekistan pursuant to section 402(d) of the Act,
    and having made the report to the Congress required by section
    402(c)(2) of the Act, I hereby waive the application of
    sections 402(a) and 402(b) of the Act with respect to Albania,
    Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and
    Uzbekistan.\1\
    ---------------------------------------------------------------------------
        \1\ The waivers were extended by Presidential Determination No. 93-
    25 (June 2, 1993, 58 F.R. 33005); Presidential Determination No. 95-24
    (June 2, 1995, 60 F.R. 31049); Presidential Determination No. 96-30
    (June 3, 1996, 61 F.R. 29457); and Presidential Determination No. 97-28
    (June 3, 1997, 62 F.R. 32019).
        On June 3, 1997, the President determined that Armenia, Azerbaijan,
    Georgia, Moldova, and Ukraine ``are not in violation of paragraph (1),
    (2), or (3) of subsection 402(a) of the Act [of 1974] or paragraph (1),
    (2) or (3) of subsection 409(a)'' (Presidential Determination No. 97-
    27, 62 F.R. 66253). A similar determination was made for Kazakhstan,
    Kyrgyzstan, and Uzbekistan on December 5, 1997 (Presidential
    Determination No. 98-7, 62 F.R. 66253).
    (4) Waiver Under the Trade Act of 1974 With Respect to the Republic of
        Byelarus, the Republic of Kyrgyzstan, and the Russian Federation

              Executive Order 12802, April 16, 1992, 57 F.R. 14321

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974, as
    amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
    apply to the Republic of Byelarus, the Republic of Kyrgyzstan,
    and the Russian Federation pursuant to section 402(d) of the
    Act, and having made the report to the Congress required by
    section 402(c)(2) of the Act, I waive the application of
    sections 402(a) and 402(b) of the Act with respect to the
    Republic of Byelarus, the Republic of Kyrgyzstan, and the
    Russian Federation.\1\
    ---------------------------------------------------------------------------
        \1\ In Presidential Determination No. 93-25 (June 2, 1993, 58 F.R.
    33005), the President determined ``that the continuation of the waivers
    applicable to Albania, Armenia, Azerbaijan, Belarus, Georgia,
    Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Romania, Russia, Tajikistan,
    Turkmenistan, Ukraine, and Uzbekistan will substantially promote the
    objectives of section 402 of the [Trade] Act [of 1974].''. The
    President continued the waiver for Albania, Armenia, Azerbaijan,
    Belarus, Georgia, Kazakstan, Kyrgystan, Moldova, Mongolia, Tajikistan,
    Turkmenistan, Ukraine, and Uzbekistan in Presidential Determination No.
    95-24 of June 2, 1995 (60 F.R. 31049); and in Presidential
    Determination No. 96-30 of June 3, 1996 (61 F.R. 29457). Presidential
    waiver authority continued to be exercised with respect to Belarus in
    Presidential Determination No. 98-28 (June 3, 1998, 63 F.R. 32709),
    Presidential Determination No. 99-26 (June 3, 1999, 64 F.R. 31109);
    Presidential Determination No. 2000-22 (June 2, 2000, 65 F.R. 36311);
    and Presidential Determination No. 2001-20 (July 2, 2001, 66 F.R.
    37109).
         (5) Waiver Under the Trade Act of 1974 With Respect to Armenia

              Executive Order 12798, April 6, 1992, 57 F.R. 12175

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974, as
    amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
    apply to Armenia pursuant to section 402(d) of the Act, and
    having made the report to the Congress required by section
    402(c)(2) of the Act, I waive the application of sections
    402(a) and 402(b) of the Act with respect to Armenia.\1\
    ---------------------------------------------------------------------------
        \1\ This waiver was continued in Presidential Determination No. 93-
    25 (June 2, 1993, 58 F.R. 33005); Presidential Determination No. 95-24
    (June 2, 1995, 60 F.R. 31049); and Presidential Determination No. 96-30
    (June 3, 1996, 61 F.R. 29457).
        On June 3, 1997, the President determined that Armenia, Azerbaijan,
    Georgia, Moldova, and Ukraine ``are not in violation of paragraph (1),
    (2), or (3) of subsection 402(a) of the Act [of 1974] or paragraph (1),
    (2) or (3) of subsection 409(a)'' (Presidential Determination No. 97-
    27, 62 F.R. 66253).
         (6) Waiver Under the Trade Act of 1974 With Respect to Romania

             Executive Order 12772, August 17, 1991, 56 F.R. 41621

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974, as
    amended (``Act'') (19 U.S.C. 2432(c)(2)), which continues to
    apply to Romania pursuant to section 402(d), and having made
    the report to the Congress required by section 402(c)(2) of the
    Act, I waive the application of sections 402(a) and 402(b) of
    the Act with respect to Romania.\1\
    ---------------------------------------------------------------------------
        \1\ See also Public Law 104-171 (110 Stat. 1539), page 1185,
    relating to Romania.
        (7) Waiver Under the Trade Act of 1974 With Respect to Mongolia

             Executive Order 12746, January 23, 1991, 56 F.R. 2837

        By virtue of the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974 (``the
    Act'') (19 U.S.C. 2432(c)(2)), which continues to apply to
    Mongolia pursuant to section 402(d), and having made the report
    to the Congress required by section 402(c)(2), I waive the
    application of subsections (a) and (b) of section 402 of the
    Act with respect to Mongolia.\1\
    ---------------------------------------------------------------------------
        \1\ See also sec. 2434 of Public Law 106-36 (113 Stat. 180), page
    1181, relating to Mongolia.
        (8) Waiver Under the Trade Act of 1974 With Respect to Bulgaria

             Executive Order 12745, January 22, 1991, 56 F.R. 2835

        By virtue of the authority vested in me as President by the
    Constitution and the law of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974 (``the
    Act'') (19 U.S.C. 2432(c)(2)), which continues to apply to
    Bulgaria pursuant to section 402(d), and having made the report
    to the Congress required by section 402(c)(2), I waive the
    application of subsections (a) and (b) of section 402 of the
    Act with respect to Bulgaria.\1\
    ---------------------------------------------------------------------------
        \1\ See also Public Law 104-162 (110 Stat. 1414), page 1187,
    relating to Bulgaria.
    (9) Waiver Under the Trade Act of 1974 With Respect to the Soviet Union

             Executive Order 12740, December 29, 1990, 56 F.R. 355

        By virtue of the authority vested in me as President by the
    Constitution and the law of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974 (``the
    Act'') (19 U.S.C. 2432(c)(2)), which continues to apply to the
    Soviet Union pursuant to section 402(d), and having made the
    report to the Congress required by section 402(c)(2), I waive
    the application of subsections (a) and (b) of section 402 of
    the Act with respect to the Soviet Union.\1\
    ---------------------------------------------------------------------------
        \1\ See also Public Law 102-197 (105 Stat. 1622), page 1193;
    Executive Order 12802 (page 1204); and Executive Order 12809 (page
    1203), with respect to the former Soviet Union and the Russian
    Federation.
      (10) Waiver Under the Trade Act of 1974 With Respect to the German
                              Democratic Republic

             Executive Order 12726, August 15, 1990, 55 F.R. 33637

        By virtue of the authority vested in me as President by the
    Constitution and the law of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974 (the Act)
    (19 U.S.C. 2432(c)(2)), which continues to apply to the German
    Democratic Republic pursuant to section 402(d), and having made
    the report to the Congress required by section 402(c)(2), I
    waive the application of subsections (a) and (b) of section 402
    of the Act with respect to the German Democratic Republic.\1\
    ---------------------------------------------------------------------------
        \1\ In Presidential Determination No. 90-30 (August 15, 1990, 55
    F.R. 35421), the President determined ``that a waiver by Executive
    order of the application of subsections (a) and (b) of section 402 of
    the [Trade] Act [of 1974] with respect to the German Democratic
    Republic will substantially promote the objectives of section 402.''.
    On October 3, 1990, the German Democratic Republic united with the
    Federal Republic of Germany, automatically ending the suspension of
    East Germany's MFN status.
     (11) Waiver Under the Trade Act of 1974 With Respect to Czechoslovakia

             Executive Order 12702, February 20, 1990, 55 F.R. 6231

        By virtue of the authority vested in me as President by the
    Constitution and the law of the United States of America,
    including section 402(c)(2) of the Trade Act of 1974 (19 U.S.C.
    2432(c)(2)), which continues to apply to Czechoslovakia
    pursuant to section 402(d), and having made the report to the
    Congress required by section 402(c)(2), I waive the application
    of subsections (a) and (b) of section 402 of said Act with
    respect to Czechoslovakia.\1\
    ---------------------------------------------------------------------------
        \1\ See Public Law 102-182 (105 Stat. 1233), page 1194, in relation
    to Czechoslovakia.
     (12) Waiver Under the Trade Act of 1974 With Respect to the People's
                               Republic of China

             Executive Order 12167, October 23, 1979, 44 F.R. 61167

        By virtue of the authority vested in me as President of the
    United States of America by Section 402(c)(2) of the Trade Act
    of 1974 (Public Law 93-618, January 3, 1975; 88 Stat. 1978),
    which continues to apply to the People's Republic of China
    pursuant to Section 402(d), and having made the report to the
    Congress required by Section 402(c)(2), I waive the application
    of subsections (a) and (b) of Section 402 of said Act with
    respect to the People's Republic of China.\1\
    ---------------------------------------------------------------------------
        \1\ See also Public Law 106-286 (114 Stat. 880), page 1176,
    relative to the People's Republic of China.
     (13) Waiver Under the Trade Act of 1974 With Respect to the Hungarian
                               People's Republic

              Executive Order 12051, April 7, 1978, 43 F.R. 15131

        By virtue of the authority vested in me as President of the
    United States of America by Section 402(c)(2) of the Trade Act
    of 1974 (88 Stat. 2057, 19 U.S.C. 2432(c)(2)), which continues
    to apply to the Hungarian People's Republic pursuant to Section
    402(d), and having made the report to the Congress required by
    Section 402(c)(2), I waive the application of subsections (a)
    and (b) of Section 402 of said Act with respect to the
    Hungarian People's Republic.\1\
    ---------------------------------------------------------------------------
        \1\ See also Public Law 102-182 (105 Stat. 1233), page 1194, with
    respect to Hungary.
     (14) Waiver Under the Trade Act of 1974 With Respect to the Socialist
                              Republic of Romania

              Executive Order 11854, April 24 1975, 40 F.R. 18391

        By virtue of the authority vested in me by Section
    402(c)(1) of the Trade Act of 1974 (Public Law 93-618, January
    3, 1975; 88 Stat. 1857, 2057), and having made the report to
    the Congress required by that provision, I hereby waive the
    application of subsections (a) and (b) of section 402 of said
    Act with respect to the Socialist Republic of Romania.\1\
    ---------------------------------------------------------------------------
        \1\ See also Executive Order 12772, page 1206 and Public Law 104-
    171 (110 Stat. 1539), page 1185, with respect to Romania.
                             2. Export-Import Bank

                 a. Export-Import Bank Act of 1945, as amended

    Public Law 79-173 [H.R. 3771], 59 Stat. 526, approved July 31, 1945; as
       amended by Public Law 79-282 [H.R. 4683], 59 Stat. 666, approved
     December 28, 1945; Public Law 80-89 [S. 993], 61 Stat. 130, approved
       June 9, 1947; Public Law 82-158 [S. 2006], 65 Stat. 367, approved
     October 3, 1951; Public Law 83-30 [H.R. 4465], 67 Stat. 28, approved
       May 21, 1953; Public Law 83-570 [S. 3589], 68 Stat. 677, approved
    August 9, 1954; Public Law 83-779 [H.R. 9730], 68 Stat. 1237, approved
    September 3, 1954; Public Law 85-55 [H.R. 4136], 71 Stat. 82, approved
    June 17, 1957; Public Law 85-424 [S. 3149], 72 Stat. 133, approved May
    22, 1958; Public Law 87-311 [S. 2325], 75 Stat. 673, approved September
     26 1961; Public Law 88-101 [H.R. 3872], 77 Stat. 128, approved August
    20, 1963; Public Law 89-348 [S. 2150], 79 Stat. 1312, approved November
     8, 1965; Public Law 90-267 [S. 1155], 82 Stat. 47, approved March 13,
    1968; Public Law 92-126 [Export Expansion Finance Act of 1971; S. 581],
      86 Stat. 345, approved August 17, 1971; Public Law 93-331 [S.J. Res
    218], 88 Stat. 289, approved July 4, 1974; Public Law 93-374 [S.J. Res.
     229], 88 Stat. 445, approved August 14, 1974; Public Law 93-425 [S.J.
     Res. 244], 88 Stat. 1166, approved September 30, 1974; Public Law 93-
     450 [S.J. Res. 251], 88 Stat. 1368, approved October 18, 1974; Public
      Law 93-646 [Export-Import Bank Amendments of 1974; H.R. 15977], 88
    Stat. 2333, approved January 4, 1975; Public Law 95-143 [H.R. 6415], 91
      Stat. 1210, approved October 26, 1977; Public Law 95-407 [H.J. Res.
      1140], 92 Stat. 882, approved September 30 1978; Public Law 95-630
      [Financial Institutions Regulatory and Interest Rate Control Act of
     1978; H.R. 14279], 92 Stat. 3641 at 3724, approved November 10, 1978;
    Public Law 96-470 [Congressional Reports Elimination Act of 1980; H.R.
    6686], 94 Stat. 2237 at 2245, approved October 19, 1980; Public Law 97-
    35 [Omnibus Budget Reconciliation Act of 1981; H.R. 3982], 95 Stat. 357
    at 431, approved August 13, 1981; Public Law 98-109 [H.J. Res. 366], 97
      Stat. 745 at 746, approved October 1, 1983; Public Law 98-143 [S.J.
     Res. 189], 97 Stat. 916, approved November 1, 1983; Public Law 98-181
    [Supplemental Appropriations, 1984; H.R. 3959], 97 Stat. 1153 at 1255,
       approved November 30, 1983; Public Law 99-440 [Comprehensive Anti-
    Apartheid Act of 1986; H.R. 4868], 100 Stat. 1086, approved October 2,
      1986; Public Law 99-472 [Export-Import Bank Act Amendments of 1986;
     H.R. 5548], 100 Stat. 1200, approved October 15, 1986; Public Law 99-
     509 [Omnibus Budget Reconciliation Act of 1986; H.R. 5300], 100 Stat.
     1874, approved October 21, 1986; Public Law 100-217 [Tied Aid Credit
     Fund Reimbursements: Extension; H.R. 3289], 101 Stat. 1454, approved
           December 29, 1987; Public Law 100-418 [Omnibus Trade and
       Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
    August 23, 1988; Public Law 100-690 [Anti-Drug Abuse Act of 1988; H.R.
     5210], 102 Stat. 4181, approved November 18, 1988; Public Law 101-240
      [International Development and Finance Act of 1989, H.R. 2494], 103
      Stat. 2492, approved December 19, 1989; Public Law 101-513 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; Public Law
     101-623 [International Narcotics Control Act of 1990, H.R. 5567], 104
      Stat. 3350, approved November 21, 1990; Public Law 102-145 [Further
     Continuing Appropriations, Fiscal Year 1992, as amended by Public Law
     102-266], 105 Stat. 968 [at 106 Stat. 95], approved October 28, 1991;
        Public Law 102-429 [Export Enhancement Act of 1992, H.R. 5739],

          106 Stat. 2186, approved October 21, 1992; Public Law 102-583
      [International Narcotics Control Act of 1992, H.R. 6187], 106 Stat.
    4914, approved November 2, 1992; Public Law 103-87 [Foreign Operations,
     Export Financing, and Related Programs Appropriations Act, 1993; H.R.
     2295], 107 Stat. 931, approved September 30, 1993; Public Law 103-149
     [South African Democratic Transition Support Act of 1993; H.R. 3225],
    107 Stat. 1503, approved November 23, 1993; Public Law 103-236 [Foreign
     Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333],
    108 Stat. 382, approved April 30, 1994; Public Law 103-428 [H.R. 4455],
         108 Stat. 4375, approved October 31, 1994; Public Law 103-447
     [International Narcotics Control Corrections Act of 1994; H.R. 5246],
      108 Stat. 4691, approved November 2, 1994; Public Law 104-97 [H.R.
      2203], 109 Stat. 984, approved January 11, 1996; Public Law 104-107
          [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1996; H.R. 1868], 110 Stat. 704, approved February
     12, 1996; Public Law 104-201 [National Defense Authorization Act for
     Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September 23,
      1996; Public Law 105-121 [Export-Import Bank Reauthorization Act of
    1997; S. 1026], 111 Stat. 2528, approved November 26, 1997; Public Law
    106-46 [H.R. 2565], 113 Stat. 227, approved August 11, 1999; Public Law
     106-569 [American Homeownership and Economic Opportunity Act of 2000;
    H.R. 5640], 114 Stat. 2944, approved December 27, 2000; and Public Law
    107-189 [Export-Import Bank Reauthorization Act of 2002; S. 1372], 116
                       Stat. 698, approved June 14, 2002

     AN ACT To provide for increasing the lending authority of the Export-
           Import Bank 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, That this
    Act may be cited as the ``Export-Import Bank Act of 1945.''
        Sec. 2.\1\ (a)(1) There is hereby created a corporation
    with the name Export-Import Bank of the United States \2\ which
    shall be an agency of the United States of America. The objects
    and purposes of the Bank shall be to aid in financing and to
    facilitate exports of goods and services, imports, and the
    exchange of commodities and services \3\ between the United
    States or any of its territories or insular possessions and any
    foreign country or the agencies or nationals of any such
    country, and in so doing to contribute to the employment of
    United States workers. The Bank's objective in authorizing
    loans, guarantees, insurance, and credits shall be to
    contribute to maintaining or increasing employment of United
    States workers.\4\ In connection with and in furtherance of its
    objects and purposes, the Bank is authorized and empowered to
    do a general banking business except that of circulation; to
    receive deposits; to purchase, discount, rediscount, sell, and
    negotiate, with or without its endorsement or guaranty, and to
    guarantee notes, drafts, checks, bills of exchange,
    acceptances, including bankers' acceptances, cable transfers,
    and other evidences of indebtedness; to guarantee, insure, co-
    insure, reinsure against political and credit risks of loss;
    \5\ to purchase, sell, and guarantee securities but not to
    purchase with its funds any stock in any other corporation
    except that it may acquire any such stock, through the
    enforcement of any lien or pledge or otherwise to satisfy a
    previously contracted indebtedness to it; to accept bills and
    drafts drawn upon it; to issue letters of credit; to purchase
    and sell coin, bullion, and exchange; to borrow and to lend
    money; to perform any act herein authorized in participation
    with any other person, including any individual, partnership,
    corporation, or association; to adopt, alter, and use a
    corporate seal, which shall be judicially noticed; to sue and
    to be sued, to complain and to defend in any court of competent
    jurisdiction; to represent itself or to contract for
    representation in all legal and arbitral proceedings outside
    the United States; \5\ and the enumeration of the foregoing
    powers shall not be deemed to exclude other powers necessary to
    the achievement of the objects and purposes of the Bank. The
    Bank shall be entitled to the use of the United States mails in
    the same manner and upon the same conditions as the executive
    departments of the Government. The Bank is authorized to
    publish or arrange for the publications of any documents,
    reports, contracts, or other material necessary in connection
    with or in furtherance of its objects and purposes without
    regard to the provisions of section 501 of title 44, United
    States Code, whenever the Bank determines that publication in
    accordance with the provisions of such section would not be
    practicable.\6\ Subject to regulations which the Bank shall
    issue pursuant to section 553 of title 5, United States Code,
    the Bank may \7\ impose and collect reasonable fees to cover
    the costs of conferences and seminars sponsored by, and
    publications provided by, the Bank, and may accept
    reimbursement for travel and subsistence expenses incurred by a
    director, officer, or employee of the Bank, in accordance with
    subchapter I of chapter 57 of title 5, United States Code.\7\
    Amounts received under the preceding sentence shall be credited
    to the fund which initially paid for such activities and shall
    be offset against the expenses of the Bank for such
    activities.\8\ The Bank is hereby authorized to use all of its
    assets and all moneys which have been or may thereafter be
    allocated to or borrowed by it in the exercise of its
    functions. Net earnings of the Bank after reasonable provision
    for possible losses shall be used for payment of dividends on
    capital stock. Any such dividends shall be deposited into the
    Treasury as miscellaneous receipts.
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 635. The Act of December 28, 1945 (59 Stat. 666),
    amended and restated subsec. (a)(1). Subsequently, the Act of June 9,
    1947 (61 Stat. 130), further amended and restated subsec. (a)(1).
        \2\ Public Law 90-267 (82 Stat. 47) changed the name of the Bank
    from the ``Export-Import Bank of Washington'' to the ``Export-Import
    Bank of the United States''.
        \3\ Sec. 616(a)(1) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1257) added the words ``and
    services''.
        \4\ Sec. 2 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 698) amended and restated this sentence.
    It previously read as follows:
        ``The objects and purposes of the Bank shall be to aid in financing
    and to facilitate exports and imports and the exchange of commodities
    and services between the United States or any of its territories or
    insular possessions and any foreign country or the agencies or
    nationals thereof.''.
        \5\ Sec. 2 of Public Law 93-646 (88 Stat. 2333) added this phrase.
        \6\ Sec. 2 of Public Law 93-646 (88 Stat. 2333) added this
    sentence.
        \7\ Sec. 101(c)(1) of the International Development and Finance Act
    of 1989 (Public Law 101-240; 103 Stat. 2494), struck out ``The Bank
    may'' in this sentence, added the opening clause to this point, and
    inserted text at the end of this sentence beginning with ``, and may
    accept''.
        Previously, sec. 2 of the Export-Import Bank Act Amendments of 1986
    (Public Law 99-472; 100 Stat. 1200) amended this sentence.
        \8\ Sec. 101(c)(2) of the International Development and Finance Act
    of 1989 (Public Law 101-240; 103 Stat. 2494), inserted ``and shall be
    offset against the expenses of the Bank for such activities'' before
    the period.
    ---------------------------------------------------------------------------
        (2) \9\ In order for the Bank to be competitive in all of
    its financing programs with countries whose exports compete
    with United States exports, the Bank shall establish a program
    that--
    ---------------------------------------------------------------------------
        \9\ Sec. 622 of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1261) added para. (2).
    Previously, Public Law 92-126 (85 Stat. 346) had added para. (2), which
    was repealed by sec. 13 of Public Law 93-646 (88 Stat. 2337).
    ---------------------------------------------------------------------------
              (A) provides medium-term financing where necessary to
            be fully competitive--
                      (i) at rates of interest to the customer
                    which are equal to rates established in
                    international agreements; and
                      (ii) in amounts up to 85 percent of the total
                    cost of the exports involved; and
              (B) enables the Bank to cooperate fully with the
            Secretary of Commerce and the Administrator of the
            Small Business Administration to develop a program for
            purposes of disseminating information (using existing
            private institutions) to small business concerns
            regarding the medium-term financing provided under this
            paragraph.
        (3) \10\ Enhancement of Medium-Term Program.--To enhance
    the medium-term financing program established pursuant to
    paragraph (2), the Bank shall establish measures to--
    ---------------------------------------------------------------------------
        \10\ Sec. 4 of Public Law 99-472 (100 Stat. 1200) added para. (3).
    Sec. 121(a) of the Export Enhancement Act of 1992 (Public Law 102-429;
    106 Stat. 2198) struck out the designation for subpara. (A), struck out
    subpara. (B), and redesignated clauses (i) through (iv) as subparas.
    (A) through (D).
    ---------------------------------------------------------------------------
              (A) \10\ improve the competitiveness of the Bank's
            medium-term financing and ensure that its medium-term
            financing is fully competitive with that of other major
            official export credit agencies;
              (B) \10\ ease the administrative burdens and
            procedural and documentary requirements imposed on the
            users of medium-term financing;
              (C) \10\ attract the widest possible participation of
            private financial institutions and other sources of
            private capital in the medium-term financing of United
            States exports; and
              (D) \10\ render the Bank's medium-term financing as
            supportive of United States exports as is its Direct
            Loan Program.
        (b)(1) \11\ (A) It is the policy of the United States to
    foster expansion of exports of manufactured goods, agricultural
    products, and other goods and services,\12\ thereby
    contributing to the promotion and maintenance of high levels of
    employment and real income, a commitment to reinvestment and
    job creation, and the increased development of the productive
    resources of the United States.\13\ To meet this objective in
    all its programs,\14\ the Export-Import Bank is directed, in
    the exercise of its functions, to provide guarantees,
    insurance, and extensions of credit at rates and on terms and
    other conditions which are fully \15\ competitive with the
    Government-supported rates and terms and other conditions
    available for the financing of exports of goods and services
    \16\ from the principal countries whose exporters compete with
    United States exporters. The Bank shall, in cooperation with
    the export financing instrumentalities of other governments,
    seek to minimize competition in Government-supported export
    financing and shall, in cooperation with other appropriate
    United States Government agencies, seek to reach international
    agreements to reduce government subsidized export financing.
    The Bank shall,\17\ not later than June 30 of each year,\18\
    report to the appropriate committees of Congress its actions in
    complying with these directives. In this report the Bank shall
    include a survey of all other major export-financing facilities
    available from other governments and government-related
    agencies through which foreign exporters compete with United
    States exporters (including through use of market windows) \19\
    and indicate in specific terms the ways in which the Bank's
    rates, terms, and other conditions compare with those offered
    from such other governments directly or indirectly. With
    respect to the preceding sentence, the Bank shall use all
    available information to estimate the annual amount of export
    financing available from each government and government-related
    agency.\20\ Further the Bank shall at the same time survey a
    representative number of United States exporters and United
    States commercial lending institutions which provide export
    credit to determine their experience in meeting financial
    competition from other countries whose exporters compete with
    United States exporters. The results of this survey shall be
    included as part of the annual report required by this
    subparagraph. The Bank shall include in the annual report a
    description of its role in the implementation of the strategic
    plan prepared by the Trade Promotion Coordinating Committee in
    accordance with section 2312 of the Export Enhancement Act of
    1988.\21\ The annual report required under this subparagraph
    shall include the report required under section 10(g).\22\ The
    Bank shall include in the annual report a description of all
    Bank transactions which shall be classified according to their
    principal purpose, such as to correct a market failure or to
    provide matching support.\23\ The Bank shall include in the
    annual report a description of the efforts undertaken under
    subparagraph (K).\24\
    ---------------------------------------------------------------------------
        \11\ Public Law 92-126 (85 Stat. 345) amended and restated subsec.
    (b)(1). Subsequently, sec. 3 of Public Law 93-646 (88 Stat. 2333)
    further amended and restated subsec. (b)(1).
        \12\ Sec. 1910 of Public Law 95-630 (92 Stat. 3726) struck out
    ``goods and related services'' and inserted in lieu thereof
    ``manufactured goods, agricultural products, and other goods and
    services''.
        \13\ Sec. 10 of the Export-Import Bank Reauthorization Act of 1997
    (Public Law 105-121, 111 Stat. 2530), struck out ``real income, to the
    increased development of the productive resources of the United
    States.'' and inserted in lieu thereof ``real income, a commitment to
    reinvestment and job creation, and the increased development of the
    productive resources of the United States.''.
        \14\ Sec. 612(a)(1) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1255) inserted ``in all
    its programs''.
        \15\ Sec. 612(a)(2) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1255) inserted ``fully''.
        \16\ Sec. 616(a)(2) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1255) inserted ``of goods
    and services''.
        \17\ Sec. 1 of Public Law 95-143 (91 Stat. 1210) inserted ``and
    shall, in cooperation with other appropriate United States Government
    agencies, seek to reach international agreements to reduce government
    subsidized export financing. The Bank shall, on''.
        \18\ Sec. 11(1) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 704) struck out ``on an annual
    basis'' and inserted in lieu thereof ``not later than June 30 of each
    year''. Previously, sec. 210 of Public Law 96-470 (94 Stat. 2245)
    altered this requirement from a semiannual report to an annual report.
    Sec. 1103(d)(1) of Public Law 106-569 (114 Stat. 3030) struck out ``a
    annual'' and inserted ``an annual''.
        \19\ Sec. 11(2) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 704) inserted ``(including through
    use of market windows)''.
        \20\ Sec. 11(3) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 704) added this sentence.
        \21\ Sec. 121(a)(2) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2198) struck out ``The Bank shall also include
    in the annual report a description of each loan by the Bank involving
    the export of any product or service related to the production,
    refining, or transportation of any type of energy or the development of
    any energy resources with a statement assessing the impact, if any, on
    the availability of such products, services, or energy supplies thus
    developed for use within the United States.'', and inserted in lieu
    thereof ``The Bank shall include in the annual report a description of
    its role in the implementation of the strategic plan prepared by the
    Trade Promotion Coordinating Committee in accordance with section 2312
    of the Export Enhancement Act of 1988.''.
        \22\ Sec. 1103(d)(1) of Public Law 106-569 (114 Stat. 3030) added
    this sentence.
        \23\ Sec. 11(4) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 704) added this sentence.
        \24\ Sec. 13(b) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 705) added this sentence.
    ---------------------------------------------------------------------------
        (B) It is further the policy of the United States that
    loans made by the Bank in all its programs shall bear interest
    at rates determined by the Board of Directors, consistent with
    the Bank's mandate to support United States exports at rates
    and on terms and conditions which are fully competitive with
    exports of other countries, and consistent with international
    agreements. For the purpose of the preceding sentence, rates
    and terms and conditions need not be identical in all respects
    \25\ to those offered by foreign countries, but should be
    established so that the effect of such rates, terms, and
    conditions for all the Bank's programs, including those for
    small businesses and for medium-term financing, will be to
    neutralize the effect of such foreign credit on international
    sales competition. The Bank shall consider its average cost of
    money as one factor in its determination of interest rates,
    where such consideration does not impair the Bank's primary
    function of expanding United States exports through fully
    competitive financing. The Bank may not impose a credit
    application fee unless (i) the fee is competitive with the
    average fee charged by the Bank's primary foreign competitors,
    and (ii) the borrower or the exporter is given the option of
    paying the fee at the outset of the loan or over the life of
    the loan and the present value of the fee determined under
    either such option is the same amount.\26\ It is also the
    policy of the United States \27\ that the Bank in the exercise
    of its functions should supplement and encourage, and not
    compete with, private capital; that the Bank, in determining
    whether to provide support for a transaction under the loan,
    guarantee, or insurance program, or any combination thereof,
    shall consider the need to involve private capital in support
    of United States exports as well as the cost of the transaction
    as calculated in accordance with the requirements of the
    Federal Credit Reform Act of 1990; \28\ that the Bank shall
    accord equal opportunity to export agents and managers,
    independent export firms, export trading companies,\29\ and
    small commercial banks in the formulation and implementation of
    its programs; \30\ that the Bank should give emphasis to
    assisting new and small business entrants in the agricultural
    export market, and shall, in cooperation with other relevant
    Government agencies, including the Commodity Credit
    Corporation, develop a program of education to increase
    awareness of export opportunities among small agribusinesses
    and cooperatives,\31\ that loans, so far as possible consistent
    with the carrying out of the purposes of subsection (a) of this
    section, shall generally be for specific purposes, and, in the
    judgment of the Board of Directors, offer reasonable assurance
    of repayment; and that in authorizing any loan or guarantee,
    the Board of Directors shall take into account any serious
    adverse effect of such loan or guarantee on the competitive
    position of United States industry, the availability of
    materials which are in short supply in the United States, and
    employment in the United States, and shall give particular
    emphasis to the objective of strengthening the competitive
    position of United States exporters and thereby of expanding
    total United States exports. Only in cases where the President,
    after consultation with the Committee on \32\ Financial
    Services of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate \33\
    determines that such action would be in the national interest
    where such action would clearly and importantly advance United
    States policy in such areas as international terrorism
    (including, when relevant, a foreign nation's lack of
    cooperation in efforts to eradicate terrorism),\34\ nuclear
    proliferation, the enforcement of the Foreign Corrupt Practices
    Act of 1977, the Arms Export Control Act, the International
    Emergency Economic Powers Act, or the Export Administration Act
    of 1979,\35\ environmental protection and human rights (such as
    are provided in the Universal Declaration of Human Rights
    adopted by the United Nations General Assembly on December 10,
    1948) \36\ (including child labor),\37\ should the Export-
    Import Bank deny applications for credit for nonfinancial or
    noncommercial considerations.\38\ Each such determination shall
    be delivered in writing to the President of the Bank, shall
    state that the determination is made pursuant to this section,
    and shall specify the applications or categories of
    applications for credit which should be denied by the Bank in
    furtherance of the national interest.\39\
    ---------------------------------------------------------------------------
        \25\ Sec. 5 of Public Law 99-472 (100 Stat. 1201) struck out
    ``equivalent'' and inserted in lieu thereof ``identical in all
    respects''.
        \26\ Sec. 3 of Public Law 99-472 (100 Stat. 1200) added this
    sentence.
        \27\ Sec. 612(b) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1255) amended and restated
    subpara. (B) to this point.
        \28\ Sec. 104 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2189) added this clause.
        \29\ Sec. 612(c) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1255) inserted ``export
    trading companies,''.
        \30\ Sec. 618(a)(1) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1258) struck out text
    which previously appeared at this point concerning the Bank's policy
    toward small business concerns. See sec. 2(b)(1)(E) of this Act for new
    text regarding small businesses.
        \31\ Sec. 1916 of Public Law 95-630 (92 Stat. 3727) added this
    phrase beginning with the last semicolon.
        \32\ Sec. 24(a) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 708) struck out ``Banking and''.
        \33\ Sec. 5(1) of the Export-Import Bank Reauthorization Act of
    1997 (Public Law 105-121; 111 Stat. 2529) inserted ``after consultation
    with the Committee on Banking and Financial Services of the House of
    Representatives and the Committee on Banking, Housing, and Urban
    Affairs of the Senate''.
        \34\ Sec. 17 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 706) inserted ``(including, when
    relevant, a foreign nation's lack of cooperation in efforts to
    eradicate terrorism)''.
        \35\ Sec. 21 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 707) inserted ``the enforcement of the
    Foreign Corrupt Practices Act of 1977, the Arms Export Control Act, the
    International Emergency Economic Powers Act, or the Export
    Administration Act of 1979,''.
        \36\ Sec. 15 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 705) inserted ``(such as are provided in
    the Universal Declaration of Human Rights adopted by the United Nations
    General Assembly on December 10, 1948)''.
        \37\ Sec. 11 of Public Law 105-121 (111 Stat. 2530) inserted
    ``(including child labor)''.
        \38\ Popularly referred to as the Chafee amendment. Sec. 1904 of
    Public Law 95-630 (92 Stat. 3724) struck out a phrase concerning human
    rights, which had been added by sec. 2 of Public Law 95-143 (91 Stat.
    1210), and inserted in lieu thereof the words to this point beginning
    with ``and shall give particular emphasis to''.
        \39\ Sec. 5(2) of Public Law 105-121 (111 Stat. 2529) added this
    sentence.
    ---------------------------------------------------------------------------
        (C) \40\ Consistent with the policy of section 501 of the
    Nuclear Non-Proliferation Act of 1978 and section 119 of the
    Foreign Assistance Act of 1961, the Board of Directors shall
    name an officer of the Bank whose duties shall include advising
    the President of the Bank on ways or promoting the export of
    goods and services to be used in the development, production,
    and distribution of nonnuclear renewable energy resources,
    disseminating information concerning export opportunities and
    the availability of Bank support for such activities, and
    acting as a liaison between the Bank and the Department of
    Commerce and other appropriate departments and agencies.
    ---------------------------------------------------------------------------
        \40\ Sec. 1907 of Public Law 95-630 (92 Stat. 3725) added subpara.
    (C).
    ---------------------------------------------------------------------------
        (D) \41\ It is further the policy of the United States to
    foster the delivery of United States services in international
    commerce. In exercising its powers and functions, the Bank
    shall give full and equal consideration to making loans and
    providing guarantees for the export of services (independently,
    or in conjunction with the export of manufactured goods,
    equipment, hardware or other capital goods) consistent with the
    Bank's policy to neutralize foreign subsidized credit
    competition and to supplement the private capital market.
    ---------------------------------------------------------------------------
        \41\ Sec. 616(a)(3) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1257) added subpara. (D).
        Sec. 1104 of Public Law 106-569 (114 Stat. 3031) struck out ``(i)''
    at the beginning of sec. 2(b)(1)(D), and struck out clause (ii). Clause
    (ii) previously read as follows:
        ``(ii) The Bank shall include in its annual report a summary of its
    programs regarding the export of services.''.
    ---------------------------------------------------------------------------
        (E) \42\ (i)(I) It is further the policy of the United
    States to encourage the participation of small business in
    international commerce.
    ---------------------------------------------------------------------------
        \42\ Sec. 618 of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1258) added subparas. (E) and
    (F).
    ---------------------------------------------------------------------------
        (II) In exercising its authority, the Bank shall develop a
    program which gives fair consideration to making loans and
    providing guarantees for the export of goods and services by
    small businesses.
        (ii) It is further the policy of the United States that the
    Bank shall give due recognition to the policy stated in section
    2(a) of the Small Business Act that ``the Government should
    aid, counsel, assist, and protect, insofar as is possible, the
    interests of small business concerns in order to preserve free
    competitive enterprise''.
        (iii) In furtherance of this policy, the Board of Directors
    shall designate an officer of the Bank who--
              (I) shall be responsible to the President of the Bank
            for all matters concerning or affecting small business
            concerns; and
              (II) among other duties, shall be responsible for
            advising small business concerns of the opportunities
            for small business concerns in the functions of the
            Bank, with particular emphasis on conducting outreach
            and increasing loans to socially and economically
            disadvantaged small business concerns (as defined in
            section 8(a)(4) of the Small Business Act), small
            business concerns (as defined in section 3(a) of the
            Small Business Act) owned by women, and small business
            concerns (as defined in section 3(a) of the Small
            Business Act) employing fewer than 100 employees,\43\
            and for maintaining liaison with the Small Business
            Administration and other departments and agencies in
            matters affecting small business concerns.)
    ---------------------------------------------------------------------------
        \43\ Sec. 7(b) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 700) inserted ``, with particular
    emphasis on conducting outreach and increasing loans to socially and
    economically disadvantaged small business concerns (as defined in
    section 8(a)(4) of the Small Business Act), small business concerns (as
    defined in section 3(a) of the Small Business Act) owned by women, and
    small business concerns (as defined in section 3(a) of the Small
    Business Act) employing fewer than 100 employees,''.
    ---------------------------------------------------------------------------
        (iv) The Director appointed to represent the interests of
    small business under section 3(c) of this Act shall ensure that
    the Bank carries out its responsibilities under clauses (ii)
    and (iii) of this subparagraph and that the Bank's financial
    and other resources are, to the maximum extent possible,
    appropriately used for small business needs.
        (v) To assure that the purposes of clauses (i) and (ii) of
    this subparagraph are carried out, the Bank shall make
    available, from the aggregate loan, guarantee, and insurance
    authority available to it, an amount to finance exports
    directly \44\ by small business concerns (as defined under
    section 3 of the Small Business Act) which shall be not less
    than 20 \45\ percent of such authority for each fiscal
    year.\46\
    ---------------------------------------------------------------------------
        \44\ Sec. 116 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2196) inserted ``directly''.
        \45\ Sec. 7(a) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 700) struck out ``10'' and inserted
    in lieu thereof ``20''.
        \46\ Sec. 121(a)(3) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2198) struck out:
        ``not less than--
    ---------------------------------------------------------------------------

      (I) 6 per centum of such authority for fiscal year 1984;

      (II) 8 per centum of such authority for fiscal year 1985; and

      (III) 10 per centum of such authority for fiscal year 1986 and
    thereafter.'',

    and inserted in lieu thereof ``not less than 10 percent of such authority
    for each fiscal year.''.

        (vi) The Bank shall utilize the amount set-aside pursuant
    to clause (v) of this subparagraph to offer financing for small
    business exports on terms which are fully competitive with
    regard to interest rates and with regard to the portion of
    financing which may be provided, guaranteed, or insured.
    Financing under this clause (vi) shall be available without
    regard to whether financing for the particular transaction was
    disapproved by any other Federal agency.
        (vii)(I) The Bank shall utilize a part of the amount set
    aside pursuant to clause (v) to provide lines of credit or
    guarantees to consortia of small or medium size banks, export
    trading companies, State export finance agencies, export
    financing cooperatives, small business investment companies (as
    defined in section 103 of the Small Business Investment Act of
    1958), or other financing institutions or entities in order to
    finance small business exports.
        (II) Financing under this clause (vii) shall be made
    available only where the consortia or the participating
    institutions agree to undertake processing, servicing, and
    credit evaluation functions in connection with such financing.
        (III) To the maximum extent practicable, the Bank shall
    delegate to the consortia the authority to approve financing
    under this clause (vii).
        (IV) In the administration of the program under this clause
    (vii), the Bank shall provide appropriate technical assistance
    to participating consortia and may require such consortia
    periodically to furnish information to the Bank regarding the
    number and amount of loans made and the creditworthiness of the
    borrowers.
        (viii) In order to assure that the policy stated in clause
    (i) is carried out, the Bank shall promote small business
    exports and its small business export financing programs in
    cooperation with the Secretary of Commerce, the Office of
    International Trade of the Small Business Administration, and
    the private sector, particularly small business organizations,
    State agencies, chambers of commerce, banking organizations,
    export management companies, export trading companies and
    private industry.
        (ix) \47\ The Bank shall provide, through creditworthy
    trade associations, export trading companies, State export
    finance companies, export finance cooperatives, and other
    multiple-exporter organizations, medium-term risk protection
    coverage for the members and clients of such organizations.
    Such coverage shall be made available to each such organization
    under a single risk protection policy covering its members or
    clients. Nothing in this provision shall be interpreted as
    limiting the Bank's authority to deny support for specific
    transactions or to disapprove a request by such an organization
    to participate in such coverage.
    ---------------------------------------------------------------------------
        \47\ Sec. 6 of Public Law 99-472 (100 Stat. 1201) added clause
    (ix).
    ---------------------------------------------------------------------------
        (x) \48\ The Bank shall implement technology improvements
    that are designed to improve small business outreach, including
    allowing customers to use the Internet to apply for the Bank's
    small business programs.
    ---------------------------------------------------------------------------
        \48\ Sec. 8(a) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 700) added clause (x). Sec. 8(c) of
    such Act further provided:
        ``(c) Reports.--The Export-Import Bank of the United States shall
    include in the annual report required by section 8(a) of the Export-
    Import Bank Act of 1945 for each of fiscal years 2002 through 2006 a
    report on the efforts made by the Bank to carry out subparagraphs
    (E)(x) and (J) of section 2(b)(1) of such Act, and on how the efforts
    are assisting small businesses.''.
    ---------------------------------------------------------------------------
        (F) \42\ Consistent with international agreements, the Bank
    shall urge the Foreign Credit Insurance Association to provide
    coverage against 100 per centum of any loss with respect to
    exports having a value of less than $100,000.
        (G) \49\ Participation in or access to long-, medium-, and
    short-term financing, guarantees, and insurance provided by the
    Bank shall not be denied solely because the entity seeking
    participation or access is not a bank or is not a United States
    person.
    ---------------------------------------------------------------------------
        \49\ Sec. 7 of Public Law 99-472 (100 Stat 1201) added subpara.
    (G).
    ---------------------------------------------------------------------------
        (H) \50\ (i) It is further the policy of the United States
    to foster the development of democratic institutions and market
    economies in countries seeking such development, and to assist
    the export of high technology items to such countries.
    ---------------------------------------------------------------------------
        \50\ Sec. 114 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2195) added subpara. (H).
    ---------------------------------------------------------------------------
        (ii) In exercising its authority, the Bank shall develop a
    program for providing guarantees and insurance with respect to
    the export of high technology items to countries making the
    transition to market based economies, including eligible East
    European countries (within the meaning of section 3 \51\ of the
    Support For East European Democracy (SEED) Act of 1989).
    ---------------------------------------------------------------------------
        \51\ Sec. 24(b)(1) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 700) struck out ``4'' and inserted
    in lieu thereof ``3''.
    ---------------------------------------------------------------------------
        (iii) As part of the ongoing marketing and outreach efforts
    of the Bank, the Bank shall, to the maximum extent practicable,
    inform high technology companies, particularly small business
    concerns (as such term is defined in section 3 of the Small
    Business Act), about the programs of the Bank for United States
    companies interested in exporting high technology goods to
    countries making the transition to market based economies,
    including any eligible East European country (within the
    meaning of section 3 \51\ of the Support For East European
    Democracy (SEED) Act of 1989).
        (iv) In carrying out clause (iii), the Bank shall--
              (I) work with other agencies involved in export
            promotion and finance; and
              (II) invite State and local governments, trade
            centers, commercial banks, and other appropriate public
            and private organizations to serve as intermediaries
            for the outreach efforts.
        (I) \52\ The President of the Bank shall undertake efforts
    to enhance the Bank's capacity to provide information about the
    Bank's programs to small and rural companies which have not
    previously participated in the Bank's programs. Not later than
    1 year after November 26, 1997, the President of the Bank shall
    submit to Congress a report on the activities undertaken
    pursuant to this subparagraph.
    ---------------------------------------------------------------------------
        \52\ Sec. 9 of Public Law 105-121 (111 Stat. 2528) added subpara.
    (I).
    ---------------------------------------------------------------------------
        (J) \53\ The Bank shall implement an electronic system
    designed to track all pending transactions of the Bank.
    ---------------------------------------------------------------------------
        \53\ Sec. 8(b) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 700) added subpara. (J). Sec. 8(c)
    of such Act further provided:
        ``(c) Reports.--The Export-Import Bank of the United States shall
    include in the annual report required by section 8(a) of the Export-
    Import Bank Act of 1945 for each of fiscal years 2002 through 2006 a
    report on the efforts made by the Bank to carry out subparagraphs
    (E)(x) and (J) of section 2(b)(1) of such Act, and on how the efforts
    are assisting small businesses.''.
    ---------------------------------------------------------------------------
        (K) \54\ The Bank shall promote the export of goods and
    services related to renewable energy sources.
    ---------------------------------------------------------------------------
        \54\ Sec. 13(a) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 705) added subpara. (K).
    ---------------------------------------------------------------------------
        (L) \55\ The Bank shall require an applicant for assistance
    from the Bank to disclose whether the applicant has been found
    by a court of the United States to have violated the Foreign
    Corrupt Practices Act of 1977, the Arms Export Control Act, the
    International Emergency Economic Powers Act, or the Export
    Administration Act of 1979 within the preceding 12 months, and
    shall maintain, in cooperation with the Department of Justice,
    for not less than 3 years a record of such applicants so found
    to have violated any such Act.
    ---------------------------------------------------------------------------
        \55\ Sec. 19 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 707) added subpara. (L).
    ---------------------------------------------------------------------------
        (2) \56\ Prohibition on aid to marxist-leninist
    countries.--
    ---------------------------------------------------------------------------
        \56\ Sec. 8 of Public Law 99-472 (100 Stat. 1201) amended and
    restated para. (2).
        Sec. 303 of Public Law 101-179 (103 Stat. 1312) provided that:
        ``(a) Authority To Extend Credit to Poland and Hungary.--
    Notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945
    (12 U.S.C. 635(b)(2)), the Export-Import Bank of the United States may
    guarantee, insure, finance, extend credit, and participate in the
    extension of credit in connection with the purchase or lease of any
    product by the Republic of Hungary or any agency or national thereof or
    by the Polish People's Republic or any agency or national thereof.
        ``(b) Private Financial Intermediaries To Facilitate Exports to
    Poland.--Consistent with the provisions of the Export-Import Bank Act
    of 1945 (12 U.S.C. 635 and following), the Export-Import Bank of the
    United States shall work with private financial intermediaries in
    Poland to facilitate the export of goods and services to Poland.''.
    ---------------------------------------------------------------------------
              (A) In general.--The Bank in the exercise of its
            functions shall not guarantee, insure, extend credit,
            or participate in the extension of credit--
                      (i) in connection with the purchase or lease
                    of any product by a Marxist-Leninist country,
                    or agency or national thereof; or
                      (ii) in connection with the purchase or lease
                    of any product by any other foreign country, or
                    agency or national thereof, if the product to
                    be purchased or leased by such other country,
                    agency, or national is, to the knowledge of the
                    Bank, principally for use in, or sale or lease
                    to, a Marxist-Leninist country.
              (B) \57\ Marxist-leninist country defined.--
    ---------------------------------------------------------------------------
        \57\ Sec. 110 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2194) amended and restated subpara. (B).
    ---------------------------------------------------------------------------
                      (i) In general.--For purposes of this
                    paragraph, the term ``Marxist-Leninist
                    country'' means any country that maintains a
                    centrally planned economy based on the
                    principles of Marxism-Leninism, or is
                    economically and militarily dependent on any
                    other such country.
                      (ii) \58\ Specific countries deemed to be
                    marxist-leninist.--Unless otherwise determined
                    by the President in accordance with
                    subparagraph (C), the following countries are
                    deemed to be Marxist-Leninist countries for
                    purposes of this paragraph:
    ---------------------------------------------------------------------------
        \58\ Prior to being amended by sec. 110 of the Export Enhancement
    Act of 1992 (Public Law 102-429; 106 Stat. 2194), this list included
    Cambodian People's Republic, Cooperative Republic of Guyana,
    Czechoslovak Socialist Republic, Democratic People's Republic of Korea,
    Democratic Republic of Afghanistan, Estonia, German Democratic
    Republic, Hungarian People's Republic, Lao People's Democratic
    Republic, Latvia, Lithuania, Mongolian People's Republic, People's
    Democratic Republic of Yemen, People's Republic of Albania, People's
    Republic of Angola, People's Republic of Benin, People's Republic of
    Bulgaria, People's Republic of China, People's Republic of the Congo,
    People's Republic of Mozambique, Polish People's Republic, Republic of
    Cuba, Republic of Nicaragua, Socialist Ethiopia, Socialist Federal
    Republic of Yugoslavia, Socialist Republic of Romania, Socialist
    Republic of Vietnam, Surinam, Tibet, Union of Soviet Socialist
    Republics (including its captive constituent republics).
    ---------------------------------------------------------------------------
                              (I) Cambodian People's Republic.
                              (II) Democratic People's Republic of
                            Korea.
                              (III) Democratic Republic of
                            Afghanistan.\59\
    ---------------------------------------------------------------------------
        \59\ In Presidential Determination No. 90-8 (February 14, 1990; 55
    F.R. 5425), the President determined ``that Mozambique has `ceased to
    be a Marxist-Leninist country within the definition of such term in
    subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C.
    635(b)(2)(B)(i)).' ''.
        In Presidential Determination No. 90-11 (February 20, 1990; 55 F.R.
    11129), the President determined that ``it is in the national interest
    for the Export-Import Bank to guarantee, insure, extend credit, and
    participate in the extension of credit in connection with the purchase
    or lease of any product or service by, for use in, or for sale or lease
    to Czechoslovakia.''.
        The President made similar determinations with regards to Nicaragua
    (Presidential Determination No. 90-17; May 3, 1990; 55 F.R. 18587);
    Mongolia (Presidential Determination No. 91-32; April 19, 1991; 56 F.R.
    21585); Bulgaria (Presidential Determination No. 91-40; June 5, 1991;
    56 F.R. 28467); Latvia, Lithuania, and Estonia (Presidential
    Determination No. 92-11; January 28, 1992; 57 F.R. 5787); Albania
    (Presidential Determination No. 92-40; August 17, 1992; 57 F.R. 40073);
    Ethiopia (Presidential Determination No. 92-14; February 10, 1992; 57
    F.R. 6659); Angola (Presidential Determination No. 92-32; June 3, 1992;
    57 F.R. 24933); Afghanistan (Presidential Determination No. 93-3;
    October 7, 1992; 57 F.R. 47557); and Vietnam (Presidential
    Determination No. 98-18; March 9, 1998; 63 F.R. 14331).
    ---------------------------------------------------------------------------
                              (IV) Lao People's Democratic
                            Republic.
                              (V) People's Republic of China.\60\
    ---------------------------------------------------------------------------
        \60\ Sec. 103 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2494) provided that:
        ``(a) Notwithstanding any other provision of law and subject to the
    provisions of subsections (b) and (c), the Export-Import Bank of the
    United States shall not finance any trade with, nor extend any loan,
    credit, credit guarantee, insurance, or reinsurance to the People's
    Republic of China.
        ``(b) The prohibitions described in subsection (a) of this section
    shall not apply to food or agricultural commodities.
        ``(c) The President may waive the prohibitions in subsection (a) if
    he makes a report to Congress either--
    ---------------------------------------------------------------------------

      ``(1) that the Government of the People's Republic of China has made
    progress on a program of political reform throughout the country, as well
    as in Tibet, which includes--

      ``(A) lifting of martial law;

      ``(B) halting of executions and other reprisals against individuals for
    the nonviolent expression of their political beliefs;

      ``(C) release of political prisoners;

      ``(D) increased respect for internationally recognized human rights,
    including freedom of expression, the press, assembly, and association; and

      ``(E) permitting a freer flow of information, including an end to the
    jamming of Voice of America and greater access for foreign journalists; or

      ``(2) it is in the national interest of the United States to terminate a
    suspension under subsection (a).''.

                              (VI) Republic of Cuba.
                              (VII) Socialist Federal Republic of
                            Yugoslavia.
                              (VIII) Socialist Republic of Vietnam.
                              (IX) Tibet.\59\
              (C) Presidential determination that a country has
            ceased to be marxist-leninist.--If the President
            determines that any country on the list contained in
            subparagraph (B)(ii) has ceased to be a Marxist-
            Leninist country (within the definition of such term in
            subparagraph (B)(i)), such country shall not be treated
            as a Marxist-Leninist country for purposes of this
            paragraph after the date of such determination, unless
            the President subsequently determines that such country
            has again become a Marxist-Leninist country.
              (D) \61\ Presidential determination relating to
            financing in the national interest.--
    ---------------------------------------------------------------------------
        \61\ In Presidential Determination No. 94-53 (September 30, 1994;
    59 F.R. 51483), the President determined ``that it is in the national
    interest for the Export-Import Bank of the United States to extend a
    loan in the amount of approximately $134,009,496 to the People's
    Republic of China in connection with the purchase of U.S. equipment and
    services for the expansion of the Ligang power station within Jiangsu
    Province.''.
        The President made similar determinations regarding loans to the
    People's Republic of China in Presidential Determination No. 95-18
    (April 21, 1995; 60 F.R. 22447); Presidential Determination No. 95-19
    (April 21, 1995; 60 F.R. 22449); Presidential Determination No. 96-35
    (June 26, 1996; 61 F.R. 36495); Presidential Determination No. 96-37
    (June 29, 1996; 61 F.R. 36989); Presidential Determination No. 96-38
    (June 29, 1996; 61 F.R. 36991); Presidential Determination No. 97-2
    (November 11, 1996; 61 F.R. 59805); Presidential Determination No. 97-3
    (November 11, 1996; 61 F.R. 59807); and Presidential Determination No.
    97-36 (September 30, 1997; 62 F.R. 52475).
    ---------------------------------------------------------------------------
                      (i) In general.--Subparagraph (A) shall not
                    apply to guarantees, insurance, or extensions
                    of credit by the Bank to a country, agency, or
                    national described in clause (i) or (ii) of
                    subparagraph (A) (in connection with
                    transactions described in such clauses) if the
                    President determines that such guarantees,
                    insurance, or extensions of credit are in the
                    national interest.
                      (ii) Separate determination for certain
                    transactions.--The President shall make a
                    separate determination under clause (i) for
                    each transaction described in clause (i) or
                    (ii) of subparagraph (A) for which the Bank
                    would extend a loan in an amount equal to or
                    greater than $50,000,000.
                      (iii) Report of clause (i) determinations to
                    congress.--Any determination by the President
                    under clause (i) shall be reported to the
                    Congress not later than the earlier of--
                              (I) the end of the 30-day period
                            beginning on the date of such
                            determination; or
                              (II) the date the Bank takes final
                            action with respect to the first
                            transaction involving the country,
                            agency, or national for which such
                            determination is made after the date of
                            the enactment of the Export-Import Bank
                            Amendments of 1974, unless a report of
                            a determination with respect to such
                            date of enactment.
                      (iv) Report of clause (ii) determinations to
                    congress.--Any determination by the President
                    under clause (ii) shall be reported to the
                    Congress not later than the earlier of--
                              (I) the end of the 30-day period
                            beginning on the date of such
                            determination; or
                              (II) the date the Bank takes final
                            action with respect to the transaction
                            for which such determination is made.
        (3) \62\ Except as provided by the fourth sentence of this
    paragraph, no loan \63\ or financial guarantee or general
    guarantee or insurance facility \64\ or combination thereof (i)
    in an amount which equals or exceeds $100,000,000,\65\ or (ii)
    \66\ for the export of technology, fuel, equipment, materials,
    or goods or services to be used in the construction,
    alteration, operation, or maintenance of nuclear power,
    enrichment, reprocessing, research, or heavy water production
    facilities, shall be finally approved by the Board of Directors
    of the Bank, unless in each case the Bank has submitted to the
    Congress with respect to such loan, financial guarantee, or
    combination thereof, a detailed statement describing and
    explaining the transaction, at least 25 days of continuous
    session of the Congress prior to the date of final approval.
    For the purpose of the preceding sentence, continuity of a
    session of the Congress shall be considered as broken only by
    an adjournment of the Congress sine die, and the days on which
    either House is not in session because of an adjournment of
    more than 3 days to a day certain shall be excluded in the
    computation of the 25 day period referred to in such sentence.
    Such statement shall contain--
    ---------------------------------------------------------------------------
        \62\ Sec. 5 of Public Law 93-646 (88 Stat. 2333 at 2335)
    redesignated paras. (3), (4), and (5) as paras. (4), (5), and (6),
    respectively, and added a new para. (3). Subsequently, sec. 3(b) of
    Public Law 95-143 (91 Stat. 1210) redesignated these paragraphs as
    paras. (5), (6), and (7), added a new para. (4), and amended and
    restated para. (3).
        \63\ Sec. 1902(1) of Public Law 95-630 (92 Stat. 3724) struck out
    ``No loan'' and inserted in lieu thereof ``Except as provided by the
    fourth sentence of this paragraph, no loan''.
        \64\ Sec. 619(b) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1260) inserted ``or general
    guarantee or insurance facility''.
        \65\ Sec. 1902(2) of Public Law 95-630 (92 Stat. 3724) struck out
    ``$60,000,000'' and inserted in lieu thereof ``$100,000,000''.
        \66\ Sec. 121 of the Further Continuing Appropriations, Fiscal Year
    1992 (Public Law 102-145, as amended by Public Law 102-266) struck out
    ``(ii) in an amount which equals or exceeds 25,000,000 for the export
    of goods or services involving research, exploration, or production of
    fossil fuel energy resources in the Union of Soviet Socialist
    Republics,'', and redesignated clause (iii) as clause (ii).
    ---------------------------------------------------------------------------
              (A) \67\ in the case of a loan or financial
            guarantee--
    ---------------------------------------------------------------------------
        \67\ Sec. 619(c) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1260) amended and restated
    subpara. (A).
    ---------------------------------------------------------------------------
                      (i) a brief description of the purposes of
                    the transaction;
                      (ii) the identity of the party or parties
                    requesting the loan or financial guarantee;
                      (iii) the nature of the goods or services to
                    be exported and the use for which the goods or
                    services are to be exported; and
                      (iv) in the case of a general guarantee or
                    insurance facility--
                              (I) a description of the nature and
                            purpose of the facility;
                              (II) the total amount of guarantees
                            or insurance; and
                              (III) the reasons for the facility
                            and its methods of operation; and
              (B) a full explanation of the reasons for Bank
            financing of the transaction, the amount of the loan to
            be provided by the Bank, the approximate rate and
            repayment terms at which such loan will be made
            available and the approximate amount of the financial
            guarantee.
    If the Bank submits a statement to the Congress under this
    paragraph and either House of Congress is in an adjournment for
    a period which continues for at least ten days after the date
    of submission of the statement, then any such loan or guarantee
    or combination thereof may, subject to the second sentence of
    this paragraph, be finally approved by the Board of Directors
    upon the termination of the twenty-five-day period referred to
    in the first sentence of this paragraph or upon the termination
    of a thirty-five-calendar-day period (which commences upon the
    date of submission of the statement), whichever occurs
    sooner.\68\
    ---------------------------------------------------------------------------
        \68\ Sec. 1902 of Public Law 95-630 (92 Stat. 3724) added this
    sentence.
    ---------------------------------------------------------------------------
        (4) \62\, \69\ (A) If the Secretary of State
    determines that--
    ---------------------------------------------------------------------------
        \69\ Para. (4) is popularly referred to as the Glenn amendment.
    Sec. 3(b) of Public Law 95-143 (91 Stat. 1210) added para. (4) and
    redesignated paras. (4) through (6) as paras. (5) through (7),
    respectively.
        Subsequently, sec. 620(a) of the Export-Import Bank Act Amendments
    of 1983 (title VI of Public Law 98-181; 97 Stat. 1261), sec. 825 of the
    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
    Law 103-236; 108 Stat. 514), and sec. 1303(a) of the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
    2702) amended and restated para. (4).
        Sec. 1303(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (110 Stat. 2704) further provided the following:
        ``(b) Recommendations To Make Nonproliferation Laws More
    Effective.--Not later than 180 days after the date of the enactment of
    this Act, the President shall submit to the Congress his
    recommendations on ways to make the laws of the United States more
    effective in controlling and preventing the proliferation of weapons of
    mass destruction and missiles. The report shall identify all sources of
    Government funds used for such nonproliferation activities.''.
        In Presidential Determination No. 99-44 (September 30, 1999; 64
    F.R. 54503) the President waived the application of sanctions and
    prohibitions contained in sec. 2(b)(4) of this Act with regard to
    Pakistan and India ``insofar as such sanctions and prohibitions would
    otherwise apply to any credit, credit guarantee, or financial
    assistance provided by the Department of Agriculture to support the
    purchase of food or other agricultural commodity.''.
        In Presidential Determination 2000-4 (October 27, 1999; 64 F.R.
    60649), the President waived the application of sec. 2(b)(4) of the Act
    ``(1) with respect to India, insofar as such sanctions would otherwise
    apply to the Export-Import Bank . . .; the making of any loan or the
    providing of any credit to the Government of India by any U.S. bank; .
    . . and any credit, credit guarantee, or other financial assistance
    provided by the Department of Agriculture to support the purchase of
    food or other agricultural commodity; and (2) with respect to Pakistan,
    insofar as such sanctions would otherwise apply to any credit, credit
    guarantee or other financial assistance provided by the Department of
    Agriculture to support the purchase of food or other agricultural
    commodity, and the making of any loan or providing of any credit to the
    Government of Pakistan by any U.S. bank.''.
        In Presidential Determination No. 2000-18 (March 16, 2000; 65 F.R.
    16297), the President waived the sanctions contained in sec. 2(b)(4) of
    the Act ``with respect to India, insofar as the sanctions would
    otherwise apply to assistance for the South Asian Regional Initiative/
    Energy; the Presidential Initiative on Internet for Economic
    Development; the Financial Institution Reform and Expansion Program;
    and the United States Educational Foundation in India Environmental
    Exchange . . .''.
        In Presidential Determination No. 2001-28 (September 22, 2001; 66
    F.R. 50095), the President waived, to the extent not already waived,
    the sanctions contained in sec. 2(b)(4) of the Act for India and
    Pakistan.
        In Presidential Determination No. 2003-33 (August 27, 2003; 68 F.R.
    52679), the President, consistent with sec. 2(b)(4) of the Export-
    Import Bank Act of 1945, determined that it was in the national
    interest for the Export-Import Bank to guarantee, insure, or extend
    credit, or participate in the extension of credit in support of United
    States exports to Iraq.
        In Presidential Determination No. 2004-44 (September 10, 2004; 69
    F.R. 56153), the President, pursuant to sec. 2(b)(4) of the Export-
    Import Bank Act of 1945, determined that it was in the national
    interest for the Export-Import Bank to guarantee, insure, or extend
    credit, or participate in the extension of credit in support of United
    States exports to Libya.
    ---------------------------------------------------------------------------
              (i) any country that has agreed to International
            Atomic Energy Agency nuclear safeguards materially
            violates, abrogates, or terminates, after October 26,
            1977, such safeguards;
              (ii) any country that has entered into an agreement
            for cooperation concerning the civil use of nuclear
            energy with the United States materially violates,
            abrogates, or terminates, after October 26, 1977, any
            guarantee or other undertaking to the United States
            made in such agreement;
              (iii) any country that is not a nuclear-weapon state
            detonates, after October 26, 1977, a nuclear explosive
            device;
              (iv) any country willfully aids or abets, after June
            29, 1994, any non-nuclear-weapon state to acquire any
            such nuclear explosive device or to acquire
            unsafeguarded special nuclear material; or
              (v) any person knowingly aids or abets, after the
            date of enactment of the National Defense Authorization
            Act for Fiscal Year 1997, any non-nuclear-weapon state
            to acquire any such nuclear explosive device or to
            acquire unsafeguarded special nuclear material,
    then the Secretary of State shall submit a report to the
    appropriate committees of the Congress and to the Board of
    Directors of the Bank stating such determination and
    identifying each country or person the Secretary determines has
    so acted.
        (B)(i) If the Secretary of State makes a determination
    under subparagraph (A)(v) with respect to a foreign person, the
    Congress urges the Secretary to initiate consultations
    immediately with the government with primary jurisdiction over
    that person with respect to the imposition of the prohibition
    contained in subparagraph (C).
        (ii) In order that consultations with that government may
    be pursued, the Board of Directors of the Bank shall delay
    imposition of the prohibition contained in subparagraph (C) for
    up to 90 days if the Secretary of State requests the Board to
    make such delay. Following these consultations, the prohibition
    contained in subparagraph (C) shall apply immediately unless
    the Secretary determines and certifies to the Congress that
    that government has taken specific and effective actions,
    including appropriate penalties, to terminate the involvement
    of the foreign person in the activities described in
    subparagraph (A)(v). The Board of Directors of the Bank shall
    delay the imposition of the prohibition contained in
    subparagraph (C) for up to an additional 90 days if the
    Secretary requests the Board to make such additional delay and
    if the Secretary determines and certifies to the Congress that
    that government is in the process of taking the actions
    described in the preceding sentence.
        (iii) Not later than 90 days after making a determination
    under subparagraph (A)(v), the Secretary of State shall submit
    to the appropriate committees of the Congress a report on the
    status of consultations with the appropriate government under
    this subparagraph, and the basis for any determination under
    clause (ii) that such government has taken specific corrective
    actions.
        (C) The Board of Directors of the Bank shall not give
    approval to guarantee, insure, or extend credit, or participate
    in the extension of credit in support of United States exports
    to any country, or to or by any person, identified in the
    report described in subparagraph (A).
        (D) The prohibition in subparagraph (C) shall not apply to
    approvals to guarantee, insure, or extend credit, or
    participate in the extension of credit in support of United
    States exports to a country with respect to which a
    determination is made under clause (i), (ii), (iii), or (iv) of
    subparagraph (A) regarding any specific event described in such
    clause if the President determines and certifies in writing to
    the Congress not less than 45 days prior to the date of the
    first approval following the determination that it is in the
    national interest for the Bank to give such approvals.
        (E) The prohibition in subparagraph (C) shall not apply to
    approvals to guarantee, insure, or extend credit, or
    participate in the extension of credit in support of United
    States exports to or by a person with respect to whom a
    determination is made under clause (v) of subparagraph (A)
    regarding any specific event described in such clause if--
              (i) the Secretary of State determines and certifies
            to the Congress that the appropriate government has
            taken the corrective actions described in subparagraph
            (B)(ii); or
              (ii) the President determines and certifies in
            writing to the Congress not less than 45 days prior to
            the date of the first approval following the
            determination that--
                      (I) reliable information indicates that--
                              (aa) such person has ceased to aid or
                            abet any non-nuclear-weapon state to
                            acquire any nuclear explosive device or
                            to acquire unsafeguarded special
                            nuclear material; and
                              (bb) steps have been taken to ensure
                            that the activities described in item
                            (aa) will not resume; or
                      (II) the prohibition would have a serious
                    adverse effect on vital United States
                    interests.
        (F) For purposes of this paragraph:
              (i) The term ``country'' has the meaning given to
            ``foreign state'' in section 1603(a) of title 28,
            United States Code.
              (ii) The term ``knowingly'' is used within the
            meaning of the term ``knowing'' in section 104(h)(3) of
            the Foreign Corrupt Practices Act (15 U.S.C. 78dd-
            2(h)(3)).
              (iii) The term ``person'' means a natural person as
            well as a corporation, business association,
            partnership, society, trust, any other nongovernmental
            entity, organization, or group, and any governmental
            entity operating as a business enterprise, and any
            successor of any such entity.
              (iv) The term ``nuclear-weapon state'' has the
            meaning given the term in Article IX(3) of the Treaty
            on the Non-Proliferation of Nuclear Weapons, signed at
            Washington, London, and Moscow on July 1, 1968.
              (v) The term ``non-nuclear-weapon state'' has the
            meaning given the term in section 830(5) of the Nuclear
            Proliferation Prevention Act of 1994 (Public Law 103-
            236; 108 Stat. 521).
              (vi) The term ``nuclear explosive device'' has the
            meaning given the term in section 830(4) of the Nuclear
            Proliferation Prevention Act of 1994 (Public Law 103-
            236; 108 Stat. 521).
              (vii) The term ``unsafeguarded special nuclear
            material'' has the meaning given the term in section
            830(8) of the Nuclear Proliferation Prevention Act of
            1994.
        (5) \62\, \69\, \70\ The Bank shall
    not guarantee, insure, or extend credit, or participate in the
    extension of credit in connection with (A) the purchase of any
    product, technical data, or other information by a national or
    agency of any nation which engages in armed conflict declared
    or otherwise, with the Armed Forces of the United States, (B)
    the purchase by any nation (or national or agency thereof) of
    any product, technical data, or other information which is to
    be used principally by or in any such nation described in
    clause (A). The Bank shall not guarantee, insure, or extend
    credit, or participate in the extension of credit in connection
    with the purchase of any product, technical data, or other
    information by a national or agency of any nation if the
    President determines that any such transaction would be
    contrary to the national interest, or (C) the purchase of any
    liquid metal fast breeder nuclear reactor or any nuclear fuel
    reprocessing facility.\71\
    ---------------------------------------------------------------------------
        \70\ Public Law 90-267 (82 Stat. 48) added para. (5), initially as
    para. (3). Subsequently, Public Law 92-126 (85 Stat. 346) amended and
    restated para. (5), which at the time was designated as para. (3).
        \71\ Sec. 3(c) of Public Law 95-143 (91 Stat. 1211) added clause
    (C).
    ---------------------------------------------------------------------------
        (6) \62\, \69\ (A) \72\ The Bank shall not
    guarantee, insure, or extend credit, or participate in an
    extension of credit in connection with any credit sale of
    defense articles and defense services to any country.\73\
    ---------------------------------------------------------------------------
        \72\ Sec. 4703 of the Anti-Drug Abuse Act of 1988 (Public Law 100-
    690; 102 Stat. 4181) amended para. (6) by inserting subpara.
    designation ``(A)''; by substituting ``subparagraph'' in lieu of
    ``paragraph''; and by adding new subpara. (B).
        Effective July 11, 1994, the Secretary of State determined,
    pursuant to sec. 2(b)(6), that: ``(1) the U.S. content of five early
    warning aircraft systems, for which the Government of Brazil has
    requested Export-Import Bank financial guarantees, will be used
    primarily for counternarcotics purposes and (2) the sale of such
    defense articles and services is in the national interest of the United
    States.'' (Department of State Public Notice 2054; 59 F.R. 44450).
        Effective September 24, 1997, the Acting Secretary of State
    determined that: ``(1) The defense articles and services for which the
    Government of The Bahamas has requested Export-Import Bank financial
    guarantees, two (2) 60 meter patrol craft, are being sold primarily for
    anti-narcotics purposes; (2) The sale of such defense articles and
    services would be in the national interest of the United States; (3)
    The requirement for a determination that the Commonwealth of The
    Bahamas has complied with all restrictions imposed by the United States
    on the end use of defense articles or services . . . is inapplicable;
    (4) The requirement for a determination that the Commonwealth of The
    Bahamas has not used defense articles or services for which the Export-
    Import Bank has provided guarantees . . . to engage in a consistent
    pattern of gross violations of international recognized human rights is
    inapplicable . . .'' (State Department Public Notice 2613; 62 F.R.
    52603).
        Effective June 26, 1998, the Secretary of State determined that:
    ``(1) the defense articles and services for which the Government of
    Venezuela has requested Export-Import Bank financial guarantees, parts
    and services for the refurbishment to seventeen (17) OV-10 aircraft,
    are being sold primarily for anti-narcotics purposes; (2) the sale of
    such defense articles and services would be in the national interest of
    the United States; (3) the requirement for a determination that the
    Government of Venezuela has complied with all restrictions imposed by
    the United States on the end-use of defense articles or services for
    which the Export-Import Bank has provided guarantees or insurance under
    section 2(b)6 of the Export-Import Bank Act is inapplicable because the
    pending financing will be the first Ex-Im Bank transaction with
    Venezuela made under section 2(b)(6) of the Act; (4) The requirement
    for a determination that the Government of Venezuela has not used
    defense articles or services for which the Export-Import Bank has
    provided guarantees or insurance under section (2)(b)(6) of the Export-
    Import Bank Act to engage in a consistent pattern of gross violations
    of internationally recognized human rights is inapplicable because of
    the pending transactions will be the first Ex-Im Bank transaction with
    Venezuela made under section 2(b)(6) of the Act . . .'' (State
    Department Public Notice No. 2843, 63 F.R. 34952).
        Effective July 11, 2000, the Secretary of State determined that:
    ``(1) The defense articles and services for which the Government of
    Colombia has requested Export-Import Bank (Ex-Im) financial guarantees,
    fourteen UH-60 (Blackhawk) helicopters, are to be used primarily for
    anti-narcotics purposes; (2) the sale of such defense articles and
    services would be in the national interest of the United States; (3)
    The Government of Colombia has complied with all U.S.-imposed end-use
    restrictions on the use of defense articles and services previously
    financed under the Act; and (4) The Government of Columbia has not used
    defense articles or services previously provided under the Act to
    engage in a consistent pattern of gross violations of internationally
    recognized human rights . . .'' (State Department Public Notice No.
    3361; 65 F.R. 42743).
        \73\ Sec. 112(d) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2195) inserted a period and struck out the rest of
    the subpara., which read as follows:
        ``* * * designated under section 4916 of the Internal Revenue Code
    of 1986 as an economically less developed country for purposes of the
    tax imposed by section 4911 of that Code. The prohibitions set forth in
    this subparagraph shall not apply with respect to any transaction the
    consummation of which the President determines would be in the national
    interest and reports such determination (within thirty days after
    making the same) to the Senate and House of Representatives. In making
    any such determination the President shall take into account, among
    other considerations, the national interest in avoiding arm races among
    countries not directly menaced by the Soviet Union or by Communist
    China; in avoiding arming military dictators who are denying social
    progress to their own peoples; and in avoiding expenditures by
    developing countries of scarce foreign exchange needed for peaceful
    economic progress.''.
        Subsequently, sec. 12(c)(1)(A) of the International Narcotics
    Control Act of 1992 (Public Law 102-583; 106 Stat. 4935) struck out
    from ``designated'' through the end of the subparagraph, and inserted
    in lieu thereof ``, except as otherwise provided in subparagraph
    (B).''. This amendment, however, could not be executed because the
    words did not appear subsequent to the amendment by sec. 112(d) of
    Public Law 102-429, noted above.
    ---------------------------------------------------------------------------
        (B) \72\ Subparagraph (A) \74\ shall not apply to any sale
    of defense articles or services if--
    ---------------------------------------------------------------------------
        \74\ Sec. 112(d)(2) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2195) struck out ``, and section 32 of the Arms
    Export Control Act,'' and repealed sec. 32 of the Arms Export Control
    Act. Sec. 12(c) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4935) made the same amendments.
    ---------------------------------------------------------------------------
              (i) the Bank is requested to provide a guarantee or
            insurance for the sale;
              (ii) the President determines that the defense
            articles or services are being sold primarily for anti-
            narcotics purposes;
              (iii) section 490(e) \75\ of the Foreign Assistance
            Act of 1961 does not apply with respect to the
            purchasing country; and
    ---------------------------------------------------------------------------
        \75\ Formerly read ``section 481(h)(5)''. Sec. 6(a) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4932) provided that ``any reference in any provision of law
    enacted before the date of enactment of this Act to section 481(h) of
    that Act shall be deemed, as of October 1, 1992, to be a reference to
    section 490.''. Sec. 6(c)(1) of that Act struck out ``481(h)(5)'' and
    inserted in lieu thereof ``490(e)''.
    ---------------------------------------------------------------------------
              (iv) the President determines, in accordance with
            subparagraph (C), that the sale is in the national
            interest of the United States; and \76\
    ---------------------------------------------------------------------------
        \76\ Sec. 112(a) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2194) inserted ``and'' at the end of clause (iv);
    struck out ``; and'' at the end of clause (v) and inserted in lieu
    thereof ``.''; and struck out clause (vi). Clause (vi) had required
    that ``the sale is made on or before September 30, 1992''. Previously,
    sec. 562(d) of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2031)
    extended these authorities to September 30, 1992. Sec. 12(a) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4935) would have extended these authorities to September 30,
    1997. Such amendment, however, was superseded by the amendment in
    Public Law 102-429.
    ---------------------------------------------------------------------------
              (v) the Bank determines that, notwithstanding the
            provision of a guarantee or insurance for the sale, not
            more than 5 percent of the guarantee and insurance
            authority available to the Bank in any fiscal year will
            be used by the Bank to support the sale of defense
            articles or services.\77\
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        \77\ Sec. 112(d)(2)(B) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2195) struck out ``and services'' and
    inserted in lieu thereof ``or services''. Sec. 12(c)(1)(B)(ii) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4935) made the same amendment.
    ---------------------------------------------------------------------------
        (C) In determining whether a sale of defense articles or
    services would be in the national interest of the United
    States, the President shall take into account whether the sale
    would--
              (i) be consistent with the anti-narcotics policy of
            the United States;
              (ii) involve the end use of a defense article or
            service in a major illicit drug producing or major
            drug-transit country (as defined in section 481(e) \78\
            of the Foreign Assistance Act of 1961); and
    ---------------------------------------------------------------------------
        \78\ Sec. 102(a) of the International Narcotics Control Corrections
    Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
    ``determined under section 490(h) or 481(e), as appropriate,'' and
    inserted in lieu thereof ``defined in section 481(e)''. Previously,
    sec. 6(c)(2) of the International Narcotics Control Act of 1992 (Public
    Law 102-583; 106 Stat. 4932) struck out ``defined in section 481(i)''
    and inserted in lieu thereof ``determined under section 490(h) or
    481(e), as appropriate,''.
    ---------------------------------------------------------------------------
              (iii) be made to a country with a democratic form of
            government.
        (D)(i) The Board shall not give approval to guarantee or
    insure a sale of defense articles or services unless--
              (I) the President determines, in accordance with
            subparagraph (C), that it is in the national interest
            of the United States for the Bank to provide such
            guarantee or insurance; \79\
    ---------------------------------------------------------------------------
        \79\ Sec. 112(b) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2194) struck out ``and'' at the end of subclause
    (I); redesignated subclause (II) as (III); and added a new subclause
    (II).
        Sec. 12(b) of the International Narcotics Control Act of 1992
    (Public Law 102-583; 106 Stat. 4935) made the same amendments.
    ---------------------------------------------------------------------------
              (II) \79\ the President determines, after
            consultation with the Assistant Secretary of State for
            Human Rights and Humanitarian Affairs, that the
            purchasing country has complied with all restrictions
            imposed by the United States on the end use of any
            defense articles or services for which a guarantee or
            insurance was provided under subparagraph (B), and has
            not used any such defense articles or services to
            engage in a consistent pattern of gross violations of
            internationally recognized human rights; and
              (III) \79\ such determinations have \80\ been
            reported to the Speaker and the Committee on Financial
            Services \81\ of the House of Representatives, and to
            the Committee on Banking, Housing, and Urban Affairs
            and the Committee on Foreign Relations of the Senate,
            not less than 25 days of continuous session of the
            Congress before the date of such approval.
    ---------------------------------------------------------------------------
        \80\ Sec. 112(d)(3) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2195) struck out ``determination has'' and
    inserted in lieu thereof ``determinations have''. Sec. 12(c)(1)(C) of
    the International Narcotics Control Act of 1992 (Public Law 102-583;
    106 Stat. 4935) made the same amendment.
        \81\ Sec. 24(a)(2) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 708) struck out ``Banking, Finance
    and Urban Affairs'' and inserted in lieu thereof ``Financial
    Services''. Previously, sec. 1(a)(2) of Public Law 104-14 (109 Stat.
    186) provided that references to the Committee on Banking, Finance and
    Urban Affairs of the House of Representatives shall be treated as
    referring to the Committee on Banking and Financial Services of the
    House of Representatives.
    ---------------------------------------------------------------------------
        (ii) For purposes of clause (i), continuity of a session of
    the Congress shall be considered as broken only by an
    adjournment of the Congress sine die, and the days on which
    either House is not in session because of an adjournment of
    more than 3 days to a day certain shall be excluded in the
    computation of the 25-day period referred to in such
    clause.\82\
    ---------------------------------------------------------------------------
        \82\ Sec. 112(d)(4) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2195) struck out ``sentence'' and inserted in
    lieu thereof ``clause''. Sec. 12(c)(1)(D) of the International
    Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4935) made
    the same amendment.
    ---------------------------------------------------------------------------
        (E) The provision of a guarantee or insurance under
    subparagraph (B) shall be deemed to be the provision of
    security assistance for purposes of section 502B of the Foreign
    Assistance Act of 1961 (relating to governments which engage in
    a consistent pattern of gross violations of internationally
    \83\ recognized human rights).
    ---------------------------------------------------------------------------
        \83\ Sec. 24(b)(3) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 709) struck out ``international''
    and inserted in lieu thereof ``internationally''.
    ---------------------------------------------------------------------------
        (F) To the extent that defense articles or services for
    which a guarantee or insurance is provided under subparagraph
    (B) are used for a purpose other than anti-narcotics purposes,
    they may be used only for those purposes for which defense
    articles and defense services sold under the Arms Export
    Control Act (relating to the foreign military sales program)
    may be used under section 4 of such Act.
        (G) As used in subparagraphs (B), (C), (D), and (F),\84\
    the term ``defense articles or services'' \85\ means articles,
    services, and related technical data that are designated as
    defense articles and defense services pursuant to sections 38
    and 47(7) of the Arms Export Control Act and listed on the
    United States Munitions List (part 121 of title 22 of the Code
    of Federal Regulations).
    ---------------------------------------------------------------------------
        \84\ Sec. 101(d) of the International Development and Finance Act
    of 1989 (Public Law 101-240; 103 Stat. 2495) struck out ``this
    paragraph'' and inserted in lieu thereof ``subparagraphs (B), (C), (D),
    and (F)''.
        \85\ Sec. 112(d)(5) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2195) struck out ``and services'' and inserted
    in lieu thereof ``or services''.
    ---------------------------------------------------------------------------
        (H) \86\ Once in each calendar quarter, the Bank shall
    submit a report to the Committee on Banking, Housing, and Urban
    Affairs of the Senate, and the Committee on Financial Services
    \80\ of the House of Representatives on all instances in which
    the Bank, during the reporting quarter, guaranteed, insured, or
    extended credit or participated in an extension of credit in
    connection with any credit sale of an article, service, or
    related technical data described in subparagraph (G) that the
    Bank determined would not be put to a military use or described
    in subparagraph (I)(i).\87\ Such report shall include a
    description of each of the transactions and the justification
    for the Bank's actions.
    ---------------------------------------------------------------------------
        \86\ Sec. 112(c) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2195) added subpara. (H).
        \87\ Sec. 1(b) of Public Law 103-428 (108 Stat. 4375) inserted ``or
    described in subparagraph (I)(i)''. Sec. 1(c) of that Act, however,
    stipulated that ``The amendments made by this section shall remain in
    effect during the period beginning on the date of enactment of this Act
    [October 31, 1994] and ending on September 30, 2001.'' [12 U.S.C. 635
    note]. Sec. 4 of Public Law 105-121 amended sec. 1(c) of Public Law
    103-428 by striking ``1997'' and inserting ``2001''. Subsequently, sec.
    5 of Public Law 107-240 (116 Stat. 1494) extended the date to January
    11, 2003; Division E, Title I of Public Law 108-7 (117 Stat. 159)
    extended the date to September 30, 2003; Division D, Title I of Public
    Law 108-199 (118 Stat. 143) extended the date to October 1, 2004;
    Division D, Title I of Public Law 108-447 (118 Stat. 2968) extended the
    date to October 1, 2005; and Title I of Public Law 109-102 (119 Stat.
    2172) extended the date to October 1, 2006.
    ---------------------------------------------------------------------------
        (I) \88\ (i) Subparagraph (A) shall not apply to a
    transaction involving defense articles or services if--
    ---------------------------------------------------------------------------
        \88\ Sec. 1(a) of Public Law 103-428 (108 Stat. 4375) added
    subpara. (I). Sec. 1(c) of that Act, however, stipulated that ``The
    amendments made by this section shall remain in effect during the
    period beginning on the date of enactment of this Act [October 31,
    1994] and ending on September 30, 1997.'' [12 U.S.C. 635 note]. Sec. 4
    of Public Law 105-121 amended sec. 1(c) of Public Law 103-428 by
    striking ``1997'' and inserting ``2001''. Subsequently, sec. 5 of
    Public Law 107-240 (116 Stat. 1494) extended the date to January 11,
    2003; Division E, Title I of Public Law 108-7 (117 Stat. 159) extended
    the date to September 30, 2003; Division D, Title I of Public Law 108-
    199 (118 Stat. 143) extended the date to October 1, 2004; Division D,
    Title I of Public Law 108-447 (118 Stat. 2968) extended the date to
    October 1, 2005; and Title I of Public Law 109-102 (119 Stat. 2172)
    extended the date to October 1, 2006.
    ---------------------------------------------------------------------------
              (I) the Bank determines that--
                      (aa) the defense articles or services are
                    nonlethal; and
                      (bb) the primary end use of the defense
                    articles or services will be for civilian
                    purposes; and
              (II) at least 15 calendar days before the date on
            which the Board of Directors of the Bank gives final
            approval to Bank participation in the transaction, the
            Bank provides notice of the transaction to the
            Committees on Financial Services \89\ and on
            Appropriations of the House of Representatives and the
            Committees on Banking, Housing, and Urban Affairs and
            on Appropriations of the Senate.
    ---------------------------------------------------------------------------
        \89\ Sec. 24(a)(2) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 708) struck out ``Banking, Finance
    and Urban Affairs'' and inserted in lieu thereof ``Financial
    Services''.
    ---------------------------------------------------------------------------
        (ii) Not more than 10 percent of the loan, guarantee, and
    insurance authority available to the Bank for a fiscal year may
    be used by the Bank to support the sale of defense articles or
    services to which subparagraph (A) does not apply by reason of
    clause (i) of this subparagraph.
        (iii) Not later than September 1 of each fiscal year, the
    Comptroller General of the United States, in consultation with
    the Bank, shall submit to the Committees on Financial Services
    \88\ and on Appropriations of the House of Representatives and
    the Committees on Banking, Housing, and Urban Affairs and on
    Appropriations of the Senate a report on the end uses of any
    defense articles or services described in clause (i) with
    respect to which the Bank provided support during the second
    preceding fiscal year.
        (7) \62\, \69\ In no event shall the Bank have
    outstanding at any time in excess of 7\1/2\ per centum of the
    limitation imposed by section 7 of this Act for such
    guarantees, insurance, credits or participation in credits with
    respect to exports of defense articles and services to
    countries which, in the judgment of the Board of Directors of
    the Bank, are less developed.
        (8) \90\ The Bank shall supplement but not compete with
    private capital and the programs of the Commodity Credit
    Corporation to ensure that adequate financing will be made
    available to assist the export of agricultural commodities,
    except that, consistent with section 2(b)(1)(A) of this Act,
    the Bank in assisting any such export transactions shall, in
    cooperation with the export financing instrumentalities of
    other governments, seek to minimize competition in Government-
    supported export financing, and shall, in cooperation with
    other appropriate United States Government agencies, seek to
    reach international agreements to reduce Government subsidized
    export financing. In order to carry out the purposes of this
    subsection, the Bank shall consult with the Secretary of
    Agriculture and where the Secretary of Agriculture has
    recommended against Bank financing of the export of a
    particular agricultural commodity, shall take such
    recommendation into consideration in determining whether to
    provide credit or other assistance for any export sale of such
    commodity, and shall consider the importance of agricultural
    commodity exports to the United States export market and the
    Nation's balance of trade in deciding whether or not to provide
    assistance under this subsection. The Bank shall include in the
    report to Congress under section 9(a) of this Act a description
    of the measures undertaken by it pursuant to this subsection.
    ---------------------------------------------------------------------------
        \90\ Sec. 1909 of Public Law 95-630 (92 Stat. 3725) added para. (8)
    which was originally designated as para. (7). Subsequently, sec.
    619(d)(2) of the Export-Import Bank Act Amendments of 1983 (title VI of
    Public Law 98-181; 97 Stat. 1261) redesignated para. (7) as para. (8).
    ---------------------------------------------------------------------------
        (9) \91\ (A) The Board of Directors of the Bank shall, in
    consultation with the Secretary of Commerce and the Trade
    Promotion Coordinating Committee,\92\ take prompt measures,
    consistent with the credit standards otherwise required by law,
    to promote the expansion of the Bank's financial commitments in
    sub-Saharan Africa under the loan, guarantee, and insurance
    programs of the Bank.
    ---------------------------------------------------------------------------
        \91\ Sec. 4(b)(5) of the South African Democratic Transition
    Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed para.
    (9), which was popularly referred to as the Evans amendment. The
    paragraph had prohibited the Bank, in most cases, from guaranteeing,
    insuring, or extending credit or participating in the extension of
    credit in support of any export which would contribute to enabling the
    Government of the Republic of South Africa to maintain or enforce
    apartheid. Originally, sec. 1915 of Public Law 95-630 (92 Stat. 3727)
    had added this para. as para. (8).
        \92\ Sec. 6(b) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 700) inserted ``, in consultation
    with the Secretary of Commerce and the Trade Promotion Coordinating
    Committee,''.
        Sec. 7 of Public Law 105-121 (111 Stat. 2529) inserted a new sec.
    2(b)(9) establishing an advisory committee for sub-Saharan Africa.
    ---------------------------------------------------------------------------
        (B)(i) \93\ The Board of Directors of the Bank shall
    establish and use an advisory committee to advise the Board of
    Directors on the development and implementation of policies and
    programs designed to support the expansion described in
    subparagraph (A).
    ---------------------------------------------------------------------------
        \93\ Sec. 7(b) of Public Law 105-121 (111 Stat. 2529), as amended
    by sec. 6(c) of Public Law 107-189 (116 Stat. 700), provided the
    following:
        ``(b) Reports to Congress.--Within 6 months after the date of
    enactment of this Act, and annually for each of the 8 years thereafter,
    the Board of Directors of the Export-Import Bank of the United States
    shall submit to Congress a report on the steps that the Board has taken
    to implement section 2(b)(9)(B) of the Export-Import Bank Act of 1945
    and any recommendations of the advisory committee established pursuant
    to such section.''.
    ---------------------------------------------------------------------------
        (ii) The advisory committee shall make recommendations to
    the Board of Directors on the development and implementation of
    policies and programs designed to support the expansion
    described in subparagraph (A).
        (iii) \94\ The advisory committee shall terminate on
    September 30, 2006.
    ---------------------------------------------------------------------------
        \94\ Sec. 6(a) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 700) amended and restated clause
    (iii). It previously read as follows:
        ``(iii) The advisory committee shall terminate 4 years after the
    date of enactment of this subparagraph.''.
    ---------------------------------------------------------------------------
        (10) \95\ (A) The Bank shall not, without a specific
    authorization by law, guarantee, insure, or extend credit (or
    participate in the extension of credit) to--
    ---------------------------------------------------------------------------
        \95\ Sec. 619(d)(3) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1261) added para. (10).
    ---------------------------------------------------------------------------
              (i) assist specific countries with balance of
            payments financing; or
              (ii) assist (as the primary purpose of any such
            guarantee, insurance, or credit) any country in the
            management of its international indebtedness, other
            than its outstanding obligations to the Bank.
        (B) Nothing contained in subparagraph (A) shall preclude
    guarantees, insurance, or credit the primary purpose of which
    is to support United States exports.
        (11) \96\ Prohibition relating to angola.--The \97\ Bank
    may not guarantee, insure, or extend (or participate in the
    extension of) credit in connection with any export of any good
    (other than food or an agricultural commodity) or service to
    the People's Republic of Angola until the President certifies
    to the Congress that free and fair elections have been held in
    Angola in which all participants were afforded free and fair
    access, and that the government of Angola--
    ---------------------------------------------------------------------------
        \96\ Sec. 102 of the International Development and Finance Act of
    1989 (Public Law 101-240; 103 Stat. 2495) added this paragraph as
    ``(12)''. Sec. 111(1) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2194) struck out former para. (11), and redesignated
    it as ``(11)''. Former para. (11), which had been added by sec. 9 of
    Public Law 99-472 (100 Stat. 1203), read as follows:
        ``(11) Prohibition relating to angola.--Notwithstanding any
    determination by the President under paragraph (2), the Bank may not
    guarantee, insure, or extend credit (or participate in the extension of
    credit) in connection with any export of goods or service, except food
    or agricultural commodities, to the People's Republic of Angola until
    the President certifies to the Congress that no combatant forces or
    military advisors of the Republic of Cuba or of any other Marxist-
    Leninist country (as such term is defined in paragraph (2)(B)) remain
    in Angola.''.
        \97\ Sec. 111(2) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2194) struck out ``Notwithstanding any determination
    by the President under paragraph (2) or (11), the'', and inserted in
    lieu thereof ``The''.
    ---------------------------------------------------------------------------
              (A) is willing, and is actively seeking, to achieve
            an equitable political settlement of the conflict in
            Angola, including free and fair elections, through a
            mutual cease-fire and a dialogue with the opposition
            armed forces;
              (B) has demonstrated progress in protecting
            internationally recognized human rights, and
            particularly in--
                      (i) ending, through prosecution or other
                    means, involvement of members of the military
                    and security forces in political violence and
                    abuses of internationally recognized human
                    rights;
                      (ii) vigorously prosecuting persons engaged
                    in political violence who are connected with
                    the government; and
                      (iii) bringing to justice those responsible
                    for the abduction, torture, and murder of
                    citizens of Angola and citizens of the United
                    States; and
              (C) has demonstrated progress in its respect for, and
            protection of--
                      (i) the freedom of the press;
                      (ii) the freedom of speech;
                      (iii) the freedom of assembly;
                      (iv) the freedom of association (including
                    the right to organize for political purposes);
                      (v) internationally recognized worker rights;
                    and
                      (vi) other attributes of political pluralism
                    and democracy.
    The President shall include in each report made pursuant to
    this paragraph a detailed statement with respect to each of the
    conditions set forth in this paragraph. This paragraph shall
    not be construed to impose any requirement with respect to
    Angola that is more restrictive than any requirement imposed by
    this section generally on all other countries.
        (12) \98\ Prohibition relating to russian transfers of
    certain missile systems.--If the President of the United States
    determines that the military of Government of the Russian
    Federation has transferred or delivered to the People's
    Republic of China an SS-N-22 missile system and that the
    transfer or delivery represents a significant and imminent
    threat to the security of the United States, the President of
    the United States shall notify the Bank of the transfer or
    delivery as soon as practicable. Upon receipt of the notice and
    if so directed by the President of the United States, the Board
    of Directors of the Bank shall not give the approval or
    guarantee, insure, extend, credit, or participate in the
    extension of credit in connection with the purchase of any good
    or service by the military or Government of the Russian
    Federation.
    ---------------------------------------------------------------------------
        \98\ Sec. 12 of the Export-Import Bank Reauthorization Act of 1997
    (Public Law 105-121; 111 Stat. 2530) added para. (12). Subsequently,
    sec. 24(b)(2) of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 709) made a technical correction to
    para. (12).
    ---------------------------------------------------------------------------
        (c)(1) \99\ The Bank shall charge fees and premiums
    commensurate, in the judgment of the Bank, with risks covered
    in connection with the contractual liability that the Bank
    incurs for guarantees, insurance, coinsurance, and reinsurance
    against political and credit risks of loss.
    ---------------------------------------------------------------------------
        \99\ Sec. 109(a) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2193) amended and restated para. (1). Previously,
    sec. 6 of Public Law 93-646 (88 Stat. 2335) amended and restated para.
    (1).
    ---------------------------------------------------------------------------
        (2) The Bank may issue such guarantees, insurance,
    coinsurance, and reinsurance to or with exporters, insurance
    companies, financial institutions, or others, or groups
    thereof, and where appropriate may employ any of the same to
    act as its agent in the issuance and servicing of such
    guarantees, insurance, coinsurance, and reinsurance, and the
    adjustment of claims arising thereunder.
        (3) \100\ Transferability of guarantees.--
    ---------------------------------------------------------------------------
        \100\ Sec. 10 of Public Law 99-472 (100 Stat. 1203) added para.
    (3).
    ---------------------------------------------------------------------------
              (A) \101\ In general.--With respect to medium-term
            and long-term obligation insured or guaranteed by the
            Bank after the date of the enactment of the Export-
            Import Bank Act Amendments of 1986, the Bank shall
            authorize the unrestricted transfer of such obligations
            by the originating lenders or their transferees to
            other lenders without affecting, limiting, or
            terminating the guarantee or insurance provided by the
            Bank.
    ---------------------------------------------------------------------------
        \101\ Sec. 105 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2189) inserted the subpara. designation ``(A)'' and
    added subpara. (B).
    ---------------------------------------------------------------------------
              (B) \101\ Guarantee coverage.--For the guarantee
            program provided for in this subsection, the Bank may
            provide up to 100 percent coverage of the interest and
            principal if the Board of Directors determines such
            coverage to be necessary to ensure acceptance of Bank
            guarantees by financial institutions for any
            transaction in any export market in which the Bank is
            open for business.
        (d) \102\ (1) In carrying out its responsibilities under
    this Act, the Bank shall work to ensure that United States
    companies are afforded an equal and nondiscriminatory
    opportunity to bid for insurance in connection with
    transactions assisted by the Bank.
    ---------------------------------------------------------------------------
        \102\ Sec. 617 of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1257) added subsec. (d).
    ---------------------------------------------------------------------------
        (2) \103\ Competitive opportunity for insurance
    companies.--In the case of any long-term loan or guarantee of
    not less than $10,000,000, the Bank shall seek to ensure that
    United States insurance companies are accorded a fair and open
    competitive opportunity to provide insurance against risk of
    loss in connection with any transaction with respect to which
    such loan or guarantee is provided.
    ---------------------------------------------------------------------------
        \103\ Sec. 107 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2190) struck out paras. (2) and (3) and inserted new
    paras. (2) through (5). Paras. (2) and (3) formerly read as follows:
        ``(2) In furtherance of such effort, the Chairman of the Bank shall
    review Bank policies and programs in regard to this issue, and in
    coordination with the United States Trade Representative and the
    appropriate agencies of the Department of State, the Department of the
    Treasury, and the Department of Commerce, undertake actions designed to
    promote equal and nondiscriminatory opportunities to bid for insurance
    in connection with all aspects of international trade activities.
        ``(3) The Bank shall report to the Committee or Banking, Finance
    and Urban Affairs of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate not later than May
    15, 1984, regarding--
    ---------------------------------------------------------------------------

      ``(A) the existing obstacles to equal and nondiscriminatory bidding for
    insurance related to transactions assisted by the Bank;

      ``(B) the efforts that the Bank has taken in addressing such problems;
    and

      ``(C) recommendations for such legislative or administrative actions as
    the Bank considers necessary.''.

        (3) \103\ Responsive actions.--If the Bank becomes aware
    that a fair and open competitive opportunity is not accorded to
    any United States insurance company in a foreign country with
    respect to which the Bank is considering a loan or guarantee,
    the Bank--
              (A) may approve or deny the loan or guarantee after
            considering whether such action would be likely to
            achieve competitive access for United States insurance
            companies; and
              (B) shall forward information regarding any foreign
            country that denies United States insurance companies a
            fair and open competitive opportunity to the Secretary
            of Commerce and to the United States Trade
            Representative for consideration of a recommendation to
            the President that access by such country to export
            credit of the United States should be restricted.
        (4) \103\ Notice of approval.--If the Bank approves a loan
    or guarantee with respect to a foreign country notwithstanding
    information regarding denial by that foreign country of
    competitive opportunities for United States insurance
    companies, the Bank shall include notice of such approval and
    the reason for such approval in the report on competition in
    officially supported export credit required under subsection
    (b)(1)(A).
        (5) \103\ Definitions.--For purposes of this section--
              (A) the term ``United States insurance company''--
                      (i) includes an individual, partnership,
                    corporation, holding company, or other legal
                    entity which is authorized (or in the case of a
                    holding company, subsidiaries of which are
                    authorized) by a State to engage in the
                    business of issuing insurance contracts or
                    reinsuring the risk underwritten by insurance
                    companies; and
                      (ii) includes foreign operations, branches,
                    agencies, subsidiaries, affiliates, or joint
                    ventures of any entity described in clause (i);
                    and
              (B) the term ``fair and open competitive
            opportunity'' means, with respect to the provision of
            insurance by a United States insurance company, that
            the company--
                      (i) has received notice of the opportunity to
                    provide such insurance; and
                      (ii) has been evaluated for such opportunity
                    on a nondiscriminatory basis.
        (e) \104\ Limitation on Assistance Which Adversely Affect
    the United States.--
    ---------------------------------------------------------------------------
        \104\ Sec. 11 of Public Law 99-472 (100 Stat. 1203) added subsec.
    (e).
    ---------------------------------------------------------------------------
              (1) In general.--The Bank may not extend any direct
            credit of financial guarantee for establishing or
            expanding production of any commodity for export by any
            country other than the United States, if--
                      (A) the Bank determines that--
                              (i) the commodity is likely to be in
                            surplus on world markets at the time
                            the resulting commodity will first be
                            sold; \105\ or
    ---------------------------------------------------------------------------
        \105\ Sec. 3304(a) of Public Law 100-418 (Omnibus Trade and
    Competitiveness Act of 1988; 102 Stat. 1384) struck out ``productive
    capacity is expected to become operative'' and inserted in lieu thereof
    ``commodity will first be sold''.
    ---------------------------------------------------------------------------
                              (ii) the resulting production
                            capacity is expected to compete with
                            United States production of the same,
                            similar, or competing commodity; and
                      (B) the Bank determines that the extension of
                    such credit or guarantee will cause substantial
                    injury to United States producers of the same,
                    similar, or competing commodity.
              (2) \106\ Outstanding orders and preliminary injury
            determinations.--
    ---------------------------------------------------------------------------
        \106\ Sec. 18 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 706) redesignated paras. (2) and (3) as
    paras. (3) and (4), and added a new para. (2). Sec. 18 further struck
    out ``Paragraph (1)'' and inserted in lieu thereof ``Paragraphs (1) and
    (2)'' in para. (3), as redesignated.
    ---------------------------------------------------------------------------
                      (A) Orders.--The Bank shall not provide any
                    loan or guarantee to an entity for the
                    resulting production ofsubstantially the same
                    product that is the subject of--
                              (i) a countervailing duty or
                            antidumping order under title VII of
                            the Tariff Act of 1930; or
                              (ii) a determination under title II
                            of the Trade Act of 1974.
                      (B) Affirmative determination.--Within 60
                    days after the date of the enactment of this
                    paragraph, the Bank shall establish procedures
                    regarding loans or guarantees provided to any
                    entity that is subject to a preliminary
                    determination of a reasonable indication of
                    material injury to an industry under title VII
                    of the Tariff Act of 1930. The procedures shall
                    help to ensure that these loans and guarantees
                    are likely to not result in a significant
                    increase in imports of substantially the same
                    product covered by the preliminary
                    determination and are likely to not have a
                    significant adverse impact on the domestic
                    industry. The Bank shall report to the
                    Committee on Financial Services of the House of
                    Representatives and the Committee on Banking,
                    Housing, and Urban Affairs of the Senate on the
                    implementation of these procedures.
                      (C) Comment period.--The Bank shall establish
                    procedures under which the Bank shall notify
                    interested parties and provide a comment period
                    with regard to loans or guarantees reviewed
                    pursuant to subparagraph (B) or (D).
                      (D) Consideration of investigation under
                    title ii of the trade act of 1974.--In making
                    any determination under paragraph (1) for a
                    transaction involving more than $10,000,000,
                    the Bank shall consider investigations under
                    title II of the Trade Act of 1974 that have
                    been initiated at the request of the President
                    of the United States, the United States Trade
                    Representative, the Committee on Finance of the
                    Senate, or the Committee on Ways and Means of
                    the House of Representatives, or by the
                    International Trade Commission on its own
                    motion.
              (3) \106\ Exception.--Paragraphs (1) and (2) \105\
            shall not apply in any case where, in the judgment of
            the Board of Directors of the Bank, the short- and
            long-term benefits to industry and employment in the
            United States are likely to outweigh the short- and
            long-term \107\ injury to United States producers and
            employment \107\ of the same, similar, or competing
            commodity.
    ---------------------------------------------------------------------------
        \107\ Sec. 3304(b) of Public Law 100-418 (102 Stat. 1384) inserted
    ``short- and long-term'' and ``and employment''.
    ---------------------------------------------------------------------------
              (4) \108\ Definition.--For purposes of paragraph
            (1)(B), the extension of any credit or guarantee by the
            Bank will cause substantial injury if the amount of the
            capacity for production established, or the amount of
            the increase in such capacity expanded, by such credit
            or guarantee equals or exceeds 1 percent of United
            States production.
    ---------------------------------------------------------------------------
        \108\ Sec. 3304(c) of Public Law 100-418 (102 Stat. 1384) added
    para. (4), originally designated as para. (3). Subsequently, sec. 18(2)
    of the Export-Import Bank Reauthorization Act of 2002 (Public Law 107-
    189; 116 Stat. 706) redesignated para. (3) as para. (4).
        Title I of Public Law 108-447 (118 Stat. 2668) provided that ``That
    not later than 30 days after the date of enactment of this Act, the
    Export-Import Bank shall submit a report to the Committees on
    Appropriations of the House of Representatives and the Senate,
    containing an analysis of the economic impact on United States
    producers of ethanol of the extension of credit and financial
    guarantees for the development of an ethanol dehydration plant in
    Trinidad and Tobago, including a determination of whether such
    extension will cause substantial injury to such producers, as defined
    in section 2(e)(4) of the Export-Import Bank Act of 1945 (12 U.S.C.
    635(e)(4)).''.
    ---------------------------------------------------------------------------
        (f) \109\ Authority to Deny Application for Assistance
    Based on Fraud or Corruption by Party Involved in the
    Transaction.--In addition to any other authority of the Bank,
    the Bank may deny an application for assistance with respect to
    a transaction if the Bank has substantial credible evidence
    that any party to the transaction or any party involved in the
    transaction has committed an act of fraud or corruption in
    connection with the transaction.
    ---------------------------------------------------------------------------
        \109\ Sec. 16 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 706) added subsec. (f). Previously, sec.
    121(a)(4) of the Export Enhancement Act of 1992 (Public Law 102-429;
    106 Stat. 2198) had struck out subsec. (f), relating to interest
    subsidy payments and limitations on authorization of appropriations.
    ---------------------------------------------------------------------------
        Sec. 3.\110\ (a) The Export-Import Bank of the United
    States shall constitute an independent agency of the United
    States and neither the Bank 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.
    ---------------------------------------------------------------------------
        \110\ 12 U.S.C. 635a. Sec. 117 of Public Law 102-429 (111 Stat.
    2187) provided that 2 years after enactment of that Act (October 21,
    1991), sec. 3(a) would be repealed. Subsequently, several Acts have
    extended this date, the most current being Public Law 109-102 (119
    Stat. 2173) which stated that ``subsection (a) thereof shall remain in
    effect until October 1, 2006.''.
    ---------------------------------------------------------------------------
        (b) There shall be a President of the Export-Import Bank of
    the United States, who shall be appointed by the President of
    the United States by and with the advice and consent of the
    Senate, who shall receive a salary at the rate of $40,000 \111\
    per annum, and who shall serve as chief executive officer of
    the Bank. There shall be a First Vice President of the Bank,
    who shall be appointed by the President of the United States by
    and with the advice and consent of the Senate, who shall
    receive a salary at the rate of $38,000 \112\ per annum, who
    shall serve as President of the Bank during the absence or
    disability of or in the event of a vacancy in the office of
    President of the Bank, and who shall at other times perform
    such functions as the President of the Bank may from time to
    time prescribe.
    ---------------------------------------------------------------------------
        \111\ Pursuant to 5 U.S.C. 5314(41), the President of the Bank
    receives a salary according to level III of Schedule 5--Executive
    Schedule. Executive Order 13393 of December 22, 2005 (70 F.R. 76665),
    raised the salary of level III to $152,000.
        \112\ Pursuant to 5 U.S.C. 5315 (49) and (56), the First Vice
    President of the Bank and Members, Board of Directors of the Bank
    receive a salary according to level IV of Schedule 5--Executive
    Schedule. Executive Order 13393 of December 22, 2005 (70 F.R. 76665),
    raised the salary of level IV to $165,200.
    ---------------------------------------------------------------------------
        (c)(1) \113\ There shall be a Board of Directors of the
    Bank consisting of the 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, and three
    additional persons appointed by the President of the United
    States by and with the advice and consent of the Senate.
    ---------------------------------------------------------------------------
        \113\ Sec. 614(a) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1255) redesignated each
    sentence in subsec. (c) as paras. (1) through (7) and inserted a new
    para. (8).
    ---------------------------------------------------------------------------
        (2) \113\ Of the five members of the Board, not more than
    three shall be members of any one political party.
        (3) \113\ Each director, other than the President of the
    Export-Import Bank and the Vice President of the Export-Import
    Bank, shall receive a salary at the rate of $38,000 per annum.
        (4) \113\ Before entering upon his duties, each of the
    directors shall take an oath faithfully to discharge the duties
    of his office.
        (5) \113\, \114\ The directors, in addition to
    their duties as members of the Board, shall perform such
    additional duties and may hold such other offices in the
    administration of the Bank as the President of the Bank may
    from time to time prescribe.
    ---------------------------------------------------------------------------
        \114\ Sec. 614(a)(2) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1256) struck out the
    first phrase in this sentence which previously read as follows: ``Terms
    of the directors shall be at the pleasure of the President of the
    United States, and''.
    ---------------------------------------------------------------------------
        (6) \113\, \115\ A quorum of the Board of
    Directors shall consist of at least three members.
    ---------------------------------------------------------------------------
        \115\ Sec. 1 of Public Law 106-46 (113 Stat. 227) amended and
    restated sec. 3(c)(6). It previously read as follows: ``A majority of
    the Board of Directors shall constitute a quorum.''.
        Public Law 106-46 further provided:
        ``(b) Exception.--Notwithstanding section 3(c)(6) of the Export-
    Import Bank Act of 1945, if, during the period that begins on July 21,
    1999 and ends on December 2, 1999, there are fewer than three persons
    holding office on the Board of Directors of the Export-Import Bank of
    the United States, the entire membership of such Board of Directors
    shall constitute a quorum until the end of such period.''.
        Sec. 122 of Public Law 106-62 (113 Stat. 509) amended Public Law
    106-46 (12 U.S.C. 635a note) by deleting ``October 1, 1999'' and
    inserting ``November 1, 1999''. Public Law 106-46 was further amended
    by Public Law 106-85 (113 Stat. 1297) by striking ``November 1, 1999''
    and inserting ``November 5, 1999''; by Public Law 106-88 (113 Stat.
    1304) by striking ``November 5, 1999'' and inserting ``November 10,
    1999''; by Public Law 106-94 (113 Stat. 1311) by striking ``November
    10, 1999'' and inserting ``November 17, 1999''; by Public Law 106-105
    (113 Stat. 1484) by striking ``November 17, 1999'' and inserting
    ``November 18, 1999''; and by Public Law 106-106 (113 Stat. 1485) by
    striking ``November 18, 1999'' and inserting ``December 2, 1999''.
    ---------------------------------------------------------------------------
        (7) \113\ The Board of Directors shall adopt, and may from
    time to time amend, such bylaws as are necessary for the proper
    management and functioning of the Bank, and shall, in such
    bylaws, designate the vice presidents and other officers of the
    Bank and prescribe their duties.
        (8) \113\ (A) The terms of the directors, including the
    President and the First Vice President of the Bank, appointed
    under this section shall be four years, except that--
              (i) during their terms of office, the directors shall
            serve at the pleasure of the President of the United
            States;
              (ii) the term of any director appointed after the
            date of enactment of this paragraph to serve before
            January 20, 1985, shall expire on January 20, 1985;
              (iii) of the directors first appointed to serve
            beginning on or after January 21, 1985, two directors
            (other than the President and First Vice President of
            the Bank) shall be appointed for terms of two years, as
            designated by the President of the United States at the
            time of their appointment; and
              (iv) any director first appointed to serve for a term
            beginning on any date after January 21, 1985, shall
            serve only for the remainder of the period for which
            such director would have been appointed if such
            director's term had begun on January 21, 1985. If such
            term would have expired before the date on which such
            director's term actually begins, the term of such
            director shall be the four-year period, or remainder
            thereof, as if such director had been preceded by a
            director whose term had begun on January 21, 1985.
        (B) \116\ Of the five members of the Board appointed by the
    President, not less than one such member shall be selected from
    among the small business community and shall represent the
    interests of small business.
    ---------------------------------------------------------------------------
        \116\ Sec. 614(b) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1256) provided:
        ``(b) In order to carry out the amendment made by subsection (a)
    regarding section 3(c)(8)(B) of the Export-Import Bank Act of 1945, the
    first member, other than a member who will serve as Chairman or Vice
    Chairman of the Bank, appointed by the President of the United States
    to the Board of Directors of the Export-Import Bank of the United
    States after the date of the enactment of this section shall be
    selected from among the small business community and shall represent
    the interests of small business.''.
    ---------------------------------------------------------------------------
        (C) Any person chosen to fill a vacancy shall be appointed
    only for the unexpired term of the director whom such person
    succeeds.
        (D) Any director whose term has expired may be reappointed.
        (E) \117\ Any director whose term has expired may continue
    to serve on the Board of Directors until the earlier of--
    ---------------------------------------------------------------------------
        \117\ Sec. 18 of Public Law 99-472 (100 Stat. 1205) added subpara.
    (E).
    ---------------------------------------------------------------------------
              (i) the date on which such director's successor is
            qualified; or
              (ii) the end of the 6-month period beginning on the
            date such director's term expires.
        (d) \118\ (1)(A) There is established an Advisory Committee
    to consist of 15 \119\ members who shall be appointed by the
    Board of Directors on the recommendation of the President of
    the Bank.
    ---------------------------------------------------------------------------
        \118\ Sec. 613 of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1255) amended and restated
    subsec. (d).
        \119\ Sec. 113 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2195) struck out ``twelve'' and inserted in lieu
    thereof ``15''.
    ---------------------------------------------------------------------------
        (B) \120\ Such members shall be broadly representative of
    production, commerce, finance, agriculture, labor, services,
    and State government.
    ---------------------------------------------------------------------------
        \120\ Sec. 24(b)(4) of the Export-Import Bank Reauthorization Act
    of 2002 (Public Law 107-189; 116 Stat. 709) made a technical correction
    to subpara. (B).
    ---------------------------------------------------------------------------
        (2) Not less than three members appointed to the Advisory
    Committee shall be representative of the small business
    community.
        (3) The Advisory Committee shall meet at least once each
    quarter.
        (4) The Advisory Committee shall advise the Bank on its
    programs, and shall submit, with the report specified in
    section 2(b)(1)(A) of this Act, its own comments to the
    Congress on the extent to which the Bank is meeting its mandate
    to provide competitive financing to expand United States
    exports, and any suggestions for improvements in this regard.
        (e)(1) \121\ No director, officer, attorney, agent, or
    employee of the bank shall in any manner, directly or
    indirectly, participate in the deliberation upon or the
    determination of any question affecting such individual's \122\
    personal interests, or the interests of any corporation,
    partnership, or association in which such individual \123\ is
    directly or indirectly personally interested.
    ---------------------------------------------------------------------------
        \121\ Sec. 6 of Public Law 105-121 (111 Stat. 2529) inserted
    ``(1)'' after ``(e)'' and added subpara. (2).
        \122\ Sec. 620(b) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1261) struck out ``his'' and
    inserted in lieu thereof ``such individual's''.
        \123\ Sec. 620(b)(2) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1261) struck out ``his''
    and inserted in lieu thereof ``such individual''.
    ---------------------------------------------------------------------------
        (2) \121\ The General Counsel of the Bank shall ensure that
    the directors, officers, and employees of the Bank have
    available appropriate legal counsel for advise on, and
    oversight of, issues relating to personnel matters and other
    administrative law matters by designating an attorney to serve
    as Assistant General Counsel for Administration, whose duties,
    under the supervision of the General Counsel, shall be
    concerned solely or primarily with these issues.
        Sec. 4.\124\ The Export-Import Bank of the United States
    shall have a capital stock of $1,000,000,000 subscribed by the
    United States. Certificates evidencing stock ownership of the
    United States shall be issued by the Bank to the President of
    the United States, or to such other person or persons as the
    President may designate from time to time, to the extent of
    payments made for the capital stock of the Bank.\125\
    ---------------------------------------------------------------------------
        \124\ 12 U.S.C. 635b.
        \125\ Sec. 121(b) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2198) struck out several sentences and inserted in
    lieu thereof this sentence. The deleted text read as follows:
    ``Payments for $1,000,000 of such capital stock shall be made by the
    surrender to the Bank for cancellation of the common stock heretofore
    issued by the Bank and purchased by the United States. Payment for
    $174,000,000 of such capital stock shall be made by the surrender to
    the Bank for cancellation of the preferred stock heretofore issued by
    the Bank and purchased by the Reconstruction Finance Corporation.
    Payment for the $825,000,000 balance of such capital stock shall be
    subject to call at any time in whole or in part by the Board of
    Directors of the Bank. For the purpose of making payments of such
    balance, the Secretary of the Treasury is authorized to use as a
    public-debt transaction the proceeds of any securities hereafter issued
    under the Second Liberty Bond Act, as amended, and the purposes for
    which securities may be issued under that Act are extended to include
    such purpose. Payment under this section of the subscription of the
    United States to the Bank and repayments thereof shall be treated as
    public-debt transactions of the United States. Certificates evidencing
    stock ownership of the United States shall be issued by the Bank to the
    President of the United States, or to such other person or persons as
    the President may designate from time to time, to the extent of the
    common and preferred stock surrendered and other payments made for the
    capital stock of the Bank under this section.''.
    ---------------------------------------------------------------------------
        Sec. 5.\126\ The Export-Import Bank of the United States is
    authorized to issue from time to time for purchase by the
    Secretary of the Treasury its notes, debentures, bonds or other
    obligation; but the aggregate amount of such obligations
    outstanding at any one time shall not exceed
    $6,000,000,000.\127\ Such obligations shall be redeemable at
    the option of the Bank before maturity in such manner as may be
    stipulated in such obligations and shall have such maturity as
    may be determined by the Board of Directors of the Bank with
    the approval of the Secretary of the Treasury. Each such Bank
    obligation issued to the Treasury after the enactment of the
    Export-Import Bank Amendments of 1974 shall bear interest at a
    rate not less than the current average yield on outstanding
    marketable obligations of the United States of comparable
    maturity during the month preceding the issuance of the
    obligation of the Bank as determined by the Secretary of the
    Treasury.\128\ The Secretary of the Treasury is hereby
    authorized and directed to purchase any obligations of the Bank
    issued hereunder and for such purpose the Secretary of the
    Treasury is authorized to use as a public-debt transaction the
    proceeds of any securities hereafter issued under the Second
    Liberty Bond Act, as amended, and the purpose for which
    securities may be issued under that Act are extended to include
    such purpose. Payment under this section of the purchase price
    of such obligations of the Bank and repayments thereof by the
    Bank shall be treated as public-debt transactions of the United
    States.
    ---------------------------------------------------------------------------
        \126\ 12 U.S.C. 635d. Sec. 121(c)(2) of the Export Enhancement Act
    of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 6 as
    sec. 5. Subsequently, Public Law 82-158 (65 Stat. 637) amended and
    restated sec. 5.
        \127\ Public Law 82-158 (65 Stat. 367) struck out ``two and one-
    half'' and inserted in lieu thereof ``three and one-half''. Public Law
    83-570 (68 Stat. 678) struck out `three and one-half times the
    authorized capital stock of the Bank'' and inserted in lieu thereof
    ``$4,000,000,000''. Public Law 85-425 (72 Stat. 133) struck out
    ``$4,000,000,000'' and inserted in lieu thereof ``$6,000,000,000''.
        \128\ Public Law 80-89 (61 Stat. 131) added the second and third
    sentences of sec. 5. Subsequently, sec. 7 of Public Law 93-646 (88
    Stat. 2333 at 2336) amended and restated the third sentence.
    ---------------------------------------------------------------------------

    SEC. 6.\129\ AGGREGATE LOAN, GUARANTEE, AND INSURANCE AUTHORITY.

        (a) \130\ Limitation on Outstanding Amounts.--
    ---------------------------------------------------------------------------
        \129\ 12 U.S.C. 635e. Sec. 121(c)(2) of the Export Enhancement Act
    of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 7 as
    sec. 6. Subsequently, sec. 109(b) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2193) amended and restated sec. 6.
        \130\ Sec. 5 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 699) amended and restated subsec. (a).
        Previously, sec. 381(a) of the Omnibus Budget Reconciliation Act
    (Public Law 97-35; 95 Stat. 431) designated subsec. (a) as subsec.
    (a)(1) and added a new para. (2). Subsequently, sec. 615 of the Export-
    Import Bank Act Amendments of 1983 (title VI of Public Law 98-181; 97
    Stat. 1256) amended and restated para. (2).
        Sec. 17 of Public Law 99-472 (100 Stat. 1205) further amended
    subsec. (a).
        Sec. 1914 of Public Law 95-630 (92 Stat. 3727) further amended
    subsec. (a).
        Previously, Public Law 82-158 (65 Stat. 367) raised the limit on
    the aggregate amount to 4\1/2\ times the authorized capital stock of
    the bank. Public Law 83-30 (67 Stat. 28) inserted ``and insurance''.
    Public Law 83-570 (68 Stat. 578) raised the aggregate amount to $5
    billion; Public Law 85-424 (72 Stat. 133) increased the aggregate
    amount to $7 billion; Public Law 88-101 (77 Stat. 128) increased the
    aggregate amount to $9 billion; Public Law 90-267 (82 Stat. 49)
    increased the aggregate amount to $13.5 billion; Public Law 92-126 (85
    Stat. 345) increased the aggregate amount to $20 billion; Public Law
    93-646 (88 Stat. 2333) increased the aggregate amount to $25 billion;
    sec. 1905 of Public Law 95-630 (92 Stat. 3725) increased the aggregate
    amount to $40 billion; and sec. 109(b)(2)(B) of the Export Enhancement
    Act of 1992 (Public Law 102-429; 106 Stat. 2193) increased the
    aggregate amount to $75 billion.
        Division E, Title I of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
    Stat. 2172), provided the following:
    ---------------------------------------------------------------------------

    ``title i--export and investment assistance

    ``export-import bank of the united states

    * * * * * * *

    ``export-import bank program account
    ---------------------------------------------------------------------------

        ``The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard to fiscal year
    limitations, as provided by section 104 of the Government Corporation
    Control Act, as may be necessary in carrying out the program for the
    current fiscal year for such corporation: Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: Provided
    further, That notwithstanding section 1(c) of Public Law 103-428, as
    amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
    effect through October 1, 2006.
    ---------------------------------------------------------------------------

    ``subsidy appropriation
    ---------------------------------------------------------------------------

        ``For the cost of direct loans, loan guarantees, insurance, and
    tied-aid grants as authorized by section 10 of the Export-Import Bank
    Act of 1945, as amended, $100,000,000, to remain available until
    September 30, 2009: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums
    shall remain available until September 30, 2024, for the disbursement
    of direct loans, loan guarantees, insurance and tied-aid grants
    obligated in fiscal years 2006, 2007, 2008, and 2009: Provided further,
    That none of the funds appropriated by this Act or any prior Act
    appropriating funds for foreign operations, export financing, and
    related programs for tied-aid credits or grants may be used for any
    other purpose except through the regular notification procedures of the
    Committees on Appropriations: Provided further, That funds appropriated
    by this paragraph are made available notwithstanding section 2(b)(2) of
    the Export-Import Bank Act of 1945, in connection with the purchase or
    lease of any product by any Eastern European country, any Baltic State
    or any agency or national thereof.
    ---------------------------------------------------------------------------

    ``administrative expenses
    ---------------------------------------------------------------------------

        ``For administrative expenses to carry out the direct and
    guaranteed loan and insurance programs, including hire of passenger
    motor vehicles and services as authorized by 5 U.S.C. 3109, and not to
    exceed $30,000 for official reception and representation expenses for
    members of the Board of Directors, $73,200,000: Provided, That the
    Export-Import Bank may accept, and use, payment or services provided by
    transaction participants for legal, financial, or technical services in
    connection with any transaction for which an application for a loan,
    guarantee or insurance commitment has been made: Provided further,
    That, notwithstanding subsection (b) of section 117 of the Export
    Enhancement Act of 1992, subsection(a) thereof shall remain in effect
    until October 1, 2006.''.
        See also in Public Law 109-102, Title II--Assistance for Individual
    States of the Former Soviet Union (119 Stat. 2182), sec. 507--
    Prohibition Against Direct Funding for Certain Countries (119 Stat.
    2197); and sec. 513--Commerce and Trade (119 Stat. 2199).
    ---------------------------------------------------------------------------
              (1) In general.--The Export-Import Bank of the United
            States shall not have outstanding at any one time
            loans, guarantees, and insurance in an aggregate amount
            in excess of the applicable amount.
              (2) Applicable amount.--In paragraph (1), the term
            ``applicable amount'' means--
                      (A) during fiscal year 2002, $80,000,000,000;
                      (B) during fiscal year 2003, $85,000,000,000;
                      (C) during fiscal year 2004, $90,000,000,000;
                      (D) during fiscal year 2005, $95,000,000,000;
                    and
                      (E) during fiscal year 2006,
                    $100,000,000,000.
              (3) Subject to appropriations.--All spending and
            credit authority provided under this Act shall be
            effective for any fiscal year only to such extent or in
            such amounts as are provided in appropriation Acts.
        (b) \131\ Presidential Determination.--
    ---------------------------------------------------------------------------
        \131\ Sec. 109(b)(3) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2193) redesignated subsec. (a)(2)(A)(i) as
    subsec. (b). Subsequently, sec. 109(b)(3) of the Export Enhancement Act
    of 1992 (Public Law 102-429; 106 Stat. 2193) inserted ``Presidential
    Determination.--'' and ``(1) In general.--'', and redesignated
    subclauses as subparagraphs under para. (1).
        Previously, sec. 121 of the Further Continuing Appropriations,
    Fiscal Year 1992 (Public Law 102-145, as amended by Public Law 102-266)
    repealed the original subsec. (b), as added by sec. 8 of Public Law 93-
    646. Subsec. (b) had prohibited loans or financial guarantees, or
    combination thereof, in connection with exports to the Union of Soviet
    Socialist Republics in an aggregate amount in excess of $300,000,000,
    with particular restrictions on assistance to the USSR for the
    development of fossil fuel energy resources. The subsection further
    provided for a limitation in excess of $300,000,000 if the President
    determined and reported to the Congress that such higher limitation was
    in the national interest, and the Congress, in turn, adopted a
    concurrent resolution approving such determination.
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              (1) \131\ In general.--Not later than March 31 of
            each fiscal year, the President of the United States
            shall determine whether the authority available to the
            Bank for such fiscal year will be sufficient to meet
            the Bank's needs, particularly those needs arising
            from--
                      (A) increases in the level of exports
                    unforeseen at the time of the original budget
                    request for such fiscal year;
                      (B) any increased foreign export credit
                    subsidies; or
                      (C) the lack of progress in negotiations to
                    reduce or eliminate export credit subsidies.
              (2) \132\, \133\ Request for
            legislation.--
    ---------------------------------------------------------------------------
        \132\ Sec. 1104(a)(3) of Public Law 106-569 struck out para. (2)
    and redesignated para. (3) as para. (2). The paragraph previously read
    as follows:
        ``(2) Report.--Not later than April 15 of each year, the President
    of the United States shall transmit to the Congress a report on such
    determination.''.
        Previously, sec. 109(b)(3)(E) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2193) struck out ``(2) Not later than''
    and inserted in lieu thereof ``(2) Report.--Not later than''.
        \133\ Sec. 109(b)(3)(F) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2193) struck out ``(B)(i)'' and inserted
    in lieu thereof ``(3) Request for legislation.--'' and ``(A) In
    general.--''.
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                      (A) In general.--If the President of the
                    United States finds that the amount of direct
                    loan authority or guarantee authority available
                    to the Bank for the fiscal year involved
                    exceeds the amount which will be necessary to
                    carry out the Bank's functions consistent with
                    the availability of qualified applications and
                    limitations imposed by law during such year,
                    the President of the United States shall
                    promptly transmit to the Congress a request for
                    legislation to eliminate the amount of such
                    excess direct loan, loan guarantee, or
                    insurance authority.
                      (B) \134\ Continued availability of
                    authority.--The Bank shall continue to make
                    remaining amounts of its authority available
                    for the fiscal year involved, in accordance
                    with its practices and the requirements of this
                    Act, unless otherwise directed pursuant to law.
    ---------------------------------------------------------------------------
        \134\ Sec. 109(b)(3)(G) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2193) struck out ``(ii)'' and inserted
    in lieu thereof ``(B) Continued availability of authority.--''.
    ---------------------------------------------------------------------------
        Sec. 7.\135\ The Export-Import Bank of the United States
    shall continue to exercise its functions in connection with and
    in furtherance of its object and purposes until the close of
    business on September 30, 2006,\136\ but the provisions of this
    section shall not be construed as preventing the Bank from
    acquiring obligations prior to such date which mature
    subsequent to such date or from assuming prior to such date
    liability as guarantor, endorser, or acceptor of obligations
    which mature subsequent to such date, or from issuing either
    prior or subsequent to such date, for purchase by the Secretary
    of the Treasury or any other purchasers,\137\ its notes,
    debentures, bonds, or other obligations which mature subsequent
    to such date or from continuing as a corporate agency of the
    United States and exercising any of its functions subsequent to
    such date for purposes of orderly liquidation, including the
    administration of its assets and the collection of any
    obligations held by the Bank.
    ---------------------------------------------------------------------------
        \135\ 12 U.S.C. 635f. Public Law 80-89 (61 Stat. 130) amended and
    restated sec. 8. Subsequently, sec. 121(c)(2) of the Export Enhancement
    Act of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 8 as
    sec. 7.
        \136\ Public Law 82-158 (65 Stat. 367) changed the date to June 30,
    1958; Public Law 88-101 (77 Stat. 128) changed the date to June 30,
    1968; Public Law 90-267 (82 Stat. 49) changed the date to June 30,
    1973; Public Law 92-126 (85 Stat. 345) changed the date to June 30,
    1974; Public Law 93-331 (88 Stat. 289) changed the date to July 30,
    1974; Public Law 93-374 (88 Stat. 445) changed the date to September
    30, 1974; Public Law 93-425 (88 Stat. 1166) changed the date to October
    15, 1974; Public Law 93-450 (88 Stat. 1368) changed the date to
    November 15, 1974; Public Law 93-646 (88 Stat. 2333) changed the date
    to June 30, 1978; Public Law 95-143 (91 Stat. 1211) changed the date to
    September 30, 1978; Public Law 95-407 (92 Stat. 882) changed the date
    to December 31, 1978; Public Law 95-630 (92 Stat. 3725) changed the
    date to September 30, 1983; sec. 6 of Public Law 98-109 (97 Stat. 746)
    changed the date to October 31, 1983; Public Law 98-143 (97 Stat. 916)
    changed the date to November 18, 1983; sec. 611 of Public Law 98-181
    (97 Stat. 1254) changed the date to September 30, 1986; sec. 14 of
    Public Law 99-472 (100 Stat. 1204) changed the date to September 30,
    1992; sec. 102 of Public Law 102-429 (106 Stat. 2187) changed the date
    to September 30, 1997; sec. 122 of Public Law 105-46 (111 Stat. 158)
    changed the date to October 23, 1997; Public Law 105-64 (111 Stat.
    1343) changed the date to November 7, 1997; Public Law 105-68 (111
    Stat. 1453) changed the date to November 9, 1997; Public Law 105-69
    (111 Stat. 1454) changed the date to November 10, 1997; Public Law 105-
    71 (111 Stat. 1456) changed the date to November 14, 1997; Public Law
    105-84 (111 Stat. 1628) changed the date to November 26, 1997; and sec.
    2 of Public Law 105-121 (106 Stat. 2528) changed the date to September
    30, 2001.
        Sec. 588 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2174),
    provided: ``That notwithstanding the dates specified in section 7 of
    the Export-Import Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of
    Public Law 103-428, the Export-Import Bank of the United States shall
    continue to exercise its functions in connection with and in
    furtherance of its objects and purposes through March 31, 2002.''
    Subsequently, Sec. 1 of Public Law 107-156 (116 Stat. 117) provided
    that ``Notwithstanding the dates specified in section 7 of the Export-
    Import Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of Public Law
    103-428, the Export-Import Bank of the United States shall continue to
    exercise its functions in connection with and in furtherance of its
    objects and purposes through April 30, 2002.''. Sec. 1 of Public Law
    107-168 (116 Stat. 131) provided that ``Notwithstanding the dates
    specified in section 7 of the Export-Import Bank Act of 1945 (12 U.S.C.
    635f) and section 1(c) of Public Law 103-428, the Export-Import Bank of
    the United States shall continue to exercise its functions in
    connection with and in furtherance of its objects and purposes through
    May 31, 2002.''. Sec. 1 of Public Law 107-186 (116 Stat. 589) provided
    that ``Notwithstanding the dates specified in section 7 of the Export-
    Import Bank Act of 1945 (12 U.S.C. 635f) and section 1(c) of Public Law
    103-428, the Export-Import Bank of the United States shall continue to
    exercise its functions in connection with and in furtherance of its
    objects and purposes through June 14, 2002.''.
        Sec. 3 of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 699) changed the date to September 30,
    2006.
        \137\ Public Law 92-126 (85 Stat. 345) inserted ``or any other
    purchasers.''
    ---------------------------------------------------------------------------
        Sec. 8.\138\ (a) The Export-Import Bank of the United
    States shall transmit to the Congress annually a complete and
    detailed report of its operations. The report shall be as of
    the close of business on the last day of each fiscal year.
    ---------------------------------------------------------------------------
        \138\ 12 U.S.C. 635g. Sec. 121(c)(2) of the Export Enhancement Act
    of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 9 as
    sec. 8. Sec. 10 of Public Law 93-646 (88 Stat. 2236) changed the
    reporting requirements from semiannual to annual to be completed as of
    the end of each fiscal year instead of June 30 and December 31 of each
    year.
        Sec. 8(c) of the Export-Import Bank Reauthorization Act of 2002
    (Public Law 107-189; 116 Stat. 701) provided: ``The Export-Import Bank
    of the United States shall include in the annual report required by
    section 8(a) of the Export-Import Bank Act of 1945 for each of fiscal
    years 2002 through 2006 a report on the efforts made by the Bank to
    carry out subparagraphs (E)(x) and (J) of section 2(b)(1) of such Act,
    and on how the efforts are assisting small businesses.''.
    ---------------------------------------------------------------------------
        (b) \139\ (1) The Bank shall include in its annual report
    to the Congress a report on the allocation of the sums set
    aside for small business exports pursuant to section
    2(b)(1)(E).
    ---------------------------------------------------------------------------
        \139\ Sec. 618(b)(2) of the Export-Import Bank Act Amendments of
    1983 (title VI of Public Law 98-181; 97 Stat. 1259) added subsec. (b),
    originally designated as subsec. (c). Subsequently, sec. 1104(a)(4) of
    Public Law 106-569 struck out subsec. (b), as added by sec. 10 of
    Public Law 93-646 (88 Stat. 2333 at 2337) and amended by sec. 1907(b)
    of Public Law 95-630 (92 Stat. 3725), and redesignated subsec. (c) as
    subsec. (b). Subsec. (b) previously read as follows:
        ``(b) The report shall contain a description of actions taken by
    the Bank in pursuance of the policy of aiding, counseling, assisting,
    and protecting, insofar as is possible, the interests of small business
    concerns and of the activities of the member of the Board appointed to
    represent the interests of small business. In addition, the Bank shall
    include in the report a description of specific activities and programs
    undertaken by it to achieve the policy of section 501 of the Nuclear
    Non-Proliferation Act of 1978, and section 119 of the Foreign
    Assistance Act of 1961, as required by section 2(b)(1)(C) of this
    Act.''.
    ---------------------------------------------------------------------------
        (2) Such report shall specify--
              (A) the total number and dollar volume of loans made
            from the sums set aside;
              (B) the number and dollar volume of loans made
            through the consortia program under section
            2(b)(1)(E)(vii);
              (C) the amount of guarantees and insurance provided
            for small business exports;
              (D) the number of recipients of financing from the
            sums set aside who have not previously participated in
            the Bank's programs;
              (E) the number of commitments entered into in amounts
            less than $500,000; and
              (F) any recommendations for increasing the
            participation of banks and other institutions in the
            programs authorized under section 2(b)(1)(E).
        (3) For the purpose of this subsection, the Bank's report
    shall be transmitted to the Committee on Small Business of the
    Senate and the Committee on Small Business of the House of
    Representatives.
        (c) \140\ Technology to Assist Small Businesses.--The Bank
    shall include in its annual report to the Congress under
    subsection (a) of this section for each of fiscal years 2002
    through 2006 a report on the efforts made by the Bank to carry
    out subparagraphs (E)(x) and (J) of section 2(b)(1) of this
    Act, and on how the efforts are assisting small business
    concerns (as defined in section 3(a) of the Small Business
    Act).
    ---------------------------------------------------------------------------
        \140\ Sec. 12(a) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 704) added subsec. (c).
        Previously, sec. 20(b) of Public Law 99-472 (100 Stat. 1209) added
    subsec. (e). Sec. 1104(a)(4) of Public Law 106-569 (114 Stat. 3031)
    subsequently struck out subsecs. (b) and (d) and redesignated subsecs.
    (c) and (e) as subsecs. (b) and (c), respectively. Sec. 1104(a)(4) of
    Public Law 106-569 further struck out subsec. (b) and redesignated
    subsec. (c) as subsec. (b).
    ---------------------------------------------------------------------------
        (d) \141\ Number of Small Business Suppliers of Bank
    Users.--The Bank shall estimate on the basis of an annual
    survey or tabulation the number of entities that are suppliers
    of users of the Bank and that are small business concerns (as
    defined in section 3(a) of the Small Business Act) located in
    the United States, and shall include the estimate in its annual
    report to the Congress under subsection (a) of this section.
    ---------------------------------------------------------------------------
        \141\ Sec. 12(b) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 705) added subsec. (d).
    ---------------------------------------------------------------------------
        (e) \142\ Outreach to Certain Small Businesses.--The Bank
    shall include in its annual report to the Congress under
    subsection (a) of this section a description of outreach
    efforts made by the Bank to any socially and economically
    disadvantaged small business concerns (as defined in section
    8(a)(4) of the Small Business Act), small business concerns (as
    defined in section 3(a) of the Small Business Act) owned by
    women, and small business concerns (as defined in section 3(a)
    of the Small Business Act) employing fewer than 100 employees.
    ---------------------------------------------------------------------------
        \142\ Sec. 12(c) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 705) added subsec. (e).
    ---------------------------------------------------------------------------
        Sec. 9.\143\ Notwithstanding the provisions of section 955
    of title 18, United States Code, any person, including any
    individual, partnership, corporation, or association, may act
    for or participate with the Export-Import Bank of the United
    States in any operation or transaction, or may acquire any
    obligation issued in connection with any operation or
    transaction, engaged in by the Bank.
    ---------------------------------------------------------------------------
        \143\ 12 U.S.C. 635h. Sec. 121(c)(3) of the Export Enhancement Act
    of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 11 as
    sec. 9. Previously, Public Law 83-779 (68 Stat. 112) amended and
    restated sec. 11. Public Law 90-267 struck out ``Export-Import Bank of
    Washington'' and inserted in lieu thereof ``Export-Import Bank of the
    United States''.
    ---------------------------------------------------------------------------

                        tied aid credit program and fund

        Sec. 10.\144\ (a) Findings.--The Congress finds that
    ---------------------------------------------------------------------------
        \144\ 12 U.S.C. 635i-3. Sec. 121(c)(4) of the Export Enhancement
    Act of 1992 (Public Law 102-429; 106 Stat. 2199) redesignated sec. 15
    as sec. 10. Sec. 19 of the Export-Import Bank Act Amendments of 1986
    (Public Law 99-472; 100 Stat. 1205) added the original sec. 15.
    ---------------------------------------------------------------------------
              (1) tied aid and partially untied aid credits offered
            by other countries are a predatory \145\ method of
            financing exports because of their market-distorting
            effects;
    ---------------------------------------------------------------------------
        \145\ Sec. 103(c)(1) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2187) struck out ``predacious'' at each place
    such term appeared in sec. 15, and replaced it with ``predatory''.
    ---------------------------------------------------------------------------
              (2) these distortions have caused the United States
            to lose export sales, with resulting losses in economic
            growth and employment;
              (3) these practices undermine market mechanisms that
            would otherwise result in export purchase decisions
            made on the basis of price, quality, delivery, and
            other factors directly related to the export, where
            official financing is not subsidized and would be a
            neutral factor in the transaction.
              (4) support of commercial exports by donor countries
            with tied aid and partially untied aid credits impedes
            the growth of developing countries because it diverts
            development assistance funds from essential
            developmental purposes; \146\
    ---------------------------------------------------------------------------
        \146\ Sec. 10(c) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 703) struck out ``and'' at the end
    of para. (4), redesignated para. (5) as para. (6), and added a new
    para. (5).
    ---------------------------------------------------------------------------
              (5) \146\ the Bank has, at a minimum, the following
            two tasks--
                      (A)(i) first, the Bank should match foreign
                    export credit agencies and aid agencies when
                    they engage in tiedaid outside the confines of
                    the Arrangement and when they exploit
                    loopholes, such as untied aid;
                      (ii) such matching is needed to provide the
                    United States with leverage in efforts at the
                    OECD to reduce the overall level of export
                    subsidies;
                      (iii) only through matching foreign export
                    credit offers can the Bank buttress United
                    States negotiators in theirefforts to bring
                    these loopholes within the disciplines of the
                    Arrangement; and
                      (iv) in order to bring untied aid within the
                    discipline of the Arrangement, the Bank should
                    consider initiating highly competitive
                    financial support when the Bank learns that
                    foreign untied aid offers will be made; and
                      (B) second, the Bank should support United
                    States exporters when the exporters face
                    foreign competition that is consistent with the
                    Arrangement and the Subsidies Code of the World
                    Trade Organization, but which places United
                    States exporters at a competitive disadvantage;
                    and
              (6) \146\ there should be established in the Bank a
            tied aid program \147\ to target the export markets of
            those countries which make extensive use of tied aid or
            partially untied aid credits, or untied aid used to
            promote exports as if it were tied aid,\148\ for
            commercial advantage for the purposes of--\149\
    ---------------------------------------------------------------------------
        \147\ Sec. 103(c)(2)(A) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2187) struck out ``temporary'' before
    ``tied aid program''.
        \148\ Sec. 10(c) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 703) inserted ``, or untied aid
    used to promote exports as if it were tied aid,''.
        \149\ Sec. 101(b)(1) of the International Development and Finance
    Act of 1989 (Public Law 101-240; 103 Stat. 2494) struck out ``for the
    purpose of facilitating the negotiation of a comprehensive
    international arrangement restricting the use of tied aid and partially
    untied aid credits for commercial purposes, and such program should be
    aggressively used until such an arrangement is established.'' and
    inserted in lieu thereof ``for the purposes of--'' through end of
    subsec. (a).
    ---------------------------------------------------------------------------
                      (A) enforcing compliance with the existing
                    Arrangement \150\ restricting the use of tied
                    aid and partially untied aid credits for
                    commercial purposes; and
    ---------------------------------------------------------------------------
        \150\ Sec. 103(c)(2)(B) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2187) struck out ``existing
    arrangement'' and inserted in lieu thereof ``existing Arrangement''.
    ---------------------------------------------------------------------------
                      (B) facilitating efforts to negotiate,
                    establish, and enforce new or revised
                    comprehensive international arrangements
                    effectively restricting the use of tied aid and
                    partially untied aid credits ``, or untied aid
                    usedto promote exports as if it were tied aid,
                    for commercial purposes;
            and such program should be used aggressively for such
            purposes.
        (b) Establishment of Tied Aid Credit Program.--
              (1) In general.--The \151\ Bank shall establish a
            tied aid credit program under which grants shall be
            made from funds available in the Tied Aid Credit fund
            established under subsection (c)--
    ---------------------------------------------------------------------------
        \151\ Sec. 103(c)(3)(A) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2187) struck out ``To carry out the
    purposes of subsection (a)(5), the'' and inserted in lieu thereof
    ``The''.
        Previously, sec. 101(b)(2) of the International Development and
    Finance Act of 1989 (Public Law 101-240; 103 Stat. 2494) amended and
    restated the first sentence of para. (1). The first sentence of para.
    (1) formerly read as follows:
        ``For the purpose of facilitating the negotiation of a
    comprehensive international arrangement restricting the use of tied aid
    and partially untied aid credits for commercial purposes, the Bank
    shall establish a tied aid and partially untied aid credits for
    commercial purposes, the Bank shall establish a tied aid credit program
    under which grants shall be made from funds available in the Tied Aid
    Credit Fund established under subsection (c)--''.
    ---------------------------------------------------------------------------
                      (A) to supplement the financing of a United
                    States export when there is a reasonable
                    expectation that predatory \144\ financing will
                    be provided by another country for a sale by a
                    competitor of the United States exporter with
                    respect to such export and with special
                    attention to matching tied aid and partially
                    untied aid credits extended by other
                    governments--
                              (i) in violation of the Arrangement;
                            or
                              (ii) in cases in which the Bank
                            determines that United States trade or
                            economic interests justify the matching
                            of tied aid credits extended in
                            compliance with the Arrangement,
                            including grandfathered cases; \152\
    ---------------------------------------------------------------------------
        \152\ Sec. 103(c)(3)(B) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2187) inserted text beginning at ``and
    with special attention'' in subpara. (A).
    ---------------------------------------------------------------------------
                      (B) to supplement the financing of United
                    States exports to foreign markets which are
                    actual or potential export markets for any
                    country which the Bank determines--
                              (i) engages in predatory \144\
                            official export financing through the
                            use of tied aid or \153\ partially
                            untied aid credits, and impedes
                            negotiations or violates agreements on
                            tied aid to eliminate the use of such
                            credits for commercial purposes; or
    ---------------------------------------------------------------------------
        \153\ Sec. 103(c)(3)(C) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2188) amended and restated clause (i)
    and (ii) beginning at this point.
    ---------------------------------------------------------------------------
                              (ii) engages in predatory financing
                            practices that seek to circumvent
                            international agreements on tied aid;
                            or
                      (C) to supplement the financing of United
                    States exports under such other circumstances
                    as the Bank may determine to be appropriate for
                    carrying out the purposes of this section.
              (2) Administration of program.--The tied aid credit
            program shall be administrated by the Bank--
                      (A) \154\ in consultation with the Secretary
                    and in accordance with the principles, process,
                    and standards developed pursuant to paragraph
                    (5) of this subsection and the purposes
                    described in subsection (a)(5);
    ---------------------------------------------------------------------------
        \154\ Sec. 9(a)(1) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 701) amended and restated subpara.
    (A). It previously read as follows:
        ``(A) in consultation with the Secretary and in accordance with the
    Secretary's recommendations on how such credits could be used most
    effectively and efficiently to carry out the purposes described in
    subsection (a)(5);''.
        Previouly, sec. 101(b)(3) of the International Development and
    Finance Act of 1989 (Public Law 101-240; 103 Stat. 2494) and sec.
    103(c)(4) of the Export Enhancement Act of 1992 (Public Law 102-429;
    106 Stat. 2188) amended subpara. (A).
    ---------------------------------------------------------------------------
                      (B) in cooperation with United States
                    exporters and private financial institutions or
                    entities, and in consultation with other
                    Federal agencies,\155\ as appropriate; and
    ---------------------------------------------------------------------------
        \155\ Sec. 103(c)(5) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2188) struck out ``private financial
    institutions or entities'', and inserted in lieu thereof ``United
    States exporters and private financial institutions or entities, and in
    consultation with other Federal agencies''.
    ---------------------------------------------------------------------------
                      (C) in consultation with the National
                    Advisory Council on International Monetary and
                    Financial Policies.
              (3) Coordination with other export financing.--Under
            the tied aid credit program, the Bank may combine
            grants from the Tied Aid Credit Fund with--
                      (A) any guarantee, insurance, or other
                    extension of credit provided by the Bank under
                    this Act;
                      (B) any export financing provided by any
                    private financial institution or other entity;
                    and
                      (C) any other type of export financing,
            in such manner and under such terms as the Bank
            determines to be appropriate, including combinations of
            export financing in the form of blended financing and
            parallel financing.
              (4) Information on countries which engage in official
            predatory \144\ export financing and impede
            negotiations.--In order to assist the Bank to make the
            most efficient use of funds available for supplemental
            financing under paragraph (1)(B), the United States
            Trade Representative and the Secretary of Commerce may
            provide information on principal sectors and key
            markets of countries described in paragraph (1)(B) to
            the Bank, the Secretary and the National Advisory
            Council on International Monetary and Financial
            Policies. The Bank shall also request and take into
            consideration the views of the private sector on
            principal sectors and key markets of countries
            described in paragraph (1)(B).\156\
    ---------------------------------------------------------------------------
        \156\ Sec. 103(c)(6) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2188) added the last sentence.
    ---------------------------------------------------------------------------
              (5) \157\ Principles, process, and standards
            governing use of the fund.--
    ---------------------------------------------------------------------------
        \157\ Sec. 9(a)(2) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 701) added para. (5).
    ---------------------------------------------------------------------------
                      (A) In general.--The Secretary and the Bank
                    jointly shall develop a process for, and the
                    principles and standards to be used in,
                    determining how the amounts in the Tied Aid
                    Credit Fund could be used most effectively
                    andefficiently to carry out the purposes of
                    subsection (a)(6).
                      (B) Content of principles, process, and
                    standards.--
                              (i) Consideration of certain
                            principles and standards.--In
                            developing the principles and standards
                            referred to in subparagraph (A), the
                            Secretary and the Bank shall consider
                            administering the Tied Aid Credit Fund
                            in accordance with the following
                            principles and standards:
                                      (I) The Tied Aid Credit Fund
                                    should be used to leverage
                                    multilateral negotiations to
                                    restrict the scope for aid-
                                    financed trade distortions
                                    through new multilateral rules,
                                    and to police existing rules.
                                      (II) The Tied Aid Credit Fund
                                    will be used to counter a
                                    foreign tied aid credit
                                    confronted by a United States
                                    exporter when bidding for a
                                    capital project.
                                      (III) Credible information
                                    about an offer of foreign tied
                                    aid will be required before the
                                    Tied Aid Credit Fund is used to
                                    offer specific terms to match
                                    such an offer.
                                      (IV) The Tied Aid Credit Fund
                                    will be used to enable a
                                    competitive United States
                                    exporter to pursue further
                                    market opportunities on
                                    commercial terms made possible
                                    by the use of the Fund.
                                      (V) Each use of the Tied Aid
                                    Credit Fund will be in
                                    accordance with the Arrangement
                                    unless a breach of the
                                    Arrangement has been committed
                                    by a foreign export credit
                                    agency.
                                      (VI) The Tied Aid Credit Fund
                                    may only be used to defend
                                    potential sales by United
                                    States companies to a project
                                    that is environmentally sound.
                                      (VII) The Tied Aid Credit
                                    Fund may be used to
                                    preemptively counter potential
                                    foreign tied aid offers without
                                    triggering foreign tied aid
                                    use.
                              (ii) Conclusion.--Once the
                            principles, process and standards
                            referred to in subparagraph (A) are
                            followed, the final case-by-case
                            decisions on the use of the Tied Aid
                            Credit Fund shall be made by the Bank:
                            Provided however, That the Bank shall
                            not approve the extension of a proposed
                            tied aid credit if the President of the
                            United States determines, after
                            consulting with the President of the
                            Bank and the Secretary of the Treasury,
                            that the extension of the tied aid
                            credit would materially impede
                            achieving the purposes described in
                            subsection (a)(6).
                      (C) Initial principles, process, and
                    standards.--As soon as is practicable but not
                    later than 6 months after the date of the
                    enactment of this paragraph, the Secretary and
                    the Bank shall submit to the Committee on
                    Financial Services of the House of
                    Representatives and the Committee on Banking,
                    Housing, and Urban Affairs of the Senate a copy
                    of the principles, process, and standards
                    developed pursuant to subparagraph (A).
                      (D) Transitional principles and standards.--
                    The principles and standards set forth in
                    subparagraph (B)(i) shall govern the use of the
                    Tied Aid Credit Fund until the principles,
                    process, and standards required by subparagraph
                    (C) are submitted.
                      (E) Update and revision.--The Secretary and
                    the Bank jointly should update and revise, as
                    needed, the principles, process, and standards
                    developed pursuant to subparagraph (A), and, on
                    doing so, shall submit to the Committee on
                    Financial Services of the House of
                    Representatives and the Committee on Banking,
                    Housing, and UrbanAffairs of the Senate a copy
                    of the principles, process, and standards so
                    updated and revised.
              (6) \158\ Reconsideration of decisions.--
                      (A) In general.--Taking into consideration
                    the time sensitivity of transactions, the Board
                    of Directors of the Bank shall expeditiously
                    pursuant to paragraph (2) reconsider a decision
                    of the Board to deny an application for the use
                    of the Tied Aid Credit Fund if the applicant
                    submits the request for reconsideration within
                    3 months of the denial.
    ---------------------------------------------------------------------------
        \158\ Sec. 9(b) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 702) added para. (6).
    ---------------------------------------------------------------------------
                      (B) Procedural rules.--In any such
                    reconsideration, the applicant may be required
                    to provide new information on the application.
        (c) Tied Aid Credit Fund.--
              (1) In general.--There is hereby established within
            the Bank a fund to be known as the ``Tied Aid Credit
            Fund'' (hereinafter in this section referred to as the
            ``Fund''), consisting of such amounts as may be
            appropriated to the Fund pursuant to the authorization
            contained in subsection (e).
              (2) Expenditures from fund.--Amounts in the Fund
            shall be available for grants made by the Bank under
            the tied aid credit program established pursuant to
            subsection (b) and to reimburse the Bank for the amount
            equal to the concessionality level of any tied aid
            credits authorized by the Bank.\159\
    ---------------------------------------------------------------------------
        \159\ Sec. 3(a) of Public Law 105-121 (111 Stat. 2528) struck out
    ``through September 30, 1997''.
        Previously, Public Law 100-217 (101 Stat. 1454) added a reference
    to fiscal years 1987 and 1988. Sec. 3302(b) of Public Law 100-418 (102
    Stat. 1383) struck out ``and 1988'' and inserted in lieu thereof
    ``1988, and 1989''. Sec. 101(b)(4) of the International Development and
    Finance Act of 1989 (Public Law 101-240; 103 Stat. 2494) struck out
    ``cost'' and inserted in lieu thereof ``amount equal to the
    concessionality level''; and struck out ``during fiscal years 1986,
    1987, 1988 and 1989'' and inserted in lieu thereof ``through fiscal
    year 1991''. Sec. 562(d)(2) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1991 (Public Law
    101-513; 104 Stat. 2037), struck out ``1991'' and inserted in lieu
    thereof ``1992''. Sec. 103(a) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2187) struck out ``fiscal year 1992''
    and inserted in lieu thereof ``September 30, 1995''. Sec. 1(a) of
    Public Law 104-97 (109 Stat. 984) struck out ``1995'' and inserted in
    lieu thereof ``1997''. Sec. 579(a) of Public Law 104-107 (110 Stat.
    751) also struck out ``1995'' and inserted in lieu thereof ``1997''.
    ---------------------------------------------------------------------------
        (d) Consistency With Arrangement.--Any export financing
    involving the use of a grant under the tied aid credit program
    shall be consistent with the procedures established by the
    Arrangement, as in effect at the time such financing is
    approved.
        (e) \160\ Authorization.--There are authorized to be
    appropriated such sums as may be necessary to carry out the
    purposes of this section. Such sums are authorized to remain
    available until expended.
    ---------------------------------------------------------------------------
        \160\ Sec. 3(b) of Public Law 105-121 struck out ``There are
    authorized to be appropriated to the Fund such sums as may be necessary
    for each of fiscal years 1996 and 1997.'' and inserted in lieu thereof
    ``There are authorized to be appropriated such sums as may be necessary
    to carry out the purposes of this section.''
        Previously, sec. 1(b) of Public Law 104-97 (109 Stat. 984) struck
    out ``There are authorized to be appropriated to the Fund $500,000,000
    for each of fiscal years 1993, 1994, and 1995.'' and inserted in lieu
    thereof ``There are authorized to be appropriated to the Fund such sums
    as may be necessary for each of fiscal years 1996 and 1997.'' Sec.
    579(b) of Public Law 104-107 (110 Stat. 751) intended to strike out
    ``1993, 1994, and 1995'' and insert in lieu thereof ``1996 and 1997'',
    an amendment made invalid by the amendment executed by Public Law 104-
    97.
        Previously, sec. 103(b) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2187) amended and restated subsec. (e).
    Previous to that, subsec. (e) authorized for fiscal years 1987, 1988,
    and 1989, $300,000,000, for fiscal year 1990, $300,000,000, and for
    each of fiscal years 1991 and 1992, $500,000,000, and required a
    determination from the President in the event ``that any amount
    appropriated to the Fund is not required to achieve the purpose of the
    Fund''.
    ---------------------------------------------------------------------------
        (f) Nonreviewability.--No action taken under this section
    shall be reviewable by any court, except for abuse of
    discretion.
        (g) Report to Congress.--
              (1) \161\ In general.-- \162\ In consultation with
            the Secretary, shall submit an annual report \163\ on
            tied aid credits to the Committee on Banking, Housing,
            and Urban Affairs of the Senate and the Committee on
            Financial Services \164\ of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \161\ Sec. 103(c)(7) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2188) amended and restated paras. (1) and (2).
        \162\ Sec. 1103(d)(2)(A) of Public Law 106-569 (114 Stat. 3031)
    struck out ``On or before October 15, 1992, and every 6 months
    thereafter, the Bank, in'' and inserted in lieu thereof ``In''.
        \163\ Sec. 1103(d)(2)(B) (114 Stat. 3031) struck out ``a report''
    and inserted in lieu thereof ``an annual report''.
        \164\ Sec. 24(a)(2)(E) of the Export-Import Bank Reauthorization
    Act of 2002 (Public Law 107-189; 116 Stat. 708) struck out ``Banking,
    Finance and Urban Affairs'' and inserted in lieu thereof ``Financial
    Services''. Previously, sec. 1(a)(2) of Public Law 104-14 (109 Stat.
    186) provided that references to the Committee on Banking, Finance and
    Urban Affairs of the House of Representatives shall be treated as
    referring to the Committee on Banking and Financial Services of the
    House of Representatives.
    ---------------------------------------------------------------------------
              (2) \161\ Contents of reports.--Each report required
            under paragraph (1) shall contain a description of--
                      (A) the implementation of the Arrangement
                    restricting tied aid and partially untied aid
                    credits for commercial purposes, including the
                    operation of notification and consultation
                    procedures;
                      (B) all principal offers of tied aid credit
                    financing by foreign countries during the
                    previous 6-month period, including all offers
                    notified by countries participating in the
                    Arrangement, and in particular--
                              (i) offers grandfathered under the
                            Arrangement; and
                              (ii) notifications of exceptions
                            under the Arrangement;
                      (C) any use by the Bank of the Tied Aid
                    Credit Fund to match specific offers, including
                    those that are grandfathered or exceptions
                    under the Arrangement; and
                      (D) other actions by the United States
                    Government to combat predatory financing
                    practices by foreign governments, including
                    additional negotiations among participating
                    governments in the Arrangement.
              (3) Confidential information.--To the extent the Bank
            determines any information required to be included in
            the report under this subsection should not be made
            public, such information may be submitted separately on
            a confidential basis or provided orally, rather than in
            written form, to the Chairmen and ranking minority
            Members of the Committees of the Senate and the House
            of Representatives with jurisdiction over the subject
            matter of the report.
        (h) Definitions.--For purposes of this section, the
    following definitions shall apply: \165\
    ---------------------------------------------------------------------------
        \165\ Sec. 103(c)(8)(A) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2188) amended and restated the first
    sentence of subsec. (h).
    ---------------------------------------------------------------------------
              (1) Tied aid and partially untied aid credit.--The
            terms ``tied aid credit'' and ``partially untied aid
            credit'' mean any credit which--
                      (A) has a grant element greater than zero
                    percent as determined by the Development
                    Assistance Committee of the Organization for
                    Economic Cooperation and Development;
                      (B) is, in fact or in effect, tied to--
                              (i) the procurement of goods or
                            services from the donor country, in the
                            case of tied aid credit; or
                              (ii) the procurement of goods or
                            services from a restricted number of
                            countries, in the case of partially
                            united aid credit; and
                      (C) is financed either exclusively from
                    public funds or partly from public and partly
                    from private funds.
              (2) Secretary.--The term ``Secretary'' means the
            Secretary of the Treasury.
              (3) Arrangement.--The term ``Arrangement'' means the
            Arrangement on Guidelines for Officially Supported
            Export Credits established through the Organization
            from Economic Cooperation and Development.
              (4) Blended financing.--The term ``blended
            financing'' means financing provided through any
            combination of official development assistance,
            official export credits, and private commercial credit
            which is integrated into a single agreement with a
            single set of financial terms.
              (5) Parallel financing.--The term ``parallel
            financing'' means financing provided by any combination
            of official development assistance, official export
            credits, and private commercial credit which is not
            integrated into a single agreement and does not have a
            single set of financial terms.
              (6) \166\ Offers grandfathered under the
            arrangement.--The term ``offers grandfathered under the
            Arrangement'' means--
    ---------------------------------------------------------------------------
        \166\ Sec. 103(c)(8)(B) of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2189) added para. (6).
    ---------------------------------------------------------------------------
                      (A) financing offers made or lines of credit
                    extended on or before February 15, 1992; or
                      (B) financing offers extended for subloans
                    under lines of credit referred to in
                    subparagraph (A) made on or before August 15,
                    1992, or, in the case of Mexico, on or before
                    December 31, 1992.
              (7) \167\ Market window.--The Bank, in consultation
            with the Secretary of the Treasury, shall define
            ``market window'' for purposes of this section.
    ---------------------------------------------------------------------------
        \167\ Sec. 10(d) of the Export-Import Bank Reauthorization Act of
    2002 (Public Law 107-189; 116 Stat. 704) added para. (7).
    ---------------------------------------------------------------------------

    SEC. 11.\168\ ENVIRONMENTAL POLICY AND PROCEDURES.

        (a) Environmental Effects Consideration.--
    ---------------------------------------------------------------------------
        \168\ 12 U.S.C. 635i-5. Sec. 106 of the Export Enhancement Act of
    1992 (Public Law 102-429; 106 Stat. 2189) added this sec. as sec. 17.
    Subsequently, sec. 121(c)(5) of that Act (106 Stat. 2199) redesignated
    sec. 17 as sec. 11.
    ---------------------------------------------------------------------------
              (1) In general.--Consistent with the objectives of
            section 2(b)(1)(A), the Bank shall establish procedures
            to take into account the potential beneficial and
            adverse environmental effects of goods and services for
            which support is requested under its direct lending and
            guarantee programs. Such procedures shall apply to any
            transaction involving a project--
                      (A) for which long-term support of
                    $10,000,000 or more is requested from the Bank;
                      (B) for which the Bank's support would be
                    critical to its implementation; and
                      (C) which may have significant environmental
                    effects upon the global commons or any country
                    not participating in the project, or may
                    produce an emission, an effluent, or a
                    principal product that is prohibited or
                    strictly regulated pursuant to Federal
                    environmental law.
              (2) Authority to withhold financing.--The procedures
            established under paragraph (1) shall permit the Board
            of Directors, in its judgment, to withhold financing
            from a project for environmental reasons or to approve
            financing after considering the potential environmental
            effects of a project.
        (b) Use of Bank Programs To Encourage Certain Exports.--(1)
    In general.--\169\ The Bank shall encourage the use of its
    programs to support the export of goods and services that have
    beneficial effects on the environment or mitigate potential
    adverse environmental effects (such as exports of products and
    services used to aid in the monitoring, abatement, control, or
    prevention of air, water, and ground contaminants or pollution,
    or which provide protection in the handling of toxic
    substances, subject to a final determination by the Bank, and
    products and services for foreign environmental projects
    dedicated entirely to the prevention, control, or cleanup of
    air, water, or ground pollution, including facilities to
    provide for control or cleanup, and used in the retrofitting of
    facility equipment for the sole purpose of mitigating,
    controlling, or preventing adverse environmental effects,
    subject to a final determination by the Bank).\169\ The Board
    of Directors shall name an officer of the Bank to advise the
    Board on ways that the Bank's programs can be used to support
    the export of such goods and services. The officer shall act as
    liaison between the Bank and other Federal Government agencies,
    including the agencies whose representatives are members of the
    Environmental Trade Promotion Working Group of the Trade
    Promotion Coordinating Committee, with respect to overall
    United States Government policy on the environment.
    ---------------------------------------------------------------------------
        \169\ Sec. 2(a) of Public Law 103-428 (108 Stat. 4376) inserted
    ``(1) In general.--''; inserted ``(such as exports of products and
    services used to aid in the monitoring, abatement, control, or
    prevention of air, water, and ground contaminants or pollution, or
    which provide protection in the handling of toxic substances, subject
    to a final determination by the Bank, and products and services for
    foreign environmental projects dedicated entirely to the prevention,
    control, or cleanup of air, water, or ground pollution, including
    facilities to provide for control or cleanup, and used in the
    retrofitting of facility equipment for the sole purpose of mitigating,
    controlling, or preventing adverse environmental effects, subject to a
    final determination by the Bank)''; and added para. (2).
    ---------------------------------------------------------------------------
        (2) \169\ Limitations on authorization of appropriations.--
    In addition to other funds available to support the export of
    goods and services described in paragraph (1), there are
    authorized to be appropriated to the Bank not more than
    $35,000,000 for the cost (as defined in section 502(5) of the
    Federal Credit Reform Act of 1990) of supporting such exports.
    If, in any fiscal year, the funds appropriated in accordance
    with this paragraph are not fully utilized due to insufficient
    qualified transactions for the export of such goods and
    services, such funds may be expended for other purposes
    eligible for support by the Bank.
        (c) Inclusion in Report to Congress.--The Bank shall
    provide in its annual report to the Congress a summary of its
    activities under subsections (a) and (b).
        (d) Interpretation.--Nothing in this section shall be
    construed to create any cause of action.

    SEC. 12.\170\ DEBT REDUCTION; ENTERPRISE FOR THE AMERICAS INITIATIVE.

        (a) Definitions.--For purposes of this section--
    ---------------------------------------------------------------------------
        \170\ 12 U.S.C. 635i-6. Sec. 108 of the Export Enhancement Act of
    1992 (Public Law 102-429; 106 Stat. 2191) added this sec. as sec. 18.
    Subsequently, sec. 121(c)(6) of that Act (106 Stat. 2199) redesignated
    sec. 18 as sec. 12.
    ---------------------------------------------------------------------------
              (1) the term ``eligible country'' means a country
            designated by the President in accordance with
            subsection \171\ (b);
    ---------------------------------------------------------------------------
        \171\ Sec. 24(b)(5) of the Export-Import Bank Reauthorization Act
    of 2002 (Public Law 107-189; 116 Stat. 709) struck out ``section'' and
    inserted in lieu thereof ``subsection''.
    ---------------------------------------------------------------------------
              (2) the term ``Facility'' means the entity
            established in the Department of the Treasury by
            section 601 of the Agricultural Trade Development and
            Assistance Act of 1954; and
              (3) the term ``IMF'' means the International Monetary
            Fund.
        (b) Eligibility for Benefits Under the Facility.--
              (1) Requirements.--To be eligible for benefits from
            the Facility under this section, a country must--
                      (A) be a Latin American or Caribbean country;
                      (B) have in effect, have received approval
                    for, or, as appropriate in exceptional
                    circumstances, be making significant progress
                    toward--
                              (i) an IMF standby arrangement,
                            extended IMF arrangement, or an
                            arrangement under the structural
                            adjustment facility or enhanced
                            structural adjustment facility or, in
                            exceptional circumstances, an IMF
                            monitored program or its equivalent;
                            and
                              (ii) as appropriate, structural or
                            sectoral adjustment loans from the
                            International Bank for Reconstruction
                            and Development or the International
                            Development Association;
                      (C) have put in place major investment
                    reforms in conjunction with an Inter-American
                    Development Bank loan or otherwise be
                    implementing, or making significant progress
                    toward, an open investment regime; and
                      (D) if appropriate, have agreed with its
                    commercial bank lenders on a satisfactory
                    financing program, including, as appropriate,
                    debt or debt service reduction.
              (2) Eligibility determinations.--The President shall
            determine whether a country is an eligible country for
            purposes of paragraph (1).
        (c) Loans Eligible for Sale, Reduction, or Cancellation.--
              (1) Authority to sell, reduce, or cancel certain
            loans.--Notwithstanding any other provision of law, the
            President may, in accordance with this section, sell to
            any eligible purchaser any loan or portion thereof made
            before January 1, 1992, to any eligible country or any
            agency thereof pursuant to this Act, or, on receipt of
            payment from an eligible purchaser, reduce or cancel
            such loan or portion thereof, only for the purpose of
            facilitating--
                      (A) debt-for-equity swaps, debt-for-
                    development swaps, or debt-for-nature swaps; or
                      (B) a debt buy-back by an eligible country of
                    its own qualified debt, only if the eligible
                    country uses an additional amount of the local
                    currency of the eligible country, equal to not
                    less than 40 percent of the price paid for such
                    debt by such eligible country, or the
                    difference between the price paid for such debt
                    and the face value of such debt, to support
                    activities that link conservation and
                    sustainable use of natural resources with local
                    community development, and child survival and
                    other child development activities, in a manner
                    consistent with sections 607 through 612 of the
                    Agricultural Trade Development and Assistance
                    Act of 1954, if the sale, reduction, or
                    cancellation would not contravene any term or
                    condition of any prior agreement relating to
                    such loan.
              (2) Terms and conditions.--Notwithstanding any other
            provision of law, the President shall, in accordance
            with this section, establish the terms and conditions
            under which loans may be sold, reduced, or canceled
            pursuant to this section.
              (3) Treatment under securities laws.--The filing of a
            registration statement under the Securities Act of 1933
            shall not be required with respect to the sale or offer
            for sale by the Bank of a loan or any interest therein
            pursuant to this section. For purposes of the
            Securities Act of 1933, the Bank shall not be deemed to
            be an issuer or underwriter with respect to any
            subsequent sale or other disposition of such loan (or
            any interest therein) or any security received by an
            eligible purchaser pursuant to any debt-for-equity
            swap, debt-for-development swap, or debt-for-nature
            swap.
              (4) Administration.--The Facility shall notify the
            Bank of purchasers that the President has determined to
            be eligible, and shall direct the Bank to carry out the
            sale, reduction, or cancellation of a loan pursuant to
            this section. The Bank shall make an adjustment in its
            accounts to reflect the sale, reduction, or
            cancellation.
              (5) Limitations.--The authorities of this subsection
            may be exercised only to such extent as provided for in
            advance in appropriations Acts, as necessary to
            implement the Federal Credit Reform Act of 1990.
        (d) Deposit of Proceeds.--The proceeds from the sale,
    reduction, or cancellation of any loan sold, reduced, or
    canceled pursuant to this section shall be deposited in the
    United States Government account or accounts established for
    the repayment of such loan.
        (e) Eligible Purchasers.--A loan may be sold pursuant to
    subsection (c)(1)(A) only to a purchaser who presents plans
    satisfactory to the President for using the loan for the
    purpose of engaging in debt-for-equity swaps, debt-for-
    development swaps, or debt-for-nature swaps.
        (f) Debtor Consultation.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this
    section, of any loan made to an eligible country, the President
    shall consult with the country concerning the amount of loans
    to be sold, reduced, or canceled and their uses for debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature
    swaps.
        (g) Authorization of Appropriations.--For the sale,
    reduction, and cancellation of loans or portions thereof
    pursuant to this section, there are authorized to be
    appropriated to the President such sums as may be necessary,
    which are authorized to remain available until expended.

    SEC. 13.\172\ COOPERATION ON EXPORT FINANCING PROGRAMS.

        The Bank shall, subject to appropriate memoranda of
    understanding--
    ---------------------------------------------------------------------------
        \172\ 12 U.S.C. 635i-7. Sec. 115 of the Export Enhancement Act of
    1992 (Public Law 102-429; 106 Stat. 2196) added this sec. as sec. 19.
    Subsequently, sec. 121(c)(7) of that Act (106 Stat. 2199) redesignated
    sec. 19 as sec. 13.
    ---------------------------------------------------------------------------
              (1) provide complete and current information on all
            of its programs and financing practices to--
                      (A) the Small Business Administration and
                    other Federal agencies involved in promoting
                    exports and marketing export financing
                    programs; and
                      (B) State and local export financing
                    organizations that indicate a desire to
                    participate in export promotion; and
              (2) consistent with the provisions of section
            2301(f)(2) of the Export Enhancement Act of 1988,
            undertake a program to provide training for personnel
            designated in such memoranda with respect to such
            financing programs.

    SEC. 14.\173\ SPECIAL DEBT RELIEF FOR THE POOREST, MOST HEAVILY
                        INDEBTED COUNTRIES.

        (a) Debt Reduction Authority.--The President may reduce
    amounts of principal \174\ and interest owed by any eligible
    country to the Bank as a result of loans or guarantees made
    under this Act.
    ---------------------------------------------------------------------------
        \173\ 12 U.S.C. 635i-8. Sec. 570(b) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, Fiscal Year
    1994 (Public Law 103-87; 107 Stat. 970), added this sec. as a second
    sec. 11. Subsequently, sec. 2(b) of Public Law 103-428 (108 Stat. 4376)
    redesignated the second sec. 11 as sec. 14.
        In a memorandum for the Secretary of the Treasury, June 20, 1994,
    the President delegated the authority in sec. 14(a) of this Act to the
    Secretary of the Treasury, to work in consultation with the Secretary
    of State and the President of the Export-Import Bank (59 F.R. 33413).
        \174\ Sec. 24(b)(6) of the Export-Import Bank Reauthorization Act
    of 2002 (Public Law 107-189; 116 Stat. 709) struck out ``principle''
    and inserted in lieu thereof ``principal''.
    ---------------------------------------------------------------------------
        (b) Limitations.--
              (1) Types of debt reduction.--The authority provided
            by subsection (a) may be exercised only to implement
            multilateral agreements to reduce the burden of
            official bilateral debt as set forth in the minutes of
            the so-called ``Paris Club'' (also known as ``Paris
            Club Agreed Minutes'').
              (2) Eligible countries.--
                      (A) Definition.--As used in subsection (a),
                    the term ``eligible country'' means any country
                    that--
                              (i) has excessively burdensome
                            external debt;
                              (ii) is eligible to borrow from the
                            International Development Association;
                            and
                              (iii) is not eligible to borrow from
                            the International Bank for
                            Reconstruction and Development.
                      (B) Determinations.--Subject to subparagraph
                    (A), the President may determine whether a
                    country is an eligible country for purposes of
                    subsection (a).
        (c) Conditions.--The authority provided by this section may
    be exercised only with respect to a country whose government--
              (1) does not have an excessive level of military
            expenditures;
              (2) has not repeatedly provided support for acts of
            international terrorism;
              (3) is not failing to cooperate on international
            narcotics control matters; and
              (4) (including its military or other security forces)
            does not engage in a consistent pattern of gross
            violations of internationally recognized human rights.
        (d) Appropriations.--The authority provided by subsection
    (a) may be exercised only in such amounts or to such extent as
    is provided in advance in appropriations Acts.

    SEC. 15.\175\ MARKET WINDOWS.

        (a) Enhanced Transparency.--To ensure that the Bank
    financing remains fully competitive, the United States should
    seek enhanced transparency over the activities of market
    windows in the OECD Export Credit Arrangement. If such
    transparency indicates that market windows are disadvantaging
    United States exporters, the United States should seek
    negotiations for multilateral disciplines and transparency
    within the OECD Export Credit Arrangement.
    ---------------------------------------------------------------------------
        \175\ 12 U.S.C. 635i-9. Sec. 10(b) of the Export-Import Bank
    Reauthorization Act of 2002 (Public Law 107-189; 116 Stat. 703) added
    sec. 15.
    ---------------------------------------------------------------------------
        (b) Authorization.--The Bank may provide financing on terms
    and conditions that are inconsistent with those permitted under
    the OECD Export Credit Arrangement--
              (1) to match financing terms and conditions that are
            being offered by market windows on terms that are
            inconsistent with those permitted under the OECD Export
            Credit Arrangement, if--
                      (A) matching such terms and conditions
                    advances the negotiations for multilateral
                    disciplines and transparency within the OECD
                    Export Credit Arrangement; or
                      (B) transparency verifies that the market
                    window financing is being offered on terms that
                    are more favorable than the terms and
                    conditions that are available from private
                    financial markets; and
              (2) when the foreign government-supported institution
            refuses to provide sufficient transparency to permit
            the Bankto make a determination under paragraph (1).
        (c) Definition.--In this section, the term ``OECD'' means
    the Organization for Economic Cooperation and Development.

    --------------------------------------------------------------------------------------------------------------------------------------------------------

    --------------------------------------------------------------------------------------------------------------------------------------------------------

                               Note.--Sec. 121(c)(1) of the Export Enhancement Act of 1992 (Public Law 102-429; 106 Stat. 2199)

                               Sec. 5 (formerly 12 U.S.C. 635c) provided for payments to the Reconstruction Finance Corporation upon
                              the surrender of preferred stock for cancellation;
                               Sec. 10 (59 Stat. 529) provided for the repeal of sec. 9 of the Act of January 31, 1935 (49 Stat. 4,
                              ch. 2);
                               Sec. 12 (formerly 12 U.S.C. 635i) provided for the Export-Import Bank of the United States to succeed
                              the Export-Import Bank of Washington;
                               Sec. 13 (formerly 12 U.S.C. 635i-1) provided for special facilities in support of U.S. exports;
                               Sec. 14 (formerly 12 U.S.C. 635i-2) required that Congress be notified of certain decreases in
                              capital stock value;
                               Sec. 16 (formerly 12 U.S.C. 635i-4) provided for the public sales of bank loans.

    --------------------------------------------------------------------------------------------------------------------------------------------------------

               b. Export-Import Bank Reauthorization Act of 2002

     Partial text of Public Law 107-189 [S. 1372], 116 Stat. 698, approved
                                 June 14, 2002

       AN ACT To reauthorize the Export-Import Bank of the United States.

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

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

        (a) This Act may be cited as the ``Export-Import Bank
    Reauthorization Act of 2002''.
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 635 note.

              Note.--Except for the provisions set out below, for
            the most part the Export-Import Bank Act of 2002
            amended the Export-Import Bank Act of 1945. Those
            amendments have been incorporated into the relevant
            sections of that Act.

              * * * * * * *

    SEC. 4. ADMINISTRATIVE EXPENSES.

        (a) Required Budget Subcategories.--Section 1105(a) of
    title 31, United States Code, is amended by adding at the end
    the following:
              ``(34) with respect to the amount of appropriations
            requested for use by the Export-Import Bank of the
            United States, a separate statement of the amount
            requested for its program budget, the amount requested
            for its administrativeexpenses, and of the amount
            requested for its administrative expenses, the amount
            requested for technology expenses.''.
        (b) Sense of the Congress on the Importance of Technology
    Improvements.--
              (1) Findings.--The Congress finds that--
                      (A) the Export-Import Bank of the United
                    States is in great need of technology
                    improvements;
                      (B) part of the amount budgeted for
                    administrative expenses of the Bank is used for
                    technology initiatives and systems upgrades for
                    computer hardware and software purchases;
                      (C) the Bank is falling behind its foreign
                    competitor export credit agencies' proactive
                    technology improvements;
                      (D) small businesses disproportionately
                    benefit from improvements in technology;
                      (E) small businesses need improvements in
                    Bank technology in order to export transactions
                    quickly, with as little paperwork as possible,
                    and with a quick Bank turn-around time that
                    does not over strain the tight resources of
                    such businesses;
                      (F) the Bank intends to develop a number of
                    e-commerce initiatives aimed at improving
                    customer service, including web-based
                    application and claim filing procedures which
                    would reduce processing time, speed payment of
                    claims, and increase staff efficiency;
                      (G) the Bank is beginning the process of
                    moving insurance applications from an outdated
                    mainframe system to a modern, web-enabled
                    database, with new functionality including
                    credit scoring, portfolio management, work
                    flow, and e-commerce features to be added; and
                      (H) the Bank wants to continue its e-commerce
                    strategy, including developing a website,
                    expanding online applications, and establishing
                    a technology partnership between the public and
                    private sectors.
              (2) Sense of the Congress.--It is the sense of the
            Congress that emphasis should be placed on the
            importance oftechnology improvements for the Export-
            Import Bank of the United States, which are of
            particular importance for smallbusinesses.
              * * * * * * *

    SEC. 8. TECHNOLOGY.

        (a) Small Business.-- * * *
        (b) Electronic Tracking of Pending Transactions.-- * * *
        (c) \2\ Reports.--The Export-Import Bank of the United
    States shall include in the annual report required by section
    8(a) of the Export-Import Bank Act of 1945 for each of fiscal
    years 2002 through 2006 a report on the efforts made by the
    Bank to carry out subparagraphs (E)(x) and (J) of section
    2(b)(1) of such Act, and on how the efforts are assisting small
    businesses.
    ---------------------------------------------------------------------------
        \2\ 12 U.S.C. 635g note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 10. EXPANSION OF AUTHORITY TO USE TIED AID CREDIT FUND.

        (a) \3\ Untied Aid.--
              (1) Negitations.--The Secretary of the Treasury shall
            seek to negotiate an OECD Arrangement on Untied Aid.
            Inthe negotiations, the Secretary should seek agreement
            on subjecting untied aid to the rules governing the
            Arrangement,including the rules governing disclosure.
    ---------------------------------------------------------------------------
        \3\ 12 U.S.C. 635a note.
    ---------------------------------------------------------------------------
              (2) Report to Congress.--Within 1 year after the date
            of the enactment of this Act, the Secretary of the
            Treasury shall submit to the Committee on Financial
            Services of the House of Representatives and the
            Committee on Banking, Housing, and Urban Affairs of the
            Senate a report on the successes, failures, and
            obstacles in initiating negotiations, and if
            negotiations were initiated, in reaching the agreement
            described in paragraph (1).
        (b) Market Windows.--
              (1) In general.--The Export-Import Bank Act of 1945
            (12 U.S.C. 635 et seq.) is amended by adding at the end
            thefollowing new section: * * *
              (2) \4\ Report.--Within 2 years after the date of the
            enactment of this Act, the Secretary of the Treasury
            shall submit to the Committee on Financial Services of
            the House of Representatives and the Committee on
            Banking, Housing, and Urban Affairs of the Senate a
            report on the rationale for seeking or not seeking
            negotiations for multilateral disciplines and
            transparency, the successes, failures, and obstacles in
            initiating negotiations, and if negotiations were
            initiated, in reaching an agreement.
    ---------------------------------------------------------------------------
        \4\ 12 U.S.C. 635i-9 note.
    ---------------------------------------------------------------------------
        (c) Use of Tied Aid Credit Fund to Combat Untied Aid.-- * *
    *
        (d) Definition of Market Window.-- * * *
              * * * * * * *

    SEC. 14.\5\ GAO REPORT ON COMPARATIVE RESERVE PRACTICES OF EXPORT
                        CREDIT AGENCIES AND PRIVATE BANKS.

        Within 1 year after the date of the enactment of this Act,
    the Comptroller General of the United States shall submit to
    the Committee on Financial Services of the House of
    Representatives and the Committee on Banking, Housing, and
    Urban Affairs of the Senate a report that examines the reserve
    ratios of the Export-Import Bank of the United States as
    compared with the reserve practices of private banks and
    foreign export credit agencies.
    ---------------------------------------------------------------------------
        \5\ 12 U.S.C. 635 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 20. SENSE OF THE CONGRESS.

        It is the sense of the Congress that, when considering a
    proposal for assistance for a project the cost of which is
    $10,000,000 or more, the management of the Export-Import Bank
    of the United States should have available for review a
    detailed assessment of the potential human rights impact of the
    proposed project.
              * * * * * * *

    SEC. 23. SENSE OF THE CONGRESS IN TRIBUTE TO JOHN E. ROBSON.

        (a) Findings.--The Congress finds that--
              (1) from his appointment in 2001 as President and
            Chairman of the Export-Import Bank of the United States
            untilhis death on March 20, 2002, John E. Robson
            provided powerful leadership for that institution,
            instilling his spirit of excellence within the Bank and
            ensuring the Bank's role as a prominent player in the
            trade and economic policy of the United States; and
              (2) during his time at the Export-Import Bank of the
            United States, John E. Robson served as a role model
            for all of his colleagues with his dedication to the
            institution, commitment to excellence, resolute sense
            of integrity, and desire to leave the Bank a better
            place than how he found it.
        (b) Sense of the Congress.--The Congress is deeply saddened
    by the death of John E. Robson, President and Chairman of the
    Board of Directors of the Export-Import Bank of the United
    States, and expresses to the family of John E. Robson its deep
    appreciation for the contributions he made and the legacy he
    leaves behind, and its heartfelt sorrow at his passing.
              * * * * * * *
                     c. Export Expansion/Export Enhancement

                       (1) Export Enhancement Act of 1999

        Partial text of Public Law 106-158 [H.R. 3381], 113 Stat. 1745,
                           approved December 9, 1999

     AN ACT To reauthorize the Overseas Private Investment Corporation and
            the Trade and Development Agency 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.\1\ SHORT TITLE.

        This Act may be cited as the ``Export Enhancement Act of
    1999''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
        \2\ Sec. 2 amended sec. 235(a)(2) of the Foreign Assistance Act of
    1961. See Legislation on Foreign Relations Through 2005, vol. I-A.
        \3\ Sec. 3 amended sec. 231A of the Foreign Assistance Act of 1961.
        \4\ Sec. 4 amended sec. 233(b) of the Foreign Assistance Act of
    1961.
        \5\ Sec. 5 amended sec. 661 of the Foreign Assistance Act of 1961.
        \6\ 15 U.S.C. 4727a.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ OPIC ISSUING AUTHORITY. * * *

    SEC. 3.\3\ IMPACT OF OPIC PROGRAMS. * * *

    SEC. 4.\4\ BOARD OF DIRECTORS AT OPIC. * * *

    SEC. 5.\5\ TRADE AND DEVELOPMENT AGENCY. * * *

    SEC. 6.\6\ IMPLEMENTATION OF PRIMARY OBJECTIVES OF TPCC.

        The Trade Promotion Coordinating Committee shall--
              (1) report on the actions taken or efforts currently
            underway to eliminate the areas of overlap and
            duplication identified among Federal export promotion
            activities;
              (2) coordinate efforts to sponsor or promote any
            trade show or trade fair;
              (3) work with all relevant State and national
            organizations, including the National Governors'
            Association, that have established trade promotion
            offices;
              (4) report on actions taken or efforts currently
            underway to promote better coordination between State,
            Federal, and private sector export promotion
            activities, including co-location, cost sharing between
            Federal, State, and private sector export promotion
            programs, and sharing of market research data; and
              (5) by not later than March 20, 2000, and annually
            thereafter, include the matters addressed in paragraphs
            (1), (2), (3) and (4) in the annual report required to
            be submitted under section 2312(f) of the Export
            Enhancement Act of 1988 (15 U.S.C. 4727(f)).

    SEC. 7.\7\ TIMING OF TPCC REPORTS. * * *

    ---------------------------------------------------------------------------
        \7\ Sec. 7 amended sec. 2312(f) of the Export Enhancement Act of
    1988.
    ---------------------------------------------------------------------------
              * * * * * * *
                 (2) Fair Trade in Automotive Parts Act of 1998

     Title XXXVIII of Public Law 105-261 [Strom Thurmond National Defense
            Authorization Act, H.R. 3616], approved October 17, 1998

     AN ACT To authorize appropriations for fiscal year 1999 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

                 TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS

    SEC. 3801.\1\ SHORT TITLE.

      This title may be cited as the ``Fair Trade in Automotive
    Parts Act of 1998''.
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 4701 note.
    ---------------------------------------------------------------------------

    SEC. 3802.\2\ DEFINITIONS.

      In this title:
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 4705.
    ---------------------------------------------------------------------------
              (1) Japanese markets.--The term ``Japanese markets''
            refers to markets, including markets in the United
            States and Japan, where automotive parts and
            accessories, both original equipment and aftermarket,
            are purchased for use in the manufacture or repair of
            Japanese automobiles.
              (2) Japanese and other asian markets.--The term
            ``Japanese and other Asian markets'' refers to markets,
            including markets in the United States, Japan, and
            other Asian countries, where automotive parts and
            accessories, both original equipment and aftermarket,
            are purchased for use in the manufacture or repair of
            Japanese, United States, or other Asian automobiles.

    SEC. 3803.\3\ RE-ESTABLISHMENT OF INITIATIVE ON AUTOMOTIVE PARTS SALES
                        TO JAPAN.

      (a) In General.--The Secretary of Commerce shall re-establish
    the initiative to increase the sale of United States-made
    automotive parts and accessories to Japanese markets.
    ---------------------------------------------------------------------------
        \3\ 15 U.S.C. 4705a.
    ---------------------------------------------------------------------------
      (b) Functions.--In carrying out this section, the Secretary
    shall--
              (1) foster increased access for United States-made
            automotive parts and accessories to Japanese companies,
            including specific consultations on access to Japanese
            markets;
              (2) facilitate the exchange of information between
            United States automotive parts manufacturers and the
            Japanese automobile industry;
              (3) collect data and market information on the
            Japanese automotive industry regarding needs, trends,
            and procurement practices, including the types, volume,
            and frequency of parts sales to Japanese automobile
            manufacturers;
              (4) establish contacts with Japanese automobile
            manufacturers in order to facilitate contact between
            United States automotive parts manufacturers and
            Japanese automobile manufacturers;
              (5) report on and attempt to resolve disputes,
            policies, or practices, whether public or private, that
            result in barriers to increased commerce between United
            States automotive parts manufacturers and Japanese
            automobile manufacturers;
              (6) take actions to initiate periodic consultations
            with officials of the Government of Japan regarding
            sales of United States-made automotive parts in
            Japanese markets; and
              (7) transmit to Congress the annual report prepared
            by the Special Advisory Committee under section
            3804(c)(5).

    SEC. 3804.\4\ ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON AUTOMOTIVE
                        PARTS SALES IN JAPANESE AND OTHER ASIAN MARKETS.

      (a) In General.--The Secretary of Commerce shall seek the
    advice of the United States automotive parts industry in
    carrying out this title.
    ---------------------------------------------------------------------------
        \4\ 15 U.S.C. 4705b.
    ---------------------------------------------------------------------------
      (b) Establishment of Committee.--The Secretary of Commerce
    shall establish a Special Advisory Committee for purposes of
    carrying out this title.
      (c) Functions.--The Special Advisory Committee established
    under subsection (b) shall--
              (1) report to the Secretary of Commerce on barriers
            to sales of United States-made automotive parts and
            accessories in Japanese and other Asian markets;
              (2) review and consider data collected on sales of
            United States-made automotive parts and accessories in
            Japanese and other Asian markets;
              (3) advise the Secretary of Commerce during
            consultations with other governments on issues
            concerning sales of United States-made automotive parts
            in Japanese and other Asian markets;
              (4) assist in establishing priorities for the
            initiative established under section 3803, and
            otherwise provide assistance and direction to the
            Secretary of Commerce in carrying out the intent of
            that section; and
              (5) assist the Secretary in reporting to Congress by
            submitting an annual written report to the Secretary on
            the sale of United States-made automotive parts in
            Japanese and other Asian markets, as well as any other
            issues with respect to which the Committee provides
            advice pursuant to this title.
      (d) Authority.--The Secretary of Commerce shall draw on
    existing budget authority in carrying out this title.

    SEC. 3805.\5\ EXPIRATION DATE.

      The authority under this title shall expire on December 31,
    2003.
    ---------------------------------------------------------------------------
        \5\ 15 U.S.C. 4705c.
    ---------------------------------------------------------------------------
              * * * * * * *
                       (3) Export Enhancement Act of 1992

        Partial text of Public Law 102-429 [H.R. 5739], 106 Stat. 2186,
                           approved October 21, 1992

       AN ACT To reauthorize the Export-Import Bank of the United States.

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

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Export
    Enhancement Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 635 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

                 TITLE I--REAUTHORIZATION OF EXPORT-IMPORT BANK

    SEC. 101.\1\ DECLARATION OF POLICY.

        The Congress finds that--
              (1) as the world's largest economy, the United States
            has an enormous stake in the future of the global
            trading system;
              (2) exports are a crucial force driving the United
            States economy;
              (3) during 1991, the value of United States exports
            increased by 7.1 percent from the 1990 level to
            $421,600,000,000, supporting more than 7,000,000 full-
            time United States jobs, and affecting the lives of all
            of the people of the United States;
              (4) exports also support the global strategic
            position of the United States;
              (5) a significant part of a country's influence is
            drawn from the reputation of its goods, its industrial
            connections with other countries, and the capital it
            has available for investment, and trade finance is a
            critical component of this equation;
              (6) the growth in United States exports has increased
            the demand for financing from the Export-Import Bank of
            the United States;
              (7) during 1991, the value of exports assisted by the
            Export-Import Bank rose 28.7 percent, from
            $9,700,000,000 to $12,100,000,000, the highest level
            since 1981;
              (8) the Export-Import Bank used its entire budget
            authority provided for 1991, and still could not meet
            all of the demand for its financing assistance; and
              (9) accordingly, the charter of the Export-Import
            Bank, which is scheduled to expire on September 30,
            1992, must be renewed in order that the Bank continue
            to arrange competitive and innovative financing for the
            foreign sales of United States exporters.

    SEC. 102. EXTENSION OF AUTHORITY.

        Section 8 of the Export-Import Bank Act of 1945 (12 U.S.C.
    635f) is amended by striking ``1992'' and inserting ``1997''.
    ---------------------------------------------------------------------------
        \2\ Sec. 103 amended the Export-Import Bank Act of 1945 through
    sec. 15 (subsequently redesignated as sec. 10).
        \3\ Secs. 104, 105, 107, 109(a), 110, 111, 112(a)-(d), 114, 116,
    and 121(a) amended sec. 2 of the Export-Import Bank Act of 1945 (12
    U.S.C. 635).
        \4\ Sec. 106 added a new sec. 17 to the Export-Import Bank Act of
    1945 (12 U.S.C. 635i-5), subsequently redesignated as sec. 11.
    ---------------------------------------------------------------------------

    SEC. 103.\2\ TIED AID CREDIT FUND EXTENSION. * * *

    SEC. 104.\3\ USE OF LOAN GUARANTEES. * * *

    SEC. 105.\3\ EXPANDED USE OF LOAN GUARANTEES. * * *

    SEC. 106.\4\ ENVIRONMENTAL POLICY. * * *

    SEC. 107.\3\ INSURANCE-RELATED BUSINESS STEMMING FROM BANK ACTIVITIES.
                        * * *

    SEC. 108.\5\ DEBT REDUCTION; ENTERPRISE FOR THE AMERICAS INITIATIVE. *
                        * *
    ---------------------------------------------------------------------------

        \5\ Sec. 108 added a new sec. 18 to the Export-Import Bank Act of
    1945 (12 U.S.C. 635i-6), subsequently redesignated as sec. 12.
    ---------------------------------------------------------------------------

    SEC. 109.\6\ INCREASE IN AGGREGATE LOAN, GUARANTEE, AND INSURANCE
                        AUTHORITY. * * *
    ---------------------------------------------------------------------------

        \6\ Sec. 109 amended sec. 2(c)(1) and sec. 7 of the Export-Import
    Bank Act of 1945 (12 U.S.C. 635(c)(1) and (12 U.S.C. 635f),
    respectively).
    ---------------------------------------------------------------------------

    SEC. 110.\3\ LIMITATION ON FINANCING FOR CERTAIN COUNTRIES. * * *

    SEC. 111.\3\ CONDITIONAL ALLOWANCE OF ASSISTANCE FOR EXPORTS TO ANGOLA.
                        * * *

    SEC. 112.\7\ FINANCING OF SALES OF DEFENSE ARTICLES OR SERVICES. * * *
    ---------------------------------------------------------------------------

        \7\ Sec. 112 amended sec. 2(b)(6) of the Export-Import Bank Act of
    1945 (12 U.S.C. 635(b)(6)) and repealed sec. 32 of the Arms Export
    Control Act (22 U.S.C. 2772).
    ---------------------------------------------------------------------------

    SEC. 113.\8\ INCREASE IN ADVISORY COMMITTEE MEMBERSHIP. * * *
    ---------------------------------------------------------------------------

        \8\ Sec. 113 amended sec. 3(d)(1)(A) of the Export-Import Bank Act
    of 1945 (12 U.S.C. 635a(d)(1)(A)).
    ---------------------------------------------------------------------------

    SEC. 114.\3\ FINANCING OF HIGH TECHNOLOGY EXPORTS TO EMERGING
                        DEMOCRACIES. * * *

    SEC. 115.\9\ COOPERATION ON EXPORT FINANCING PROGRAMS. * * *
    ---------------------------------------------------------------------------

        \9\ Sec. 115 added a new sec. 19 to the Export-Import Bank Act of
    1945 (12 U.S.C. 635i-7), subsequently redesignated as sec. 13.
    ---------------------------------------------------------------------------

    SEC. 116.\3\ ASSISTANCE FOR EXPORTS BY SMALL BUSINESSES. * * *

    SEC. 117.\10\ COMPENSATION OF EMPLOYEES.

        (a) In General.--The Board of Directors of the Export-
    Import Bank of the United States may compensate not more than
    35 employees of the Bank without regard to the provisions of
    chapter 51 or subchapter III or VIII of chapter 53 of title 5,
    United States Code.
    ---------------------------------------------------------------------------
        \10\ 12 U.S.C. 635a note.
    ---------------------------------------------------------------------------
        (b) \11\ Sunset.--Effective 2 years after the date of
    enactment of this Act, subsection (a) is hereby repealed.
    ---------------------------------------------------------------------------
        \11\ Title I of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
    Stat. 2173), provided the following extension: ``* * * Provided
    further, That, notwithstanding subsection (b) of section 117 of the
    Export Enhancement Act of 1992, subsection (a) thereof shall remain in
    effect until October 1, 2006.''.
        Previously, similar extensions of sec. 117(a) had been provided in
    the following Acts: Public Law 108-199 (118 Stat. 143); Public Law 108-
    7 (117 Stat. 160); Public Law 107-115 (115 Stat. 2119); Public Law 106-
    429 (114 Stat. 1900); Public Law 106-113 (113 Stat. 1535); Public Law
    105-277 (112 Stat. 2681-150); Public Law 105-118 (111 Stat. 2387);
    Public Law 104-208 (110 Stat. 3009-121); Public Law 104-107 (110 Stat.
    705); and Public Law 103-306 (108 Stat. 1623).
    ---------------------------------------------------------------------------
        (c) Report.--Not later than 1 year after the date of
    enactment of this Act, the Export-Import Bank of the United
    States shall submit a report to the Congress on--
              (1) the recruitment and employee retention problems
            of the Bank;
              (2) any relief from such problems afforded by the
            Office of Personnel Management;
              (3) any use of the authority provided in subsection
            (a); and
              (4) the conclusions and recommendations of the Bank
            with respect to--
                      (A) whether such problems have been
                    satisfactorily addressed; and
                      (B) whether or not the authority of
                    subsection (a) should be extended.

    SEC. 118.\12\ REPORT ON REGIONAL OFFICES.

        Not later than 1 year after the date of enactment of this
    Act, the Export-Import Bank of the United States shall submit a
    report to the Committee on Banking, Finance and Urban Affairs
    \13\ of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate on the Bank's
    plan to establish and operate regional offices. In addition,
    the report shall consider the appropriateness of cooperating
    with other Federal agencies and State and local organizations
    in co-locating personnel of such agencies and organizations
    with personnel of the Bank in such regional offices.
    ---------------------------------------------------------------------------
        \12\ 12 U.S.C. 635a note.
        \13\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------

    SEC. 119.\14\ REPORT ON FINANCING OF SERVICES.

        (a) Report.--Not later than 1 year after the date of
    enactment of this Act, the Export-Import Bank of the United
    States (in this section referred to as the ``Bank'') shall
    submit a report to the Committee on Banking, Finance and Urban
    Affairs and the Committee on Foreign Affairs of the House of
    Representatives \15\ and the Committee on Banking, Housing, and
    Urban Affairs of the Senate on ways of facilitating the export
    financing of high technology services.
    ---------------------------------------------------------------------------
        \14\ 12 U.S.C. 635a note.
        \15\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives. Sec. 1(a)(5) of that Act provided that references to
    the Committee on Foreign Affairs of the House of Representatives shall
    be treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------
        (b) Contents.--The report required by subsection (a) shall
    include--
              (1) an analysis of the current export financing needs
            of firms dealing in high technology services;
              (2) an identification of the export financing support
            provided by commercial lenders to finance the sale of
            high technology services;
              (3) an identification of the official export credit
            programs in support of such exports of countries that
            are major participants in the Organization for Economic
            Cooperation and Development; and
              (4) a review of the programs of the Bank to determine
            how it can meet identified market needs of firms
            dealing in high technology services.
        (c) Definition.--For purposes of this section, the term
    ``high technology services'' means industries in which above
    average percentages of scientists and engineers are employed,
    and which have the highest direct research and development
    expenditures per dollar of sales, including--
              (1) computer programming and software services;
              (2) data processing services; and
              (3) computer related services.

    SEC. 120.\16\ REPORT ON DEMAND FOR TRADE FINANCE FOR THE BALTIC STATES,
                        THE INDEPENDENT STATES OF THE FORMER SOVIET UNION,
                        AND CENTRAL AND EASTERN EUROPE.
    ---------------------------------------------------------------------------

        \16\ 12 U.S.C. 635 note.
    ---------------------------------------------------------------------------
        (a) Findings.--The Congress finds that--
              (1) United States export participation in the
            emerging markets in the independent States of the
            former Soviet Union, Central and Eastern Europe, and
            the Baltic States holds definite potential for
            preserving and creating jobs in the United States and
            strengthening the competitiveness of United States
            exports;
              (2) export assistance for United States goods
            destined for emerging republics is an investment in the
            development and establishment of their market
            economies, a critical element in maintaining existing
            United States businesses which export to the regions in
            which such republics are located, and a significant
            factor in the economic future of the United States and
            such republics;
              (3) the Export-Import Bank of the United States (in
            this section referred to as the ``Bank'') has a unique
            opportunity to play a leading role in assisting United
            States exporters to participate in the rapidly changing
            and highly competitive markets in the independent
            States of the former Soviet Union, Central and Eastern
            Europe, and the Baltic States; and
              (4) it is in the interest of the United States for
            the Bank to--
                      (A) monitor carefully the export assistance
                    programs and terms offered by foreign
                    governments for competitive exports; and
                      (B) make every effort to offer United States
                    business export assistance for transactions in
                    the independent States of the former Soviet
                    Union, Central and Eastern Europe, and the
                    Baltic States, that is comparable to the
                    assistance being provided by other governments.
        (b) Report.--Not later than 1 year after the date of
    enactment of this Act, the Bank shall transmit to the Congress
    a report analyzing the present and future demand for loans,
    guarantees, and insurance for trade between the United States
    and the Baltic States, between the United States and the
    independent States of the former Soviet Union, and between the
    United States and Central and Eastern Europe, and shall make
    recommendations regarding the adequacy of financing for trade
    between the United States and such countries. As used in this
    section, the term ``independent States of the former Soviet
    Union'' includes all successor states (other than the Baltic
    States) to the Soviet Union.

    SEC. 121.\17\ ELIMINATION OF OUTDATED PROVISIONS. * * *
    ---------------------------------------------------------------------------

        \17\ Sec. 121 amended several sections of the Export-Import Bank
    Act of 1945 to eliminate outdated provisions.
    ---------------------------------------------------------------------------

                           TITLE II--EXPORT PROMOTION

    SEC. 201.\18\ TRADE PROMOTION COORDINATING COMMITTEE. * * *
    ---------------------------------------------------------------------------

        \18\ Sec. 201 added a new sec. 2312 to the Export Enhancement Act
    of 1988 (15 U.S.C. 4727).
    ---------------------------------------------------------------------------

    SEC. 202.\19\ ONE-STOP SHOPS. * * *
    ---------------------------------------------------------------------------

        \19\ Secs. 202, 203, and 205 amended sec. 2301 of the Export
    Enhancement Act of 1988 (15 U.S.C. 4721).
    ---------------------------------------------------------------------------

    SEC. 203.\19\ COMMERCIAL SERVICE COOPERATION IN FEDERAL FINANCING AND
                        INSURANCE PROGRAMS. * * *

    SEC. 204. ENVIRONMENTAL TRADE PROMOTION.

        (a) \20\ TPCC Activities.--* * *
    ---------------------------------------------------------------------------
        \20\ Sec. 204(a) added a new sec. 2313 to the Export Enhancement
    Act of 1988 (15 U.S.C. 4728).
    ---------------------------------------------------------------------------
        (b) \21\ Report on Insurance Feasibility.--Not later than 1
    year after the date of enactment of this Act, the chairperson
    of the Trade Promotion Coordinating Committee, after
    consultation with the appropriate departments and agencies of
    the United States Government, shall submit a report to the
    Congress that analyzes--
    ---------------------------------------------------------------------------
        \21\ 15 U.S.C. 4728 note.
    ---------------------------------------------------------------------------
              (1) the extent to which Federal investment insurance
            and export financing programs sufficiently protect
            against business failures or default on obligations
            arising from changes by a foreign government in its
            environmental laws or regulations; and
              (2) the advisability and feasibility of expanding the
            coverage of such programs, or creating new programs, to
            address such risks.

    SEC. 205.\19\ RANK OF COMMERCIAL SERVICE OFFICERS. * * *

    SEC. 206.\22\ REPORT ON EXPORT POLICY. * * *
    ---------------------------------------------------------------------------

        \22\ Sec. 206 added a new sec. 2314 to the Export Enhancement Act
    of 1988 (15 U.S.C. 4729).
    ---------------------------------------------------------------------------

    SEC. 207.\23\ PROVISIONAL REPEAL OF AMENDMENTS.

        In the event of the enactment of title II of H.R. 3489,
    ``An Act to reauthorize the Export Administration Act of 1979,
    and for other purposes'', this title and the amendments made by
    this title are repealed, effective on the date of enactment of
    title II of H.R. 3489, ``An Act to reauthorize the Export
    Administration Act of 1979, and for other purposes''.
    ---------------------------------------------------------------------------
        \23\ H.R. 3489, Omnibus Export Amendments Act of 1992, including
    title II relating to export promotion, was not enacted in the 102d
    Congress. A conference report on the bill was filed on October 5, 1992,
    as H. Rept. 102-1025, and printed in the Congressional Record, on that
    date--see page H12184. The Export Administration Act of 1979 was
    extended by Public Law 103-10 (107 Stat. 40) in the 103d Congress. That
    law, however, did not enact text relating to export promotion.
    ---------------------------------------------------------------------------

    SEC. 208.\24\ EXPORT PROMOTION AUTHORIZATION. * * *

    ---------------------------------------------------------------------------
        \24\ Sec. 208 amended sec. 202 of the Export Administration
    Amendments Act of 1985 (15 U.S.C. 4052) to authorize appropriations for
    export promotion programs of the Department of Commerce for fiscal
    years 1993 and 1994.
    ---------------------------------------------------------------------------

                            TITLE III--MISCELLANEOUS

    SEC. 301.\25\ JOHN HEINZ COMPETITIVE EXCELLENCE AWARD. * * *

    ---------------------------------------------------------------------------
        \25\ See 2 U.S.C. 831.
                       (4) Export Enhancement Act of 1988

     Title II of Public Law 100-418 [H.R. 4848], 102 Stat. 1325, approved
       August 23, 1988; as amended by Public Law 101-240 [International
       Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492,
    approved December 19, 1989; Public Law 102-429 [Export Enhancement Act
    of 1992; H.R. 5739], 106 Stat. 2186, approved October 21, 1992; Public
     Law 102-549 [Jobs Through Exports Act of 1992; H.R. 4996], 106 Stat.
    3651, approved October 28, 1992; Public Law 103-236 [Foreign Relations
     Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat.
     382, approved April 30, 1994; Public Law 103-392 [Jobs Through Trade
    Expansion Act of 1994; H.R. 4950], 108 Stat. 4098, approved October 22,
     1994; Public Law 104-14 [H.R. 1421], 109 Stat. 186, approved June 3,
    1995; Public Law 104-66 [Federal Reports Elimination and Sunset Act of
     1995; S. 790], 109 Stat. 707, approved December 21, 1995; Public Law
    104-288 [United States National Tourism Organization Act of 1996; H.R.
     2579], 110 Stat. 3402, approved October 11, 1996; Public Law 105-261
      [Strom Thurmond National Defense Authorization Act for Fiscal Year
    1999; H.R. 3616], 112 Stat. 1920, approved October 17, 1998; Public Law
     106-158 [Export Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745,
     approved December 9, 1999; and Public Law 107-228 [Foreign Relations
       Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
                          approved September 20, 2002

      AN ACT To enhance the competitiveness of American industry, 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 AND TABLE OF CONTENTS.

      (a) \1\ Short Title.--This Act may be cited as the ``Omnibus
    Trade and Competitiveness Act of 1988''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2901 note. Other freestanding sections of Public Law
    100-418 (102 Stat. 1107) are found in this volume on page 256.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--
                                                                       Page

                          TITLE II--EXPORT ENHANCEMENT

    Sec. 2001. Short title...........................................  1281

                      Subtitle A--Trade and Foreign Policy
                    part i--relations with certain countries

    Sec. 2101. United States-Mexico Framework Agreement on Trade and
      Investment.....................................................  1282
    Sec. 2102. Relations with countries providing offensive weaponry
      to belligerent countries in the Persian Gulf region............  1282

                       part ii--fair trade in auto parts

    Sec. 2121. Short title...........................................  1282
    Sec. 2122. Definition............................................  1282
    Sec. 2123. Establishment of initiative on auto parts sales to
      Japan..........................................................  1282
    Sec. 2124. Establishment of special advisory committee on auto
      parts sales in Japan...........................................  1283
    Sec. 2125. Expiration date.......................................  1284

                         Subtitle B--Export Enhancement
                           part i--general provisions

    Sec. 2201. Commercial personnel at the American Institute of
      Taiwan.........................................................  1284
    Sec. 2202. Country reports on economic policy and trade practices  1284
    Sec. 2203. Overseas Private Investment Corporation...............  1284
    Sec. 2204. Trade and Development Agency..........................  1284
    Sec. 2205. Barter and countertrade...............................  1286
    Sec. 2206. Protection of United States intellectual property.....  1288
    Sec. 2207. Report on worker rights...............................  1288
    Sec. 2208. Japanese importation of manufactured goods from less
      developed countries............................................  1288
    Sec. 2209. Japan and the Arab boycott of Israel..................  1289
    Sec. 2210. Facilitation of jewelry trade.........................  1289

                         part ii--assistance to poland
         [See Legislation on Foreign Relations Through 2005, vol. I-B]
                          Subtitle C--Export Promotion

    Sec. 2301. United States and Foreign Commercial Service..........  1289
    Sec. 2302. Commercial Service officers and multilateral
      development bank procurement [transferred to the International
      Financial Institutions Act]
    Sec. 2303. Market development cooperator program.................  1293
    Sec. 2304. Trade shows...........................................  1295
    Sec. 2305. Authorization of appropriations for export promotion
      programs.......................................................  1296
    Sec. 2306. United States and Foreign Commercial Service Pacific
      Rim initiative.................................................  1296
    Sec. 2307. Indian tribes export promotion........................  1296
    Sec. 2311. Report on export trading companies....................  1297
    Sec. 2312. Trade Promotion Coordinating Committee................  1298
    Sec. 2313. Environmental trade promotion.........................  1300
    Sec. 2314. Report on export policy...............................  1305

                          Subtitle D--Export Controls
                       part i--export controls generally

    Sec. 2424. Exports of domestically produced crude oil............  1306
    Sec. 2425. Procedures for license applications...................  1308
    Sec. 2432. Monitoring of wood exports............................  1308
    Sec. 2433. Study on national security export controls............  1308

                part ii--multilateral export control enhancement

    Sec. 2441. Short title...........................................  1309
    Sec. 2442. Findings..............................................  1310
    Sec. 2443. Mandatory sanctions against Toshiba and Kongsberg.....  1310

                      Subtitle E--Miscellaneous Provisions

    Sec. 2503. Budget Act............................................  1311

                          TITLE II--EXPORT ENHANCEMENT

    SEC. 2001.\2\ SHORT TITLE.

      This title may be referred to as the ``Export Enhancement Act
    of 1988''.
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 4701 note.
    ---------------------------------------------------------------------------

                      Subtitle A--Trade and Foreign Policy

                    part i--relations with certain countries

    SEC. 2101. UNITED STATES-MEXICO FRAMEWORK AGREEMENT ON TRADE AND
                        INVESTMENT.

      (a) Findings.--The Congress finds that the Bilateral
    Framework Agreement on Trade and Investment, entered into by
    the United States and Mexico on November 6, 1987--
              (1) provides a useful vehicle for the management of
            bilateral trade and investment relations, based on
            shared principles and objectives;
              (2) establishes procedures for consultation by the
            two countries on matters of bilateral trade and
            investment, and should facilitate resolution of
            disputes on these matters; and
              (3) has led to negotiations between the two countries
            on important issues, and should continue to facilitate
            such negotiations.
      (b) Further Implementation of the Agreement.--Within the
    context of the Bilateral Framework Agreement on Trade and
    Investment, the President is urged to continue to pursue
    consultations with representatives of the Government of Mexico
    for the purposes of implementing the Agreement and achieving an
    expansion of mutually beneficial trade and investment.

    SEC. 2102. RELATIONS WITH COUNTRIES PROVIDING OFFENSIVE WEAPONRY TO
                        BELLIGERENT COUNTRIES IN THE PERSIAN GULF REGION.

      It is the sense of the Congress that the President should use
    all available appropriate leverage to persuade all countries to
    desist from any further transfers of offensive weaponry, such
    as Silkworm missiles, to any belligerent country in the Persian
    Gulf region.

                       part ii--fair trade in auto parts

    SEC. 2121.\3\ SHORT TITLE.

      This part may be referred to as the ``Fair Trade in Auto
    Parts Act of 1988''.
    ---------------------------------------------------------------------------
        \3\ 15 U.S.C. 4701 note.
    ---------------------------------------------------------------------------

    SEC. 2122.\4\ DEFINITION.

      For purposes of this part, the term ``Japanese markets''
    refers to markets, including those in the United States and
    Japan, where automotive parts and accessories, both original
    equipment and aftermarket, are purchased for use in the
    manufacture or repair of Japanese automobiles.
    ---------------------------------------------------------------------------
        \4\ 15 U.S.C. 4701.
    ---------------------------------------------------------------------------

    SEC. 2123.\5\ ESTABLISHMENT OF INITIATIVE ON AUTO PARTS SALES TO JAPAN.

        (a) In General.--The Secretary of Commerce shall establish
    an initiative to increase the sale of United States-made auto
    parts and accessories to Japanese markets.
    ---------------------------------------------------------------------------
        \5\ 15 U.S.C. 4702.
    ---------------------------------------------------------------------------
      (b) Functions.--In carrying out this section, the Secretary
    shall--
              (1) foster increased access for United States-made
            auto parts and accessories to Japanese companies,
            including specific consultations on access to Japanese
            markets;
              (2) facilitate the exchange of information between
            United States auto parts manufacturers and the Japanese
            automobile industry;
              (3) collect data and market information on the
            Japanese automotive industry regarding needs, trends,
            and procurement practices, including the types, volume,
            and frequency of parts sales to Japanese automobile
            manufacturers;
              (4) establish contacts with Japanese automobile
            manufacturers in order to facilitate contact between
            United States auto parts manufacturers and Japanese
            automobile manufacturers;
              (5) report on and attempt to resolve disputes,
            policies, or practices, whether public or private, that
            result in barriers to increased commerce between United
            States auto parts manufacturers and Japanese automobile
            manufacturers;
              (6) take actions to initiate periodic consultations
            with officials of the Government of Japan regarding
            sales of United States-made auto parts in Japanese
            markets; and
              (7) submit annual written reports or otherwise report
            annually to the Congress on the sale of United States-
            made auto parts in Japanese markets, including the
            extent to which long-term, commercial relationships
            exist between United States auto parts manufacturers
            and Japanese automobile manufacturers.

    SEC. 2124.\6\ ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON AUTO PARTS
                        SALES IN JAPAN.

        (a) In General.--The Secretary of Commerce shall seek the
    advice of the United States automotive parts industry in
    carrying out this part.
    ---------------------------------------------------------------------------
        \6\ 15 U.S.C. 4703.
    ---------------------------------------------------------------------------
      (b) Establishment of Committee.--The Secretary of Commerce
    shall establish a Special Advisory Committee for purposes of
    carrying out this part.
      (c) Functions.--The Special Advisory Committee established
    under subsection (b) shall--
              (1) report to the Secretary of Commerce on barriers
            to sales of United States-made auto parts and
            accessories in Japanese markets;
              (2) review and consider data collected on sales of
            United States-made auto parts and accessories in
            Japanese markets;
              (3) advise the Secretary of Commerce during
            consultations with the Government of Japan on issues
            concerning sales of United States-made auto parts in
            Japanese markets;
              (4) assist in establishing priorities for the
            initiative established under section 2123, and
            otherwise provide assistance and direction to the
            Secretary of Commerce in carrying out the intent of
            that section; and
              (5) assist the Secretary in reporting, or otherwise
            report to the Congress as requested, on the progress of
            sales of United States-made auto parts in Japanese
            markets.
      (d) Authority.--The Secretary of Commerce shall draw on
    existing budget authority in carrying out this part.

    SEC. 2125.\7\ EXPIRATION DATE.

      The authorities under this part shall expire on December 31,
    1998.\8\
    ---------------------------------------------------------------------------
        \7\ 15 U.S.C. 4704.
        \8\ Sec. 510(a) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 465) extended this
    date from December 31, 1993.
    ---------------------------------------------------------------------------

                         Subtitle B--Export Enhancement

                           part i--general provisions

    SEC. 2201.\9\ COMMERCIAL PERSONNEL AT THE AMERICAN INSTITUTE OF TAIWAN.

      The American Institute of Taiwan shall employ personnel to
    perform duties similar to those performed by personnel of the
    United States and Foreign Commercial Service. The number of
    individuals employed shall be commensurate with the number of
    United States personnel of the Commercial Service who are
    permanently assigned to the United States diplomatic mission to
    South Korea.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 3310a.
    ---------------------------------------------------------------------------

    SEC. 2202.\10\ COUNTRY REPORTS ON ECONOMIC POLICY AND TRADE PRACTICES.
                        * * * [REPEALED--2002]
    ---------------------------------------------------------------------------

        \10\ Sec. 671(1) of the Foreign Relations Authorization Act, Fiscal
    Year 2003 [Public Law 107-228; 116 Stat. 1407], repealed sec. 2202,
    which had required the Secretary of State to submit annual reports to
    Congress on economic policy and trade practices of each country with
    which the United States had an economic or trade relationship.
    ---------------------------------------------------------------------------

    SEC. 2203. OVERSEAS PRIVATE INVESTMENT CORPORATION.

      (a) Reaffirmation of Support for OPIC.--The Congress
    reaffirms its support for the Overseas Private Investment
    Corporation as a United States Government agency serving
    important development assistance goals. In order to enhance the
    Corporation's ability to meet these goals, the Overseas Private
    Investment Corporation should increase its loan guaranty and
    direct investment programs.
      (b) * * *
      (c) * * *

    SEC. 2204. TRADE AND DEVELOPMENT PROGRAM.\11\

      (a) Reaffirmation of Support for Trade and Development
    Program.\11\ --The Congress reaffirms its support for the Trade
    and Development Program,\11\ and believes that the Program's
    \11\ ability to support high priority development projects in
    developing countries would be enhanced by an increase in the
    funds authorized for the Program \11\ as well as by a
    clarification of the Program's \11\ status as a separate
    component of the International Development Cooperation Agency.
    ---------------------------------------------------------------------------
        \11\ Sec. 202(e) of Public Law 102-549 (106 Stat. 3657) provided
    that ``Any reference in any law to the Trade and Development Program
    shall be deemed to be a reference to the Trade and Development
    Agency.''.
    ---------------------------------------------------------------------------
      (b) Authorization and Uses of Funds; Establishment as
    Separate Program.
              (1) * * *
              (2) * * *
              (3) Funding levels.--In addition to funds otherwise
            available to the President for purposes of section 661
            of the Foreign Assistance Act of 1961--
                      (A) not less than $5,000,000 and not more
                    than $10,000,000 for fiscal year 1988 shall be
                    made available for such purposes, half of which
                    shall be derived from amounts available to
                    carry out section 108 of the Foreign Assistance
                    Act of 1961 for such fiscal year, and half of
                    which shall be derived from amounts available
                    to carry out chapter 4 of part II of the
                    Foreign Assistance Act of 1961 for such fiscal
                    year; and
                      (B) not less than $5,000,000 and not more
                    than $10,000,000 for fiscal year 1989 shall be
                    made available for such purposes, half of which
                    shall be derived from amounts available to
                    carry out section 108 of the Foreign Assistance
                    Act of 1961 for such fiscal year, and half of
                    which shall be derived from amounts available
                    to carry out chapter 4 of part II of the
                    Foreign Assistance Act of 1961 for such fiscal
                    year.
              (4) Additional funding.--(A) In addition to the
            amounts otherwise available to the President for
            purposes of section 661 of the Foreign Assistance Act
            of 1961 (including amounts available under paragraph
            (3) of this subsection) for fiscal years 1988 and 1989,
            there are authorized to be appropriated $10,000,000 for
            each such fiscal year for education and training
            programs undertaken in connection with projects under
            section 661 of that Act, including the operating
            expenses incurred in implementing such programs.
            Particular emphasis shall be placed on including in
            such programs nationals from the People's Republic of
            China and the Republic of China (Taiwan). Assistance
            may be provided for education and training under this
            paragraph only if there is a reasonable expectation
            that such education and training will result in
            increased exports from the United States and will not
            have a negative impact on employment in the United
            States.
              (B) Of the funds made available to carry out
            subparagraph (A), 50 percent of such funds shall be
            available only for education and training programs
            administered in the United States by small business
            concerns as defined under section 3 of the Small
            Business Act (15 U.S.C. 632).
      (c) * * *
      (d) Administrative Provisions.--
              (1) Pay of director of tdp.--Section 5314 of title 5,
            United States Code, is amended by adding at the end the
            following: * * *
              (2) Transition provisions.--(A) The Administrator of
            the Agency for International Development shall transfer
            to the Director of the Trade and Development Program
            \11\ all records, contracts, applications, and any
            other documents or information in connection with the
            functions transferred by virtue of the amendments made
            by subsection (c)(1).\12\
    ---------------------------------------------------------------------------
        \12\ Subsec. (c)(1) amended the Trade and Development Enhancement
    Act of 1983 (title VI, Public Law 98-181).
    ---------------------------------------------------------------------------
              (B) All determinations, regulations, and contracts--
                      (i) which have been issued, made, granted, or
                    allowed to become effective by the President,
                    the Agency for International Development, or by
                    a court of competent jurisdiction, in the
                    performance of the functions transferred by
                    virtue of the amendments made by subsection
                    (c)(1), and
                      (ii) which are in effect at the time this
                    section takes effect,
            shall continue in effect according to their terms until
            modified, terminated, superseded, set aside, or revoked
            in accordance with the law by the President, the
            Director of the Trade and Development Program,\11\ or
            other authorized official, by a court of competent
            jurisdiction, or by operation of law.
              (C)(i) The amendments made by subsection (c)(1) shall
            not affect any proceedings, including notices of
            proposed rulemaking, or any application for any
            financial assistance, which is pending on the effective
            date of this section before the Agency for
            International Development in the exercise of functions
            transferred by virtue of the amendments made by
            subsection (c)(1). Such proceedings and applications,
            to the extent that they relate to functions so
            transferred, shall be continued.
              (ii) 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. Orders issued in any such proceedings
            shall continue in effect until modified, terminated,
            superseded, or revoked by the Director of the Trade and
            Development Program \11\ or other authorized official,
            by a court of competent jurisdiction, or by operation
            of law.
              (iii) Nothing in this subparagraph 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.
              (iv) The Director of the Trade and Development
            Program \11\ is authorized to issue regulations
            providing for the orderly transfer to the Trade and
            Development Program \11\ of proceedings continued under
            this subparagraph.
              (D) With respect to any function transferred by
            virtue of the amendments made by subsection (c)(1) and
            exercised on or after the effective date of this
            section, reference in any other Federal law to the
            Agency for International Development or any officer
            shall be deemed to refer to the Trade and Development
            Program \11\ or other official to which such function
            is so transferred.

    SEC. 2205.\13\ BARTER AND COUNTERTRADE.

      (a) Interagency Group.--
    ---------------------------------------------------------------------------
        \13\ 15 U.S.C. 4712.
    ---------------------------------------------------------------------------
              (1) Establishment.--The President shall establish an
            interagency group on countertrade, to be composed of
            representatives of such departments and agencies of the
            United States as the President considers appropriate.
            The Secretary of Commerce shall be the chairman of the
            interagency group.
              (2) Functions.--It shall be the function of the
            interagency group to--
                      (A) review and evaluate--
                              (i) United States policy on
                            countertrade and offsets, in light of
                            current trends in international
                            countertrade and offsets and the impact
                            of those trends on the United States
                            economy;
                              (ii) the use of countertrade and
                            offsets in United States exports and
                            bilateral United States foreign
                            economic assistance programs; and
                              (iii) the need for and the
                            feasibility of negotiating with other
                            countries, through the Organization for
                            Economic Cooperation and Development
                            and other appropriate international
                            organizations, to reach agreements on
                            the use of countertrade and offsets;
                            and
                      (B) make recommendations to the President and
                    the Congress on the basis of the review and
                    evaluation referred to in subparagraph (A).
              (3) Sharing of information.--Other departments and
            agencies of the United States shall provide to the
            interagency group such information available to such
            departments and agencies as the interagency group may
            request, except that the requirements, including
            penalties for violation thereof, for preserving the
            confidentiality of such information which are
            applicable to the officials, employees, experts, or
            consultants of such departments and agencies shall
            apply in the same manner to each member of the
            interagency group and to any other person performing
            any function under this subsection.
      (b) Office of Barter.--
              (1) Establishment--There is established, within the
            International Trade Administration of the Department of
            Commerce, the Office of Barter (hereafter in this
            section referred to as the ``Office'').
              (2) Director.--There shall be at the head of the
            Office a Director, who shall be appointed by the
            Secretary of Commerce.
              (3) Staff.--The Secretary of Commerce shall transfer
            such staff to the Office as the Secretary determines is
            necessary to enable the Office to carry out its
            functions under this section.
              (4) Functions.--It shall be the function of the
            Office to--
                      (A) monitor information relating to trends in
                    international barter;
                      (B) organize and disseminate information
                    relating to international barter in a manner
                    useful to business firms, educational
                    institutions, export-related Federal, State,
                    and local government agencies, and other
                    interested persons, including publishing
                    periodic lists of known commercial
                    opportunities for barter transactions
                    beneficial to United States enterprises;
                      (C) notify Federal agencies with operations
                    abroad of instances where it would be
                    beneficial to the United States for the Federal
                    Government to barter Government-owned surplus
                    commodities for goods and services purchased
                    abroad by the Federal Government; and
                      (D) provide assistance to enterprises seeking
                    barter and countertrade opportunities.

    SEC. 2206. PROTECTION OF UNITED STATES INTELLECTUAL PROPERTY.

      It is the sense of the Congress that--
              (1) the Secretary of State should urge international
            technical organizations, such as the World Intellectual
            Property Organization, to provide expertise and
            cooperate fully in developing effective standards, in
            the General Agreement on Tariffs and Trade, for the
            international protection of intellectual property
            rights; and
              (2) development assistance programs administered by
            the Agency for International Development, especially
            the reimbursable development program, should, in
            cooperation with the Copyright Office and the Patent
            and Trademark Office, include technical training for
            officials responsible for the protection of patents,
            copyrights, trademarks, and mask works in those
            countries that receive such development assistance.

    SEC. 2207. REPORT ON WORKER RIGHTS.

      The Secretary of State shall conduct an in-depth study with a
    view to improving the breadth, content, and utility of the
    annual reports submitted to the Congress pursuant to section
    505(c) of the Trade Act of 1974 regarding the status of
    internationally recognized worker rights in foreign countries.
    Not later than 6 months after the date of the enactment of this
    Act, the Secretary shall submit a report to the Congress on the
    findings of such study and shall include in the report
    recommendations for upgrading the capacity of the United States
    Government to monitor and report on other countries' respect
    for such rights.

    SEC. 2208. JAPANESE IMPORTATION OF MANUFACTURED GOODS FROM LESS
                        DEVELOPED COUNTRIES.

      (a) Findings.--The Congress finds that--
              (1) Japan's merchandise trade surplus rose from
            $62,000,000,000 in fiscal year 1985 to $101,000,000,000
            in fiscal year 1986;
              (2) these surpluses pose a grave threat to the free
            trade system;
              (3) Japan's most important contribution to the
            international trading system would be to commit itself
            as a nation to import with vigor, just as it has
            exported with vigor in recent decades;
              (4) Japan should particularly increase its imports of
            manufactured goods; and
              (5) Japan's share of the exports of less developed
            countries has declined from 10.6 percent in 1979 to
            below 8 percent in 1985.
      (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) by taking its proportionate share of the
            manufactured exports of developing countries, Japan
            will promote not only its economic development but the
            economic conditions conducive to democracy;
              (2) expanding markets for the manufactured exports of
            less developed countries will directly benefit the
            United States, and, if less developed countries are
            able to increase exports to Japan, these countries will
            be able to earn more of the hard currency needed to
            service their foreign debt obligations and make the
            investments necessary to chart a course of solid
            economic growth; and
              (3) if less developed countries are able to export
            manufactured goods to Japan, they will be under less
            pressure to divert exports to the United States market.

    SEC. 2209. JAPAN AND THE ARAB BOYCOTT OF ISRAEL.

      It is the sense of the Congress that the United States should
    encourage the Government of Japan in its efforts to expand
    trade relations with Israel and to end compliance by Japanese
    commercial enterprises with the Arab economic boycott of
    Israel.

    SEC. 2210. FACILITATION OF JEWELRY TRADE.

      It is the sense of the Congress that the United States should
    become a party to the Convention on the Control and Marking of
    Articles of Precious Metals in order to facilitate the efforts
    of the United States jewelry industry in penetrating foreign
    markets.

                       part ii--assistance to poland \14\

              * * * * * * *
    ---------------------------------------------------------------------------
        \14\ Part II, cited as the ``American Aid to Poland Act of 1988'',
    can be found in Legislation on Foreign Relations Through 2005, vol. I-
    B.
    ---------------------------------------------------------------------------

                          Subtitle C--Export Promotion

    SEC. 2301.\15\ UNITED STATES AND FOREIGN COMMERCIAL SERVICE.

      (a) Establishment.--
    ---------------------------------------------------------------------------
        \15\ 15 U.S.C. 4721.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary of Commerce shall
            establish, within the International Trade
            Administration, the United States and Foreign
            Commercial Service. The Secretary shall, to the
            greatest extent practicable, transfer to the Commercial
            Service the functions and personnel of the United
            States and Foreign Commercial Services.
              (2) Assistant secretary of commerce and director
            general; other personnel.--The head of the Commercial
            Service shall be the Assistant Secretary of Commerce
            and Director General of the Commercial Service, who
            shall be appointed by the President, by and with the
            advice and consent of the Senate. The Assistant
            Secretary of Commerce and Director General of the
            Commercial Service may appoint Commercial Service
            Officers and such other personnel as may be necessary
            to carry out the activities of the Commercial Service.
              (3) Coordination with foreign policy objectives.--The
            Secretary shall take the necessary steps to ensure that
            the activities of the Commercial Service are carried
            out in a manner consistent with United States foreign
            policy objectives, and the Secretary shall consult
            regularly with the Secretary of State in order to
            comply with this paragraph.
              (4) Authority of chief of mission.--All activities of
            the Commercial Service shall be subject to section 207
            of the Foreign Service Act of 1980 (22 U.S.C. 3927).
      (b) Statement of Purpose.--The Commercial Service shall place
    primary emphasis on the promotion of exports of goods and
    services from the United States, particularly by small
    businesses and medium-sized businesses, and on the protection
    of United States business interests abroad by carrying out
    activities such as--
              (1) identifying United States businesses with the
            potential to export goods and services and providing
            such businesses with advice and information on
            establishing export businesses;
              (2) providing United States exporters with
            information on economic conditions, market
            opportunities, the status of the intellectual property
            system in such country, and the legal and regulatory
            environment within foreign countries;
              (3) providing United States exporters with
            information and advice on the necessary adaptation of
            product design and marketing strategy to meet the
            differing cultural and technical requirements of
            foreign countries;
              (4) providing United States exporters with actual
            leads and an introduction to contacts within foreign
            countries;
              (5) assisting United States exporters in locating
            reliable sources of business services in foreign
            countries;
              (6) assisting United States exporters in their
            dealings with foreign governments and enterprises owned
            by foreign governments; \16\
    ---------------------------------------------------------------------------
        \16\ Sec. 202 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2201) struck out ``and'' at the end of para. (6);
    struck out a period at the end of para. (7) and inserted in lieu
    thereof a semicolon; and added para. (8).
    ---------------------------------------------------------------------------
              (7) assisting the coordination of the efforts of
            State and local agencies and private organizations
            which seek to promote United States business interests
            abroad so as to maximize their effectiveness and
            minimize the duplication of efforts; \16\
              (8) \16\ utilizing district and foreign offices as
            one-stop shops for United States exporters by providing
            exporters with information on all export promotion and
            export finance activities of the Federal Government,
            assisting exporters in identifying which Federal
            programs may be of greatest assistance, and assisting
            exporters in making contact with the Federal programs
            identified; and
              (9) \17\ providing United States exporters and export
            finance institutions with information on all financing
            and insurance programs of the Export-Import Bank of the
            United States, the Overseas Private Investment
            Corporation, the Trade and Development Program,\11\ and
            the Small Business Administration, including providing
            assistance in completing applications for such programs
            and working with exporters and export finance
            institutions to address any deficiencies in such
            applications that have been submitted.
    ---------------------------------------------------------------------------
        \17\ Sec. 203(a) of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2201) added para. (9).
    ---------------------------------------------------------------------------
      (c) Offices.--
              (1) In general.--The Commercial Service shall conduct
            its activities at a headquarters office, district
            offices located in major United States cities, and
            foreign offices located in major foreign cities.
              (2) Headquarters.--The headquarters of the Commercial
            Service shall provide such managerial, administrative,
            research, and other services as the Secretary considers
            necessary to carry out the purposes of the Commercial
            Service.
              (3) District offices.--The Secretary shall establish
            district offices of the Commercial Service in any
            United States city in a region in which the Secretary
            determines that there is a need for Federal Government
            export assistance.
              (4) Foreign offices.--(A) The Secretary may, after
            consultation with the Secretary of State, establish
            foreign offices of the Commercial Service. These
            offices shall be located in foreign cities in regions
            in which the Secretary determines there are significant
            business opportunities for United States exporters.
              (B) The Secretary may, in consultation with the
            Secretary of State, assign to the foreign offices
            Commercial Service Officers and such other personnel as
            the Secretary considers necessary. In employing
            Commercial Service Officers and such other personnel,
            the Secretary shall use the Foreign Service personnel
            system in accordance with the Foreign Service Act of
            1980. The Secretary shall designate a Commercial
            Officer as head of each foreign office.
              (C) Upon the request of the Secretary, the Secretary
            of State shall attach the Commercial Service Officers
            and other employees of each foreign office to the
            diplomatic mission of the United States in the country
            in which that foreign office is located, and shall
            obtain for them diplomatic privileges and immunities
            equivalent to those enjoyed by Foreign Service
            personnel of comparable rank and salary.
              (D) For purposes of official representation, the
            senior Commercial Service Officer in each country shall
            be considered to be the senior commercial
            representative of the United States in that country,
            and the United States chief of mission in that country
            shall accord that officer all privileges and
            responsibilities appropriate to the position of senior
            commercial representative of other countries.
              (E) The Secretary of State is authorized, upon the
            request of the Secretary, to provide office space,
            equipment, facilities, and such other administrative
            and clerical services as may be required for the
            operation of the foreign offices. The Secretary is
            authorized to reimburse or advance funds to the
            Secretary of State for such services.
              (F) The authority of the Secretary under this
            paragraph shall be subject to section 103 of the
            Diplomatic Security Act (22 U.S.C. 4802).
      (d) Rank of Commercial Service Officers in Foreign
    Missions.--
              (1) Minister-counselor.--Notwithstanding any other
            provision of law, the Secretary is authorized to
            designate up to 16 \18\ United States missions abroad
            at which the senior Commercial Service Officer will be
            able to use the diplomatic title of Minister-Counselor.
            The Secretary of State shall accord the diplomatic
            title of Minister-Counselor to the senior Commercial
            Service Officer assigned to a United States mission so
            designated.
    ---------------------------------------------------------------------------
        \18\ Sec. 205 of the Export Enhancement Act of 1992 (Public Law
    102-429; 106 Stat. 2204) struck out ``8'' and inserted in lieu thereof
    ``16''.
    ---------------------------------------------------------------------------
              (2) Consul general.--In any United States consulate
            in which a vacancy occurs in the position of Consul
            General, the Secretary of State, in consultation with
            the Secretary, shall consider filling that vacancy with
            a Commercial Service Officer if the primary functions
            of the consulate are of a commercial nature and if
            there are significant business opportunities for United
            States exporters in the region in which the consulate
            is located.
      (e) Information Dissemination.--In order to carry out
    subsection (b)(7), to lessen the cost of distribution of
    information produced by the Commercial Service, and to make
    that information more readily available, the Secretary should
    establish a system for distributing that information in those
    areas where no district offices of the Commercial Service are
    located. Distributors of the information should be State export
    promotion agencies or private export and trade promotion
    associations. The distribution system should be consistent with
    cost recovery objectives of the Department of Commerce.
        (f) \19\ Cooperation in Federal Financing and Insurance
    Programs.--To assist the Commercial Service in carrying out
    subsection (b)(9), and consistent with the provisions of
    section 13 of the Export-Import Bank Act of 1945, the Export-
    Import Bank of the United States, the Overseas Private
    Investment Corporation, the Trade and Development Program,\11\
    and the Small Business Administration shall each--
    ---------------------------------------------------------------------------
        \19\ Sec. 203(b)(1) of the Export Enhancement Act of 1992 (Public
    Law 102-429; 106 Stat. 2201) redesignated subsecs. (f) through (i) as
    subsecs. (g) through (j), and sec. 203(b)(2) of that Act added a new
    subsec. (f).
    ---------------------------------------------------------------------------
              (1) provide to the Commercial Service complete and
            current information on all of its programs and
            financing practices; and
              (2) undertake a training program regarding such
            programs and practices for Commercial Service Officers
            who are designated by the Assistant Secretary of
            Commerce and Director General of the Commercial
            Service.
      (g) \19\ Audits.--The Inspector General of the Department of
    Commerce shall perform periodic audits of the operations of the
    Commercial Service, but at least once every 3 years. The
    Inspector General shall report to the Congress the results of
    each such audit. In addition to an overview of the activities
    and effectiveness of Commercial Service operations, the audit
    shall include--
              (1) an evaluation of the current placement of
            domestic personnel and recommendations for transferring
            personnel among district offices;
              (2) an evaluation of the current placement of
            foreign-based personnel and recommendations for
            transferring such personnel in response to newly
            emerging business opportunities for United States
            exporters; and
              (3) an evaluation of the personnel system and its
            management, including the recruitment, assignment,
            promotion, and performance appraisal of personnel, the
            use of limited appointees, and the ``time-in-class''
            system.
      (h) \19\ Report by the Secretary.--Not later than 1 year
    after the date of the enactment of this Act, the Secretary
    shall submit a report to the Congress on the feasibility and
    desirability, the progress to date, the present status, and the
    5-year outlook, of the comprehensive integration of the
    functions and personnel of the foreign and domestic export
    promotion operations within the International Trade
    Administration of the Department of Commerce.
      (i) \19\ Pay of Assistant Secretary and Director General.--
    Section 5315 of title 5, United States Code, is amended by
    adding at the end the following:
              ``Assistant Secretary of Commerce and Director
            General of the United States and Foreign Commercial
            Service.''.
      (j) \19\ Definitions.--For purposes of this section--
              (1) the term ``Secretary'' means the Secretary of
            Commerce;
              (2) the term ``Commercial Service'' means the United
            States and Foreign Commercial Service;
              (3) the term ``United States exporter'' means--
                      (A) a United States citizen;
                      (B) a corporation, partnership, or other
                    association created under the laws of the
                    United States or of any State; or
                      (C) a foreign corporation, partnership, or
                    other association, more than 95 percent of
                    which is owned by persons described in
                    subparagraphs (A) and (B),
            that exports, or seeks to export, goods or services
            produced in the United States;
              (4) the term ``small business'' means any small
            business concern as defined under section 3 of the
            Small Business Act (15 U.S.C. 632);
              (5) the term ``State'' means any of the several
            States, the District of Columbia, or any commonwealth,
            territory, or possession of the United States; and
              (6) the term ``United States'' means the several
            States, the District of Columbia, and any commonwealth,
            territory, or possession of the United States.

    SEC. 2302.\20\ COMMERCIAL SERVICE OFFICERS AND MULTILATERAL DEVELOPMENT
                        BANK PROCUREMENT. * * * [TRANSFERRED--1989]
    ---------------------------------------------------------------------------

        \20\ Sec. 541(b)(1) of the International Development and Finance
    Act of 1989 (Public Law 101-240; 103 Stat. 2517) transferred sec. 2302
    (15 U.S.C. 4722) to the International Financial Institutions Act,
    redesignated as sec. 1803 and recodified at 22 U.S.C. 262s-2.
    ---------------------------------------------------------------------------

    SEC. 2303.\21\ MARKET DEVELOPMENT COOPERATOR PROGRAM.

      (a) Authority of Secretary of Commerce.--In order to promote
    further the exportation of goods and services from the United
    States, the Secretary of Commerce is authorized to establish,
    in the International Trade Administration of the Department of
    Commerce, a Market Development Cooperator Program. The purpose
    of the program is to develop, maintain, and expand foreign
    markets for nonagricultural goods and services produced in the
    United States.
    ---------------------------------------------------------------------------
        \21\ 15 U.S.C. 4723. See also United States Commercial Centers,
    sec. 401 of the Jobs Through Exports Act of 1992 (Public Law 102-549;
    106 Stat. 3661).
    ---------------------------------------------------------------------------
      (b) Implementation of the Program.--The Secretary of Commerce
    shall carry out the Market Development Cooperator Program by
    entering into contracts with--
              (1) nonprofit industry organizations,
              (2) trade associations,
              (3) State departments of trade and their regional
            associations, including centers for international trade
            development, and
              (4) private industry firms or groups of firms in
            cases where no entity described in paragraph (1), (2),
            or (3) represents that industry,
    (in this section referred to as ``cooperators'') to engage in
    activities in order to carry out the purpose of the Market
    Development Cooperator Program set forth in subsection (a). The
    costs of activities under such a contract shall be shared
    equitably among the Department of Commerce, the cooperator
    involved, and, whenever appropriate, foreign businesses. The
    Department of Commerce shall undertake to support direct costs
    of activities under such a contract, and the cooperator shall
    undertake to support indirect costs of such activities.
    Activities under such a contract shall be carried out by the
    cooperator with the approval and assistance of the Secretary.
      (c) Cooperator Partnership Program.--
              (1) In general.--(A) As part of the Market
            Development Cooperator Program established under
            subsection (a), the Secretary of Commerce shall
            establish a partnership program with cooperators under
            which a cooperator may detail individuals, subject to
            the approval of the Secretary, to the United States and
            Foreign Commercial Service for a period of not less
            than 1 year or more than 2 years to supplement the
            Commercial Service.
              (B) Any individual detailed to the United States and
            Foreign Commercial Service under this subsection shall
            be responsible for such duties as the Secretary may
            prescribe in order to carry out the purpose of the
            Market Development Cooperator Program set forth in
            subsection (a).
              (C) Individuals detailed to the United States and
            Foreign Commercial Service under this subsection shall
            not be considered to be employees of the United States
            for the purposes of any law administered by the Office
            of Personnel Management, except that the Secretary of
            State may determine the applicability to such
            individuals of section 2(f) of the State Department
            Basic Authorities Act of 1956 (22 U.S.C. 2669(f)) and
            of any other law administered by the Secretary of State
            concerning the detail of such individuals abroad.
              (2) Qualifications of participants.--In order to
            qualify for the program established under this
            subsection, individuals shall have demonstrated
            expertise in the international business arena in at
            least 2 of the following areas: marketing, market
            research, and computer data bases.
              (3) Expenses of the program.--(A) The cooperator who
            details an individual to the United States and Foreign
            Commercial Service under this subsection shall be
            responsible for that individual's salary and related
            expenses, including health care, life insurance, and
            other noncash benefits, if any, normally paid by such
            cooperator.
              (B) The Secretary of Commerce shall pay
            transportation and housing costs for each individual
            participating in the program established under this
            subsection.
      (d) Budget Act.--Contracts may be entered into under this
    section in a fiscal year only to such extent or in such amounts
    as are provided in appropriations Acts.

    SEC. 2304.\22\ TRADE SHOWS.

      (a) Authority of the Secretary of Commerce.--In order to
    facilitate exporting by United States businesses, the Secretary
    of Commerce shall provide assistance for trade shows in the
    United States which bring together representatives of United
    States businesses seeking to export goods or services produced
    in the United States and representatives of foreign companies
    or governments seeking to buy such goods or services from these
    United States businesses.
    ---------------------------------------------------------------------------
        \22\ 15 U.S.C. 4724.
    ---------------------------------------------------------------------------
      (b) Recipients of Assistance.--Assistance under subsection
    (a) may be provided to--
              (1) nonprofit industry organizations,
              (2) trade associations,
              (3) foreign trade zones, and
              (4) private industry firms or groups of firms in
            cases where no entity described in paragraph (1), (2),
            or (3) represents that industry,
    to provide the services necessary to operate trade shows
    described in subsection (a).
      (c) Assistance to Small Businesses.--In providing assistance
    under this section, the Secretary of Commerce shall, in
    consultation with the Administrator of the Small Business
    Administration, make special efforts to facilitate
    participation by small businesses and companies new to export.
      (d) Uses of Assistance.--Funds appropriated to carry out this
    section shall be used to--
              (1) identify potential participants for trade show
            organizers,
              (2) provide information on trade shows to potential
            participants,
              (3) supply language services for participants, and
              (4) provide information on trade shows to small
            businesses and companies new to export.
      (e) Definitions.--As used in this section--
              (1) the term ``United States business'' means--
                      (A) a United States citizen;
                      (B) a corporation, partnership, or other
                    association created under the laws of the
                    United States or of any State (including the
                    District of Columbia or any commonwealth,
                    territory, or possession of the United States);
                    or
                      (C) a foreign corporation, partnership, or
                    other association, more than 95 percent of
                    which is owned by persons described in
                    subparagraphs (A) and (B); and
              (2) the term ``small business'' means any small
            business concern as defined under section 3 of the
            Small Business Act (15 U.S.C. 632).

    SEC. 2305. AUTHORIZATION OF APPROPRIATIONS FOR EXPORT PROMOTION
                        PROGRAMS.

      (a) * * *
      (b) Authorization of Appropriations.--(1) * * *
      (2) In addition to funds otherwise available, there are
    authorized to be appropriated to the Department of Commerce to
    carry out sections 2303 and 2304 of this Act $6,000,000 for
    each of the fiscal years 1988, 1989, and 1990.

    SEC. 2306.\23\ UNITED STATES AND FOREIGN COMMERCIAL SERVICE PACIFIC RIM
                        INITIATIVE.

      (a) In General.--In order to encourage the export of United
    States goods and services to Japan, South Korea, and Taiwan,
    the United States and Foreign Commercial Service shall make a
    special effort to--
    ---------------------------------------------------------------------------
        \23\ 15 U.S.C. 4725.
    ---------------------------------------------------------------------------
              (1) identify United States goods and services which
            are not being exported to the markets of Japan, South
            Korea, and Taiwan but which could be exported to these
            markets under competitive market conditions;
              (2) identify and notify United States persons who
            sell or provide such goods or services of potential
            opportunities identified under paragraph (1);
              (3) present, periodically, a list of the goods and
            services identified under paragraph (1), together with
            a list of any impediments to the export of such goods
            and services, to appropriate authorities in Japan,
            South Korea, and Taiwan, with a view toward
            liberalizing markets to such goods and services;
              (4) facilitate the entrance into such markets by
            United States persons identified and notified under
            paragraph (2); and
              (5) monitor and evaluate the results of efforts to
            increase the sale of goods and services in such
            markets.
      (b) Reports to the Congress.--The Secretary of Commerce shall
    report periodically to the Congress on activities carried out
    under subsection (a).
      (c) Definition.--As used in this section, the term ``United
    States person'' means--
              (1) a United States citizen; or
              (2) a corporation, partnership, or other association
            created under the laws of the United States or any
            State (including the District of Columbia or any
            commonwealth, territory, or possession of the United
            States).

    SEC. 2307.\24\ INDIAN TRIBES EXPORT PROMOTION.

      (a) Assistance Authorized.--The Secretary of Commerce is
    authorized to provide assistance to eligible entities for the
    development of foreign markets for authentic American Indian
    arts and crafts. Eligible entities under this section include
    Indian tribes, tribal organizations, tribal enterprises, craft
    guilds, marketing cooperatives, and individual Indian-owned
    businesses.
    ---------------------------------------------------------------------------
        \24\ 15 U.S.C. 4726.
    ---------------------------------------------------------------------------
      (b) Activities Eligible for Assistance.--Activities eligible
    for assistance under this section include, but are not limited
    to, conduct of market surveys, development of promotional
    materials, financing of trade missions, participation in
    international trade fairs, direct marketing, and other market
    development activities.
      (c) Administration of Assistance.--Assistance under this
    section shall be administered by the Secretary of Commerce
    under guidelines developed by the Secretary. Priority shall be
    given to projects which support the establishment of long term,
    stable international markets for American Indian arts and
    crafts and which are designed to provide the greatest economic
    benefit to American Indian artisans.
      (d) Technical and Other Assistance.--The Secretary of
    Commerce shall provide technical assistance and support
    services to applicants eligible for and entities receiving
    assistance under this section for the purpose of helping them
    in identifying and entering appropriate foreign markets,
    complying with foreign and domestic legal and banking
    requirements regarding the export and import of arts and
    crafts, and utilizing import and export financial arrangements,
    and shall provide such other assistance as may be necessary to
    support the development of export markets for American Indian
    arts and crafts.
      (e) Limitation on Assistance.--No assistance shall be
    provided under this section in support of any activity which
    includes the sale or marketing of any craft items other than
    authentic arts and crafts hand made or hand crafted by American
    Indian artisans.
              * * * * * * *

    SEC. 2311.\25\ REPORT ON EXPORT TRADING COMPANIES.

      Not later than 18 months after the date of the enactment of
    this Act, the Secretary of Commerce shall submit a report to
    the Committee on Banking, Housing, and Urban Affairs of the
    Senate, and to the Committee on Banking, Finance and Urban
    Affairs, the Committee on Foreign Affairs, and the Committee on
    the Judiciary of the House of Representatives,\26\ on the
    activities of the Department of Commerce to promote and
    encourage the formation of new and the operation of existing
    and new export promotion intermediaries, including export
    management companies, export trade associations, bank export
    trading companies, and export trading companies. The report
    shall include a survey of the activities of export management
    companies, export trade associations, and those bank export
    trading companies and export trading companies established
    pursuant to the amendments made by title II of the Export
    Trading Company Act of 1982, and pursuant to title III of that
    Act. The report shall not contain any information subject to
    the protections from disclosure provided in that Act.
    ---------------------------------------------------------------------------
        \25\ 15 U.S.C. 4011 note.
        \26\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives. Sec. 1(a)(5) of that Act further provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations.
    ---------------------------------------------------------------------------

    SEC. 2312.\27\ TRADE PROMOTION COORDINATING COMMITTEE.

        (a) Establishment and Purpose.--The President shall
    establish the Trade Promotion Coordinating Committee (hereafter
    in this section referred to as the ``TPCC''). The purpose of
    the TPCC shall be--
    ---------------------------------------------------------------------------
        \27\ 15 U.S.C. 4727. Sec. 201 of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2199) added sec. 2312. Sec. 6 of Public
    Law 106-158 (15 U.S.C. 4727a) added additional TPCC implementation
    requirements. See page 1269, this volume, for the text of sec. 6.
    ---------------------------------------------------------------------------
              (1) to provide a unifying framework to coordinate the
            export promotion and export financing activities of the
            United States Government; and
              (2) to develop a governmentwide strategic plan for
            carrying out Federal export promotion and export
            financing programs.
        (b) Duties.--The TPCC shall--
              (1) coordinate the development of the trade promotion
            policies and programs of the United States Government;
              (2) provide a central source of information for the
            business community on Federal export promotion and
            export financing programs;
              (3) coordinate official trade promotion efforts to
            ensure better delivery of services to United States
            businesses, including--
                      (A) information and counseling on United
                    States export promotion and export financing
                    programs and opportunities in foreign markets;
                      (B) representation of United States business
                    interests abroad; and
                      (C) assistance with foreign business contacts
                    and projects;
              (4) prevent unnecessary duplication in Federal export
            promotion and export financing activities;
              (5) assess the appropriate levels and allocation of
            resources among agencies in support of export promotion
            and export financing and provide recommendations to the
            President based on its assessment; and
              (6) carry out such other duties as are deemed to be
            appropriate, consistent with the purpose of the TPCC.
        (c) Strategic Plan.--To carry out subsection (b), the TPCC
    shall develop and implement a governmentwide strategic plan for
    Federal trade promotion efforts. Such plan shall--
              (1) establish a set of priorities for Federal
            activities in support of United States exports and
            explain the rationale for the priorities;
              (2) review current Federal programs designed to
            promote the sale of United States exports in light of
            the priorities established under paragraph (1) and
            develop a plan to bring such activities into line with
            the priorities and to improve coordination of such
            activities;
              (3) identify areas of overlap and duplication among
            Federal export promotion activities and propose means
            of eliminating them;
              (4) propose to the President an annual unified
            Federal trade promotion budget that supports the plan
            for priority activities and improved coordination
            established under paragraph (2) and eliminates funding
            for the areas of overlap and duplication identified
            under paragraph (3); \28\
    ---------------------------------------------------------------------------
        \28\ Sec. 8 of Public Law 104-288 (110 Stat. 3407) struck out
    ``and'' at the end of para. (4), struck out the period at the end of
    para. (5) and inserted in lieu thereof ``; and'', and added a new para.
    (6).
    ---------------------------------------------------------------------------
              (5) review efforts by the States (as defined in
            section 2301(i)) to promote United States exports and
            propose means of developing cooperation between State
            and Federal efforts, including co-location, cost-
            sharing between Federal and State export promotion
            programs, and sharing of market research data; and \28\
              (6) \28\ reflect the recommendations of the United
            States National Tourism Organization to the degree
            considered appropriate by the TPCC.
        (d) Membership.--
              (1) In general.--Members of the TPCC shall include
            representatives from--
                      (A) the Department of Commerce;
                      (B) the Department of State;
                      (C) the Department of the Treasury;
                      (D) the Department of Agriculture;
                      (E) the Department of Energy;
                      (F) the Department of Transportation;
                      (G) the Office of the United States Trade
                    Representative;
                      (H) the Small Business Administration;
                      (I) the Agency for International Development;
                      (J) the Trade and Development Program;
                      (K) the Overseas Private Investment
                    Corporation;
                      (L) the Export-Import Bank of the United
                    States; and
                      (M) at the discretion of the President, such
                    other departments or agencies as may be
                    necessary.
              (2) Chairperson.--The Secretary of Commerce shall
            serve as the chairperson of the TPCC.
        (e) Member Qualifications.--Members of the TPCC shall be
    appointed by the heads of their respective departments or
    agencies. Such members, as well as alternates designated by any
    members unable to attend a meeting of the TPCC, shall be
    individuals who exercise significant decisionmaking authority
    in their respective departments or agencies.
        (f) \29\ Report to the Congress.--The chairperson of the
    TPCC shall prepare and submit to the Committee on Banking,
    Housing, and Urban Affairs of the Senate, and the Committee on
    International Relations of the House of Representatives, not
    later than March 30 of each year,\30\ a report describing--
    ---------------------------------------------------------------------------
        \29\ Sec. 1022(a) of Public Law 104-66 (109 Stat. 713) amended and
    restated subsec. (f), which formerly read as follows:
        ``(f) Report to the Congress.--The chairperson of the TPCC shall
    prepare and submit to the Committee on Banking, Housing, and Urban
    Affairs of the Senate, and the Committee on Foreign Affairs of the
    House of Representatives, not later than September 30, 1993, and
    annually thereafter, a report describing the strategic plan developed
    by the TPCC pursuant to subsection (c), the implementation of such
    plan, and any revisions thereto.''.
        \30\ Sec. 7 of the Export Enhancement Act of 1999 (Public Law 106-
    158; 113 Stat. 1745) struck out ``September 30, 1995, and annually
    thereafter,'' and inserted in lieu thereof ``March 30 of each year,''.
    ---------------------------------------------------------------------------
              (1) the strategic plan developed by the TPCC pursuant
            to subsection (c), the implementation of such plan, and
            any revisions thereto; and
              (2) the implementation of sections 303 and 304 of the
            Freedom for Russia and Emerging Democracies and Open
            Markets Support Act of 1992 (22 U.S.C. 5823 and 5824)
            concerning funding for export promotion activities and
            the interagency working groups on energy of the TPCC.

    SEC. 2313.\31\ ENVIRONMENTAL TRADE PROMOTION.

        (a) Statement of Policy.--It is the policy of the United
    States to foster the export of United States environmental
    technologies, goods, and services. In exercising their powers
    and functions, all appropriate departments and agencies of the
    United States Government shall encourage and support sales of
    such technologies, goods, and services.
    ---------------------------------------------------------------------------
        \31\ 15 U.S.C. 4728. Sec. 204(a) of the Export Enhancement Act of
    1992 (Public Law 102-429; 106 Stat. 2202) added sec. 2313. Sec. 204(b)
    of that Act (15 U.S.C. 4728 note) provided the following:
        ``(b) Report on Insurance Feasibility.--Not later than 1 year after
    the date of enactment of this Act, the chairperson of the Trade
    Promotion Coordinating Committee, after consultation with the
    appropriate departments and agencies of the United States Government,
    shall submit a report to the Congress that analyzes--
    ---------------------------------------------------------------------------

      ``(1) the extent to which Federal investment insurance and export
    financing programs sufficiently protect against business failures or
    default on obligations arising from changes by a foreign government in its
    environmental laws or regulations; and

      ``(2) the advisability and feasibility of expanding the coverage of such
    programs, or creating new programs, to address such risks.''.

        (b) Environmental Trade Working Group of the Trade
    Promotion Coordination Committee.--
              (1) Establishment and purpose.--The President shall
            establish the Environmental Trade Promotion Working
            Group (hereafter in this section referred to as the
            ``Working Group'') as a subcommittee of the Trade
            Promotion Coordination Committee (hereafter in this
            section referred to as the ``TPCC''), established under
            section 2312. The purpose of the Working Group shall
            be--
                      (A) to address all issues with respect to the
                    export promotion and export financing of United
                    States environmental technologies, goods, and
                    services; and
                      (B) to develop a strategy for expanding
                    United States exports of environmental
                    technologies, goods, and services.
              (2) Membership.--The members of the Working Group
            shall be--
                      (A) representatives of the departments and
                    agencies that are represented on the TPCC, who
                    are designated by the head of their respective
                    departments or agencies to advise the head of
                    such department or agency on ways of promoting
                    the export of United States environmental
                    technologies, goods, and services; and
                      (B) a representative of the Environmental
                    Protection Agency.
              (3) Chairperson.--The Secretary of Commerce
            (hereafter in this section referred to as the
            ``Secretary'') shall designate the chairperson of the
            Working Group from among senior employees of the
            Department of Commerce. The chairperson shall--
                      (A) assess the effectiveness of United States
                    Government programs for the promotion of
                    exports of environmental technologies, goods,
                    and services;
                      (B) recommend improvements to such programs,
                    including regulatory changes or additional
                    authority that may be necessary to improve the
                    promotion of exports of environmental
                    technologies, goods, and services;
                      (C) ensure that the members of the Working
                    Group coordinate their environmental trade
                    promotion programs, including feasibility
                    studies, technical assistance, training
                    programs, business information services, and
                    export financing; and
                      (D) assess, jointly with the Working Group
                    representative of the Environmental Protection
                    Agency, the extent to which the environmental
                    trade promotion programs of the Working Group
                    advance the environmental goals established in
                    ``Agenda 21'' by the United Nations Conference
                    on Environment and Development held at Rio de
                    Janeiro, and in other international
                    environmental agreements.
              (4) Report to congress.--The chairperson of the TPCC
            shall include a report on the activities of the Working
            Group as a part of the annual report submitted to the
            Congress by the TPCC.
        (c) \32\ Environmental Technologies Trade Advisory
    Committee.--
    ---------------------------------------------------------------------------
        \32\ Sec. 402(a)(1) of the Environmental Export Promotion Act of
    1994 (title IV of Public Law 103-392; 108 Stat. 4099) struck out
    subsec. (d), which had provided for the designation of Foreign
    Commercial Service officers to serve as Environmental Export Assistance
    Officers abroad. That section further redesignated subsec. (c) of this
    section as subsec. (e), and added new subsecs. (c) and (d).
    ---------------------------------------------------------------------------
              (1) Establishment and purpose.--The Secretary, in
            carrying out the duties of the chairperson of the TPCC,
            shall establish the Environmental Technologies Trade
            Advisory Committee (hereafter in this section referred
            to as the ``Committee''). The purpose of the Committee
            shall be to provide advice and guidance to the Working
            Group in the development and administration of programs
            to expand United States exports of environmental
            technologies, goods, and services and products that
            comply with United States environmental, safety, and
            related requirements.
              (2) Membership.--The members of the Committee shall
            be drawn from representatives of--
                      (A) environmental businesses, including small
                    businesses;
                      (B) trade associations in the environmental
                    sector;
                      (C) private sector organizations involved in
                    the promotion of environmental exports,
                    including products that comply with United
                    States environmental, safety, and related
                    requirements;
                      (D) States (as defined in section 2301(i)(5))
                    and associations representing the States; and
                      (E) other appropriate interested members of
                    the public, including labor representatives.
            The Secretary shall appoint as members of the Committee
            at least 1 individual under each of subparagraphs (A)
            through (E).
        (d) \32\ Export Plans for Priority Countries.--
              (1) Priority country identification.--The Working
            Group, in consultation with the Committee, shall
            annually assess which foreign countries have markets
            with the greatest potential for the export of United
            States environmental technologies, goods, and services.
            Of these countries the Working Group shall select as
            priority countries 5 with the greatest potential for
            the application of United States Government export
            promotion resources related to environmental exports.
              (2) Export plans.--The Working Group, in consultation
            with the Committee, shall annually create a plan for
            each priority country selected under paragraph (1),
            setting forth in detail ways to increase United States
            environmental exports to such country. Each such plan
            shall--
                      (A) identify the primary public and private
                    sector opportunities for United States
                    exporters of environmental technologies, goods,
                    and services in the priority country;
                      (B) analyze the financing and other
                    requirements for major projects in the priority
                    country which will use environmental
                    technologies, goods, and services, and analyze
                    whether such projects are dependent upon
                    financial assistance from foreign countries or
                    multilateral institutions; and
                      (C) list specific actions to be taken by the
                    member agencies of the Working Group to
                    increase United States exports to the priority
                    country.
        (e) \32\ Trade Information.--In support of the work of the
    Working Group, the Secretary shall, as part of the regular
    market survey and information services activities of the
    Department of Commerce, make available--
              (1) information on existing and emerging markets and
            market trends for environmental technologies, goods,
            and services; and
              (2) a description of the export promotion programs
            for environmental technologies, goods, and services of
            the agencies that are represented on the Working Group.
        (f) \33\ Environmental Technologies Specialists in the
    United States and Foreign Commercial Service.--
    ---------------------------------------------------------------------------
        \33\ Sec. 402(b) of the Environmental Export Promotion Act of 1994
    (title IV of Public Law 103-392; 108 Stat. 4100) added subsecs. (f)
    through (k).
    ---------------------------------------------------------------------------
              (1) Assignment of environmental technologies
            specialists.--The Secretary shall assign a specialist
            in environmental technologies to the office of the
            United States and Foreign Commercial Service in each of
            the 5 priority countries selected under subsection
            (d)(1), and the Secretary is authorized to assign such
            a specialist to the office of the United States and
            Foreign Commercial Service in any country that is a
            promising market for United States exports of
            environmental technologies, goods, and services. Such
            specialist may be an employee of the Department, an
            employee of any relevant United States Government
            department or agency assigned on a temporary or limited
            term basis to the Commerce Department, or a
            representative of the private sector assigned to the
            Department of Commerce.
              (2) Duties of environmental technologies
            specialists.--Each specialist assigned under paragraph
            (1) shall provide export promotion assistance to United
            States environmental businesses, including, but not
            limited to--
                      (A) identifying factors in the country to
                    which the specialist is assigned that affect
                    the United States share of the domestic market
                    for environmental technologies, goods, and
                    services, including market barriers, standards-
                    setting activities, and financing issues;
                      (B) providing assessments of assistance by
                    foreign governments that is provided to
                    producers of environmental technologies, goods,
                    and services in such countries in order to
                    enhance exports to the country to which the
                    specialist is assigned, the effectiveness of
                    such assistance on the competitiveness of
                    United States products, and whether comparable
                    United States assistance exists;
                      (C) training Foreign Commercial Service
                    Officers in the country to which the specialist
                    is assigned, other countries in the region, and
                    United States and Foreign Commercial Service
                    offices in the United States, in environmental
                    technologies and the international
                    environmental market;
                      (D) providing assistance in identifying
                    potential customers and market opportunities in
                    the country to which the specialist is
                    assigned;
                      (E) providing assistance in obtaining
                    necessary business services in the country to
                    which the specialist is assigned;
                      (F) providing information on environmental
                    standards and regulations in the country to
                    which the specialist is assigned;
                      (G) providing information on all United
                    States Government programs that could assist
                    the promotion, financing, and sale of United
                    States environmental technologies, goods, and
                    services in the country to which the specialist
                    is assigned; and
                      (H) promoting the equal treatment of United
                    States environmental, safety, and related
                    requirements, with those of other exporting
                    countries, in order to promote exports of
                    United States-made products.
        (g) \33\ Environmental Training in One-Stop Shops.--In
    addition to the training provided under subsection (f)(2)(C),
    the Secretary shall establish a mechanism to train--
              (1) Commercial Service Officers assigned to the one-
            stop shops provided for in section 2301(b)(8), and
              (2) Commercial Service Officers assigned to district
            offices in districts having large numbers of
            environmental businesses, in environmental technologies
            and in the international environmental marketplace, and
            ensure that such officers receive appropriate training
            under such mechanism. Such training may be provided by
            officers or employees of the Department of Commerce,
            and other United States Government departments and
            agencies, with appropriate expertise in environmental
            technologies and the international environmental
            workplace, and by appropriate representatives of the
            private sector.
        (h) \33\ International Regional Environmental
    Initiatives.--
              (1) Establishment of initiatives.--The TPCC may
            establish one or more international regional
            environmental initiatives the purpose of which shall be
            to coordinate the activities of Federal departments and
            agencies in order to build environmental partnerships
            between the United States and the geographic region
            outside the United States for which such initiative is
            established. Such partnerships shall enhance
            environmental protection and promote sustainable
            development by using in the region technical expertise
            and financial resources of United States departments
            and agencies that provide foreign assistance and by
            expanding United States exports of environmental
            technologies, goods, and services to that region.
              (2) Activities.--In carrying out each international
            regional environmental initiative, the TPCC shall--
                      (A) support, through the provision of foreign
                    assistance, the development of sound
                    environmental policies and practices in
                    countries in the geographic region for which
                    the initiative is established, including the
                    development of environmentally sound regulatory
                    regimes and enforcement mechanisms;
                      (B) identify and disseminate to United States
                    environmental businesses information regarding
                    specific environmental business opportunities
                    in that geographic region;
                      (C) coordinate existing Federal efforts to
                    promote environmental exports to that
                    geographic region, and ensure that such efforts
                    are fully coordinated with environmental export
                    promotion efforts undertaken by the States and
                    the private sector;
                      (D) increase assistance provided by the
                    Federal Government to promote exports from the
                    United States of environmental technologies,
                    goods, and services to that geographic region,
                    such as trade missions, reverse trade missions,
                    trade fairs, and programs in the United States
                    to train foreign nationals in United States
                    environmental technologies; and
                      (E) increase high-level advocacy by United
                    States Government officials (including the
                    United States ambassadors to the countries in
                    that geographic region) for United States
                    environmental businesses seeking market
                    opportunities in that geographic region.
        (i) \33\ Environmental Technologies Project Advocacy
    Calendar and Information Dissemination Program.--The Working
    Group shall--
              (1) maintain a calendar, updated at the end of each
            calendar quarter, of significant opportunities for
            United States environmental businesses in foreign
            markets and trade promotion events, which shall--
                      (A) be made available to the public;
                      (B) identify the 50 to 100 environmental
                    infrastructure and procurement projects in
                    foreign markets that have the greatest
                    potential in the calendar quarter for United
                    States exports of environmental technologies,
                    goods, and services; and
                      (C) include trade promotion events, such as
                    trade missions and trade fairs, in the
                    environmental sector; and
              (2) provide, through the National Trade Data Bank and
            other information dissemination channels, information
            on opportunities for environmental businesses in
            foreign markets and information on Federal export
            promotion programs.
        (j) \33\ Environmental Technology Export Alliances.--
    Subject to the availability of appropriations for such purpose,
    the Secretary is authorized to use the Market Development
    Cooperator Program to support the creation on a regional basis
    of alliances of private sector entities, nonprofit
    organizations, and universities, that support the export of
    environmental technologies, goods, and services and promote the
    export of products complying with United States environmental,
    safety, and related requirements.
        (k) \33\ Definition.--For purposes of this section, the
    term ``environmental business'' means a business that produces
    environmental technologies, goods, or services.

    SEC. 2314.\34\ REPORT ON EXPORT POLICY.

        (a) In General.--Not later than May 31 of each year, the
    Secretary of Commerce shall submit to the Congress a report on
    the international economic position of the United States and,
    not later than June 30 of each year, shall appear before the
    Committee on Banking, Housing, and Urban Affairs of the Senate
    and the Committee on Foreign Affairs \35\ of the House of
    Representatives to testify on issues addressed in that report.
    ---------------------------------------------------------------------------
        \34\ 15 U.S.C. 4729. Sec. 206 of the Export Enhancement Act of 1992
    (Public Law 102-429; 106 Stat. 2204) added sec. 2314.
        \35\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (b) Contents.--
              (1) In general.--Each report required under
            subsection (a) shall address--
                      (A) the state of United States international
                    economic competitiveness, focusing, in
                    particular, on the efforts of the Department of
                    Commerce--
                              (i) to encourage research and
                            development of technologies and
                            products deemed critical for industrial
                            leadership;
                              (ii) to promote investment in and
                            improved manufacturing processes for
                            such technologies and products; and
                              (iii) to increase United States
                            industrial exports of products using
                            the technologies described in clause
                            (i) to those markets where the United
                            States Government has sought to reduce
                            barriers to exports;
                      (B) the report on the Trade Promotion
                    Coordinating Committee strategic plan submitted
                    to the Congress in accordance with section
                    2312(f);
                      (C) other specific recommendations of the
                    Department of Commerce to improve the United
                    States balance of trade;
                      (D) the effects on the international economic
                    competitiveness of the United States of--
                              (i) formal and informal trade
                            barriers; and
                              (ii) subsidies by foreign countries
                            to their domestic industries;
                      (E) the efforts of the Department of Commerce
                    to reduce trade barriers; \36\
    ---------------------------------------------------------------------------
        \36\ Sec. 1022(b) of Public Law 104-66 (109 Stat. 713) struck out
    ``; and'' at the end of subpara. (E), struck out the period at the end
    of subpara. (F) and inserted in lieu thereof a semicolon, and added new
    subparas. (G) through (J).
    ---------------------------------------------------------------------------
                      (F) the adequacy of export financing programs
                    of the United States Government and
                    recommendations for improving such programs;
                    \36\
                      (G) \36\ the status, activities, and
                    effectiveness of the United States commercial
                    centers established under section 401 of the
                    Jobs Through Exports Act of 1992 (15 U.S.C.
                    4723a);
                      (H) \36\ the implementation of sections 301
                    and 302 of the Freedom for Russia and Emerging
                    Democracies and Open Markets Support Act of
                    1992 (22 U.S.C. 5821 and 5822) concerning
                    American Business Centers and the Independent
                    States Business and Agriculture Advisory
                    Council;
                      (I) \36\ the programs of other industrialized
                    nations to assist their companies with their
                    efforts to transact business in the independent
                    states of the former Soviet Union; and
                      (J) \36\ the trading practices of other
                    Organization for Economic Cooperation and
                    Development nations, as well as the pricing
                    practices of transitional economies in the
                    independent states, that may disadvantage
                    United States companies.
              (2) Policy basis for reports.--Portions of each
            report under this section may incorporate or be based
            upon relevant reports and testimony produced by the
            Department of Commerce or other agencies, but the
            policy views shall be those of the Secretary of
            Commerce.

                          Subtitle D--Export Controls

                       part i--export controls generally

              * * * * * * *

    SEC. 2424. EXPORTS OF DOMESTICALLY PRODUCED CRUDE OIL.

      (a) * * *
      (b) \37\ Crude Oil Study.--
    ---------------------------------------------------------------------------
        \37\ 50 U.S.C. app. 2406 note.
    ---------------------------------------------------------------------------
              (1) Review of export restrictions on crude oil.--The
            Secretary of Commerce, in consultation with the
            Secretary of Energy, shall undertake a comprehensive
            review to assess whether existing statutory
            restrictions on the export of crude oil produced in the
            contiguous United States are adequate to protect the
            energy and national security interests of the United
            States and American consumers. Taking into account
            exports licensed since 1983 and potential exports of
            heavy crude oil produced in California, the review
            shall assess the effect of increased exports of crude
            oil produced in the contiguous United States on--
                      (A) the adequacy of domestic supplies of
                    crude oil and refined petroleum products in
                    meeting United States energy and national
                    security needs;
                      (B) the quantity, quality, and retail price
                    of petroleum products available to consumers in
                    the United States generally and on the West
                    Coast in particular;
                      (C) the overall trade deficit of the United
                    States;
                      (D) acquisition costs of crude oil by
                    domestic petroleum refiners;
                      (E) the financial viability of sectors of the
                    domestic petroleum industry (including
                    independent refiners, distributors, marketers,
                    and pipeline carriers); and
                      (F) the United States tanker fleet (and the
                    industries that support it), with particular
                    emphasis on the availability of militarily
                    useful tankers to meet anticipated national
                    defense requirements.
              (2) Public hearing and comment.--The Secretary of
            Commerce shall provide notice and a reasonable
            opportunity for public hearing and comment on the
            review conducted pursuant to this subsection.
              (3) Consultations with other agencies.--The Secretary
            of Commerce shall consult with the Secretary of
            Defense, the Secretary of the Interior, and the
            Secretary of Transportation, in addition to the
            Secretary of Energy, in undertaking the review pursuant
            to this subsection.
              (4) Findings, options, and recommendations.--After
            taking public comment and consulting with appropriate
            State and Federal officials, the Secretary of Commerce,
            in consultation with the Secretary of Energy, shall
            develop findings, options, and recommendations
            regarding the adequacy of existing statutory
            restrictions on the export of crude oil produced in the
            contiguous United States in protecting the energy and
            national security interests of the United States and
            American consumers.
              (5) Consultations and report.--In carrying out this
            subsection, the Secretary of Commerce shall consult
            with the Committee on Foreign Affairs and the Committee
            on Energy and Commerce of the House of Representatives
            \38\ and the Committee on Banking, Housing, and Urban
            Affairs, the Committee on Commerce, Science, and
            Transportation, and the Committee on Energy and Natural
            Resources of the Senate. Not later than 12 months after
            the date of the enactment of this Act, the Secretary
            shall transmit to each of those committees a report
            which contains the results of the review undertaken
            pursuant to this subsection and the findings, options,
            and recommendations developed under paragraph (4).
    ---------------------------------------------------------------------------
        \38\ Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Energy and Commerce of the House of
    Representatives shall be treated as referring to the Committee on
    Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110
    Stat. 187) further provided that any reference in any provision of law
    enacted before January 4, 1995 to the House Committee on Energy and
    Commerce shall be treated as referring to (1) the Committee on
    Agriculture in the case of a provision relating to inspection of
    seafood or seafood products; (2) the Committee on Banking and Financial
    Services in the case of a provision relating to bank capital markets
    activities or depository institution securities; or (3) the Committee
    on Transportation and Infrastructure in the case of a provision
    relating to railroads and railway labor issues. Sec. 1(a)(5) of that
    Act further provided that references to the Committee on Foreign
    Affairs of the House of Representatives shall be treated as referring
    to the Committee on International Relations of the House of
    Representatives.
    ---------------------------------------------------------------------------

    SEC. 2425. PROCEDURES FOR LICENSE APPLICATIONS.

        (a) * * *
        (b) Report by Secretaries of Commerce and Defense.--The
    Secretary of Commerce and the Secretary of Defense shall each
    evaluate and, not later than 4 months after the date of the
    enactment of this Act, shall jointly prepare and submit a
    report to the Committee on Foreign Affairs \38\ of the House of
    Representatives and the Committee on Banking, Housing, and
    Urban Affairs of the Senate on the review by the Department of
    Defense, for national security purposes as provided in the
    Export Administration Act of 1979, of export license
    applications for exports to countries other than controlled
    countries under section 5(b)(1) of that Act.
        (c) * * *
              * * * * * * *

    SEC. 2432.\39\ MONITORING OF WOOD EXPORTS.

      The Secretary of Commerce shall, for a period of 2 years
    beginning on the date of the enactment of this Act, monitor
    exports of processed and unprocessed wood to all countries of
    the Pacific Rim. The Secretary shall include the results of
    such monitoring in monthly reports setting forth, with respect
    to each item monitored, actual exports, the destination by
    country, and the domestic and worldwide price, supply, and
    demand. The Secretary shall transmit such reports to the
    Committee on Foreign Affairs \40\ of the House of
    Representatives and the Committee on Banking, Housing, and
    Urban Affairs of the Senate.
    ---------------------------------------------------------------------------
        \39\ 50 U.S.C. app. 2406 note.
    ---------------------------------------------------------------------------

    SEC. 2433.\40\ STUDY ON NATIONAL SECURITY EXPORT CONTROLS.

      (a) Arrangements For and Contents of Study.--
    ---------------------------------------------------------------------------
        \40\ 50 U.S.C. app. 2404 note.
    ---------------------------------------------------------------------------
              (1) Arrangements for conducting study.--The Secretary
            of Commerce and the Secretary of Defense, not later
            than 60 days after the date of the enactment of this
            Act, shall enter into appropriate arrangements with the
            National Academy of Sciences and the National Academy
            of Engineering (hereafter in this section referred to
            as the ``Academies'') to conduct a comprehensive study
            of the adequacy of the current export administration
            system in safeguarding United States national security
            while maintaining United States international
            competitiveness and Western technological preeminence.
              (2) Requirements of study.--Recognizing the need to
            minimize the disruption of United States trading
            interests while preventing Western technology from
            enhancing the development of the military capabilities
            of controlled countries, the study shall--
                      (A) identify those goods and technologies
                    which are likely to make crucial differences in
                    the military capabilities of controlled
                    countries, and identify which of those goods
                    and technologies controlled countries already
                    possess or are available to controlled
                    countries from other sources;
                      (B) develop implementable criteria by which
                    to define those goods and technologies;
                      (C) demonstrate how such criteria would be
                    applied to the control list by the relevant
                    agencies to revise the list, eliminate
                    ineffective controls, and strengthen controls;
                      (D) develop proposals to improve United
                    States and multilateral assessments of foreign
                    availability of goods and technology subject to
                    export controls; and
                      (E) develop proposals to improve the
                    administration of the export control program,
                    including procedures to ensure timely,
                    predictable, and effective decision-making.
      (b) Advisory Panel.--In conducting the study under subsection
    (a), the Academies shall appoint an Advisory Panel of not more
    than 24 members who shall be selected from among individuals in
    private life who, by virtue of their experience and expertise,
    are knowledgeable in relevant scientific, business, legal, or
    administrative matters. No individual may be selected as a
    member who, at the time of his or her appointment, is an
    elected or appointed official or employee in the executive,
    legislative, or judicial branch of the Government. In selecting
    members of the Advisory Panel, the Academies shall seek
    suggestions from the President, the Congress, and
    representatives of industry and the academic community.
      (c) Executive Branch Cooperation.--The Secretary of Commerce,
    the Secretary of Defense, the Secretary of State, the Director
    of the Central Intelligence Agency, and the head of any
    department or agency that exercises authority in export
    administration--
              (1) shall furnish to the Academies, upon request and
            under appropriate safeguards, classified or
            unclassified information which the Academies determine
            to be necessary for the purposes of conducting the
            study required by this section; and
              (2) shall work with the Academies on such problems
            related to the study as the Academies consider
            necessary.
      (d) Report.--Under the direction of the Advisory Panel, the
    Academies shall prepare and submit to the President and the
    Congress, not later than 18 months after entering into the
    arrangements referred to in subsection (a), a report which
    contains a detailed statement of the findings and conclusions
    of the Academies pursuant to the study conducted under
    subsection (a), together with their recommendations for such
    legislative or regulatory reforms as they consider appropriate.
      (e) Authorization of Appropriations.--There are authorized to
    be appropriated $900,000 to carry out this section.

                part ii--multilateral export control enhancement

    SEC. 2441.\41\ SHORT TITLE.

      This part may be cited as the ``Multilateral Export Control
    Enhancement Amendments Act''.
    ---------------------------------------------------------------------------
        \41\ 50 U.S.C. app. 2401 note.
    ---------------------------------------------------------------------------

    SEC. 2442.\42\ FINDINGS.

      The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \42\ 50 U.S.C. app. 2410a note.
    ---------------------------------------------------------------------------
              (1) The diversion of advanced milling machinery to
            the Soviet Union by the Toshiba Machine Company and
            Kongsberg Trading Company has had a serious impact on
            United States and Western security interests.
              (2) United States and Western security is undermined
            without the cooperation of the governments and
            nationals of all countries participating in the group
            known as the Coordinating Committee (hereafter in this
            part referred to as ``COCOM'') in enforcing the COCOM
            agreement.
              (3) It is the responsibility of all governments
            participating in COCOM to place in effect strong
            national security export control laws, to license
            strategic exports carefully, and to enforce those
            export control laws strictly, since the COCOM system is
            only as strong as the national laws and enforcement on
            which it is based.
              (4) It is also important for corporations to
            implement effective internal control systems to ensure
            compliance with export control laws.
              (5) In order to protect United States national
            security, the United States must take steps to ensure
            the compliance of foreign companies with COCOM
            controls, including, where necessary conditions have
            been met, the imposition of sanctions against violators
            of controls commensurate with the severity of the
            violation.

    SEC. 2443.\43\ MANDATORY SANCTIONS AGAINST TOSHIBA AND KONGSBERG.

      (a) Sanctions Against Toshiba Machine Company, Kongsberg
    Trading Company, and Certain Other Foreign Persons.--The
    President shall impose, for a period of 3 years--
    ---------------------------------------------------------------------------
        \43\ Sanctions were imposed by Executive Order 12661 of December
    27, 1988, and expired on December 28, 1991.
    ---------------------------------------------------------------------------
              (1) a prohibition on contracting with, and
            procurement of products and services from--
                      (A) Toshiba Machine Company and Kongsberg
                    Trading Company, and
                      (B) any other foreign person whom the
                    President finds to have knowingly facilitated
                    the diversion of advanced milling machinery by
                    Toshiba Machine Company and Kongsberg Trading
                    Company to the Soviet Union,
            by any department, agency, or instrumentality of the
            United States Government; and
              (2) a prohibition on the importation into the United
            States of all products produced by Toshiba Machine
            Company, Kongsberg Trading Company, and any foreign
            person described in paragraph (1)(B).
      (b) Sanctions Against Toshiba Corporation and Kongsberg
    Vaapenfabrikk.--The President shall impose, for a period of 3
    years, a prohibition on contracting with, and procurement of
    products and services from, the Toshiba Corporation and
    Kongsberg Vaapenfabrikk, by any department, agency, or
    instrumentality of the United States Government.
      (c) Exceptions.--The President shall not apply sanctions
    under this section--
              (1) in the case of procurement of defense articles or
            defense services--
                      (A) under existing contracts or subcontracts,
                    including exercise of options for production
                    quantities to satisfy United States operational
                    military requirements;
                      (B) if the President determines that the
                    company or foreign person to whom the sanctions
                    would otherwise be applied is a sole source
                    supplier of essential defense articles or
                    services and no alternative supplier can be
                    identified; or
                      (C) if the President determines that such
                    articles or services are essential to the
                    national security under defense coproduction
                    agreements; or
              (2) to--
                      (A) products or services provided under
                    contracts or other binding agreements (as such
                    terms are defined by the President in
                    regulations) entered into before June 30, 1987;
                      (B) spare parts;
                      (C) component parts, but not finished
                    products, essential to United States products
                    or production;
                      (D) routine servicing and maintenance of
                    products; or
                      (E) information and technology.
      (d) Definitions.--For purposes of this section--
              (1) the term ``component part'' means any article
            which is not usable for its intended functions without
            being imbedded or integrated into any other product and
            which, if used in production of a finished product,
            would be substantially transformed in that process;
              (2) the term ``finished product'' means any article
            which is usable for its intended functions without
            being imbedded in or integrated into any other product,
            but in no case shall such term be deemed to include an
            article produced by a person other than a sanctioned
            person that contains parts or components of the
            sanctioned person if the parts or components have been
            substantially transformed during production of the
            finished product; and
              (3) the term ``sanctioned person'' means a company or
            other foreign person upon whom prohibitions have been
            imposed under subsection (a) or (b).
              * * * * * * *

                      Subtitle E--Miscellaneous Provisions

              * * * * * * *

    SEC. 2503. BUDGET ACT.

      Any new spending authority (within the meaning of section 401
    of the Congressional Budget Act of 1974) which is provided
    under this title shall be effective for any fiscal year only to
    the extent or in such amounts as are provided in appropriation
    Acts.
              d. Expansion of Business Capital Assistance Programs

    Partial text of Public Law 101-510 [National Defense Authorization Act
      for Fiscal Year 1991; H.R. 4739], 104 Stat. 1485 at 1853, approved
     November 5, 1990; as amended by Public Law 102-190 [National Defense
    Authorization Act for Fiscal Years 1992 and 1993; H.R. 2100], 105 Stat.
                        1290, approved December 5, 1991

     AN ACT To authorize appropriations for fiscal year 1991 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense Authorization
    Act for Fiscal Year 1991''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

      (a) Divisions.--This Act is organized into four divisions as
    follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
              (4) Division D--Economic Adjustment, Diversification,
            Conversion, and Stabilization.
              * * * * * * *

       TITLE XLIII--EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS \1\

              * * * * * * *

    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 2391 note.
    ---------------------------------------------------------------------------

    SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES
                        PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN
                        DEFENSE PRODUCTION.

        (a) Export-Import Bank.--
              (1) Sense of congress on plan for expansion.--It is
            the sense of Congress that the United States businesses
            undergoing transition from defense production to
            nondefense production will need assistance in seizing
            export markets overseas. Therefore, in order to provide
            financial support for such businesses, as well as
            meeting other normal demands on its resources, the
            annual direct lending authority of the Export-Import
            Bank of the United States should be increased by at
            least 150 percent from the fiscal year 1990 level over
            the five-year period beginning October 1, 1990.
              (2) Report of feasibility.--Before September 30,
            1990, the President, acting with the assistance of the
            Committee \2\ and after consulting the Board of
            Directors of the Export-Import Bank of the United
            States and other experts in government and the private
            sector, shall transmit to the Congress a report
            assessing the feasibility and desirability of a program
            for increasing the amount of direct loan authority in
            the manner described in paragraph (1) and the factors
            considered in making such assessment.
    ---------------------------------------------------------------------------
        \2\ Sec. 4003(2) of Public Law 101-510 (104 Stat. 1848) defined
    ``Committee'' as the Economic Adjustment Committee established in
    Executive Order 12049 (10 U.S.C. 111 note).
    ---------------------------------------------------------------------------
              (3) Transition to nondefense production required to
            be considered.--In determining whether to provide
            financial support for an export transaction, the
            Export-Import Bank of the United States shall take into
            account, to the extent feasible and in accordance with
            applicable standards and procedures established by the
            bank in consultation with the Committee, the fact that
            the product or service is produced or provided by any
            business or group of workers which--
                      (A) was substantially and seriously affected
                    \3\ by defense budget reductions; and
    ---------------------------------------------------------------------------
        \3\ Sec. 4003(5) of Public Law 101-510 (104 Stat. 1848) defined
    ``substantially and seriously affected'' as a community with one or
    more military installations or defense facilities, or near such
    facilities, and faced with substantial workforce reductions, relative
    to the community's population size, resulting from changes in
    Department of Defense programs or requirements; as a business with any
    defense contract or subcontract which suffers a reduction of 25 percent
    or more in sales or production, or a reduction in workforce of 80
    percent or more, resulting from changes in Department of Defense
    programs or requirements; or a group of 100 or more workers who are
    eligible to participate in the newly established defense conversion
    adjustment program under sec. 325 of the Job Training Partnership Act
    (29 U.S.C. 1662d).
    ---------------------------------------------------------------------------
                      (B) is in transition from defense to
                    nondefense production.
        (b) SBA Use of Authority for Export Financing Assistance.--
    In determining whether to provide financial or other assistance
    under the Small Business Act, title VIII of the Omnibus Trade
    and Competitiveness Act of 1988, or any program referred to in
    section 4301 \4\ to any small business involved in, or
    attempting to become involved in, the export of any product or
    service, the Administrator of the Small Business Administration
    shall take into account the fact that such product or service
    is produced by any business or group of workers which--
    ---------------------------------------------------------------------------
        \4\ Business loan program under sec. 7(a) of the Small Business Act
    of 1958.
    ---------------------------------------------------------------------------
              (1) has been substantially and seriously affected \3\
            by defense budget reductions; and
              (2) is in transition from defense to nondefense
            production.
        (c) Coordination and Integration of Activities and
    Assistance with Other Agencies.--In providing additional
    financial assistance pursuant to any increase in loan authority
    under this division--
              (1) Federal agencies concerned with international
            trade shall participate in the process of coordination
            conducted by the Committee pursuant to section
            4004(c)(1); \5\ and
    ---------------------------------------------------------------------------
        \5\ Sec. 1062(c)(1) of Public Law 102-190 (105 Stat. 1475) struck
    out ``section 4003(b)'' and inserted in lieu thereof ``section
    4004(c)(1)''.
    ---------------------------------------------------------------------------
              (2) such Federal agencies shall attempt, to the
            maximum extent practicable, to coordinate and integrate
            the activities and assistance of the agencies in
            support of exports, including financial assistance in
            the form of direct loans, loan guarantees, and
            insurance, general trade promotion, marketing
            assistance, and marketing and commercial information,
            in a manner consistent with the purposes of this
            division (and the amendments made by this division to
            other provisions of law).
        (d) Reporting.--The annual report made by the Export-Import
    Bank of the United States and the Administrator of the Small
    Business Administration and the annual economic stabilization
    and adjustment report under section 4004(c)(3) \6\ of this
    division shall include a description of the extent to which the
    bank and the Administrator are--
    ---------------------------------------------------------------------------
        \6\ Sec. 1062(c)(2) of Public Law 102-190 (105 Stat. 1475) struck
    out ``section 4003'' and inserted in lieu thereof ``section
    4004(c)(3)''.
    ---------------------------------------------------------------------------
              (1) providing financing described in subsections
            (a)(2) and (b), respectively, to businesses or groups
            of workers which were substantially and seriously
            affected \3\ by defense budget reductions; and
              (2) coordinating and integrating export support and
            financing activities with other Federal agencies.

    SEC. 4304. BENEFIT INFORMATION FOR BUSINESSES.

        (a) Information Required To Be Provided.--The Secretary of
    Commerce and the Administrator of the Small Business
    Administration shall provide any business affected by defense
    budget reductions with a complete description of available
    programs which provide any business, whether on an industrywide
    or an individual basis, with any planning assistance,
    financial, technical, or managerial assistance, worker
    retraining assistance, or other assistance authorized under
    this division.
        (b) Effective Notification System.--The Secretary of
    Commerce and the Administrator of the Small Business
    Administration shall take such action as may be appropriate to
    ensure, to the maximum extent practicable, that each business
    affected by defense budget reductions receives the information
    required to be provided under subsection (a) on a timely basis.
              e. Export-Import Bank and Tied Aid Credit Amendments

    Partial text of Title III of Public Law 100-418 [Omnibus Trade and
        Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
        August 23, 1988

      AN ACT To enhance the competitiveness of American industry, and for
                                other purposes.

              * * * * * * *

                   TITLE III--INTERNATIONAL FINANCIAL POLICY

              * * * * * * *

         Subtitle D--Export-Import Bank and Tied Aid Credit Amendments

    SEC. 3301. SHORT TITLE.

      This subtitle may be cited as the ``Export-Import Bank and
    Tied Aid Credit Amendments of 1988''.

    SEC. 3302. PROVISIONS RELATING TO TIED AID CREDIT.

      (a) Findings.--The Congress finds that--
              (1) negotiations have led to an international
            agreement to increase the grant element required in
            tied aid credit offers;
              (2) concern continues to exist that countries party
            to the agreement may continue to offer tied aid credits
            that deviate from the agreement;
              (3) in such cases, the United States could continue
            to lose export sales in connection with the aggressive,
            and in some cases, unfair, tied aid practices of such
            countries; and
              (4) in such cases, the Export-Import Bank of the
            United States should continue to use the Tied Aid
            Credit Fund established by section 15(c) of the Export-
            Import Bank Act of 1945 to discourage the use of such
            predatory financing practices.
      (b) * * *
      (c) Report.--
              (1) In general.--On or before December 31, 1988, the
            President and Chairman of the Export-Import Bank of the
            United States, in cooperation with other appropriate
            government agencies, shall submit to the Speaker of the
            House of Representatives and the President pro tempore
            of the Senate a written report identifying and
            analyzing the tied aid credit practices of other
            countries and shall make recommendations for dealing
            with such practices.
              (2) Consultation.--In preparing the report described
            in paragraph (1), the Export-Import Bank shall consult
            with appropriate international organizations such as
            the International Bank for Reconstruction and
            Development, the International Monetary Fund, and the
            Development Assistance Committee of the Organization
            for Economic Cooperation and Development, and with the
            countries which are party to the Arrangement on
            Guidelines for Officially Supported Export Credits
            adopted by the Organization for Economic Cooperation
            and Development in November 1987.

    SEC. 3303. REPORT ON UNITED STATES EXPORTS TO DEVELOPING COUNTRIES.

      Within 90 days after the date of the enactment of this Act,
    the President and Chairman of the Export-Import Bank of the
    United States shall submit to the Committee on Banking, Finance
    and Urban Affairs \1\ of the House of Representatives and the
    Committee on Banking, Housing, and Urban Affairs of the Senate
    a written report which contains--
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------
              (1) an assessment of the effectiveness of recent
            program changes in increasing United States exports to
            developing countries; and
              (2) an identification of additional specific policy
            and program changes which--
                      (A) would enable the Bank to increase the
                    financing of United States exports to
                    developing countries; and
                      (B) would encourage greater private sector
                    participation in such financing efforts.
              * * * * * * *
                  f. Export-Import Bank Act Amendments of 1986

    Partial text of Public Law 99-472 [H.R. 5548], 100 Stat. 1200, approved
                                October 15, 1986

              AN ACT To amend the Export-Import Bank Act of 1945.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Export-Import Bank Act
    Amendments of 1986''.
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 635 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 16. REPORT ON ROLE OF PRIVATE INSURANCE.

        Not later than October 1, 1987, the Export-Import Bank of
    the United States and the Office of Management and Budget shall
    jointly prepare and transmit to the Congress, and the General
    Accounting Office shall prepare and transmit to the Congress,
    reports analyzing--
              (1) the need for United States Government involvement
            in export credit insurance, considering the current
            activities of private insurance companies in this area,
            private insurance industry trends over the longer term,
            and ways in which private insurance companies can be
            encouraged by the Bank to maximize export credit
            insurance activities;
              (2) the need to employ an agent in administering
            government-supported insurance programs which are
            determined to be necessary; and
              (3) the efficiency and effectiveness of continuing to
            utilize the Foreign Credit Insurance Association as the
            Bank's agent (including an analysis of the
            administrative and economic cost to the government and
            the Bank of maintaining the Foreign Credit Insurance
            Association).
              * * * * * * *

    SEC. 21.\2\ POLICY TOWARD UNITED STATES BUSINESS TRANSACTIONS IN
                        ANGOLA. * * *

    ---------------------------------------------------------------------------
        \2\ For text of sec. 21, see page 1636.
    ---------------------------------------------------------------------------

    SEC. 22.\3\ OPPOSITION OF MULTILATERAL ASSISTANCE FOR FOREIGN SURPLUS
                        COMMODITIES AND MINERALS.

        The Secretary of the Treasury shall instruct the United
    States Executive Director of the International Bank for
    Reconstruction and Development, the International Development
    Association, the International Finance Corporation, the Inter-
    American Development Bank, the International Monetary Fund, the
    Asian Development Bank, the Inter-American Investment
    Corporation, the African Development Bank, and the African
    Development Fund to use the voice and vote of the United States
    to oppose any assistance by such institutions, using funds
    appropriated or otherwise made available pursuant to any
    provision of law, for the production or extraction of any
    commodity or mineral for export, if--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 262h. Since 1989, similar provisions have been
    enacted in the annual Foreign Operations, Export Financing, and Related
    Programs Appropriations Act. For fiscal year 2006, see sec. 514 of
    Public Law 109-102 (119 Stat. 2200), Legislation on Foreign Relations
    Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              (1) such commodity or mineral, as the case may be, is
            in surplus on world markets; and
              (2) the export of such commodity or mineral, as the
            case may be, would cause substantial injury to the
            United States producers of the same, similar, or
            competing commodity or mineral.
                g. Trade and Development Enhancement Act of 1983

          Partial text of Title VI of Public Law 98-181 [Supplemental
     Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at 1263, approved
    November 30, 1983; as amended by Public Law 100-418 [Omnibus Trade and
       Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
     August 23, 1988; and Public Law 102-549 [Jobs Through Exports Act of
          1992, H.R. 4996], 106 Stat. 3651, approved October 28, 1992

     AN ACT Making supplemental appropriations for the fiscal year ending
                  September 30, 1984, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, to provide supplemental
    appropriations for the fiscal year ending September 30, 1984,
    and for other purposes, namely:
              * * * * * * *

              TITLE VI--EXPORT-IMPORT BANK ACT AMENDMENTS OF 1983

                                  short title

        Sec. 601. This title may be cited as the ``Export-Import
    Bank Act Amendments of 1983''.
              * * * * * * *

                    Part C--Tied Aid Credit Export Subsidies

                                  short title

        Sec. 641. This part may be referred to as the ``Trade and
    Development Enhancement Act of 1983''.

                              statement of purpose

        Sec. 642.\1\ The purpose of this part is--
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 635o.
    ---------------------------------------------------------------------------
              (1) to expand employment and economic growth in the
            United States by expanding United States exports to the
            markets of the developing world;
              (2) to stimulate the economic development of
            countries in the developing world by improving their
            access to credit for the importation of United States
            products and services for developmental purposes;
              (3) to neutralize the predatory financing engaged in
            by many nations whose exports compete with United
            States exports, and thereby restore export competition
            to a market basis; and
              (4) to encourage foreign governments to enter into
            effective and comprehensive agreements with the United
            States to end the use of tied aid credits for exports,
            and to limit and govern the use of export credit
            subsidies generally.

                              negotiating mandate

        Sec. 643.\2\ The President shall vigorously pursue
    negotiations to limit and set rules for the use of tied aid for
    exports. The negotiating objectives of the United States should
    include reaching agreements--
    ---------------------------------------------------------------------------
        \2\ 12 U.S.C. 635p.
    ---------------------------------------------------------------------------
              (1) to define the various forms of tied aid credit,
            particularly mixed credits under the Arrangement on
            Guidelines for Officially Supported Export Credits
            established through the Organization for Economic
            Cooperation and Development (hereinafter in this part
            referred to as the ``Arrangement'');
              (2) to phase out the use of government-mixed credits
            by a date certain;
              (3) to set rules governing the use of public-private
            cofinancing, or other forms of mixed financing, which
            may have the same result as government-mixed credits of
            drawing on concessional development assistance to
            produce subsidized export financing;
              (4) to raise the threshold for notification of the
            use of tied aid credit to a 50 per centum level of
            concessionality;
              (5) to improve notification procedures so that
            advance notification must be given on all uses of tied
            aid credit; and
              (6) to prohibit the use of tied aid credit for
            production facilities for goods which are in structural
            over supply in the world.

    establishment of a tied aid credit program in the united states export-
                                  import bank

        Sec. 644.\3\ (a)(1) The Chairman of the Export-Import Bank
    of the United States shall establish, within the Export-Import
    Bank of the United States, a program of tied aid credits for
    United States exports.
    ---------------------------------------------------------------------------
        \3\ 12 U.S.C. 635q.
    ---------------------------------------------------------------------------
        (2) The program shall be carried out in co-operation with
    the Trade and Development Agency \4\, \5\ and with
    private financial institutions or entities, as appropriate.
    ---------------------------------------------------------------------------
        \4\ Sec. 202(c)(1) of Public Law 102-549 (106 Stat. 3657) struck
    out ``Trade and Development Program'' each place it appeared in secs.
    644, 645, and 646, and inserted in lieu thereof ``Trade and Development
    Agency''. Subsec. (e) of that section, furthermore, provided that ``Any
    reference in any law to the Trade and Development Program shall be
    deemed to be a reference to the Trade and Development Agency.''.
        \5\ Sec. 2204(c)(1) of Public Law 100-418 (Omnibus Trade and
    Competitiveness Act of 1988; 102 Stat. 1330) struck out ``Agency for
    International Development'' and inserted in lieu thereof ``Trade and
    Development Program''; struck out ``offered by the Agency for
    International Development'' and inserted in lieu thereof ``made
    available under section 645(d) of this Act''; and struck out
    ``subsections (c) and (d) of section 645'' and inserted in lieu thereof
    ``section 645(c)''.
    ---------------------------------------------------------------------------
        (3) The program may include--
              (A) the combined use of the credits, loans, or
            guarantees offered by the Export-Import Bank of the
            United States with concessional financing or grants
            made available under section 645(d) of this Act,\5\ by
            methods including the blending of the financing of, or
            parallel financing by, the Bank and the Trade and
            Development Agency; \4\ and
              (B) the combined use of credits, loans, or guarantees
            offered by the Bank, with financing offered by private
            financial institutions or entities, by methods
            including the blending of the financing of, or parallel
            financing by, the Bank and private institutions or
            entities.
        (b) The purpose of the tied aid credit program under this
    section is to offer or arrange for financing for the export of
    United States goods and services which is substantially as
    concessional as foreign financing for which there is reasonable
    proof that such foreign financing is being offered to, or
    arranged for, a bona fide foreign competitor for a United
    States export sale.
        (c) The Chairman of the Bank is authorized to establish a
    fund, as necessary, for carrying out the tied aid credit
    program described in this section.
        (d) Concessional financing or grants made available under
    section 645(d) of this Act \5\ for the purposes of the mixed
    financing program established under this section shall be made
    available in accordance with the provisions of section 645(c)
    \5\ of this Act.

     establishment of a tied aid credit program administered by the trade
                           and development agency \6\

        Sec. 645.\6\ (a) The Director of the Trade and Development
    Agency \4\ shall carry out \6\ a program of tied aid credits
    for United States exports. The program shall be carried out in
    cooperation with the Export-Import Bank of the United States
    and with private financial institutions or entities, as
    appropriate. The program may include--
    ---------------------------------------------------------------------------
        \6\ 12 U.S.C. 635r. Sec. 202(c)(2) of the Jobs Through Exports Act
    of 1992 (Public Law 102-549; 106 Stat. 3658) struck out ``trade and
    development program'' in the section heading and inserted in lieu
    thereof ``trade and development agency''. Previously, sec.
    2204(c)(1)(B) of Public Law 100-418 (102 Stat. 1330) inserted
    ``administered by the trade and development program'' in the section
    heading, and struck out ``Administrator of the Agency for International
    Development shall establish within the Agency'' and inserted in lieu
    thereof ``Director of the Trade and Development Program shall carry
    out''. Sec. 2204(d) of that Act further provided:
        ``(d) Administrative Provisions.--
    ---------------------------------------------------------------------------

      ``(1) * * *

      ``(2) Transition provisions.--(A) The Administrator of the Agency for
    International Development shall transfer to the Director of the Trade and
    Development Program all records, contracts, applications, and any other
    documents or information in connection with the functions transferred by
    virtue of the amendments made by subsection (c)(1).

      ``(B) All determinations, regulations, and contracts--

      ``(i) which have been issued, made, granted, or allowed to become
    effective by the President, the Agency for International Development, or by
    a court of competent jurisdiction, in the performance of the functions
    transferred by virtue of the amendments made by subsection (c)(1), and

      ``(ii) which are in effect at the time this section takes effect,

    shall continue in effect according to their terms until modified,
    terminated, superseded, set aside, or revoked in accordance with the law by
    the President, the Director of the Trade and Development Program, or other
    authorized official, by a court of competent jurisdiction, or by operation
    of law.

      ``(C)(i) The amendments made by subsection (c)(1) shall not affect any
    proceedings, including notices of proposed rulemaking, or any application
    for any financial assistance, which is pending on the effective date of
    this section before the Agency for International Development in the
    exercise of functions transferred by virtue of the amendments made by
    subsection (c)(1). Such proceedings and applications, to the extent that
    they relate to functions so transferred, shall be continued.

      ``(ii) 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. Orders issued in any such proceedings shall
    continue in effect until modified, terminated, superseded, or revoked by
    the Director of the Trade and Development Program or other authorized
    official, by a court of competent jurisdiction, or by operation of law.

      ``(iii) Nothing in this subparagraph 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.

      ``(iv) The Director of the Trade and Development Agency is authorized to
    issue regulations providing for the orderly transfer to the Trade and
    Development Program of proceedings continued under this subparagraph.

      ``(D) With respect to any function transferred by virtue of the
    amendments made by subsection (c)(1) and exercised on or after the
    effective date of this section, reference in any other Federal law to the
    Agency for International Development or any officer shall be deemed to
    refer to the Trade and Development Agency or other official to which such
    function is so transferred.''.

              (1) the combined use of the credits, loans, or
            guarantees offered by the Bank with concessional
            financing or grants made available under subsection
            (d),\7\ by methods including the blending of the
            financing of, or parallel financing, by the Bank and
            the Trade and Development Agency; \7\ and
    ---------------------------------------------------------------------------
        \7\ Sec. 2204(c)(1)(B) of Public Law 100-418 (102 Stat. 1331)
    struck out ``offered by the Agency for International Development'' and
    inserted in lieu thereof ``made available under subsection (d)'';
    struck out ``Agency for International Development'' and inserted in
    lieu thereof ``Trade and Development Program''. Subsequently, sec.
    202(c)(1) of Public Law 102-549 (106 Stat. 3657) struck out ``Trade and
    Development Program'' each place it appeared in secs. 644, 645, and
    646, and inserted in lieu thereof ``Trade and Development Agency''.
    Subsec. (e) of that section further provided that ``Any reference in
    any law to the Trade and Development Program shall be deemed to be a
    reference to the Trade and Development Agency.''.
    ---------------------------------------------------------------------------
              (2) the combination of concessional financing or
            grants made available under subsection (d),\7\ with
            financing offered by private financial institutions or
            entities, by methods including the blending of the
            financing of, or parallel financing by, the Trade and
            Development Agency \7\ and private institutions or
            entities.
        (b) These funds may be combined with financing by the
    Export-Import Bank of the United States or private commercial
    financing in order to offer, or arrange for, financing for the
    exportation of United States goods and services which is
    substantially as concessional as foreign financing for which
    there is reasonable proof that such foreign financing is being
    offered to, or arranged for, a bona fide foreign competitor for
    a United States export sale.
        (c)(1) Funds \8\ which are used to carry out a tied aid
    credit program authorized by subsections (a) and (b) shall be
    offered only to finance United States exports which can
    reasonably be expected to contribute to the advancement of the
    development objectives of the importing country or countries,
    and shall be consistent with the economic, security, and
    political criteria used to establish country allocations of
    Economic Support Funds.
    ---------------------------------------------------------------------------
        \8\ Sec. 2204(c)(1)(b) of Public Law 100-418 (102 Stat. 1331)
    struck out ``of the Agency for International Development'' which
    previously appeared at this point.
    ---------------------------------------------------------------------------
        (2) The Director of the Trade and Development Agency
    \4\, \5\ is authorized to establish a fund, as
    necessary, for carrying out a tied aid credit financing program
    as described in this section.
      (d) \9\ Funds available to carry out chapter 4 of part II of
    the Foreign Assistance Act of 1961 may be used by the Director
    of the Trade and Development Agency,\4\ with the concurrence of
    the Secretary of State (as provided under section 531 of the
    Foreign Assistance Act of 1961), for the purposes for which
    funds made available under this subsection are authorized to be
    used in section 644 and this section. The Secretary of State
    shall exercise his authority in cooperation with the
    Administrator of the Agency for International Development.
    Funds made available pursuant to this subsection \10\ may be
    used to finance a tied aid credit activity in any country
    eligible for tied aid credits under this Act.
    ---------------------------------------------------------------------------
        \9\ Sec. 2204(c)(1)(B)(iv) of Public Law 100-418 (102 Stat. 1331)
    amended and restated subsec. (d). It previously read as follows:
        ``(d) The Administrator of the Agency for International Development
    may draw on Economic Support Funds allocated for Commodity Import
    Programs to finance a tied aid credit activity.''.
        \10\ For current appropriations, see the Foreign Operations, Export
    Finance, and Related Programs Appropriations Act, 2006 (Public Law 109-
    102; 119 Stat. 2200); Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------

                                 implementation

        Sec. 646.\11\ (a)(1) The National Advisory Council on
    International Monetary and Financial Policies shall coordinate
    the implementation of the tied aid credit programs authorized
    by sections 644 and 645.
    ---------------------------------------------------------------------------
        \11\ 12 U.S.C. 635s.
    ---------------------------------------------------------------------------
        (2) No financing may be approved under the tied aid credit
    programs authorized by section 644 or section 645 without the
    unanimous consent of the members of the National Advisory
    Council on International Monetary and Financial Policies.
      (b) \12\ The Trade and Development Agency \4\ shall be
    represented at any meetings of the National Advisory Council on
    International Monetary and Financial Policies for discussion of
    tied aid credit matters, and the representative of the Trade
    and Development Agency \4\ at any such meeting shall have the
    right to vote on any decisions of the Advisory Council relating
    to tied aid credit matters.
    ---------------------------------------------------------------------------
        \12\ Sec. 2204(c)(2) of Public Law 100-418 (102 Stat. 1331) added
    subsec. (b).
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 647.\13\ For purposes of this part--
    ---------------------------------------------------------------------------
        \13\ 12 U.S.C. 635t.
    ---------------------------------------------------------------------------
              (1) the term ``tied aid credit'' means credit--
                      (A) which is provided for development aid
                    purposes;
                      (B) which is tied to the purchase of exports
                    from the country granting the credit;
                      (C) which is financed either exclusively from
                    public funds, or, as a mixed credit, partly
                    from public and partly from private funds; and
                      (D) which has a grant element, as defined by
                    the Development Assistance Committee of the
                    Organization for Economic Cooperation and
                    Development, greater than zero percent;
              (2) the term ``government-mixed credits'' means the
            combined use of credits, insurance, and guarantees
            offered by the Export-Import Bank of the United States
            with concessional financing or grants offered by the
            Agency for International Development to finance
            exports;
              (3) the term ``public-private financing'' means the
            combined use of either official development assistance
            or official export credit with private commercial
            credit to finance exports;
              (4) the term ``blending of financings'' means the use
            of various combinations of official development
            assistance, official export credit, and private
            commercial credit. integrated into a single package
            with a single set of financial terms, to finance
            exports;
              (5) the term ``parallel financing'' means the related
            use of various combinations of separate lines of
            official development assistance, official export
            credits, and private commercial credit, not combined
            into a single package with a single set of financial
            terms, to finance exports; and
              (6) the term ``Bank'' means the Export-Import Bank of
            the United States.
              * * * * * * *
                  h. Export-Import Bank Act Amendments of 1978

    Partial text of Public Law 95-630 [H.R. 14279], 92 Stat. 3641 at 3724,
      approved November 10, 1978; as amended by Public Law 98-181 [Export-
    Import Bank Act Amendments of 1983; H.R. 3959], 97 Stat. 1153 at 1262,
     approved November 30, 1983; and Public Law 99-472 [Export-Import Bank
     Act Amendments of 1986; H.R. 5548], 100 Stat. 1200, approved October
                                    15, 1986

    AN ACT To extend the authority for the flexible regulation of interest
           rates on deposits and accounts in depository institutions.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Financial Institutions Regulatory and
    Interest Rate Control Act of 1978''.
              * * * * * * *

                  TITLE XIX--EXPORT-IMPORT BANK ACT AMENDMENTS

        Sec. 1901.\1\ That this title may be cited as the ``Export-
    Import Bank Act Amendments of 1978''.

              Note.--Except for the sections included below, title
            XIX of this Act contained amendments to the Export-
            Import Bank Act of 1945.

              * * * * * * *

                           export credit competition

        Sec. 1908.\2\ (a) The President is authorized and requested
    to begin negotiations at the ministerial level with other major
    exporting countries to end predatory export financing programs
    and other forms of export subsidies, including mixed credits,
    in third country markets as well as within the United States.
    The President shall report to the Congress prior to January 15,
    1979, on progress toward meeting the goals of this section.
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 635 note.
        \2\ 12 U.S.C. 635a-1.
    ---------------------------------------------------------------------------
        (b) The Export-Import Bank of the United States is
    authorized to provide guarantees, insurance, and extensions of
    credit at rates and terms and other conditions which are, in
    the opinion of the Board of Directors of the Bank, competitive
    with those provided by the government-supported export credit
    instrumentalities of other nations.
              * * * * * * *
        Sec. 1911.\3\ The Bank shall implement such regulations and
    procedures as may be appropriate to insure that full
    consideration is given to the extent to which any loan or
    financial guarantee is likely to have an adverse effect on
    industries, including agriculture, and employment in the United
    States, either by reducing demand for goods produced in the
    United States or by increasing imports to the United States. To
    carry out the purposes of this subsection, the Bank shall
    request, and the United States International Trade Commission
    shall furnish, a report assessing the impact of the Bank's
    activities on industries and employment in the United States.
    Such report shall include an assessment of previous loans or
    financial guarantees and shall provide recommendations
    concerning general areas which may adversely affect domestic
    industries, including agriculture and employment. After October
    1, 1983, there are authorized to be appropriated such sums as
    may by necessary to carry out the provisions of this
    section.\4\ In all cases to which this section applies, the
    Bank shall consider and address in writing the views of parties
    or persons who may be substantially adversely affected by the
    loan or guarantee prior to taking final action on the loan or
    guarantee. This requirement does not subject the Bank to the
    provisions of subchapter II of chapter 5 of title 5, United
    States Code.\5\
    ---------------------------------------------------------------------------
        \3\ 12 U.S.C. 635a-2.
        \4\ Sec. 632 of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1262) added this sentence.
        \5\ Sec. 12 of the Export-Import Bank Act Amendments of 1986
    (Public Law 99-472; 100 Stat. 1204) added the final two sentences of
    sec. 1911.
    ---------------------------------------------------------------------------
        Sec. 1912.\6\ (a)(1) Upon receipt of information that
    foreign sales to the United States are being offered involving
    foreign official export credits which exceed limits under
    existing standstills, minutes, or practices to which the United
    States and other major exporting countries have agreed,
    irrespective of whether these credits are being offered by
    governments which are signatories to such standstills, minutes,
    or practices,\7\ the Secretary of the Treasury shall
    immediately conduct an inquiry to determine whether
    ``noncompetitive financing'' is being offered. The inquiry, and
    where appropriate, the determination and authorization to the
    Export-Import Bank of the United States referred to in this
    section shall be completed and made within 60 days of the
    receipt of such information.\8\
    ---------------------------------------------------------------------------
        \6\ 12 U.S.C. 635a-3.
        \7\ Sec. 15(b) of Public Law 99-472 (100 Stat. 1205) inserted
    ``irrespective of whether these credits are being offered by
    governments which are signatories to such standstills, minutes, or
    practices,''.
        \8\ Sec. 631(1) of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1262) added this sentence.
    ---------------------------------------------------------------------------
        (2) If the Secretary determines that such foreign
    ``noncompetitive'' financing is being offered, the Secretary
    \9\ shall request the immediate withdrawal of such financing by
    the foreign official export credit agency involved.
    ---------------------------------------------------------------------------
        \9\ Sec. 633 of the Export-Import Bank Act Amendments of 1983
    (title VI of Public Law 98-181; 97 Stat. 1263) struck out ``he'' and
    inserted in lieu thereof ``the Secretary''.
    ---------------------------------------------------------------------------
        (3) If the offer is not withdrawn or if there is no
    immediate response to the withdrawal request, the Secretary of
    the Treasury shall notify the country offering such financing
    and all parties to the proposed transaction that the Eximbank
    may be authorized to provide competing United States sellers
    with financing to match that available through the foreign
    official export financing entity.
        (b) \10\ The Secretary of the Treasury shall issue such
    authorization to the Bank to provide guarantees, insurance, and
    credits to competing United States sellers, unless the
    Secretary determines that--
    ---------------------------------------------------------------------------
        \10\ Sec. 15(a) of Public Law 99-472 (100 Stat. 1204) amended and
    restated subsec. (b).
    ---------------------------------------------------------------------------
              (1) the availability of foreign official
            noncompetitive financing is likely to be a significant
            factor in the sale; or
              (2) the foreign noncompetitive financing has been
            withdrawn.
        (c) Upon receipt of authorization by the Secretary of the
    Treasury, the Export-Import Bank may provide financing to match
    that offered by the foreign official export credit entity:
    Provided, however, That loans, guarantees and insurance
    provided under this authority shall conform to all provisions
    of the Export-Import Bank Act of 1945, as amended.
        Sec. 1913. No environmental rule, regulation, or procedure
    shall become effective with regard to exports subject to the
    provisions of 22 U.S.C. 3201 et seq., the Nuclear Non-
    Proliferation Act of 1978, until such time as the President has
    reported to Congress on the progress achieved pursuant to
    section 407 of the Act (42 U.S.C. 2153e) entitled ``Protection
    of the Environment'' which requires the President to seek to
    provide, in agreements required under the Act, for cooperation
    between the parties in protecting the environment from
    radioactive, chemical or thermal contaminations arising from
    peaceful nuclear activities.
              * * * * * * *
        Sec. 1917.\11\ This title shall take effect upon enactment.
    ---------------------------------------------------------------------------
        \11\ 12 U.S.C. 635 note.
                             i. Export-Import Bank

     Executive Order 12166, October 19, 1979, 44 F.R. 60971, 12 U.S.C. 635
                                      note

        By the authority vested in me as President of the United
    States of America by Section 2(b)(1)(B) of the Export-Import
    Bank Act of 1945, as amended (12 U.S.C. 635(b)(1)(B), and by
    Section 301 of Title 3 of the United States Code, it is hereby
    ordered as follows:
        1-101. The function vested in the President by section
    2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended
    (12 U.S.C. 635(b)(1)(B)), is delegated to the Secretary of
    State. That function is the authority to determine that a
    denial by the Export-Import Bank of an application for credit
    would be in the national interest, where such action could
    clearly and importantly advance United States policy in such
    areas as international terrorism, nuclear proliferation,
    environmental protection and human rights.
        1-102. Before making such a determination, the Secretary of
    State shall consult with the Secretary of Commerce, and the
    heads of other interested Executive agencies.
        1-103. In accord with Section 2(b)(1)(B) of that Act, only
    in those cases where the Secretary of State has made such a
    determination should the Export-Import Bank deny an application
    for credit for nonfinancial or noncommercial considerations.
                   j. Trade Promotion Coordinating Committee

      Executive Order 12870, September 30, 1993, 58 F.R. 51753, 15 U.S.C.
     4727 note; as amended by Executive Order 13286, February 28, 2003, 68
                                   F.R. 10617

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Export Enhancement Act of 1992 (Public Law 102-
    429; 106 Stat. 2186), and section 301 of title 3, United States
    Code, it is hereby ordered as follows:
        Sec. 1. Establishment. There is established the ``Trade
    Promotion Coordinating Committee'' (``TPCC''). The Committee
    shall comprise representatives of each of the following:
              (a) Department of Commerce;
              (b) Department of State;
              (c) Department of the Treasury;
              (d) Department of Agriculture;
              (e) Department of Energy;
              (f) Department of Transportation;
              (g) Department of Defense;
              (h) Department of Labor;
              (i) Department of the Interior;
              (j) \1\ Department of Homeland Security;
    ---------------------------------------------------------------------------
        \1\ Sec. 26 of Executive Order 13286 (68 F.R. 10625) inserted
    subsec. (j) and redesignated subsecs. (j) through (v) as subsecs. (k)
    through (w).
    ---------------------------------------------------------------------------
              (k) \1\ Agency for International Development;
              (l) \1\ Trade and Development Agency;
              (m) \1\ Environmental Protection Agency;
              (n) \1\ United States Information Agency;
              (o) \1\ Small Business Administration;
              (p) \1\ Overseas Private Investment Corporation;
              (q) \1\ Export-Import Bank of the United States;
              (r) \1\ Office of the United States Trade
            Representative;
              (s) \1\ Council of Economic Advisers;
              (t) \1\ Office of Management and Budget;
              (u) \1\ National Economic Council;
              (v) \1\ National Security Council; and
              (w) \1\ At the discretion of the President, such
            other departments or agencies as may be necessary.
    Members of the TPCC shall be appointed by the heads of their
    respective departments or agencies. Such members, as well as
    their designated alternatives, shall be individuals who
    exercise significant decision-making authority in their
    respective departments or agencies.
        Sec. 2. Chairperson. The Secretary of Commerce shall be the
    chairperson of the TPCC.
        Sec. 3. Purpose. The purpose of the TPCC shall be to
    provide a unifying framework to coordinate the export promotion
    and export financing activities of the United States Government
    and to develop a governmentwide strategic plan for carrying out
    such programs.
        Sec. 4. Duties. The TPCC shall:
              (a) coordinate the development of the trade promotion
            policies and programs of the United States Government;
              (b) provide a central source of information for the
            business community on Federal export promotion and
            export financing programs;
              (c) coordinate official trade promotion efforts to
            ensure better delivery of services to U.S. businesses,
            including:
                      (1) information and counseling on U.S. export
                    promotion and export financing programs and
                    opportunities in foreign markets;
                      (2) representation of U.S. business interests
                    abroad; and
                      (3) assistance with foreign business contacts
                    and projects;
              (d) prevent unnecessary duplication in Federal export
            promotion and export financial activities;
              (e) assess the appropriate levels and allocation of
            resources among agencies in support of export promotion
            and export financing and provide recommendations,
            through the Director of the Office of Management and
            Budget to the President, based on its assessment; and
              (f) carry out such other duties as are deemed to be
            appropriate, consistent with the purpose of the TPCC.
        Sec. 5. Strategic Plan. To carry out section 4 of this
    order, the TPCC shall develop and implement a governmentwide
    strategic plan for Federal trade promotion efforts. Such plan
    shall:
              (a) establish a set of priorities for Federal
            activities in support of U.S. exports and explain the
            rationale for the priorities;
              (b) review current Federal programs designed to
            promote the sale of U.S. exports in light of the
            priorities established under paragraph (a) of this
            section and develop a plan to bring such activities
            unto line with those priorities and to improve
            coordination of such activities;
              (c) identify areas of overlap and duplication among
            Federal export promotion activities and propose means
            of eliminating them;
              (d) propose, through the Director of the Office of
            Management and Budget, to the President an annual
            unified Federal trade promotion budget that supports
            the plan for priority activities and improved
            coordination established under paragraph (b) of this
            section and eliminates funding for the areas of overlap
            and duplication identified under paragraph (c) of this
            section; and
              (e) review efforts by the States to promote U.S.
            exports and propose means of developing cooperation
            between State and Federal efforts, including co-
            location, cost-sharing between Federal and State export
            promotion programs, and sharing of market research
            data.
        Sec. 6. Report. The chairperson of the TPCC, with the
    approval of the President, shall prepare and submit to the
    Committee on Banking, Housing, and Urban Affairs of the Senate,
    and the Committee on Foreign Affairs \1\ of the House of
    Representatives, not later than September 30, 1993, and
    annually thereafter, a report describing the strategic plan
    developed by the TPCC pursuant to section 5 of this order, the
    implementation of such a plan, and any revisions to the plan.
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
                              3. Export Expansion

                   a. Improving the U.S. Balance of Payments

    Public Law 90-390 [H.R. 16162], 82 Stat. 296, approved July 7, 1968; as
    amended by Public Law 96-470 [Congressional Reports Elimination Act of
           1980; H.R. 6686], 94 Stat. 2237, approved October 19, 1980

    AN ACT To enable the Export-Import Bank of the United States to approve
      extension of certain loans, guarantees, and insurance in connection
    with exports from the United States in order to improve the balance of
     payments and foster the long-term commercial interests of the United
                                    States.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
        Section 1.\1\ (a) It is the policy of the Congress that the
    Export-Import Bank of the United States should facilitate
    through loans, guarantees, and insurance (including coinsurance
    and reinsurance) those export transactions which, in the
    judgment of the Board of Directors of the Bank, offer
    sufficient likelihood of repayment to justify the Bank's
    support in order to actively foster the foreign trade and long-
    term commercial interest of the United States.
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 635j.
    ---------------------------------------------------------------------------
        (b) The Bank shall specially designate loans, guarantees,
    and insurance on the books of the Bank made under authority of
    this Act. In connection with guarantees and insurance, not less
    than 25 per centum of the related contractual liability of the
    Bank shall be taken into account for the purpose of applying
    the limitation imposed by section 7 of the Export-Import Bank
    Act of 1945, as amended; but the full amount of the related
    contractual liability of such guarantees and insurance shall be
    taken into account for the purpose of applying the limitation
    in section 2(c)(1) of that Act, concerning the amount of
    guarantees and insurance the Bank may have outstanding at any
    one time thereunder. The aggregate amount of loans plus 25 per
    centum of the contractual liability of guarantees and insurance
    outstanding at any one time under this Act shall not exceed
    $500,000,000.
        (c) \2\ * * * [Repealed--1980]
    ---------------------------------------------------------------------------
        \2\ Sec. 115 of Public Law 96-470 (94 Stat. 2240) repealed subsec.
    (c), which had required the Board of Directors of the Bank to submit a
    quarterly report to Congress on all actions taken under authority of
    this Act.
    ---------------------------------------------------------------------------
        Sec. 2.\3\ In the event of any losses, as determined by the
    Board of Directors of the Bank, incurred on loans, guarantees,
    and insurance extended under this Act, the first $100,000,000
    of such losses shall be borne by the Bank; the second
    $100,000,000 of such losses shall be borne by the Secretary of
    the Treasury; and any losses in excess thereof shall be borne
    by the Bank. Reimbursement of the Bank by the Secretary of the
    Treasury of the amount of losses which are to be borne by the
    Secretary of the Treasury as aforesaid shall be from funds made
    available pursuant to section 3 of this Act. All guarantees and
    insurance issued by the Bank shall be considered contingent
    obligations backed by the full faith and credit of the
    Government of the United States of America.
    ---------------------------------------------------------------------------
        \3\ 12 U.S.C. 635k.
    ---------------------------------------------------------------------------
        Sec. 3.\4\ There are hereby authorized to be appropriated
    to the Secretary of the Treasury without fiscal year limitation
    $100,000,000 to cover the amount of any losses which are to be
    borne by the Secretary of the Treasury as provided in section 2
    hereof.
    ---------------------------------------------------------------------------
        \4\ 12 U.S.C. 635l.
    ---------------------------------------------------------------------------
        Sec. 4.\5\ Nothing in this Act shall be construed as a
    limitation on the powers of the Bank under the Export-Import
    Bank Act of 1945, as amended; and except as to the standard of
    reasonable assurance of repayment required under section
    2(b)(1) of that Act, all loans, guarantees, and insurance
    extended hereunder shall be subject to the provisions of said
    Export-Import Bank Act of 1945, as amended, and to the policies
    of the Bank with respect to terms of repayment, interest rates,
    fees, and premiums applicable to loans, guarantees, and
    insurance extended under that Act.
    ---------------------------------------------------------------------------
        \5\ 12 U.S.C. 635m.
    ---------------------------------------------------------------------------
        Sec. 5.\6\ The Bank shall not extend loans, guarantees, or
    insurance under this Act in connection with the sale of defense
    articles or defense services.
    ---------------------------------------------------------------------------
        \6\ 12 U.S.C. 635n.
            b. Establishing the Export Expansion Advisory Committee

      Executive Order 11420, July 31, 1968, 33 F.R. 10997, 12 U.S.C. 635j
                                      note

    Whereas foreign trade is an essential and continuing element in
        sustaining the growth, strength, and prosperity of our
        economy, contributes to the improvement of our balance of
        payments, and fosters the long-term commercial interest of
        the United States; and
    Whereas, on March 20, 1968, I requested the Congress to empower
        the Export-Import Bank of the United States to use up to
        $500,000,000 of its loan, guarantee, and insurance
        authority to finance a broadened program to sell American
        goods in foreign markets; and
    Whereas the Congress has authorized the Bank to extend loans,
        guarantees, and insurance which, in the judgment of the
        Board of Directors of the Bank, offer sufficient likelihood
        of repayment to justify the Bank's support in order to
        actively foster the foreign trade and long-term commercial
        interest of the United States; and
    Whereas it is desirable and appropriate that guidance
        concerning the commercial interests and the balance of
        payments objectives of the United States be provided to the
        Board of Directors of the Bank in the use of such loan,
        guarantee, and insurance authority allocated to finance
        export expansion, and I have stated that I would establish
        an Export Expansion Advisory Committee to provide such
        guidance to the Board of Directors of the Bank:
    Now, therefore, by virtue of the authority vested in me as
        President of the United States, it is ordered as follows:

        Section 1. Establishment of Advisory Committee. (a) There
    is hereby established the Export Expansion Advisory Committee
    (hereinafter referred to as ``the Committee'').
        (b) The Committee shall be composed of the following
    members: the Secretary of Commerce, who shall be Chairman of
    the Committee, the Secretary of the Treasury, the Secretary of
    State, and the President and Chairman of the Board of the
    Export-Import Bank of the United States.
        Sec. 2. Functions of the Committee. The Committee shall
    review and make recommendations concerning applications and
    proposals for loans, guarantees, and insurance to be charged
    against allocations made to finance export expansion and shall
    provide guidance to the Board of Directors of the Bank
    concerning the use of such allocations with the view to
    fostering the foreign trade and long-term commercial interest
    of the United States.
        Sec. 3. Construction. Nothing in this order shall be
    construed to abrogate, modify, or restrict any function vested
    by law in, or assigned pursuant to law to, any Federal agency,
    or any officer thereof or to any Federal interagency council or
    committee. As used herein the term ``any Federal agency''
    includes any executive department and any other executive
    agency.
                            4. Export Administration

                    a. Export Administration Act of 1979 \1\

    Public Law 96-72 [S. 737], 93 Stat. 503, approved September 29, 1979;
        as amended by Public Law 96-533 [International Security and
        Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131,
        approved December 16, 1980; Public Law 97-145 [Export
        Administration Act of 1981; H.R. 3567], 95 Stat. 1727, approved
        December 29, 1981; Public Law 98-108 [H.R. 3962], 97 Stat. 744,
        approved October 1, 1983; Public Law 98-207 [H.R. 4476], 97 Stat.
        1391, approved December 5, 1983; Public Law 98-222 [H.R. 4956], 98
        Stat. 36, approved February 29, 1984; Public Law 99-64 [Export
        Administration Amendments Act of 1985; S. 883], 99 Stat. 120,
        approved July 12, 1985; Public Law 99-399 [Omnibus Diplomatic
        Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853,
        approved August 27, 1986; Public Law 99-633 [S. 2245], 100 Stat.
        3522, approved November 7, 1986; Public Law 100-418 [Omnibus Trade
        and Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107,
        approved August 23, 1988; Public Law 100-449 [United States-Canada
        Free-Trade Agreement Implementation Act of 1988; H.R. 5090], 102
        Stat. 1851, approved September 28, 1988; Public Law 101-222 [Anti-
        Terrorism and Arms Export Amendments Act of 1989; H.R. 91], 103
        Stat. 1892, approved December 12, 1989; Public Law 101-510
        [National Defense Authorization Act for Fiscal Year 1991; H.R.
        4739], 104 Stat. 1485, approved November 5, 1990; Public Law 102-
        138 [Foreign Relations Authorization Act, Fiscal Years 1992 and
        1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public
        Law 102-182 [H.R. 1724], 105 Stat. 1233, approved December 4, 1991;
        Public Law 103-10 [H.R. 750], 107 Stat. 40, approved March 27,
        1993; Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat.
        2317, approved December 17, 1993; Public Law 103-236 [Foreign
        Relations Authorization Act, Fiscal Years 1994 and 1995; H.R.
        2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-277
        [H.R. 4635], 108 Stat. 1407, approved July 5, 1994; Public Law 104-
        316 [General Accounting Office Act of 1996; H.R. 3864], 110 Stat.
        3826, approved October 19, 1996; Public Law 105-277 [Omnibus
        Consolidated and Emergency Supplemental Appropriations Act, 1999;
        H.R. 4328], 111 Stat. 2681, approved October 21, 1998; Public Law
        106-508 [H.R. 5239], 114 Stat. 2360, approved November 13, 2000;
        and Public Law 108-458 [Intelligence Reform and Terrorism
        Prevention Act of 2004; S. 2845], 118 Stat. 3638, approved December
        17, 2004

              Note.--The Export Administration Act of 1979 replaced
            the Export Administration Act of 1969, as amended,
            which expired on September 30, 1979. The Export
            Administration Amendments Act of 1985 [Public Law 99-
            64; 99 Stat. 120] comprehensively amended the Export
            Administration Act of 1979.

        AN ACT To provide authority to regulate exports, to improve the
    efficiency of export regulation, and to minimize interference with the
                         ability to engage in commerce.

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

                                  short title

        Section 1.\1\ This Act may be cited as the ``Export
    Administration Act of 1979''.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. app. 2401 note.
    ---------------------------------------------------------------------------

                                    findings

        Sec. 2.\2\ The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. app. 2401.
    ---------------------------------------------------------------------------
              (1) The ability of the United States citizens to
            engage in international commerce is a fundamental
            concern of United States policy.
              (2) Exports contribute significantly to the economic
            well-being of the United States and the stability of
            the world economy by increasing employment and
            production in the United States, and by earning foreign
            exchange, thereby contributing favorably to the trade
            balance. The restriction of exports from the United
            States can have serious adverse effects on the balance
            of payments and on domestic employment, particularly
            when restrictions applied by the United States are more
            extensive than those imposed by other countries.
              (3) It is important for the national interest of the
            United States that both the private sector and the
            Federal Government place a high priority on exports,
            consistent with the economic, security, and foreign
            policy objectives of the United States.
              (4) The availability of certain materials at home and
            abroad varies so that the quantity and composition of
            United States exports and their distribution among
            importing countries may affect the welfare of the
            domestic economy and may have an important bearing upon
            fulfillment of the foreign policy of the United States.
              (5) Exports of goods or technology without regard to
            whether they make a significant contribution to the
            military potential of individual countries or
            combinations of countries may adversely affect the
            national security of the United States.
              (6) Uncertainty of export control policy can inhibit
            the efforts of United States business and work to the
            detriment of the overall attempt to improve the trade
            balance of the United States.
              (7) Unreasonable restrictions on access to world
            supplies can cause worldwide political and economic
            instability, interfere with free international trade,
            and retard the growth and development of nations.
              (8) It is important that the administration of export
            controls imposed for national security purposes give
            special emphasis to the need to control exports of
            technology (and goods which contribute significantly to
            the transfer of such technology) which could make a
            significant contribution to the military potential of
            any country or combination of countries which would be
            detrimental to the national security of the United
            States.
              (9) Minimization of restrictions on exports of
            agricultural commodities and products is of critical
            importance to the maintenance of a sound agricultural
            sector, to a positive contribution to the balance of
            payments, to reducing the level of Federal expenditures
            for agricultural support programs, and to United States
            cooperation in efforts to eliminate malnutrition and
            world hunger.
              (10) It is important that the administration of
            export controls imposed for foreign policy purposes
            give special emphasis to the need to control exports of
            goods and substances hazardous to the public health and
            the environment which are banned or severely restricted
            for use in the United States, and which, if exported,
            could affect the international reputation of the United
            States as a responsible trading partner.
              (11) \3\ Availability to controlled countries of
            goods and technology from foreign sources is a
            fundamental concern of the United States and should be
            eliminated through negotiations and other appropriate
            means whenever possible.
    ---------------------------------------------------------------------------
        \3\ Sec. 201(a) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2320) struck out para. (11), and redesignated paras. (12) and
    (13) as paras. (11) and (12), respectively. Para. (11) formerly read as
    follows:
        ``(11) The acquisition of national security sensitive goods and
    technology by the Soviet Union and other countries the actions or
    policies of which run counter to the national security interests of the
    United States, has led to the significant enhancement of Soviet bloc
    military-industrial capabilities. This enhancement poses a threat to
    the security of the United States, its allies, and other friendly
    nations, and places additional demands on the defense budget of the
    United States.''.
    ---------------------------------------------------------------------------
              (12) \3\ Excessive dependence of the United States,
            its allies, or countries sharing common strategic
            objectives with the United States, on energy and other
            critical resources from potential adversaries can be
            harmful to the mutual and individual security of all
            those countries.

                             declaration of policy

        Sec. 3.\4\ The Congress makes the following declarations:
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. app. 2402.
    ---------------------------------------------------------------------------
              (1) It is the policy of the United States to minimize
            uncertainties in export control policy and to encourage
            trade with all countries with which the United States
            has diplomatic or trading relations, except those
            countries with which such trade has been determined by
            the President to be against the national interest.
              (2) It is the policy of the United States to use
            export controls only after full consideration of the
            impact on the economy of the United States and only to
            the extent necessary--
                      (A) \5\ to restrict the export of goods and
                    technology which would make a significant
                    contribution to the military potential of any
                    other country or combination of countries which
                    would prove detrimental to the national
                    security of the United States;
    ---------------------------------------------------------------------------
        \5\ Sec. 1701 of the National Defense Authorization Act for Fiscal
    Year 1991 (Public Law 101-510; 104 Stat. 1738) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1701. policy.
    ---------------------------------------------------------------------------

        ``It should be the policy of the United States to take all
    appropriate measures--
    ---------------------------------------------------------------------------

      ``(1) to discourage the proliferation, development, and production of the
    weapons, material, and technology necessary to produce or acquire missiles
    that can deliver weapons of mass destruction;

      ``(2) to discourage countries and private persons in other countries from
    aiding and abetting any states from acquiring such weapons, material, and
    technology;

      ``(3) to strengthen United States and existing multilateral export
    controls to prohibit the flow of materials, equipment, and technology that
    would assist countries in acquiring the ability to produce or acquire
    missiles that can deliver weapons of mass destruction, including missiles,
    warheads and weaponization technology, targeting technology, test and
    evaluation technology, and range and weapons effect measurement technology;
    and

      ``(4) with respect to the Missile Technology Control Regime (`MTCR') and
    its participating governments--

      ``(A) to improve enforcement and seek a common and stricter
    interpretation among MTCR members of MTCR principles;

      ``(B) to increase the number of countries that adhere to the MTCR; and

      ``(C) to increase information sharing among United States agencies and
    among governments on missile technology transfer, including export
    licensing, and enforcement activities.''.

                      (B) to restrict the export of goods and
                    technology where necessary to further
                    significantly the foreign policy of the United
                    States or to fulfill its declared international
                    obligations; and
                      (C) to restrict the export of goods where
                    necessary to protect the domestic economy from
                    the excessive drain of scarce materials and to
                    reduce the serious inflationary impact of
                    foreign demand.
              (3) It is the policy of the United States (A) to
            apply any necessary controls to the maximum extent
            possible in cooperation with all nations, and (B) to
            encourage observance of a uniform export control policy
            by all nations with which the United States has defense
            treaty commitments or common strategic objectives.
              (4) It is the policy of the United States to use its
            economic resources and trade potential to further the
            sound growth and stability of its economy as well as to
            further its national security and foreign policy
            objectives.
              (5) It is the policy of the United States--
                      (A) to oppose restrictive trade practices or
                    boycotts fostered or imposed by foreign
                    countries against other countries friendly to
                    the United States or against any United States
                    person;
                      (B) to encourage and, in specified cases,
                    require United States persons engaged in the
                    export of goods or technology or other
                    information to refuse to take actions,
                    including furnishing information or entering
                    into or implementing agreements, which have the
                    effect of furthering or supporting the
                    restrictive trade practices or boycotts
                    fostered or imposed by any foreign country
                    against a country friendly to the United States
                    or against any United States person; and
                      (C) to foster international cooperation and
                    the development of international rules and
                    institutions to assure reasonable access to
                    world supplies.
              (6) It is the policy of the United States that the
            desirability of subjecting, or continuing to subject,
            particular goods or technology or other information to
            United States export controls should be subjected to
            review by and consultation with representatives of
            appropriate United States Government agencies and
            private industry.
              (7) It is the policy of the United States to use
            export controls, including license fees, to secure the
            removal by foreign countries of restrictions on access
            to supplies where such restrictions have or may have a
            serious domestic inflationary impact, have caused or
            may cause a serious domestic shortage, or have been
            imposed for purposes of influencing the foreign policy
            of the United States. In effecting this policy, the
            President shall make reasonable and prompt efforts to
            secure the removal or reduction of such restrictions,
            policies, or actions through international cooperation
            and agreement before imposing export controls. No
            action taken in fulfillment of the policy set forth in
            this paragraph shall apply to the export of medicine or
            medical supplies.
              (8) It is the policy of the United States to use
            export controls to encourage other countries to take
            immediate steps to prevent the use of their territories
            or resources to aid, encourage, or give sanctuary to
            those persons involved in directing, supporting, or
            participating in acts of international terrorism. To
            achieve this objective, the President shall make
            reasonable and prompt efforts to secure the removal or
            reduction of such assistance to international
            terrorists through international cooperation and
            agreement before imposing export controls.
              (9) It is the policy of the United States to
            cooperate with other countries with which the United
            States has defense treaty commitments or common
            strategic objectives in restricting the export of goods
            and technology which would make a significant
            contribution to the military potential of any country
            or combination of countries which would prove
            detrimental to the security of the United States and of
            those countries with which the United States has
            defense treaty commitments, or common strategic
            objectives, and to encourage other friendly countries
            to cooperate in restricting the sale of goods and
            technology that can harm the security of the United
            States.
              (10) It is the policy of the United States that
            export trade by United States citizens be given a high
            priority and not be controlled except when such
            controls (A) are necessary to further fundamental
            national security, foreign policy, or short supply
            objectives, (B) will clearly further such objectives,
            and (C) are administered consistent with basic
            standards of due process.
              (11) It is the policy of the United States to
            minimize restrictions on the export of agricultural
            commodities and products.
              (12) It is the policy of the United States to sustain
            vigorous scientific enterprise. To do so involves
            sustaining the ability of scientists and other scholars
            freely to communicate research findings, in accordance
            with applicable provisions of law, by means of
            publication, teaching, conferences, and other forms of
            scholarly exchange.
              (13) It is the policy of the United States to control
            the export of goods and substances banned or severely
            restricted for use in the United States in order to
            foster public health and safety and to prevent injury
            to the foreign policy of the United States as well as
            to the credibility of the United States as a
            responsible trading partner.
              (14) It is the policy of the United States to
            cooperate with countries which are allies of the United
            States and countries which share common strategic
            objectives with the United States in minimizing
            dependence on imports of energy and other critical
            resources from potential adversaries and in developing
            alternative supplies of such resources in order to
            minimize strategic threats posed by excessive hard
            currency earnings derived from such resource exports by
            countries with policies adverse to the security
            interests of the United States.\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 201(b)(2) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2321) repealed para. (15) which formerly read as follows:
        ``(15) It is the policy of the United States, particularly in light
    of the Soviet massacre of innocent men, women, and children aboard
    Korean Air Lines flight 7, to continue to object to exceptions to the
    International Control List for the Union of Soviet Socialist Republics,
    subject to periodic review by the President.''.
        Congress stated findings in support of this repeal at sec.
    201(b)(1) of Public Law 103-199 (107 Stat. 2320; 50 U.S.C. app. 2402
    note).
    ---------------------------------------------------------------------------

                               general provisions

        Sec. 4.\7\ (a) Types of Licenses.--Under such conditions as
    may be imposed by the Secretary which are consistent with the
    provisions of this Act, the Secretary may require any of the
    following types of export licenses:
    ---------------------------------------------------------------------------
        \7\ 50 U.S.C. app. 2403.
    ---------------------------------------------------------------------------
              (1) A validated license, authorizing a specific
            export, issued pursuant to an application by the
            exporter.
              (2) Validated licenses authorizing multiple exports,
            issued pursuant to an application by the exporter, in
            lieu of an individual validated license for each such
            export, including, but not limited to, the following:
                      (A) A distribution license, authorizing
                    exports of goods to approved distributors or
                    users of the goods in countries other than
                    controlled countries, except that the Secretary
                    may establish a type of distribution license
                    appropriate for consignees in the People's
                    Republic of China.\9\ The Secretary shall grant
                    the distribution license primarily on the basis
                    of the reliability of the applicant and foreign
                    consignees with respect to the prevention of
                    diversion of goods to controlled countries. The
                    Secretary shall have the responsibility of
                    determining, with the assistance of all
                    appropriate agencies, the reliability of
                    applicants and their immediate consignees. The
                    Secretary's determination shall be based on
                    appropriate investigations of each applicant
                    and periodic reviews of licensees and their
                    compliance with the terms of licenses issued
                    under this Act. Factors such as the applicant's
                    products or volume of business, or the
                    consignees' geographic location, sales
                    distribution area, or degree of foreign
                    ownership, which may be relevant with respect
                    to individual cases, shall not be determinative
                    in creating categories or general criteria for
                    the denial of applications or withdrawal of a
                    distribution license.
    ---------------------------------------------------------------------------
        \8\ Sec. 2412(1) of Public Law 100-418 (102 Stat. 1347) inserted
    ``, except that the Secretary may establish a type of distribution
    license appropriate for consignees in the People's Republic of China''.
    ---------------------------------------------------------------------------
                      (B) A comprehensive operations license,
                    authorizing exports and reexports of technology
                    and related goods, including items from the
                    list of militarily critical technologies
                    developed pursuant to section 5(d) of this Act
                    which are included on the control list in
                    accordance with that section, from a domestic
                    concern to and among its foreign subsidiaries,
                    affiliates, joint venturers, and licensees that
                    have long-term, contractually defined relations
                    with the exporter, are located in countries
                    other than controlled countries, (except the
                    People's Republic of China) \9\ and are
                    approved by the Secretary. The Secretary shall
                    grant the license to manufacturing, laboratory,
                    or related operations on the basis of approval
                    of the exporter's systems of control, including
                    internal proprietary controls, applicable to
                    the technology and related goods to be exported
                    rather than approval of individual export
                    transactions. The Secretary and the
                    Commissioner of Customs, consistent with their
                    authorities under section 12(a) of this Act,
                    and with the assistance of all appropriate
                    agencies, shall periodically, but not less
                    frequently than annually, perform audits of
                    licensing procedures under this subparagraph in
                    order to assure the integrity and effectiveness
                    of those procedures.
    ---------------------------------------------------------------------------
        \9\ Sec. 2412(2) of Public Law 100-418 (102 Stat. 1347) inserted
    ``(except the People's Republic of China)''.
    ---------------------------------------------------------------------------
                      (C) A project license, authorizing exports of
                    goods or technology for a specified activity.
                      (D) A service supply license, authorizing
                    exports of spare or replacement parts for goods
                    previously exported.
              (3) A general license, authorizing exports, without
            application by the exporter.
              (4) Such other licenses as may assist in the
            effective and efficient implementation of this Act.
        (b) Control List.--The Secretary shall establish and
    maintain a list (hereinafter in this Act referred to as the
    ``control list'') stating license requirements (other than for
    general licenses) for exports of goods and technology under
    this Act.
        (c) Foreign Availability.--In accordance with the
    provisions of this Act, the President shall not impose export
    controls for foreign policy or national security purposes on
    the export from the United States of goods or technology which
    he determines are available without restriction from sources
    outside the United States in sufficient quantities and
    comparable in quality to those produced in the United States,
    so as to render the controls ineffective in achieving their
    purposes unless the President determines that adequate evidence
    has been presented to him demonstrating that the absence of
    such controls would prove detrimental to the foreign policy or
    national security of the United States. In complying with the
    provisions of this subsection, the President shall give strong
    emphasis to bilateral or multilateral negotiations to eliminate
    foreign availability. The Secretary and the Secretary of
    Defense shall cooperate in gathering information relating to
    foreign availability, including the establishment and
    maintenance of a jointly operated computer system.
        (d) Right of Export.--No authority or permission to export
    may be required under this Act, or under regulations issued
    under this Act, except to carry out the policies set forth in
    section 3 of this Act.
        (e) Delegation of Authority.--The President may delegate
    the power, authority, and discretion conferred upon him by this
    Act to such departments, agencies, or officials of the
    Government as he may consider appropriate, except that no
    authority under this Act may be delegated to, or exercised by,
    any official of any department or agency the head of which is
    not appointed by the President, by and with the advice and
    consent of the Senate. The President may not delegate or
    transfer his power, authority, and discretion to overrule or
    modify any recommendation or decision made by the Secretary,
    the Secretary of Defense, or the Secretary of State pursuant to
    the provisions of this Act.
        (f) Notification of the Public; Consultation With
    Business.--The Secretary shall keep the public fully apprised
    of changes in export control policy and procedures instituted
    in conformity with this Act with a view to encouraging trade.
    The Secretary shall meet regularly with representatives of a
    broad spectrum of enterprises, labor organizations, and
    citizens interested in or affected by export controls, in order
    to obtain their views on United States export control policy
    and the foreign availability of goods and technology.
      (g) \10\ Fees.--No fee may be charged in connection with the
    submission or processing of an export license application.
    ---------------------------------------------------------------------------
        \10\ Sec. 2411 of the Omnibus Trade and Competitiveness Act of 1988
    (Public Law 100-418; 102 Stat. 1347) added subsec. (g).
    ---------------------------------------------------------------------------

                           national security controls

        Sec. 5.\11\ (a) Authority.--(1) In order to carry out the
    policy set forth in section 3(2)(A) of this Act, the President
    may, in accordance with the provisions of this section,
    prohibit or curtail the export of any goods or technology
    subject to the jurisdiction of the United States or exported by
    any person subject to the jurisdiction of the United States.
    The authority contained in this subsection includes the
    authority to prohibit or curtail the transfer of goods or
    technology within the United States to embassies and affiliates
    of controlled countries. For purposes of the preceding
    sentence, the term ``affiliates'' includes both governmental
    entities and commercial entities that are controlled in fact by
    controlled countries.\12\ The authority contained in this
    subsection shall be exercised by the Secretary, in consultation
    with the Secretary of Defense, and such other departments and
    agencies as the Secretary considers appropriate, and shall be
    implemented by means of export licenses described in section
    4(a) of this Act.
    ---------------------------------------------------------------------------
        \11\ 50 U.S.C. app. 2404.
        \12\ Sec. 2413 of Public Law 100-418 (102 Stat. 1347) inserted
    ``For purposes of the preceding sentence, the term `affiliates'
    includes both governmental entities and commercial entities that are
    controlled in fact by controlled countries.''.
    ---------------------------------------------------------------------------
        (2) Whenever the Secretary makes any revision with respect
    to any goods or technology, or with respect to the countries or
    destinations, affected by export controls imposed under this
    section, the Secretary shall publish in the Federal Register a
    notice of such revision and shall specify in such notice that
    the revision relates to controls imposed under the authority
    contained in this section.
        (3) In issuing regulations to carry out this section,
    particular attention shall be given to the difficulty of
    devising effective safeguards to prevent a country that poses a
    threat to the security of the United States from diverting
    critical technologies to military use, the difficulty of
    devising effective safeguards to protect critical goods, and
    the need to take the effective measures to prevent the reexport
    of critical technologies from other countries to countries that
    pose a threat to the security of the United States.
      (4) \13\ (A) No authority or permission may be required under
    this section to reexport any goods or technology subject to the
    jurisdiction of the United States to any country which
    maintains export controls on such goods or technology
    cooperatively with the United States pursuant to the agreement
    of the group known as the Coordinating Committee, or pursuant
    to an agreement described in subsection (k) of this section.
    The Secretary may require any person reexporting any goods or
    technology under this subparagraph to notify the Secretary of
    such reexports.
    ---------------------------------------------------------------------------
        \13\ Sec. 2414 of Public Law 100-418 (102 Stat. 1347) added para.
    (4).
    ---------------------------------------------------------------------------
      (B) Notwithstanding subparagraph (A), the Secretary may
    require authority or permission to reexport the following:
              (i) supercomputers;
              (ii) goods or technology for sensitive nuclear uses
            (as defined by the Secretary);
              (iii) devices for surreptitious interception of wire
            or oral communications; and
              (iv) goods or technology intended for such end users
            as the Secretary may specify by regulation.
      (5)(A) Except as provided in subparagraph (B), no authority
    or permission may be required under this section to reexport
    any goods or technology subject to the jurisdiction of the
    United States from any country when the goods or technology to
    be reexported are incorporated in another good and--
              (i) the value of the controlled United States content
            of that other good is 25 percent or less of the total
            value of the good; or
              (ii) the export of the goods or technology to a
            controlled country would require only notification of
            the participating governments of the Coordinating
            Committee.
    For purposes of this paragraph, the ``controlled United States
    content'' of a good means those goods or technology subject to
    the jurisdiction of the United States which are incorporated in
    the good, if the export of those goods or technology from the
    United States to a country, at the time that the good is
    exported to that country, would require a validated license.
      (B) The Secretary may by regulation provide that subparagraph
    (A) does not apply to the reexport of a supercomputer which
    contains goods or technology subject to the jurisdiction of the
    United States.
      (6) Not later than 90 days after the date of the enactment of
    this paragraph, the Secretary shall issue regulations to carry
    out paragraphs (4) and (5). Such regulations shall define the
    term `supercomputer' for purposes of those paragraphs.
        (b) Policy Toward Individual Countries.--(1) \14\ In
    administering export controls for national security purposes
    under this section, the President shall establish as a list of
    controlled countries those countries set forth in section
    620(f) of the Foreign Assistance Act of 1961, except that the
    President may add any country to or remove any country from
    such list of controlled countries if he determines that the
    export of goods or technology to such country would or would
    not (as the case may be) make a significant contribution to the
    military potential of such country or a combination of
    countries which would prove detrimental to the national
    security of the United States. In determining whether a country
    is added to or removed from the list of controlled countries,
    the President shall take into account--
    ---------------------------------------------------------------------------
        \14\ Sec. 2425(b) of Public Law 100-418 (102 Stat. 1360) required
    the following:
        ``(b) Report by Secretaries of Commerce and Defense.--The Secretary
    of Commerce and the Secretary of Defense shall each evaluate and, not
    later than 4 months after the date of the enactment of this Act [August
    23, 1988], shall jointly prepare and submit a report to the Committee
    on Foreign Affairs of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate on the review by the
    Department of Defense, for national security purposes as provided in
    the Export Administration Act of 1979, of export license applications
    for exports to countries other than controlled countries under section
    5(b)(1) of that Act.''.
    ---------------------------------------------------------------------------
              (A) the extent to which the country's policies are
            adverse to the national security interests of the
            United States;
              (B) the country's Communist or non-Communist status;
              (C) the present and potential relationship of the
            country with the United States;
              (D) the present and potential relationship of the
            country with countries friendly or hostile to the
            United States;
              (E) the country's nuclear weapons capability and the
            country's compliance record with respect to
            multilateral nuclear weapons agreements to which the
            United States is a party; and
              (F) such other factors as the President considers
            appropriate.
    Nothing in the preceding sentence shall be interpreted to limit
    the authority of the President provided in this Act to prohibit
    or curtail the export of any goods or technology to any country
    to which exports are controlled for national security purposes
    other than countries on the list of controlled countries
    specified in this paragraph. The President shall review not
    less frequently than every three years in the case of controls
    maintained cooperatively with other nations, and annually in
    the case of all other controls, United States policy toward
    individual countries to determine whether such policy is
    appropriate in light of the factors set forth in this
    paragraph.
      (2) \15\ (A) Except as provided in subparagraph (B), no
    authority or permission may be required under this section to
    export goods or technology to a country which maintains export
    controls on such goods or technology cooperatively with the
    United States pursuant to the agreement of the group known as
    the Coordinating Committee or pursuant to an agreement
    described in subsection (k) of this section, if the export of
    such goods or technology to the People's Republic of China or a
    controlled country on the date of the enactment of the Export
    Enhancement Act of 1988 would require only notification of the
    participating governments of the Coordinating Committee.
    ---------------------------------------------------------------------------
        \15\ Sec. 2415(a) of Public Law 100-418 (102 Stat. 1348) amended
    and restated para. (2).
    ---------------------------------------------------------------------------
      (B)(i) The Secretary may require a license for the export of
    goods or technology described in subparagraph (A) to such end
    users as the Secretary may specify by regulation.
      (ii) The Secretary may require any person exporting goods or
    technology under this paragraph to notify the Secretary of
    those exports.
      (C) The Secretary shall, within 3 months after the date of
    the enactment of the Export Enhancement Act of 1988, determine
    which countries referred to in subparagraph (A) are
    implementing an effective export control system consistent with
    principles agreed to in the Coordinating Committee, including
    the following:
              (i) national laws providing appropriate civil and
            criminal penalties and statutes of limitations
            sufficient to deter potential violations;
              (ii) a program to evaluate export license
            applications that includes sufficient technical
            expertise to assess the licensing status of exports and
            ensure the reliability of end-users;
              (iii) an enforcement mechanism that provides
            authority for trained enforcement officers to
            investigate and prevent illegal exports;
              (iv) a system of export control documentation to
            verify the movement of goods and technology; and
              (v) procedures for the coordination and exchange of
            information concerning violations of the agreement of
            the Coordinating Committee.
    The Secretary shall, at least once each year, review the
    determinations made under the preceding sentence with respect
    to all countries referred to in subparagraph (A). The Secretary
    may, as appropriate, add countries to, or remove countries
    from, the list of countries that are implementing an effective
    export control system in accordance with this subparagraph. No
    authority or permission to export may be required for the
    export of goods or technology to a country on such list.
      (3)(A) \16\ No authority or permission may be required under
    this section to export to any country, other than a controlled
    country, any goods or technology if the export of the goods or
    technology to controlled countries would require only
    notification of the participating governments of the
    Coordinating Committee.
    ---------------------------------------------------------------------------
        \16\ Sec. 2415(b) of Public Law 100-418 (102 Stat. 1349) added
    para. 3.
    ---------------------------------------------------------------------------
      (B) The Secretary may require any person exporting any goods
    or technology under subparagraph (A) to notify the Secretary of
    those exports.
        (c) Control List.--(1) The Secretary shall establish and
    maintain, as part of the control list, a list of all goods and
    technology subject to export controls under this section. Such
    goods and technology shall be clearly identified as being
    subject to controls under this section.
        (2) The Secretary of Defense and other appropriate
    departments and agencies shall identify goods and technology
    for inclusion on the list referred to in paragraph (1). Those
    items which the Secretary and the Secretary of Defense concur
    shall be subject to export controls under this section shall
    comprise such list. If the Secretary and the Secretary of
    Defense are unable to concur on such items, as determined by
    the Secretary, the Secretary of Defense may, within 20 days
    after receiving notification of the Secretary's determination,
    refer the matter to the President for resolution. The Secretary
    of Defense shall notify the Secretary of any such referral. The
    President shall, not later than 20 days after such referral,
    notify the Secretary of his determination with respect to the
    inclusion of such items on the list. Failure of the Secretary
    of Defense to notify the President or the Secretary, or failure
    of the President to notify the Secretary, in accordance with
    this paragraph, shall be deemed by the Secretary to constitute
    concurrence in the implementation of the actions proposed by
    the Secretary regarding the inclusion of such items on the
    list.\17\
    ---------------------------------------------------------------------------
        \17\ Sec. 2416(a) of Public Law 100-418 (102 Stat. 1349) struck out
    ``If the Secretary and the Secretary of Defense are unable to concur on
    such items, the matter shall be referred to the President for
    resolution.'' and inserted in lieu thereof the final four sentences of
    para. (2).
    ---------------------------------------------------------------------------
      (3) \18\ The Secretary shall conduct partial reviews of the
    list established pursuant to this subsection at least once each
    calendar quarter in order to carry out the policy set forth in
    section 3(2)(A) of this Act and the provisions of this section,
    and shall promptly make such revisions of the list as may be
    necessary after each such review. Before beginning each
    quarterly review, the Secretary shall publish notice of that
    review in the Federal Register. The Secretary shall provide a
    30-day period during each review for comment and the submission
    of data, with or without oral presentation, by interested
    Government agencies and other affected or potentially affected
    parties. After consultation with appropriate Government
    agencies, the Secretary shall make a determination of any
    revisions in the list within 30 days after the end of the
    review period. The concurrence or approval of any other
    department or agency is not required before any such revision
    is made. The Secretary shall publish in the Federal Register
    any revisions in the list, with an explanation of the reasons
    for the revisions. The Secretary shall use the data developed
    from each review in formulating United States proposals
    relating to multilateral export controls in the group known as
    the Coordinating Committee. The Secretary shall further assess,
    as part of each review, the availability from sources outside
    the United States of goods and technology comparable to those
    subject to export controls imposed under this section. All
    goods and technology on the list shall be reviewed at least
    once each year. The provisions of this paragraph apply to
    revisions of the list which consist of removing items from the
    list or making changes in categories of, or other
    specifications in, items on the list.
    ---------------------------------------------------------------------------
        \18\ Sec. 2416(b) of Public Law 100-418 (102 Stat. 1349) amended
    and restated para. (3).
    ---------------------------------------------------------------------------
      (4) \19\ The appropriate technical advisory committee
    appointed under subsection (h) of this section shall be
    consulted by the Secretary with respect to changes, pursuant to
    paragraph (2) or (3), in the list established pursuant to this
    subsection, and such technical advisory committee may submit
    recommendations to the Secretary with respect to such changes.
    The Secretary shall consider the recommendations of the
    technical advisory committee and shall inform the committee of
    the disposition of its recommendations.
    ---------------------------------------------------------------------------
        \19\ Sec. 2416(b)(3) of Public Law 100-418 (102 Stat. 1350) added
    para. (4).
    ---------------------------------------------------------------------------
      (5) \20\ (A) Not later than 6 months after the date of the
    enactment of this paragraph, the following shall no longer be
    subject to export controls under this section:
    ---------------------------------------------------------------------------
        \20\ Sec. 2416(c) of Public Law 100-418 (102 Stat. 1350) added
    paras. (5) and (6).
    ---------------------------------------------------------------------------
              (i) All goods or technology the export of which to
            controlled countries on the date of the enactment of
            the Export Enhancement Act of 1988 would require only
            notification of the participating governments of the
            Coordinating Committee, except for those goods or
            technology on which the Coordinating Committee agrees
            to maintain such notification requirement.
              (ii) All medical instruments and equipment, subject
            to the provisions of subsection (m) of this section.
      (B) The Secretary shall submit to the Congress annually a
    report setting forth the goods and technology from which export
    controls have been removed under this paragraph.
      (6) \20\ (A) Notwithstanding subsection (f) or (h)(6) of this
    section, any export control imposed under this section which is
    maintained unilaterally by the United States shall expire 6
    months after the date of the enactment of this paragraph, or 6
    months after the export control is imposed, whichever date is
    later, except that--
              (i) any such export controls on those goods or
            technology for which a determination of the Secretary
            that there is no foreign availability has been made
            under subsection (f) or (h)(6) of this section before
            the end of the applicable 6-month period and is in
            effect may be renewed for periods of not more than 6
            months each, and
              (ii) any such export controls on those goods or
            technology with respect to which the President, by the
            end of the applicable 6-month period, is actively
            pursuing negotiations with other countries to achieve
            multilateral export controls on those goods or
            technology may be renewed for 2 periods of not more
            than 6 months each.
      (B) Export controls on goods or technology described in
    clause (i) or (ii) of subparagraph (A) may be renewed only if,
    before each renewal, the President submits to the Congress a
    report setting forth all the controls being renewed and stating
    the specific reasons for such renewal.
      (7) \21\ Notwithstanding any other provision of this
    subsection, after 1 year has elapsed since the last review in
    the Federal Register on any item within a category on the
    control list the export of which to the People's Republic of
    China would require only notification of the members of the
    group known as the Coordinating Committee, an export license
    applicant may file an allegation with the Secretary that such
    item has not been so reviewed within such 1-year period. Within
    90 days after receipt of such allegation, the Secretary--
    ---------------------------------------------------------------------------
        \21\ Sec. 2416(c)(3) of Public Law 100-418 (102 Stat. 1351) added
    para. (7).
    ---------------------------------------------------------------------------
              (A) shall determine the truth of the allegation;
              (B) shall, if the allegation is confirmed, commence
            and complete the review of the item; and
              (C) shall, pursuant to such review, submit a finding
            for publication in the Federal Register.
    In such finding, the Secretary shall identify those goods or
    technology which shall remain on the control list and those
    goods or technology which shall be removed from the control
    list. If such review and submission for publication are not
    completed within that 90-day period, the goods or technology
    encompassed by such item shall immediately be removed from the
    control list.
        (d) Militarily Critical Technologies.--(1) The Secretary,
    in consultation with the Secretary of Defense, shall review and
    revise the list established pursuant to subsection (c), as
    prescribed in paragraph (3) of such subsection, for the purpose
    of insuring that export controls imposed under this section
    cover and (to the maximum extent consistent with the purposes
    of this Act) are limited to militarily critical goods and
    technologies and the mechanisms through which such goods and
    technologies may be effectively transferred.
        (2) The Secretary of Defense shall bear primary
    responsibility for developing a list of militarily critical
    technologies. In developing such list, primary emphasis shall
    be given to--
              (A) arrays of design and manufacturing know-how.
              (B) keystone manufacturing, inspection, and test
            equipment,
              (C) goods accompanied by sophisticated operation,
            application, or maintenance know-how; and
              (D) keystone equipment which would reveal or give
            insight into the design and manufacture of a United
            States military system,
    which are not possessed by, or available in fact from sources
    outside the United States to, controlled countries and which,
    if exported, would permit a significant advance in a military
    system of any such country.
        (3) The list referred to in paragraph (2) shall be
    sufficiently specific to guide the determinations of any
    official exercising export licensing responsibilities under
    this Act.
        (4) The Secretary and the Secretary of Defense shall
    integrate items on the list of militarily critical technologies
    into the control list in accordance with the requirements of
    subsection (c) of this section. The integration of items on the
    list of militarily critical technologies into the control list
    shall proceed with all deliberate speed. Any disagreement
    between the Secretary and the Secretary of Defense regarding
    the integration of an item on the list of militarily critical
    technologies into the control list shall be resolved by the
    President. Except in the case of a good or technology for which
    a validated license may be required under subsection (f)(4) or
    (h)(6) of this section, a good or technology shall be included
    on the control list only if the Secretary finds that controlled
    countries do not possess that good or technology, or a
    functionally equivalent good or technology, and the good or
    technology or functionally equivalent good or technology, is
    not available in fact to a controlled country from sources
    outside the United States in sufficient quantity and of
    comparable quality so that the requirement of a validated
    license for the export of such good or technology is or would
    be ineffective in achieving the purpose set forth in subsection
    (a) of this section. The Secretary and the Secretary of Defense
    shall jointly submit a report to the Congress, not later than 1
    year after the date of the enactment of the Export
    Administration Amendments Act of 1985, on actions taken to
    carry out this paragraph. For the purposes of this paragraph,
    assessment of whether a good or technology is functionally
    equivalent shall include consideration of the factors described
    in subsection (f)(3) of this section.
        (5) The Secretary of Defense shall establish a procedure
    for reviewing the goods and technology on the list of
    militarily critical technologies on an ongoing basis \22\ for
    the purpose of removing from the list of militarily critical
    technologies any goods or technology that are no longer
    militarily critical. The Secretary of Defense may add to the
    list of militarily critical technologies any goods or
    technology that the Secretary of Defense determines is
    militarily critical, consistent with the provisions of
    paragraph (2) of this subsection. If the Secretary and the
    Secretary of Defense disagree as to whether any change in the
    list of militarily critical technologies by the addition or
    removal of a good or technology should also be made in the
    control list, consistent with the provisions of the fourth
    sentence of paragraph (4) of this subsection, the President
    shall resolve the disagreement.
    ---------------------------------------------------------------------------
        \22\ Sec. 2416(b)(2) of Public Law 100-418 (102 Stat. 1350) struck
    out ``at least annually'' and inserted in lieu thereof ``on an ongoing
    basis''.
    ---------------------------------------------------------------------------
        (6) The establishment of adequate export controls for
    militarily critical technology and keystone equipment shall be
    accompanied by suitable reductions in the controls on the
    products of that technology and equipment.
        (7) The Secretary of Defense shall, not later than 1 year
    after the date of the enactment of the Export Administration
    Amendments Act of 1985, report to the Congress on efforts by
    the Department of Defense to assess the impact that the
    transfer of goods or technology on the list of militarily
    critical technologies to controlled countries has had or will
    have on the military capabilities of those countries.
        (e) Export Licenses.--(1) The Congress finds that the
    effectiveness and efficiency of the process of making export
    licensing determinations under this section is severely
    hampered by the large volume of validated export license
    applications required to be submitted under this Act.
    Accordingly, it is the intent of Congress in this subsection to
    encourage the use of the multiple validated export licenses
    described in section 4(a)(2) of this Act in lieu of individual
    validated licenses.
        (2) To the maximum extent practicable, consistent with the
    national security of the United States, the Secretary shall
    require a validated license under this section for the export
    of goods or technology only if--
              (A) the export of such goods or technology is
            restricted pursuant to a multilateral agreement, formal
            or informal, to which the United States is a party and,
            under the terms of such multilateral agreement, such
            export requires the specific approval of the parties to
            such multilateral agreement;
              (B) with respect to such goods or technology, other
            nations do not possess capabilities comparable to those
            possessed by the United States; or
              (C) the United States is seeking the agreement of
            other suppliers to apply comparable controls to such
            goods or technology and, in the judgment of the
            Secretary, United States export controls on such goods
            or technology, by means of such license, are necessary
            pending the conclusion of such agreement.
        (3) The Secretary, subject to the provisions of subsection
    (l) of this section, shall not require an individual validated
    export license for replacement parts which are exported to
    replace on a one-for-one basis parts that were in a good that
    has been lawfully exported from the United States.
        (4) The Secretary shall periodically review the procedures
    with respect to the multiple validated export licenses, taking
    appropriate action to increase their utilization by reducing
    qualification requirements or lowering minimum thresholds, to
    combine procedures which overlap, and to eliminate those
    procedures which appear to be of marginal utility.
        (5) The export of goods subject to export controls under
    this section shall be eligible, at the discretion of the
    Secretary, for a distribution license and other licenses
    authorizing multiple exports of goods, in accordance with
    section 4(a)(2) of this Act. The export of technology and
    related goods subject to export controls under this section
    shall be eligible for a comprehensive operations license in
    accordance with section 4(a)(2)(B) of this Act.
      (6) \23\ Any application for a license for the export to the
    People's Republic of China of any good on which export controls
    are in effect under this section, without regard to the
    technical specifications of the good, for the purpose of
    demonstration or exhibition at a trade show shall carry a
    presumption of approval if--
    ---------------------------------------------------------------------------
        \23\ Sec. 2417 of Public Law 100-418 (102 Stat. 1351) added para.
    (6).
    ---------------------------------------------------------------------------
              (A) the United States exporter retains title to the
            good during the entire period in which the good is in
            the People's Republic of China; and
              (B) the exporter removes the good from the People's
            Republic of China no later than at the conclusion of
            the trade show.
      (f) \24\ Foreign Availability.--
    ---------------------------------------------------------------------------
        \24\ Sec. 2418(a) of Public Law 100-418 (102 Stat. 1352) amended
    and restated subsec. (f).
    ---------------------------------------------------------------------------
              (1) Foreign availability to controlled countries.--
            (A) The Secretary, in consultation with the Secretary
            of Defense and other appropriate Government agencies
            and with appropriate technical advisory committees
            established pursuant to subsection (h) of this section,
            shall review, on a continuing basis, the availability
            to controlled countries, from sources outside the
            United States, including countries which participate
            with the United States in multilateral export controls,
            of any goods or technology the export of which requires
            a validated license under this section. In any case in
            which the Secretary determines, in accordance with
            procedures and criteria which the Secretary shall by
            regulation establish, that any such goods or technology
            are available in fact to controlled countries from such
            sources in sufficient quantity and of comparable
            quality so that the requirement of a validated license
            for the export of such goods or technology is or would
            be ineffective in achieving the purpose set forth in
            subsection (a) of this section, the Secretary may not,
            after the determination is made, require a validated
            license for the export of such goods or technology
            during the period of such foreign availability, unless
            the President determines that the absence of export
            controls under this section on the goods or technology
            would prove detrimental to the national security of the
            United States. In any case in which the President
            determines under this paragraph that export controls
            under this section must be maintained notwithstanding
            foreign availability, the Secretary shall publish that
            determination, together with a concise statement of its
            basis and the estimated economic impact of the
            decision.
              (B) The Secretary shall approve any application for a
            validated license which is required under this section
            for the export of any goods or technology to a
            controlled country and which meets all other
            requirements for such an application, if the Secretary
            determines that such goods or technology will, if the
            license is denied, be available in fact to such country
            from sources outside the United States, including
            countries which participate with the United States in
            multilateral export controls, in sufficient quantity
            and of comparable quality so that denial of the license
            would be ineffective in achieving the purpose set forth
            in subsection (a) of this section, unless the President
            determines that approving the license application would
            prove detrimental to the national security of the
            United States. In any case in which the Secretary makes
            a determination of foreign availability under this
            subparagraph with respect to any goods or technology,
            the Secretary shall determine whether a determination
            of foreign availability under subparagraph (A) with
            respect to such goods or technology is warranted.
              (2) Foreign availability to other than controlled
            countries.--(A) The Secretary shall review, on a
            continuing basis, the availability to countries other
            than controlled countries, from sources outside the
            United States, of any goods or technology the export of
            which requires a validated license under this section.
            If the Secretary determines, in accordance with
            procedures which the Secretary shall establish, that
            any goods or technology in sufficient quantity and of
            comparable quality are available in fact from sources
            outside the United States (other than availability
            under license from a country which maintains export
            controls on such goods or technology cooperatively with
            the United States pursuant to the agreement of the
            group known as the Coordinating Committee or pursuant
            to an agreement described in subsection (k) of this
            section), the Secretary may not, after the
            determination is made and during the period of such
            foreign availability, require a validated license for
            the export of such goods or technology to any country
            (other than a controlled country) to which the country
            from which the goods or technology is available does
            not place controls on the export of such goods or
            technology. The requirement with respect to a validated
            license in the preceding sentence shall not apply if
            the President determines that the absence of export
            controls under this section on the goods or technology
            would prove detrimental to the national security of the
            United States. In any case in which the President
            determines under this paragraph that export controls
            under this section must be maintained notwithstanding
            foreign availability, the Secretary shall publish that
            determination, together with a concise statement of its
            basis and the estimated economic impact of the
            decision.
              (B) The Secretary shall approve any application for a
            validated license which is required under this section
            for the export of any goods or technology to a country
            (other than a controlled country) and which meets all
            other requirements for such an application, if the
            Secretary determines that such goods or technology are
            available from foreign sources to that country under
            the criteria established in subparagraph (A), unless
            the President determines that approving the license
            application would prove detrimental to the national
            security of the United States. In any case in which the
            Secretary makes a determination of foreign availability
            under this subparagraph with respect to any goods or
            technology, the Secretary shall determine whether a
            determination of foreign availability under
            subparagraph (A) with respect to such goods or
            technology is warranted.
              (3) Procedures for making determinations.--(A) The
            Secretary shall make a foreign availability
            determination under paragraph (1) or (2) on the
            Secretary's own initiative or upon receipt of an
            allegation from an export license applicant that such
            availability exists. In making any such determination,
            the Secretary shall accept the representations of
            applicants made in writing and supported by reasonable
            evidence, unless such representations are contradicted
            by reliable evidence, including scientific or physical
            examination, expert opinion based upon adequate factual
            information, or intelligence information. In making
            determinations of foreign availability, the Secretary
            may consider such factors as cost, reliability, the
            availability and reliability of spare parts and the
            cost and quality thereof, maintenance programs,
            durability, quality of end products produced by the
            item proposed for export, and scale of production. For
            purposes of this subparagraph, ``evidence'' may include
            such items as foreign manufacturers' catalogues,
            brochures, or operations or maintenance manuals,
            articles from reputable trade publications,
            photographs, and depositions based upon eyewitness
            accounts.
              (B) In a case in which an allegation is received from
            an export license applicant, the Secretary shall, upon
            receipt of the allegation, submit for publication in
            the Federal Register notice of such receipt. Within 4
            months after receipt of the allegation, the Secretary
            shall determine whether the foreign availability
            exists, and shall so notify the applicant. If the
            Secretary has determined that the foreign availability
            exists, the Secretary shall, upon making such
            determination, submit the determination for review to
            other departments and agencies as the Secretary
            considers appropriate. The Secretary's determination of
            foreign availability does not require the concurrence
            or approval of any official, department, or agency to
            which such a determination is submitted. Not later than
            1 month after the Secretary makes the determination,
            the Secretary shall respond in writing to the applicant
            and submit for publication in the Federal Register,
            that--
                      (i) the foreign availability does exist and--
                              (I) the requirement of a validated
                            license has been removed,
                              (II) the President has determined
                            that export controls under this section
                            must be maintained notwithstanding the
                            foreign availability and the applicable
                            steps are being taken under paragraph
                            (4), or
                              (III) in the case of a foreign
                            availability determination under
                            paragraph (1), the foreign availability
                            determination will be submitted to a
                            multilateral review process in
                            accordance with the agreement of the
                            Coordinating Committee for a period of
                            not more than 4 months beginning on the
                            date of the publication; or
                      (ii) the foreign availability does not exist.
            In any case in which the submission for publication is
            not made within the time period specified in the
            preceding sentence, the Secretary may not thereafter
            require a license for the export of the goods or
            technology with respect to which the foreign
            availability allegation was made. In the case of a
            foreign availability determination under paragraph (1)
            to which clause (i)(III) applies, no license for such
            export may be required after the end of the 9-month
            period beginning on the date on which the allegation is
            received.
              (4) Negotiations to eliminate foreign availability.--
            (A) In any case in which export controls are maintained
            under this section notwithstanding foreign
            availability, on account of a determination by the
            President that the absence of the controls would prove
            detrimental to the national security of the United
            States, the President shall actively pursue
            negotiations with the governments of the appropriate
            foreign countries for the purpose of eliminating such
            availability. No later than the commencement of such
            negotiations, the President shall notify in writing the
            Committee on Banking, Housing, and Urban Affairs of the
            Senate and the Committee on Foreign Affairs of the
            House of Representatives \25\ that he has begun such
            negotiations and why he believes it is important to
            national security that export controls on the goods or
            technology involved be maintained.
    ---------------------------------------------------------------------------
        \25\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Banking, Finance and Urban Affairs
    of the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives. Sec. 1(a)(5) provided that references to the Committee
    on Foreign Affairs of the House of Representatives shall be treated as
    referring to the Committee on International Relations.
    ---------------------------------------------------------------------------
              (B) If, within 6 months after the President's
            determination that export controls be maintained, the
            foreign availability has not been eliminated, the
            Secretary may not, after the end of that 6-month
            period, require a validated license for the export of
            the goods or technology involved. The President may
            extend the 6-month period described in the preceding
            sentence for an additional period of 12 months if the
            President certifies to the Congress that the
            negotiations involved are progressing and that the
            absence of the export controls involved would prove
            detrimental to the national security of the United
            States. Whenever the President has reason to believe
            that goods or technology subject to export controls for
            national security purposes by the United States may
            become available from other countries to controlled
            countries and that such availability can be prevented
            or eliminated by means of negotiations with such other
            countries, the President shall promptly initiate
            negotiations with the governments of such other
            countries to prevent such foreign availability.
              (C) After an agreement is reached with a country
            pursuant to negotiations under this paragraph to
            eliminate or prevent foreign availability of goods or
            technology, the Secretary may not require a validated
            license for the export of such goods or technology to
            that country.
              (5) Expedited licenses for items available to
            countries other than controlled countries.--(A) In any
            case in which the Secretary finds that any goods or
            technology from foreign sources is of similar quality
            to goods or technology the export of which requires a
            validated license under this section and is available
            to a country other than a controlled country without
            effective restrictions, the Secretary shall designate
            such goods or technology as eligible for export to such
            country under this paragraph.
              (B) In the case of goods or technology designated
            under subparagraph (A), then 20 working days after the
            date of formal filing with the Secretary of an
            individual validated license application for the export
            of those goods or technology to an eligible country, a
            license for the transaction specified in the
            application shall become valid and effective and the
            goods or technology are authorized for export pursuant
            to such license unless the license has been denied by
            the Secretary on account of an inappropriate end user.
            The Secretary may extend the 20-day period provided in
            the preceding sentence for an additional period of 15
            days if the Secretary requires additional time to
            consider the application and so notifies the applicant.
              (C) The Secretary may make a foreign availability
            determination under subparagraph (A) on the Secretary's
            own initiative, upon receipt of an allegation from an
            export license applicant that such availability exists,
            or upon the submission of a certification by a
            technical advisory committee of appropriate
            jurisdiction that such availability exists. Upon
            receipt of such an allegation or certification, the
            Secretary shall publish notice of such allegation or
            certification in the Federal Register and shall make
            the foreign availability determination within 30 days
            after such receipt and publish the determination in the
            Federal Register. In the case of the failure of the
            Secretary to make and publish such determination within
            that 30-day period, the goods or technology involved
            shall be deemed to be designated as eligible for export
            to the country or countries involved, for purposes of
            subparagraph (B).
              (D) The provisions of paragraphs (1), (2), (3), and
            (4) do not apply with respect to determinations of
            foreign availability under this paragraph.
              (6) Office of foreign availability.--The Secretary
            shall establish in the Department of Commerce an Office
            of Foreign Availability, which shall be under the
            direction of the Under Secretary of Commerce for Export
            Administration. The Office shall be responsible for
            gathering and analyzing all the necessary information
            in order for the Secretary to make determinations of
            foreign availability under this Act. The Secretary
            shall make available to the Committee on Foreign
            Affairs of \26\ the House of Representatives and the
            Committee on Banking, Housing, and Urban Affairs of the
            Senate at the end of each 6-month period during a
            fiscal year information on the operations of the
            Office, and on improvements in the Government's ability
            to assess foreign availability, during that 6-month
            period, including information on the training of
            personnel, the use of computers, and the use of
            Commercial Service Officers of the United States and
            Foreign Commercial Service. Such information shall also
            include a description of representative determinations
            made under this Act during that 6-month period that
            foreign availability did or did not exist (as the case
            may be), together with an explanation of such
            determinations.
    ---------------------------------------------------------------------------
        \26\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (7) Sharing of information.--Each department or
            agency of the United States, including any intelligence
            agency, and all contractors with any such department or
            agency, shall, upon the request of the Secretary and
            consistent with the protection of intelligence sources
            and methods, furnish information to the Office of
            Foreign Availability concerning foreign availability of
            goods and technology subject to export controls under
            this Act. Each such department or agency shall allow
            the Office of Foreign Availability access to any
            information from a laboratory or other facility within
            such department or agency.
              (8) Removal of controls on less sophisticated goods
            or technology.--In any case in which Secretary may not,
            pursuant to paragraph (1), (2), (3), or (4) of this
            subsection or paragraph (6) of subsection (h) of this
            section, require a validated license for the export of
            goods or technology, then the Secretary may not require
            a validated license for the export of any similar goods
            or technology whose function, technological approach,
            performance thresholds, and other attributes that form
            the basis for export controls under this section do not
            exceed the technical parameters of the goods or
            technology from which the validated license requirement
            is removed under the applicable paragraph.
              (9) Notice of all foreign availability assessments.--
            Whenever the Secretary undertakes a foreign
            availability assessment under this subsection or
            subsection (h)(6), the Secretary shall publish notice
            of such assessment in the Federal Register.
              (10) Availability defined.--For purposes of this
            subsection and subsections (f) and (h), the term
            ``available in fact to controlled countries'' includes
            production or availability of any goods or technology
            in any country--
                      (A) from which the goods or technology is not
                    restricted for export to any controlled
                    country; or
                      (B) in which such export restrictions are
                    determined by the Secretary to be ineffective.
            For purposes of subparagraph (B), the mere inclusion of
            goods or technology on a list of goods or technology
            subject to bilateral or multilateral national security
            export controls shall not alone constitute credible
            evidence that a country provides an effective means of
            controlling the export of such goods or technology to
            controlled countries.
        (g) Indexing.--(1) \27\ In order to ensure that
    requirements for validated licenses and other licenses
    authorizing multiple exports are periodically removed as goods
    or technology subject to such requirements becomes obsolete
    with respect to the national security of the United States,
    regulations issued by the Secretary may, where appropriate,
    provide for annual increases in the performance levels of goods
    or technology subject to any such licensing requirement. The
    regulations issued by the Secretary shall establish as one
    criterion for the removal of goods or technology from such
    license requirements the anticipated needs of the military of
    controlled countries. Any such goods or technology which no
    longer meets the performance levels established by the
    regulations shall be removed from the list established pursuant
    to subsection (c) of this section unless, under such exceptions
    and under such procedures as the Secretary shall prescribe, any
    other department or agency of the United States objects to such
    removal and the Secretary determines, on the basis of such
    objection, that the goods or technology shall not be removed
    from the list. The Secretary shall also consider, where
    appropriate, removing site visitation requirements for goods
    and technology which are removed from the list unless
    objections described in this subsection are raised.
    ---------------------------------------------------------------------------
        \27\ Sec. 2419(1) of Public Law 100-418 (102 Stat. 1357) inserted
    ``(1)'' before the first sentence and added a new para. (2).
    ---------------------------------------------------------------------------
      (2) \27\ (A) In carrying out this subsection, the Secretary
    shall conduct annual reviews of the performance levels of goods
    or technology--
              (i) which are eligible for export under a
            distribution license,
              (ii) below which exports to the People's Republic of
            China require only notification of the governments
            participating in the group known as the Coordinating
            Committee, and
              (iii) below which no authority or permission to
            export may be required under subsection (b)(2) or
            (b)(3) of this section.
    The Secretary shall make appropriate adjustments to such
    performance levels based on these reviews.
      (B) In any case in which the Secretary receives a request
    which--
              (i) is to revise the qualification requirements or
            minimum thresholds of any goods eligible for export
            under a distribution license, and
              (ii) is made by an exporter of such goods,
            representatives of an industry which produces such
            goods, or a technical advisory committee established
            under subsection (h) of this section,
    the Secretary, after consulting with other appropriate
    Government agencies and technical advisory committees
    established under subsection (h) of this section, shall
    determine whether to make such revision, or some other
    appropriate revision, in such qualification requirements or
    minimum thresholds. In making this determination, the Secretary
    shall take into account the availability of the goods from
    sources outside the United States. The Secretary shall make a
    determination on a request made under this subparagraph within
    90 days after the date on which the request is filed. If the
    Secretary's determination pursuant to such a request is to make
    a revision, such revision shall be implemented within 120 days
    after the date on which the request is filed and shall be
    published in the Federal Register.
        (h) Technical Advisory Committees.--(1) Upon written
    request by representatives of a substantial segment of any
    industry which produces any goods or technology subject to
    export controls under this section or being considered for such
    controls because of their significance to the national security
    of the United States, the Secretary shall appoint a technical
    advisory committee for any such goods or technology which the
    Secretary determines are difficult to evaluate because of
    questions concerning technical matters, worldwide availability,
    and actual utilization of production and technology, or
    licensing procedures. Each such committee shall consist of
    representatives of United States industry and Government,
    including the Departments of Commerce, Defense, and State, the
    intelligence community, and, in the discretion of the
    Secretary, other Government departments and agencies. No person
    serving on any such committee who is a representative of
    industry shall serve on such committee for more than four
    consecutive years.
        (2) Technical advisory committees established under
    paragraph (1) shall advise and assist the Secretary, the
    Secretary of Defense, and any other department, agency, or
    official of the Government of the United States to which the
    President delegates authority under this Act, with respect to
    actions designed to carry out the policy set forth in section
    3(2)(A) of this Act. Such committees, where they have expertise
    in such matters, shall be consulted with respect to questions
    involving (A) technical matters, (B) worldwide availability and
    actual utilization of production technology, (C) licensing
    procedures which affect the level of export controls applicable
    to any goods or technology, (D) \28\ revisions of the control
    list (as provided in subsection (c)(4)), including proposed
    revisions of multilateral controls in which the United States
    participates, (E) \28\ the issuance of regulations, and (F)
    \28\ any other questions relating to actions designed to carry
    out the policy set forth in section 3(2)(A) of this Act.
    Nothing in this subsection shall prevent the Secretary or the
    Secretary of Defense from consulting, at any time, with any
    person representing industry or the general public, regardless
    of whether such person is a member of a technical advisory
    committee. Members of the public shall be given a reasonable
    opportunity, pursuant to regulations prescribed by the
    Secretary, to present evidence to such committees.
    ---------------------------------------------------------------------------
        \28\ Sec. 2420(a) of Public Law 100-418 (102 Stat. 1357)
    redesignated clause (E) as clause (F), struck out clause (D), and
    inserted new clauses (D) and (E). Previously, clause (D) read as
    follows: ``(D) exports subject to multilateral controls in which the
    United States participates, including proposed revisions of any such
    multilateral controls, and''.
    ---------------------------------------------------------------------------
        (3) Upon request of any member of any such committee, the
    Secretary may, if the Secretary determines it appropriate,
    reimburse such member for travel, subsistence, and other
    necessary expenses incurred by such member in connection with
    the duties of such member.
        (4) Each such committee shall elect a chairman, and shall
    meet at least every three months at the call of the chairman,
    unless the chairman determines, in consultation with the other
    members of the committee, that such a meeting is not necessary
    to achieve the purposes of this subsection. Each such committee
    shall be terminated after a period of 2 years, unless extended
    by the Secretary for additional periods of 2 years. The
    Secretary shall consult each such committee with respect to
    such termination or extension of that committee.
        (5) To facilitate the work of the technical advisory
    committees, the Secretary, in conjunction with other
    departments and agencies participating in the administration of
    this Act, shall disclose to each such committee adequate
    information, consistent with national security, pertaining to
    the reasons for the export controls which are in effect or
    contemplated for the goods or technology with respect to which
    that committee furnishes advice.
        (6) Whenever a technical advisory committee certifies to
    the Secretary that goods or technology with respect to which
    such committee was appointed have become available in fact, to
    controlled countries, from sources outside the United States,
    including countries which participate with the United States in
    multilateral export controls, in sufficient quantity and of
    comparable quality so that requiring a validated license for
    the export of such goods or technology would be ineffective in
    achieving the purpose set forth in subsection (a) of this
    section, the technical advisory committee shall submit that
    certification to the Congress at the same time the
    certification is made to the Secretary, together with the
    documentation for the certification. The Secretary shall
    investigate the foreign availability so certified and, not
    later than 90 days after the certification is made, shall
    submit a report to the technical advisory committee and the
    Congress stating that--
              (A) the Secretary has removed the requirement of a
            validated license for the export of the goods or
            technology, on account of the foreign availability,
              (B) the Secretary has recommended to the President
            that negotiations be conducted to eliminate the foreign
            availability, or
              (C) the Secretary has determined on the basis of the
            investigation that the foreign availability does not
            exist.
    To the extent necessary, the report may be submitted on a
    classified basis. In any case in which the Secretary has
    recommended to the President that negotiations be conducted to
    eliminate the foreign availability, the President shall
    actively pursue such negotiations with the governments of the
    appropriate foreign countries. If, within 6 months after the
    Secretary submits such report to the Congress, the foreign
    availability has not been eliminated, the Secretary may not,
    after the end of that 6-month period, require a validated
    license for the export of the goods or technology involved. The
    President may extend the 6-month period described in the
    preceding sentence for an additional period of 12 months if the
    President certifies to the Congress that the negotiations
    involved are progressing and that the absence of the export
    control involved would prove detrimental to the national
    security of the United States. After an agreement is reached
    with a country pursuant to negotiations under this paragraph to
    eliminate foreign availability of goods or technology, the
    Secretary may not require a validated license for the export of
    such goods or technology to that country.\29\
    ---------------------------------------------------------------------------
        \29\ Sec. 2418(b) of Public Law 100-418 (102 Stat. 1357) added this
    sentence.
    ---------------------------------------------------------------------------
        (i) Multilateral Export Controls.--Recognizing the
    ineffectiveness of unilateral controls and the importance of
    uniform enforcement measures to the effectiveness of
    multilateral controls, the President \30\ shall enter into
    negotiations with the governments participating in the group
    known as the Coordinating Committee (hereinafter in this
    subsection referred to as the ``Committee'') with a view toward
    accomplishing the following objectives:
    ---------------------------------------------------------------------------
        \30\ Sec. 2421(a) of Public Law 100-418 (102 Stat. 1358) struck out
    ``The President'' and inserted in lieu thereof ``Recognizing the
    ineffectiveness of unilateral controls and the importance of uniform
    enforcement measures to the effectiveness of multilateral controls, the
    President''.
    ---------------------------------------------------------------------------
              (1) \31\ Enhanced public understanding of the
            Committee's purpose and procedures, including
            publication of the list of items controlled for export
            by agreement of the Committee, together with all notes,
            understandings, and other aspects of such agreement of
            the Committee, and all changes thereto.
    ---------------------------------------------------------------------------
        \31\ Sec. 2446 of Public Law 100-418 (102 Stat. 1369) amended and
    restated para. (1).
    ---------------------------------------------------------------------------
              (2) Periodic meetings of high-level representatives
            of participating governments for the purpose of
            coordinating export control policies and issuing policy
            guidance to the Committee.
              (3) Strengthened legal basis for each government's
            export control system, including, as appropriate,
            increased penalties and statutes of limitations.
              (4) Harmonization of export control documentation by
            the participating governments to verify the movement of
            goods and technology subject to controls by the
            Committee.
              (5) Improved procedures for coordination and exchange
            of information concerning violations of the agreement
            of the Committee.
              (6) Procedures for effective implementation of the
            agreement through uniform and consistent
            interpretations of export controls agreed to by the
            governments participating in the Committee.
              (7) Coordination of national licensing and
            enforcement efforts by governments participating in the
            Committee, including sufficient technical expertise to
            assess the licensing status of exports and to ensure
            end-use verification.
              (8) More effective procedures for enforcing export
            controls, including adequate training, resources, and
            authority for enforcement officers to investigate and
            prevent illegal exports.
              (9) Agreement to provide adequate resources to
            enhance the functioning of individual national export
            control systems and of the Committee.
              (10) Improved enforcement and compliance with the
            agreement through elimination of unnecessary export
            controls and maintenance of an effective control list.
              (11) Agreement to enhance cooperation among members
            of the Committee in obtaining the agreement of
            governments outside the Committee to restrict the
            export of goods and technology on the International
            Control List, to establish an ongoing mechanism in the
            Committee to coordinate planning and implementation of
            export control measures related to such agreements, and
            to remove items from the International Control List if
            such items continue to be available to controlled
            countries or if the control of the items no longer
            serves the common strategic objectives of the members
            of the Committee.
    For purposes of reviews of the International Control List, the
    President may include as advisors to the United States
    delegation to the Committee representatives of industry who are
    knowledgeable with respect to the items being reviewed.\32\
    ---------------------------------------------------------------------------
        \32\ Sec. 2421(b) of Public Law 100-418 (102 Stat. 1358) added this
    sentence.
    ---------------------------------------------------------------------------
        (j) Commercial Agreements With Certain Countries.--(1) Any
    United States firm, enterprise, or other nongovernmental entity
    which enters into an agreement with any agency of the
    government of a controlled country, that calls for the
    encouragement of technical cooperation and that is intended to
    result in the export from the United States to the other party
    of unpublished technical data of United States origin, shall
    report to the Secretary the agreement with such agency in
    sufficient detail.
        (2) The provisions of paragraph (1) shall not apply to
    colleges, universities, or other educational institutions.
        (k) Negotiations With Other Countries.--The Secretary of
    State in consultation with the Secretary of Defense, the
    Secretary of Commerce, and the heads of other appropriate
    departments and agencies, shall be responsible for conducting
    negotiations with other countries, including those countries
    not participating in the group known as the Coordinating
    Committee, regarding their cooperation in restricting the
    export of goods and technology in order to carry out the policy
    set forth in section 3(9) of this Act, as authorized by
    subsection (a) of this section, including negotiations with
    respect to which goods and technology should be subject to
    multilaterally agreed export restrictions and what conditions
    should apply for exceptions from those restrictions. In cases
    where such negotiations produce agreements on export
    restrictions comparable in practice to those maintained by the
    Coordinating Committee, the Secretary shall treat exports,
    whether by individual or multiple licenses, to countries party
    to such agreements in the same manner as exports to members of
    the Coordinating Committee are treated, including the same
    manner as exports are treated under subsection (b)(2) of this
    section and section 10(o) of this Act.
        (l) Diversion of Controlled Goods or Technology.--(1)
    Whenever there is reliable evidence, as determined by the
    Secretary, that goods or technology which were exported subject
    to national security controls under this section to a
    controlled country have been diverted to an unauthorized use or
    consignee in violation of the conditions of an export license,
    the Secretary for as long as that diversion continues--
              (A) shall deny all further exports, to or by the
            party or parties responsible for that diversion or who
            conspired in that diversion, of any goods or technology
            subject to national security controls under this
            section, regardless of whether such goods or technology
            are available from sources outside the United States;
            and
              (B) may take such additional actions under this Act
            with respect to the party or parties referred to in
            subparagraph (A) as the Secretary determines are
            appropriate in the circumstances to deter the further
            unauthorized use of the previously exported goods or
            technology.
        (2) As used in this subsection, the term ``unauthorized
    use'' means the use of United States goods or technology in the
    design, production, or maintenance of any item on the United
    States Munitions List, or the military use of any item on the
    International Control List of the Coordinating Committee.
      (m) \33\ Goods Containing Controlled Parts and Components.--
    Export controls may not be imposed under this section, or under
    any other provision of law, on a good solely on the basis that
    the good contains parts or components subject to export
    controls under this section if such parts or components--
    ---------------------------------------------------------------------------
        \33\ Sec. 2422 of Public Law 100-418 (102 Stat. 1358) amended and
    restated subsec. (m).
    ---------------------------------------------------------------------------
              (1) are essential to the functioning of the good,
              (2) are customarily included in sales of the good in
            countries other than controlled countries, and
              (3) comprise 25 percent or less of the total value of
            the good,
    unless the good itself, if exported, would by virtue of the
    functional characteristics of the good as a whole make a
    significant contribution to the military potential of a
    controlled country which would prove detrimental to the
    national security of the United States.
        (n) Security Measures.--The Secretary and the Commissioner
    of Customs, consistent with their authorities under section
    12(a) of this Act, and in consultation with the Director of the
    Federal Bureau of Investigation, shall provide advice and
    technical assistance to persons engaged in the manufacture or
    handling of goods or technology subject to export controls
    under this section to develop security systems to prevent
    violations or evasions of those export controls.
        (o) Recordkeeping.--The Secretary, the Secretary of
    Defense, and any other department or agency consulted in
    connection with a license application under this Act or a
    revision of a list of goods or technology subject to export
    controls under this Act, shall make and keep records of their
    respective advice, recommendations, or decisions in connection
    with any such license application or revision, including the
    factual and analytical basis of the advice, recommendations, or
    decisions.
        (p) National Security Control Office.--To assist in
    carrying out the policy and other authorities and
    responsibilities of the Secretary of Defense under this
    section, there is established in the Department of Defense a
    National Security Control Office under the direction of the
    Under Secretary of Defense Policy. The Secretary of Defense may
    delegate to that office such of those authorities and
    responsibilities, together with such ancillary functions, as
    the Secretary of Defense considers appropriate.
        (q) Exclusion for Agricultural Commodities.--This section
    does not authorize export controls on agricultural commodities,
    including fats, oils, and animal hides and skins.

                            foreign policy controls

        Sec. 6.\34\ (a) Authority.--(1) In order to carry out the
    policy set forth in paragraph (2)(B), (7), (8), or (13) of
    section 3 of this Act, the President may prohibit or curtail
    the exportation of any goods, technology, or other information
    subject to the jurisdiction of the United States or exported by
    any person subject to the jurisdiction of the United States, to
    the extent necessary to further significantly the foreign
    policy of the United States or to fulfill its declared
    international obligations. The authority granted by this
    subsection shall be exercised by the Secretary, in consultation
    with the Secretary of State, the Secretary of Defense, the
    Secretary of Agriculture, the Secretary of the Treasury, the
    United States Trade Representative, and such other departments
    and agencies as the Secretary considers appropriate, and shall
    be implemented by means of export licenses issued by the
    Secretary.
    ---------------------------------------------------------------------------
        \34\ 50 U.S.C. app. 2405.
    ---------------------------------------------------------------------------
        (2) Any export control imposed under this section shall
    apply to any transaction or activity undertaken with the intent
    to evade that export control, even if that export control would
    not otherwise apply to that transaction or activity.
        (3) Export controls maintained for foreign policy purposes
    shall expire on December 31, 1979, or one year after
    imposition, whichever is later, unless extended by the
    President in accordance with subsections (b) and (f). Any such
    extension and any subsequent extension shall not be for a
    period of more than a year.
        (4) Whenever the Secretary denies any export license under
    this subsection, the Secretary shall specify in the notice to
    the applicant of the denial of such license that the license
    was denied under the authority contained in this subsection,
    and the reasons for such denial, with reference to the criteria
    set forth in subsection (b) of this section. The Secretary
    shall also include in such notice what, if any, modifications
    in or restrictions on the goods or technology for which the
    license was sought would allow such export to be compatible
    with controls implemented under this section, or the Secretary
    shall indicate in such notice which officers and employees of
    the Department of Commerce who are familiar with the
    application will be made reasonably available to the applicant
    for consultation with regard to such modifications or
    restrictions, if appropriate.
        (5) In accordance with the provisions of section 10 of this
    Act, the Secretary of State shall have the right to review any
    export license application under this section which the
    Secretary of State requests to review.
      (6) \35\ Before imposing, expanding, or extending export
    controls under this section on exports to a country which can
    use goods, technology, or information available from foreign
    sources and so incur little or no economic costs as a result of
    the controls, the President should, through diplomatic means,
    employ alternatives to export controls which offer
    opportunities of distinguishing the United States from, and
    expressing the displeasure of the United States with, the
    specific actions of that country in response to which the
    controls are proposed. Such alternatives include private
    discussions with foreign leaders, public statements in
    situations where private diplomacy is unavailable or not
    effective, withdrawal of ambassadors, and reduction of the size
    of the diplomatic staff that the country involved is permitted
    to have in the United States.
    ---------------------------------------------------------------------------
        \35\ Sec. 2423(a) of Public Law 100-418 (102 Stat. 1358) added
    para. (6).
    ---------------------------------------------------------------------------
        (b) Criteria.--(1) Subject to paragraph (2) of this
    subsection, the President may impose, extend, or expand export
    controls under this section only if the President determines
    that--
              (A) such controls are likely to achieve the intended
            foreign policy purpose, in light of other factors,
            including the availability from other countries of the
            goods or technology proposed for such controls, and
            that foreign policy purpose cannot be achieved through
            negotiations or other alternative means;
              (B) the proposed controls are compatible with the
            foreign policy objectives of the United States and with
            overall United States policy toward the country to
            which exports are to be subject to the proposed
            controls;
              (C) the reaction of other countries to the
            imposition, extension, or expansion of such export
            controls by the United States is not likely to render
            the controls ineffective in achieving the intended
            foreign policy purpose or to be counterproductive to
            United States foreign policy interests;
              (D) the effect of the proposed controls on the export
            performance of the United States, the competitive
            position of the United States in the international
            economy, the international reputation of the United
            States as a supplier of goods and technology, or on the
            economic well-being of individual United States
            companies and their employees and communities does not
            exceed the benefit to United States foreign policy
            objectives; and
              (E) the United States has the ability to enforce the
            proposed controls effectively.
        (2) With respect to those export controls in effect under
    this section on the date of the enactment of the Export
    Administration Amendments Act of 1985, the President, in
    determining whether to extend those controls, as required by
    subsection (a)(3) of this section, shall consider the criteria
    set forth in paragraph (1) of this subsection and shall
    consider the foreign policy consequences of modifying the
    export controls.
        (c) Consultation With Industry.--The Secretary in every
    possible instance shall consult with and seek advice from
    affected United States industries and appropriate advisory
    committees established under section 135 of the Trade Act of
    1974 before imposing any export control under this section.
    Such consultation and advice shall be with respect to the
    criteria set forth in subsection (b)(1) and such other matters
    as the Secretary considers appropriate.
        (d) Consultation With Other Countries.--When imposing
    export controls under this section, the President shall, at the
    earliest appropriate opportunity, consult with the countries
    with which the United States maintains export controls
    cooperatively, and with such other countries as the President
    considers appropriate, with respect to the criteria set forth
    in subsection (b)(1) and such other matters as the President
    considers appropriate.
        (e) Alternative Means.--Before resorting to the imposition
    of export controls under this section, the President shall
    determine that reasonable efforts have been made to achieve the
    purposes of the controls through negotiations or other
    alternative means.
        (f) Consultation With the Congress.--(1) The president may
    impose or expand export controls under this section, or extend
    such controls as required by subsection (a)(3) of this section,
    only after consultation with the Congress, including the
    Committee on Foreign Affairs \36\ of the House of
    Representatives and the Committee on Banking, Housing, and
    Urban Affairs of the Senate.
    ---------------------------------------------------------------------------
        \36\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (2) The President may not impose, expand, or extend export
    controls under this section until the President has submitted
    to the Congress a report--
              (A) specifying the purpose of the controls;
              (B) specifying the determinations of the President
            (or, in the case of those export controls described in
            subsection (b)(2), the considerations of the President)
            with respect to each of the criteria set forth in
            subsection (b)(1), the bases for such determinations
            (or considerations), and any possible adverse foreign
            policy consequences of the controls;
              (C) describing the nature, the subjects, and the
            results of, or the plans for, the consultation with
            industry pursuant to subsection (c) and with other
            countries pursuant to subsection (d);
              (D) specifying the nature and results of any
            alternative means attempted under subsection (e), or
            the reasons for imposing, expanding, or extending the
            controls without attempting any such alternative means;
            and
              (E) describing the availability from other countries
            of goods or technology comparable to the goods or
            technology subject to the proposed export controls, and
            describing the nature and results of the efforts made
            pursuant to subsection (h) to secure the cooperation of
            foreign governments in controlling the foreign
            availability of such comparable goods or technology.
    Such report shall also indicate how such controls will further
    significantly the foreign policy of the United States or will
    further its declared international obligations.
        (3) To the extent necessary to further the effectiveness of
    the export controls portions of a report required by paragraph
    (2) may be submitted to the Congress on a classified basis, and
    shall be subject to the provisions of section 12(c) of this
    Act.\37\
    ---------------------------------------------------------------------------
        \37\ Sec. 128(c) of Public Law 104-316 (110 Stat. 3841) struck out
    a sentence at this point that read as follows: ``Each such report
    shall, at the same time it is submitted to the Congress, also be
    submitted to the General Accounting Office for the purpose of assessing
    the report's full compliance with the intent of this subsection.''.
    ---------------------------------------------------------------------------
        (4) In the case of export controls under this section which
    prohibit or curtail the export of any agricultural commodity, a
    report submitted pursuant to paragraph (2) shall be deemed to
    be the report required by section 7(g)(3)(A) of this Act.
        (5) In addition to any written report required, under this
    section, the Secretary, not less frequently than annually,
    shall present in oral testimony before the Committee on
    Banking, Housing, and Urban Affairs of the Senate and the
    Committee on Foreign Affairs \36\ of the House of
    Representatives a report on policies and actions taken by the
    Government to carry out the provisions of this section.
        (g) Exclusion for Medicine and Medical Supplies and for
    Certain Food Exports.--This section does not authorize export
    controls on medicine or medical supplies. This section also
    does not authorize export controls on donations of goods
    (including, but not limited to, food, educational materials,
    seeds and hand tools, medicines and medical supplies, water
    resources equipment, clothing and shelter materials, and basic
    household supplies) that are intended to meet basic human
    needs. Before export controls on food are imposed, expanded, or
    extended under this section, the Secretary shall notify the
    Secretary of State in the case of export controls applicable
    with respect to any developed country and shall notify the
    Administrator of the Agency for International Development \38\
    in the case of export controls applicable with respect to any
    developing country. The Secretary of State with respect to
    developed countries, and the Administrator \38\ with respect to
    developing countries, shall determine whether the proposed
    export control on food would cause measurable malnutrition and
    shall inform the Secretary of that determination. If the
    Secretary is informed that the proposed export controls on food
    would cause measurable malnutrition, then those controls may
    not be imposed, expanded, or extended, as the case may be,
    unless the President determines that those controls are
    necessary to protect the national security interest of the
    United States, or unless the President determines that
    arrangements are insufficient to ensure that the food will
    reach those most in need. Each such determination by the
    Secretary of State or the Director of the United States
    International Development Cooperation Agency, and any such
    determination by the President, shall be reported to the
    Congress, together with a statement of the reasons for that
    determination. It is the intent of Congress that the President
    not impose export controls under this section on any goods or
    technology if he determines that the principal effect of the
    export of such goods or technology would be to help meet basic
    human needs. The subsection shall not be construed to prohibit
    the President from imposing restrictions on the export of
    medicine or medical supplies or of food under the International
    Emergency Economic Powers Act. This subsection shall not apply
    to any export control on medicine, medical supplies, or food,
    except for donations, which is in effect on the date of the
    enactment of the Export Administration Amendments Act of 1985.
    Notwithstanding the preceding provisions of this subsection,
    the President may impose export controls under this section on
    medicine, medical supplies, food, and donations of goods in
    order to carry out the policy set forth in paragraph (13) of
    section 3 of this Act.
    ---------------------------------------------------------------------------
        \38\ Sec. 1422(b)(7) of Public Law 105-277 (112 Stat. 2681-793)
    struck out ``Director of the United States International Development
    Cooperation Agency'' and inserted in lieu thereof ``Administrator of
    the Agency for International Development'', and struck out ``Director''
    and inserted in lieu thereof ``Administrator''.
    ---------------------------------------------------------------------------
        (h) Foreign Availability.--(1) In applying export controls
    under this section, the President shall take all feasible steps
    to initiate and conclude negotiations with appropriate foreign
    governments for the purpose of securing the cooperation of such
    foreign governments in controlling the export to countries and
    consignees to which the United States export controls apply of
    any goods or technology comparable to goods or technology
    controlled under this section.
        (2) Before extending any export control pursuant to
    subsection (a)(3) of this section, the President shall evaluate
    the results of his actions under paragraph (1) of this
    subsection and shall include the results of that evaluation in
    his report to the Congress pursuant to subsection (f) of this
    section.
        (3) If, within 6 months after the date on which export
    controls under this section are imposed or expanded, or within
    6 months after the date of the enactment of the Export
    Administration Amendments Act of 1985 in the case of export
    controls in effect on such date of enactment, the President's
    efforts under paragraph (1) are not successful in securing the
    cooperation of foreign governments described in paragraph (1)
    with respect to those export controls, the Secretary shall
    thereafter take into account the foreign availability of the
    goods or technology subject to the export controls. If the
    Secretary affirmatively determines that a good or technology
    subject to the export controls is available in sufficient
    quantity and comparable quality from sources outside the United
    States to countries subject to the export controls so that
    denial of an export license would be ineffective in achieving
    purposes of the controls, then the Secretary shall, during the
    period of such foreign availability, approve any license
    application which is required for the export of the good or
    technology and which meets all requirements for such a license.
    The Secretary shall remove the good or technology from the list
    established pursuant to subsection (1) of this section if the
    Secretary determines that such action is appropriate.
        (4) In making a determination of foreign availability under
    paragraph (3) of this subsection, the Secretary shall follow
    the procedures set forth in section 5(f)(3) of this Act.
        (i) International Obligations.--The provisions of
    subsections (b), (c), (d), (e), (g), and (h) shall not apply in
    any case in which the President exercises the authority
    contained in this section to impose export controls, or to
    approve or deny export license applications, in order to
    fulfill obligations of the United States pursuant to treaties
    to which the United States is a party or pursuant to other
    international agreements.
        (j) \39\ Countries Supporting International Terrorism.--(1)
    A validated license shall be required for the export of goods
    or technology to a country if the Secretary of State has made
    the following determinations:
    ---------------------------------------------------------------------------
        \39\ Sec. 4 of Public Law 101-222 (103 Stat. 1897) amended and
    restated subsec. (j).
        In Department of State Public Notice 1878 of August 12, 1993 (58
    F.R. 52523), the Secretary of State stated: ``In accordance with
    section 6(j) of the Export Administration Act (50 U.S.C. App. 2405(j)),
    I hereby determine that Sudan is a country which has repeatedly
    provided support for acts of international terrorism.''.
        In Department of State Public Notice 4863 of October 7, 2004 (69
    F.R. 61702), the Secretary of State stated: ``In accordance with
    Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App.
    2405(j)), I hereby rescind the Determination of September 13, 1990
    (Public Notice 1264) that Iraq is a country which has repeatedly
    provided support for acts of international terrorism.''.
        The list of sec. 6(j) countries as of December 31, 2005, included
    Cuba, Iran, Libya, North Korea, Sudan, and Syria.
        Sec. 527 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2205),
    provided the following:
    ---------------------------------------------------------------------------

    ``prohibition on bilateral assistance to terrorist countries
    ---------------------------------------------------------------------------

        ``Sec. 527. (a) Funds appropriated for bilateral assistance under
    any heading of this Act and funds appropriated under any such heading
    in a provision of law enacted prior to enactment of this Act, shall not
    be made available to any country which the President determines--
    ---------------------------------------------------------------------------

      ``(1) grants sanctuary from prosecution to any individual or group which
    has committed an act of international terrorism, or

      ``(2) otherwise supports international terrorism.
    ---------------------------------------------------------------------------

        ``(b) The President may waive the application of subsection (a) to
    a country if the President determines that national security or
    humanitarian reasons justify such waiver. The President shall publish
    each waiver in the Federal Register and, at least 15 days before the
    waiver takes effect, shall notify the Committees on Appropriations of
    the waiver (including the justification for the waiver) in accordance
    with the regular notification procedures of the Committees on
    Appropriations.
    ---------------------------------------------------------------------------

    * * * * * * *

    ``prohibition on assistance to foreign governments that export lethal
    military equipment to countries supporting international terrorism
    ---------------------------------------------------------------------------

        ``Sec. 542. (a) None of the funds appropriated or otherwise made
    available by this Act may be available to any foreign government which
    provides lethal military equipment to a country the government of which
    the Secretary of State has determined is a terrorist government for
    purposes of section 6(j) of the Export Administration Act. The
    prohibition under this section with respect to a foreign government
    shall terminate 12 months after that government ceases to provide such
    military equipment. This section applies with respect to lethal
    military equipment provided under a contract entered into after October
    1, 1997.
        ``(b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that
    furnishing such assistance is important to the national interests of
    the United States.
        ``(c) Whenever the waiver authority of subsection (b) is exercised,
    the President shall submit to the appropriate congressional committees
    a report with respect to the furnishing of such assistance. Any such
    report shall include a detailed explanation of the assistance to be
    provided, including the estimated dollar amount of such assistance, and
    an explanation of how the assistance furthers United States national
    interests.''.
    ---------------------------------------------------------------------------
              (A) The government of such country has repeatedly
            provided support for acts of international terrorism.
              (B) The export of such goods or technology could make
            a significant contribution to the military potential of
            such country, including its military logistics
            capability, or could enhance the ability of such
            country to support acts of international terrorism.
        (2) The Secretary and the Secretary of State shall notify
    the Committee on Foreign Affairs \36\ of the House of
    Representatives and the Committee on Banking, Housing, and
    Urban Affairs and the Committee on Foreign Relations of the
    Senate at least 30 days before issuing any validated license
    required by paragraph (1).
        (3) Each determination of the Secretary of State under
    paragraph (1)(A), including each determination in effect on the
    date of the enactment of the Antiterrorism and Arms Export
    Amendments Act of 1989, shall be published in the Federal
    Register.
        (4) A determination made by the Secretary of State under
    paragraph (1)(A) may not be rescinded unless the President
    submits to the Speaker of the House of Representatives and the
    chairman of the Committee on Banking, Housing, and Urban
    Affairs and the chairman of the Committee on Foreign Relations
    of the Senate--
              (A) before the proposed rescission would take effect,
            a report certifying that--
                      (i) there has been a fundamental change in
                    the leadership and policies of the government
                    of the country concerned;
                      (ii) that government is not supporting acts
                    of international terrorism; and
                      (iii) that government has provided assurances
                    that it will not support acts of international
                    terrorism in the future; or
              (B) at least 45 days before the proposed rescission
            would take effect, a report justifying the rescission
            and certifying that--
                      (i) the government concerned has not provided
                    any support for international terrorism during
                    the preceding 6-month period; and
                      (ii) the government concerned has provided
                    assurances that it will not support acts of
                    international terrorism in the future.
        (5) \40\ (A) As used in paragraph (1), the term
    ``repeatedly provided support for acts of international
    terrorism'' shall include the recurring use of any part of the
    territory of the country as a sanctuary for terrorists or
    terrorist organizations.
    ---------------------------------------------------------------------------
        \40\ Sec. 7102(c)(1) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3776)
    redesignated para. (5) as para. (6) and added a new para. (5). Sec. 736
    of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
    (Public Law 103-236; 108 Stat. 506) added para. (6), as redesignated.
        Sec. 7102(c) of such Act further provided that:
        ``(2) Rule of construction.--Nothing in this subsection or the
    amendments made by this subsection shall be construed as affecting any
    determination made by the Secretary of State pursuant to section 6(j)
    of the Export Administration Act of 1979 with respect to a country
    prior to the date of enactment of this Act.
        ``(3) Implementation.--The President shall implement the amendments
    made by paragraph (1) by exercising the authorities of the President
    under the International Emergency Economic Powers Act (50 U.S.C. 1701
    et seq.).''.
    ---------------------------------------------------------------------------
        (B) In this paragraph--
              (i) the term ``territory of a country'' means the
            land, waters, and airspace of the country; and
              (ii) the term ``sanctuary'' means an area in the
            territory of a country--
                      (I) that is used by a terrorist or terrorist
                    organization--
                              (aa) to carry out terrorist
                            activities, including training,
                            financing, and recruitment; or
                              (bb) as a transit point; and
                      (II) the government of which expressly
                    consents to, or with knowledge, allows,
                    tolerates, or disregards such use of its
                    territory.
        (6) \40\ The Secretary and the Secretary of State shall
    include in the notification required by paragraph (2)--
                      (A) a detailed description of the goods or
                    services to be offered, including a brief
                    description of the capabilities of any article
                    for which a license to export is sought;
                      (B) the reasons why the foreign country or
                    international organization to which the export
                    or transfer is proposed to be made needs the
                    goods or services which are the subject of such
                    export or transfer and a description of the
                    manner in which such country or organization
                    intends to use such articles, services, or
                    design and construction services;
                      (C) the reasons why the proposed export or
                    transfer is in the national interest of the
                    United States;
                      (D) an analysis of the impact of the proposed
                    export or transfer on the military capabilities
                    of the foreign country or international
                    organization to which such export or transfer
                    would be made;
                      (E) an analysis of the manner in which the
                    proposed export would affect the relative
                    military strengths of countries in the region
                    to which the goods or services which are the
                    subject of such export would be delivered and
                    whether other countries in the region have
                    comparable kinds and amounts of articles,
                    services, or design and construction services;
                    and
                      (F) an analysis of the impact of the proposed
                    export or transfer on the United States
                    relations with the countries in the region to
                    which the goods or services which are the
                    subject of such export would be delivered.
        (k) \41\ Negotiations With Other Countries.--
    ---------------------------------------------------------------------------
        \41\ Sec. 1702(a) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1739) redesignated
    subsecs. (k) through (p) as subsecs. (m) through (r), and added
    subsecs. (k) and (l).
    ---------------------------------------------------------------------------
              (1) Countries participating in certain agreements.--
            The Secretary of State, in consultation with the
            Secretary, the Secretary of Defense, and the heads of
            other appropriate departments and agencies, shall be
            responsible for conducting negotiations with those
            countries participating in the groups known as the
            Coordinating Committee, the Missile Technology Control
            Regime, the Australia Group, and the Nuclear Suppliers'
            Group, regarding their cooperation in restricting the
            export of goods and technology in order to carry out--
                      (A) the policy set forth in section 3(2)(B)
                    of this Act, and
                      (B) United States policy opposing the
                    proliferation of chemical, biological, nuclear,
                    and other weapons and their delivery systems,
                    and effectively restricting the export of dual
                    use components of such weapons and their
                    delivery systems, in accordance with this
                    subsection and subsections (a) and (l).
            Such negotiations shall cover, among other issues,
            which goods and technology should be subject to
            multilaterally agreement export restrictions, and the
            implementation of the restrictions consistent with the
            principles identified in section 5(b)(2)(C) of this
            Act.
              (2) Other countries.--The Secretary of State, in
            consultation with the Secretary, the Secretary of
            Defense, and the heads of other appropriate departments
            and agencies, shall be responsible for conducting
            negotiations with countries and groups of countries not
            referred to in paragraph (1) regarding their
            cooperation in restricting the export of goods and
            technology consistent with purposes set forth in
            paragraph (1). In cases where such negotiations produce
            agreement on export restrictions that the Secretary, in
            consultation with the Secretary of State and the
            Secretary of Defense, determines to be consistent with
            the principles identified in section 5(b)(2)(C) of this
            Act, the Secretary may treat exports, whether by
            individual or multiple licenses, to countries party to
            such agreements in the same manner as exports are
            treated to countries that are MTCR adherents.
              (3) Review of determinations.--The Secretary shall
            annually review any determination under paragraph (2)
            with respect to a country. For each country which the
            Secretary determines is not meeting the requirements of
            an effective export control system in accordance with
            section 5(b)(2)(C), the Secretary shall restrict or
            eliminate any preferential licensing treatment for
            exports to that country provided under this subsection.
        (l) \41\ Missile Technology.--
              (1) Determination of controlled items.--The
            Secretary, in consultation with the Secretary of State,
            the Secretary of Defense, and the heads of other
            appropriate departments and agencies--
                      (A) shall establish and maintain, as part of
                    the control list established under this
                    section, a list of all dual use goods and
                    technology on the MTCR Annex; and
                      (B) may include, as part of the control list
                    established under this section, goods and
                    technology that would provide a direct and
                    immediate impact on the development of missile
                    delivery systems and are not included in the
                    MTCR Annex but which the United States is
                    proposing to the other MTCR adherents to have
                    included in the MTCR Annex.
              (2) Requirement of individual validated licenses.--
            The Secretary shall require an individual validated
            license for--
                      (A) any export of goods or technology on the
                    list established under paragraph (1) to any
                    country; and
                      (B) any export of goods or technology that
                    the exporter knows is destined for a project or
                    facility for the design, development, or
                    manufacture of a missile in a country that is
                    not an MTCR adherent.
              (3) Policy of denial of licenses.--(A) Licenses under
            paragraph (2) should in general be denied if the
            ultimate consignee of the goods or technology is a
            facility in a country that is not an adherent to the
            Missile Technology Control Regime and the facility is
            designed to develop or build missiles.
              (B) Licenses under paragraph (2) shall be denied if
            the ultimate consignee of the goods or technology is a
            facility in a country the government of which has been
            determined under subsection (j) to have repeatedly
            provided support for acts of international terrorism.
              (4) Consultation with other departments.--(A) A
            determination of the Secretary to approve an export
            license under paragraph (2) for the export of goods or
            technology to a country of concern regarding missile
            proliferation may be made only after consultation with
            the Secretary of Defense and the Secretary of State for
            a period of 20 days. The countries of concern referred
            to in the preceding sentence shall be maintained on a
            classified list by the Secretary of State, in
            consultation with the Secretary and the Secretary of
            Defense.
              (B) Should the Secretary of Defense disagree with the
            determination of the Secretary to approve an export
            license to which subparagraph (A) applies, the
            Secretary of Defense shall so notify the Secretary
            within the 20 days provided for consultation on the
            determination. The Secretary of Defense shall at the
            same time submit the matter to the President for
            resolution of the dispute. The Secretary shall also
            submit the Secretary's recommendation to the President
            on the license application.
              (C) The President shall approve or disapprove the
            export license application within 20 days after
            receiving the submission of the Secretary of Defense
            under subparagraph (B).
              (D) Should the Secretary of Defense fail to notify
            the Secretary within the time period prescribed in
            subparagraph (B), the Secretary may approve the license
            application without awaiting the notification by the
            Secretary of Defense. Should the President fail to
            notify the Secretary of his decision on the export
            license application within the time period prescribed
            in subparagraph (C), the Secretary may approve the
            license application without awaiting the President's
            decision on the license application.
              (E) Within 10 days after an export license is issued
            under this subsection, the Secretary shall provide to
            the Secretary of Defense and the Secretary of State the
            license application and accompanying documents issued
            to the applicant, to the extent that the relevant
            Secretary indicates the need to receive such
            application and documents.
              (5) Information sharing.--The Secretary shall
            establish a procedure for information sharing with
            appropriate officials of the intelligence community, as
            determined by the Director of Central Intelligence, and
            other appropriate Government agencies, that will ensure
            effective monitoring of transfers of MTCR equipment or
            technology and other missile technology.
        (m) \41\, \42\ Chemical and Biological
    Weapons.--
    ---------------------------------------------------------------------------
        \42\ Sec. 1702(a) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1739) redesignated
    subsecs. (m) through (r), as redesignated, as subsecs. (n) through (s),
    respectively. Sec. 504(b) of the Chemical and Biological Weapons
    Control and Warfare Elimination Act of 1991 (title V of the Foreign
    Relations Authorization Act, Fiscal Years 1992 and 1993; Public Law
    102-138; 105 Stat. 724) added a new subsec. (m).
        Subsequently, sec. 309(a) of Public Law 102-182 (105 Stat. 1258)
    repealed title V of the Foreign Relations Authorization Act, Fiscal
    Years 1992 and 1993 (Public Law 102-138), and the amendments made by
    that title, including these subsection redesignations. However, sec.
    304(b) of Public Law 102-182 (105 Stat. 1246) made the same
    redesignations and inserted a new subsec. (m). This second new subsec.
    (m) is identical to that earlier added by Public Law 102-138.
    ---------------------------------------------------------------------------
              (1) Establishment of list.--The Secretary, in
            consultation with the Secretary of State, the Secretary
            of Defense, and the heads of other appropriate
            departments and agencies, shall establish and maintain,
            as part of the list maintained under this section, a
            list of goods and technology that would directly and
            substantially assist a foreign government or group in
            acquiring the capability to develop, produce,
            stockpile, or deliver chemical or biological weapons,
            the licensing of which would be effective in barring
            acquisition or enhancement of such capability.
              (2) Requirement for validated licenses.--The
            Secretary shall require a validated license for any
            export of goods or technology on the list established
            under paragraph (1) to any country of concern.
              (3) Countries of concern.--For purposes of paragraph
            (2), the term ``country of concern'' means any country
            other than--
                      (A) a country with whose government the
                    United States has entered into a bilateral or
                    multilateral arrangement for the control of
                    goods or technology on the list established
                    under paragraph (1); and
                      (B) such other countries as the Secretary of
                    State, in consultation with the Secretary and
                    the Secretary of Defense, shall designate
                    consistent with the purposes of the Chemical
                    and Biological Weapons Control and Warfare
                    Elimination Act of 1991.
        (n) \41\, \42\ Crime Control Instruments.--(1)
    Crime control and detection instruments and equipment shall be
    approved for export by the Secretary only pursuant to a
    validated export license. Notwithstanding any other provision
    of this Act--
              (A) any determination of the Secretary of what goods
            or technology shall be included on the list established
            pursuant to subsection (1) of this section as a result
            of the export restrictions imposed by this subsection
            shall be made with the concurrence of the Secretary of
            State, and
              (B) any determination of the Secretary to approve or
            deny an export license application to export crime
            control or detection instruments or equipment shall be
            made in concurrence with the recommendations of the
            Secretary of State submitted to the Secretary with
            respect to the application pursuant to section 10(e) of
            this Act,
    except that, if the Secretary does not agree with the Secretary
    of State with respect to any determination under subparagraph
    (A) or (B), the matter shall be referred to the President for
    resolution.
        (2) The provisions of this subsection shall not apply with
    respect to exports to countries which are members of the North
    Atlantic Treaty Organization or to Japan, Australia, or New
    Zealand, or to such other countries as the President shall
    designate consistent with the purposes of this subsection and
    section 502B of the Foreign Assistance Act of 1961.
        (o) \41\, \42\ Control List.--The Secretary
    shall establish and maintain, as part of the control list, a
    list of any goods or technology subject to export controls
    under this section, and the countries to which such controls
    apply. The Secretary shall clearly identify on the control list
    which goods or technology, and which countries or destinations,
    are subject to which types of controls under this section. Such
    list shall consist of goods and technology identified by the
    Secretary of State, with the concurrence of the Secretary. If
    the Secretary and the Secretary of State are unable to agree on
    the list, the matter shall be referred to the President. Such
    list shall be reviewed not less frequently than every three
    years in the case of controls maintained cooperatively with
    other countries, and annually in the case of all other
    controls, for the purpose of making such revisions as are
    necessary in order to carry out this section. During the course
    of such review, an assessment shall be made periodically of the
    availability from sources outside the United States, or any of
    its territories or possessions, of goods and technology
    comparable to those controlled for export from the United
    States under this section.
        (p) \41\, \42\ Effect on Existing Contracts and
    Licenses.--The President may not, under this section, prohibit
    or curtail the export or reexport of goods, technology, or
    other information--
              (1) in performance of a contract or agreement entered
            into before the date on which the President reports to
            the Congress, pursuant to subsection (f) of this
            section, his intention to impose controls on the export
            or reexport of such goods, technology, or other
            information, or
              (2) under a validated license or other authorization
            issued under this Act,
    unless and until the President determines and certifies to the
    Congress that--
                      (A) a breach of the peace poses a serious and
                    direct threat to the strategic interest of the
                    United States,
                      (B) the prohibition or curtailment of such
                    contracts, agreements, licenses, or
                    authorizations will be instrumental in
                    remedying the situation posing the direct
                    threat, and
                      (C) the export controls will continue only so
                    long as the direct threat persists.
        (q) \41\, \42\ Extension of Certain Controls.--
    Those export controls imposed under this section with respect
    to South Africa which were in effect on February 28, 1982, and
    ceased to be effective on March 1, 1982, September 15, 1982, or
    January 20, 1983, shall become effective on the date of the
    enactment of this subsection, and shall remain in effect until
    1 year after such date of enactment. At the end of that 1-year
    period, any of those controls made effective by this subsection
    may be extended by the President in accordance with subsections
    (b) and (f) of this section.
        (r) \41\, \42\ Expanded Authority To Impose
    Controls.--(1) In any case in which the President determines
    that it is necessary to impose controls under this section
    without any limitation contained in subsection (c), (d), (e),
    (g), (h), or (m) of this section, the President may impose
    those controls only if the President submits that determination
    to the Congress, together with a report pursuant to subsection
    (f) of this section with respect to the proposed controls, and
    only if a law is enacted authorizing the imposition of those
    controls. If a joint resolution authorizing the imposition of
    those controls is introduced in either House of Congress within
    30 days after the Congress receives the determination and
    report of the President, that joint resolution shall be
    referred to the Committee on Banking, Housing, and Urban
    Affairs of the Senate and to the appropriate committee of the
    House of Representatives. If either such committee has not
    reported the joint resolution at the end of 30 days after its
    referral, the committee shall be discharged from further
    consideration of the joint resolution.
        (2) For purposes of this subsection, the term ``joint
    resolution'' means a joint resolution the matter after the
    resolving clause of which is as follows: ``That the Congress,
    having received on a determination of the President under
    section 6(o)(1) of the Export Administration Act of 1979 with
    respect to the export controls which are set forth in the
    report submitted to the Congress with that determination,
    authorizes the President to impose those export controls.'',
    with the date of the receipt of the determination and report
    inserted in the blank.
        (3) In the computation of the periods of 30 days referred
    to in paragraph (1), there shall be excluded the days on which
    either House of Congress is not in session because of an
    adjournment of more than 3 days to a day certain or because of
    an adjournment of the Congress sine die.
      (s) \42\, \43\ Spare Parts.--(1) At the same time
    as the President imposes or expands export controls under this
    section, the President shall determine whether such export
    controls will apply to replacement parts for parts in goods
    subject to such export controls.
    ---------------------------------------------------------------------------
        \43\ Sec. 2423(b) of Public Law 100-418 (102 Stat. 1359) added
    subsec. (s), as redesignated by Public Law 101-510, and further
    redesignated by sec. 304(b)(1) of Public Law 102-182.
    ---------------------------------------------------------------------------
      (2) With respect to export controls imposed under this
    section before the date of the enactment of this subsection, an
    individual validated export license shall not be required for
    replacement parts which are exported to replace on a one-for-
    one basis parts that were in a good that was lawfully exported
    from the United States, unless the President determines that
    such a license should be required for such parts.

                             short supply controls

        Sec. 7.\44\ (a) Authority.--(1) In order to carry out the
    policy set forth in section 3(2)(C) of this Act, the President
    may prohibit or curtail the export of any goods subject to the
    jurisdiction of the United States or exported by any person
    subject to the jurisdiction of the United States. In curtailing
    exports to carry out the policy set forth in section 3(2)(C) of
    this Act, the President shall allocate a portion of export
    licenses on the basis of factors other than a prior history of
    exportation. Such factors shall include the extent to which a
    country engages in equitable trade practices with respect to
    United States goods and treats the United States equitably in
    times of short supply.
    ---------------------------------------------------------------------------
        \44\ 50 U.S.C. app. 2406.
    ---------------------------------------------------------------------------
        (2) Upon imposing quantitative restrictions on exports of
    any goods to carry out the policy set forth in section 3(2)(C)
    of this Act, the Secretary shall include in a notice published
    in the Federal Register with respect to such restrictions an
    invitation to all interested parties to submit written comments
    within 15 days from the date of publication on the impact of
    such restrictions and the method of licensing used to implement
    them.
        (3) In imposing export controls under this section, the
    President's authority shall include, but not be limited to, the
    imposition of export license fees.
        (b) Monitoring.--(1) In order to carry out the policy set
    forth in section 3(2)(C) of this Act, the Secretary shall
    monitor exports, and contracts for exports, of any good (other
    than a commodity which is subject to the reporting requirements
    of section 812 of the Agricultural Act of 1970) when the volume
    of such exports in relation to domestic supply contributes, or
    may contribute, to an increase in domestic prices or a domestic
    shortage, and such price increase or shortage has, or may have,
    a serious adverse impact on the economy or any sector thereof.
    Any such monitoring shall commence at a time adequate to assure
    that the monitoring will result in a data base sufficient to
    enable policies to be developed, in accordance with section
    3(2)(C) of this Act, to mitigate a short supply situation or
    serious inflationary price rise or, if export controls are
    needed, to permit imposition of such controls in a timely
    manner. Information which the Secretary requires to be
    furnished in effecting such monitoring shall be confidential,
    except as provided in paragraph (2) of this subsection.
        (2) The results of such monitoring shall, to the extent
    practicable, be aggregated and included in weekly reports
    setting forth, with respect to each item monitored, actual and
    anticipated exports, the destination by country, and the
    domestic and worldwide price, supply, and demand. Such reports
    may be made monthly if the Secretary determines that there is
    insufficient information to justify weekly reports.
        (3) The Secretary shall consult with the Secretary of
    Energy to determine whether monitoring or export controls under
    this section are warranted with respect to exports of
    facilities, machinery, or equipment normally and principally
    used, or intended to be used, in the production, conversion, or
    transportation of fuels and energy (except nuclear energy),
    including, but not limited to, drilling rigs, platforms, and
    equipment; petroleum refineries, natural gas processing,
    liquefaction, and gasification plants; facilities for
    production of synthetic natural gas or synthetic crude oil; oil
    and gas pipelines, pumping stations, and associated equipment;
    and vessels for transporting oil, gas, coal, and other fuels.
        (c) Petitions for Monitoring or Controls.--(1)(A) Any
    entity, including a trade association, firm, or certified or
    recognized union or group of workers, that is representative of
    an industry or a substantial segment of an industry that
    processes metallic materials capable of being recycled may
    transmit a written petition to the Secretary requesting the
    monitoring of exports or the imposition of export controls, or
    both, with respect to any such material, in order to carry out
    the policy set forth in section 3(2)(C) of this Act.
        (B) Each petition shall be in such form as the Secretary
    shall prescribe and shall contain information in support of the
    action requested. The petition shall include any information
    reasonably available to the petitioner indicating that each of
    the criteria set forth in paragraph (3)(A) of this subsection
    is satisfied.
        (2) Within 15 days after receipt of any petition described
    in paragraph (1), the Secretary shall publish a notice in the
    Federal Register. The notice shall--
              (A) include the name of the material that is the
            subject of the petition,
              (B) include the Schedule B number of the material as
            set forth in the Statistical Classification of Domestic
            and Foreign Commodities Exported from the United
            States,
              (C) indicate whether the petitioner is requesting
            that controls or monitoring, or both, be imposed with
            respect to the exportation of such material, and
              (D) provide that interested persons shall have a
            period of 30 days beginning on the date of publication
            of such notice to submit to the Secretary written data,
            views or arguments, with or without opportunity for
            oral presentation, with respect to the matter involved.
    At the request of the petitioner or any other entity described
    in paragraph (1)(A) with respect to the material that is the
    subject of the petition, or at the request of any entity
    representative of producers or exporters of such material, the
    Secretary shall conduct public hearings with respect to the
    subject of the petition, in which case the 30-day period may be
    extended to 45 days.
        (3)(A) Within 45 days after the end of the 30- or 45-day
    period described in paragraph (2), as the case may be, the
    Secretary shall determine whether to impose monitoring or
    controls, or both, on the export of the material that is the
    subject of the petition, in order to carry out the policy set
    forth in section 3(2)(C) of this Act. In making such
    determination, the Secretary shall determine whether--
              (i) there has been a significant increase, in
            relation to a specific period of time, in exports of
            such material in relation to domestic supply and
            demand;
              (ii) there has been a significant increase in the
            domestic price of such material or a domestic shortage
            of such material relative to demand;
              (iii) exports of such material are as important as
            any other cause of a domestic price increase or
            shortage relative to demand found under clause (ii);
              (iv) a domestic price increase or shortage relative
            to demand found under clause (ii) has significantly
            adversely affected or may significantly adversely
            affect the national economy or any sector thereof,
            including a domestic industry; and
              (v) monitoring or controls, or both, are necessary in
            order to carry out the policy set forth in section
            3(2)(C) of this Act.
        (B) The Secretary shall publish in the Federal Register a
    detailed statement of the reasons for the Secretary's
    determination pursuant to subparagraph (A) of whether to impose
    monitoring or controls, or both, including the findings of fact
    in support of that determination.
        (4) Within 15 days after making a determination under
    paragraph (3) to impose monitoring or controls on the export of
    a material, the Secretary shall publish in the Federal Register
    proposed regulations with respect to such monitoring or
    controls. Within 30 days after the publication of such proposed
    regulations, and after considering any public comments on the
    proposed regulations, the Secretary shall publish and implement
    final regulations with respect to such monitoring or controls.
        (5) For purposes of publishing notices in the Federal
    Register and scheduling public hearings pursuant to this
    subsection, the Secretary may consolidate petitions, and
    responses to such petitions which involve the same or related
    materials.
        (6) If a petition with respect to a particular material or
    group of materials has been considered in accordance with all
    the procedures prescribed in this subsection, the Secretary may
    determine, in the absence of significantly changed
    circumstances, that any other petition with respect to the same
    material or group of materials which is filed within 6 months
    after the consideration of the prior petition has been
    completed does not merit complete consideration under this
    subsection.
        (7) The procedures and time limits set forth in this
    subsection with respect to a petition filed under this
    subsection shall take precedence over any review undertaken at
    the initiative of the Secretary with respect to the same
    subject as that of the petition.
        (8) The Secretary may impose monitoring or controls, on a
    temporary basis, on the export of a metallic material after a
    petition is filed under paragraph (1)(A) with respect to that
    material but before the Secretary makes a determination under
    paragraph (3) with respect to that material only if--
              (A) the failure to take such temporary action would
            result in irreparable harm to the entity filing the
            petition, or to the national economy or segment
            thereof, including a domestic industry, and
              (B) the Secretary considers such action to be
            necessary to carry out the policy set forth in section
            3(2)(C) of this Act.
        (9) The authority under this subsection shall not be
    construed to affect the authority of the Secretary under any
    other provision of this Act, except that if the Secretary
    determines, on the Secretary's own initiative, to impose
    monitoring or controls, or both, on the export of metallic
    materials capable of being recycled, under the authority of
    this section, the Secretary shall publish the reasons for such
    action in accordance with paragraph (3) (A) and (B) of this
    subsection.
        (10) Nothing contained in this subsection shall be
    construed to preclude submission on a confidential basis to the
    Secretary of information relevant to a decision to impose or
    remove monitoring or controls under the authority of this Act,
    or to preclude consideration of such information by the
    Secretary in reaching decisions required under this subsection.
    The provisions of this paragraph shall not be construed to
    affect the applicability of section 552(b) of title 5, United
    States Code.
        (d) Domestically Produced Crude Oil.--(1) \45\
    Notwithstanding any other provision of this Act and
    notwithstanding subsection (u) of section 28 of the Mineral
    Leasing Act of 1920 (30 U.S.C. 185), no domestically produced
    crude oil transported by pipeline over right-of-way granted
    pursuant to section 203 of the Trans-Alaska Pipeline
    Authorization Act (43 U.S.C. 1652) (except any such crude oil
    which (A) is exported to an adjacent foreign country to be
    refined and consumed therein in exchange for the same quantity
    of crude oil being exported from that country to the United
    States; such exchange must result through convenience or
    increased efficiency of transportation in lower prices for
    consumers of petroleum products in the United States as
    described in paragraph (2)(A)(ii) of this subsection, (B) is
    temporarily exported for convenience or increased efficiency of
    transportation across parts of an adjacent foreign country and
    reenters the United States) may be exported from the United
    States, or any of its territories and possessions, subject to
    paragraph (2) of this subsection.
    ---------------------------------------------------------------------------
        \45\ Sec. 305 of the United States-Canada Free Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 102 Stat. 1876) amended
    and restated para. (1).
    ---------------------------------------------------------------------------
        (2) Crude oil subject to the prohibition contained in
    paragraph (1) may be exported only if--
              (A) the President so recommends to the Congress after
            making and publishing express findings that exports of
            such crude oil, including exchanges--
                      (i) will not diminish the total quantity or
                    quality of petroleum refined within, stored
                    within, or legally committed to be transported
                    to and sold within the United States;
                      (ii) will, within 3 months following the
                    initiation of such exports or exchanges, result
                    in (I) acquisition costs to the refiners which
                    purchase the imported crude oil being lower
                    than the acquisition costs such refiners would
                    have to pay for the domestically produced oil
                    in the absence of such an export or exchange,
                    and (II) not less than 75 percent of such
                    savings in costs being reflected in wholesale
                    and retail prices of products refined from such
                    imported crude oil;
                      (iii) will be made only pursuant to contracts
                    which may be terminated if the crude oil
                    suppliers of the United States are interrupted,
                    threatened, or diminished;
                      (iv) are clearly necessary to protect the
                    national interest; and
                      (v) are in accordance with the provisions of
                    this Act; and
              (B) the President includes such findings in his
            recommendation to the Congress and the Congress, within
            60 days after receiving that recommendation, agrees to
            a joint resolution which approves such exports on the
            basis of those findings, and which is thereafter
            enacted into law.
        (3) Notwithstanding any other provision of this section or
    any other provision of law, including subsection (u) of section
    28 of the Mineral Leasing Act of 1920, the President may export
    oil to any country pursuant to a bilateral international oil
    supply agreement entered into by the United States with such
    nation before June 25, 1979, or to any country pursuant to the
    International Emergency Oil Sharing Plan of the International
    Energy Agency.\46\
    ---------------------------------------------------------------------------
        \46\ Sec. 2424(a) of Public Law 100-418 (102 Stat. 1359) struck out
    para. (4), which previously read as follows:
        ``(4) Notwithstanding the provisions of section 20 of this Act, the
    provisions of this subsection shall expire on September 30, 1990.''.
    ---------------------------------------------------------------------------
        (e) Refined Petroleum Products.--(1) In any case in which
    the President determines that it is necessary to impose export
    controls on refined petroleum products in order to carry out
    the policy set forth in section 3(2)(C) of this Act, the
    President shall notify the Congress of that determination. The
    President shall also notify the Congress if and when he
    determines that such export controls are no longer necessary.
    During any period in which a determination that such export
    controls are necessary is in effect, no refined petroleum
    product may be exported except pursuant to an export license
    specifically authorizing such export. Not later than 5 days
    after an application for a license to export any refined
    petroleum product or residual fuel oil is received, the
    Secretary shall notify the Congress of such application,
    together with the name of the exporter, the destination of the
    proposed export, and the amount and price of the proposed
    export. Such notification shall be made to the chairman of the
    Committee on Foreign Affairs \47\ of the House of
    Representatives and the chairman of the Committee on Banking,
    Housing, and Urban Affairs of the Senate.
    ---------------------------------------------------------------------------
        \47\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (2) The Secretary may not grant such license during the 30-
    day period beginning on the date on which notification to the
    Congress under paragraph (1) is received, unless the President
    certifies in writing to the Speaker of the House of
    Representatives and the President pro tempore of the Senate
    that the proposed export is vital to the national interest and
    that a delay in issuing the license would adversely affect that
    interest.
        (3) This subsection shall not apply to (A) any export
    license application for exports to a country with respect to
    which historical export quotas established by the Secretary on
    the basis of past trading relationships apply, or (B) any
    license application for exports to a country if exports under
    the license would not result in more than 250,000 barrels of
    refined petroleum products being exported from the United
    States to such country in any fiscal year.
        (4) For purposes of this subsection, ``refined petroleum
    product'' means gasoline, kerosene, distillates, propane or
    butane gas, diesel fuel, and residual fuel oil refined within
    the United States or entered for consumption within the United
    States.
        (5) The Secretary may extend any time period prescribed in
    section 10 of this Act to the extent necessary to take into
    account delays in action by the Secretary on a license
    application on account of the provisions of this subsection.
        (f) Certain Petroleum Products.--Petroleum products refined
    in United States Foreign Trade Zones, or in the United States
    Territory of Guam, from foreign crude oil shall be excluded
    from any quantitative restrictions imposed under this section
    except that, if the Secretary finds that a product is in short
    supply, the Secretary may issue such regulations as may be
    necessary to limit exports.
        (g) Agricultural Commodities.--(1) The authority conferred
    by this section shall not be exercised with respect to any
    agricultural commodity, including fats and oils or animal hides
    or skins, without the approval of the Secretary of Agriculture.
    The Secretary of Agriculture shall not approve the exercise of
    such authority with respect to any such commodity during any
    period for which the supply of such commodity is determined by
    the Secretary of Agriculture to be in excess of the
    requirements of the domestic economy except to the extent the
    President determines that such exercise of authority is
    required to carry out the policies set forth in subparagraph
    (A) or (B) of paragraph (2) of section 3 of this Act. The
    Secretary of Agriculture shall, by exercising the authorities
    which the Secretary of Agriculture has under other applicable
    provisions of law, collect data with respect to export sales of
    animal hides and skins.
        (2) Upon approval of the Secretary, in consultation with
    the Secretary of Agriculture, agricultural commodities
    purchased by or for use in a foreign country may remain in the
    United States for export at a later date free from any
    quantitative limitations on export which may be imposed to
    carry out the policy set forth in section 3(2)(C) of this Act
    subsequent to such approval. The Secretary may not grant such
    approval unless the Secretary receives adequate assurance and,
    in conjunction with the Secretary of Agriculture, finds (A)
    that such commodities will eventually be exported, (B) that
    neither the sale nor export thereof will result in an excessive
    drain of scarce materials and have a serious domestic
    inflationary impact, (C) that storage of such commodities in
    the United States will not unduly limit the space available for
    storage of domestically owned commodities, and (D) that the
    purpose of such storage is to establish a reserve of such
    commodities for later use, not including resale to or use by
    another country. The Secretary may issue such regulations as
    may be necessary to implement this paragraph.
        (3)(A) If the President imposes export controls on any
    agricultural commodity in order to carry out the policy set
    forth in paragraph (2)(B), (2)(C), (7), or (8) of section 3 of
    this Act, the President shall immediately transmit a report on
    such action to the Congress, setting forth the reasons for the
    controls in detail and specifying the period of time, which may
    not exceed 1 year, that the controls are proposed to be in
    effect. If the Congress, within 60 days after the date of its
    receipt of the report, adopts a joint resolution pursuant to
    paragraph (4) approving the imposition of the export controls,
    then such controls shall remain in effect for the period
    specified in the report, or until terminated by the President,
    whichever occurs first. If the Congress, within 60 days after
    the date of its receipt of such report, fails to adopt a joint
    resolution approving such controls, then such controls shall
    cease to be effective upon the expiration of that 60-day
    period.
        (B) The provisions of subparagraph (A) and paragraph (4)
    shall not apply to export controls--
              (i) which are extended under this Act if the
            controls, when imposed, were approved by the Congress
            under subparagraph (A) and paragraph (4); or
              (ii) which are imposed with respect to a country as
            part of the prohibition or curtailment of all exports
            to that country.
        (4)(A) For purposes of this paragraph, the term joint
    resolution means only a joint resolution the matter after the
    resolving clause of which is as follows: ``That, pursuant to
    section 7(g)(3) of the Export Administration Act of 1979, the
    President may impose export controls as specified in the report
    submitted to the Congress on       .'', with the blank space
    being filled with the appropriate date.
        (B) On the day on which a report is submitted to the House
    of Representatives and the Senate under paragraph (3), a joint
    resolution with respect to the export controls specified in
    such report shall be introduced (by request) in the House by
    the chairman of the Committee on Foreign Affairs,\47\ for
    himself and the ranking minority member of the Committee, or by
    Members of the House designated by the chairman and ranking
    minority member; and shall be introduced (by request) in the
    Senate by the majority leader of the Senate, for himself and
    the minority leader of the Senate, or by Members of the Senate
    designated by the majority leader and minority leader of the
    Senate. If either House is not in session on the day on which
    such a report is submitted, the joint resolution shall be
    introduced in that House, as provided in the preceding
    sentence, on the first day thereafter on which that House is in
    session.
        (C) All joint resolutions introduced in the House of
    Representatives shall be referred to the appropriate committee
    and all joint resolutions introduced in the Senate shall be
    referred to the Committee on Banking, Housing, and Urban
    Affairs.
        (D) If the committee of either House to which a joint
    resolution has been referred has not reported the joint
    resolution at the end of 30 days after its referral, the
    committee shall be discharged from further consideration of the
    joint resolution or of any other joint resolution introduced
    with respect to the same matter.
        (E) A joint resolution under this paragraph shall be
    considered in the Senate in accordance with the provisions of
    section 601(b)(4) of the International Security Assistance and
    Arms Export Control Act of 1976. For the purpose of expediting
    the consideration and passage of joint resolutions reported or
    discharged pursuant to the provisions of this paragraph, it
    shall be in order for the Committee on Rules of the House of
    Representatives to present for consideration a resolution of
    the House of Representatives providing procedures for the
    immediate consideration of a joint resolution under this
    paragraph which may be similar, if applicable, to the
    procedures set forth in section 601(b)(4) of the International
    Security Assistance and Arms Export Control Act of 1976.
        (F) In the case of a joint resolution described in
    subparagraph (A), if, before the passage by one House of a
    joint resolution of that House, that House receives a
    resolution with respect to the same matter from the other
    House, then--
              (i) the procedure in that House shall be the same as
            if no joint resolution had been received from the other
            House; but
              (ii) the vote on final passage shall be on the joint
            resolution of the other House.
        (5) In the computation of the period of 60 days referred to
    in paragraph (3) and the period of 30 days referred to in
    subparagraph (D) of paragraph (4), there shall be excluded the
    days on which either House of Congress is not in session
    because of an adjournment of more than 3 days to a day certain
    or because of an adjournment of the Congress sine die.
        (h) Barter Agreements.--(1) The exportation pursuant to a
    barter agreement of any goods which may lawfully be exported
    from the United States, for any goods which may lawfully be
    imported into the United States, may be exempted, in accordance
    with paragraph (2) of this subsection, from any quantitative
    limitation on exports (other than any reporting requirement)
    imposed to carry out the policy set forth in section 3(2)(C) of
    this Act.
        (2) the Secretary shall grant an exemption under paragraph
    (1) if the Secretary finds, after consultation with the
    appropriate department or agency of the United States, that--
              (A) for the period during which the barter agreement
            is to be performed--
                      (i) the average annual quantity of the goods
                    to be exported pursuant to the barter agreement
                    will not be required to satisfy the average
                    amount of such goods estimated to be required
                    annually by the domestic economy and will be
                    surplus thereto; and
                      (ii) the average annual quantity of the goods
                    to be imported will be less than the average
                    amount of such goods estimated to be required
                    annually to supplement domestic production; and
              (B) the parties to such barter agreement have
            demonstrated adequately that they intend, and have the
            capacity, to perform such barter agreement.
        (3) For purposes of this subsection, the term ``barter
    agreement'' means any agreement which is made for the exchange,
    without monetary consideration, of any goods produced in the
    United States for any goods produced outside of the United
    States.
        (4) This subsection shall apply only with respect to barter
    agreements entered into after the effective date of this Act.
        (i) Unprocessed Red Cedar.--(1) The Secretary shall require
    a validated license, under the authority contained in
    subsection (a) of this section, for the export of unprocessed
    western red cedar (Thuja plicata) logs, harvested from State or
    Federal lands. The Secretary shall impose quantitative
    restrictions upon the export of unprocessed western red cedar
    logs during the 3-year period beginning on the effective date
    of this Act as follows:
              (A) Not more than thirty million board feet scribner
            of such logs may be exported during the first year of
            such 3-year period.
              (B) Not more than fifteen million board feet scribner
            of such logs may be exported during the second year of
            such period.
              (C) Not more than five million board feet scribner of
            such logs may be exported during the third year of such
            period.
    After the end of such 3-year period, no unprocessed western red
    cedar logs harvested from State or Federal lands may be
    exported from the United States.
        (2) To the maximum extent practicable, the Secretary shall
    utilize the multiple validated export licenses described in
    section 4(a)(2) of this Act in lieu of validated licenses for
    exports under this subsection.
        (3) The Secretary shall allocate export licenses to
    exporters pursuant to this subsection on the basis of a prior
    history of exportation by such exporters and such other factors
    as the Secretary considers necessary and appropriate to
    minimize any hardship to the producers of western red cedar and
    to further the foreign policy of the United States.
        (4) Unprocessed western red cedar logs shall not be
    considered to be an agricultural commodity for purposes of
    subsection (g) of this section.
        (5) As used in this subsection, the term ``unprocessed
    western red cedar'' means red cedar timber which has not been
    processed into--
              (A) lumber of American Lumber Standards Grades of
            Number 3 dimension or better, or Pacific Lumber
            Inspection Bureau Export R-List Grades of Number 3
            common or better;
              (B) chips, pulp, and pulp products;
              (C) veneer and plywood;
              (D) poles, posts, or pilings cut or treated with
            preservative for use as such and not intended to be
            further processed; or
              (E) shakes and shingles.
        (j) Effect of Controls on Existing Contracts.--The export
    restrictions contained in subsection (i) of this section and
    any export controls imposed under this section shall not affect
    any contract to harvest unprocessed western red cedar from
    State lands which was entered into before October 1, 1979, and
    the performance of which would make the red cedar available for
    export. Any export controls imposed under this section on any
    agricultural commodity (including fats, oils, and animal hides
    and skins) or on any forest product or fishery product, shall
    not affect any contract to export entered into before the date
    on which such controls are imposed. For purposes of this
    subsection, the term ``contract to export'' includes, but is
    not limited to, an export sales agreement and an agreement to
    invest in an enterprise which involves the export of goods or
    technology.

                                foreign boycotts

        Sec. 8.\48\ (a) Prohibitions and Exceptions.--(1) For the
    purpose of implementing the policies set forth in subparagraph
    (A) or (B) of paragraph (5) of section 3 of this Act, the
    President shall issue regulations prohibiting any United States
    person, with respect to his activities in the interstate or
    foreign commerce of the United States, from taking or knowingly
    agreeing to take any of the following actions with intent to
    comply with, further, or support any boycott fostered or
    imposed by a foreign country against a country which is
    friendly to the United States and which is not itself the
    object of any form of boycott pursuant to United States law or
    regulation:
    ---------------------------------------------------------------------------
        \48\ 50 U.S.C. app. 2407.
    ---------------------------------------------------------------------------
              (A) Refusing, or requiring any other person to
            refuse, to do business with or in the boycotted
            country, with any business concern organized under the
            laws of the boycotted country, with any national or
            resident of the boycotted country, or with any other
            person, pursuant to an agreement with, a requirement
            of, or a request from or on behalf of the boycotting
            country. The mere absence of a business relationship
            with or in the boycotted country with any business
            concern organized under the laws of the boycotted
            country, with any national or resident of the boycotted
            country, or with any other person, does not indicate
            the existence of the intent required to establish a
            violation of regulations issued to carry out this
            subparagraph.
              (B) Refusing, or requiring any other person to
            refuse, to employ or otherwise discriminating against
            any United States person on the basis of race,
            religion, sex, or national origin of that person or of
            any owner, officer, director, or employee of such
            person.
              (C) Furnishing information with respect to the race,
            religion, sex, or national origin of any United States
            person or of any owner, officer, director, or employee
            of such person.
              (D) Furnishing information about whether any person
            has, has had, or proposes to have any business
            relationship (including a relationship by way of sale,
            purchase, legal or commercial representation, shipping
            or other transport, insurance, investment, or supply)
            with or in the boycotted country, with any business
            concern organized under the laws of the boycotted
            country, with any national or resident of the boycotted
            country, or with any other person which is known or
            believed to be restricted from having any business
            relationship with or in the boycotting country. Nothing
            in this paragraph shall prohibit the furnishing of
            normal business information in a commercial context as
            defined by the Secretary.
              (E) Furnishing information about whether any person
            is a member of, has made contribution to, or is
            otherwise associated with or involved in the activities
            of any charitable or fraternal organization which
            supports the boycotted country.
              (F) Paying, honoring, confirming, or otherwise
            implementing a letter of credit which contains any
            condition or requirement compliance with which is
            prohibited by regulations issued pursuant to this
            paragraph, and no United States person shall, as a
            result of the application of this paragraph, be
            obligated to pay or otherwise honor or implement such
            letter of credit.
        (2) Regulations issued pursuant to paragraph (1) shall
    provide exceptions for--
              (A) complying or agreeing to comply with requirements
            (i) prohibiting the import of goods or services from
            the boycotted country or goods produced or services
            provided by any business concern organized under the
            laws of the boycotted country or by nationals or
            residents of the boycotted country, or (ii) prohibiting
            the shipment of goods to the boycotted country on a
            carrier of the boycotted country, or by a route other
            than that prescribed by the boycotting country or the
            recipient of the shipment;
              (B) complying or agreeing to comply with import and
            shipping document requirements with respect to the
            country of origin, the name of the carrier and route of
            shipment, the name of the supplier of the shipment or
            the name of the provider of other services, except that
            no information knowingly furnished or conveyed in
            response to such requirements may be stated in
            negative, blacklisting, or similar exclusionary terms,
            other than with respect to carriers or route of
            shipment as may be permitted by such regulations in
            order to comply with precautionary requirements
            protecting against war risks and confiscation;
              (C) complying or agreeing to comply in the normal
            course of business with the unilateral and specific
            selection by a boycotting country, or national or
            resident thereof, of carriers, insurers, suppliers of
            services to be performed within the boycotting country
            or specific goods which, in the normal course of
            business, are identifiable by source when imported into
            the boycotting country;
              (D) complying or agreeing to comply with export
            requirements of the boycotting country relating to
            shipments or transshipments of exports to the boycotted
            country, to any business concern of or organized under
            the laws of the boycotted country, or to any national
            or resident of the boycotted country;
              (E) compliance by an individual or agreement by an
            individual to comply with the immigration or passport
            requirements of any country with respect to such
            individual or any member of such individual's family or
            with requests for information regarding requirements of
            employment of such individual within the boycotting
            country; and
              (F) compliance by a United States person resident in
            a foreign country or agreement by such person to comply
            with the laws of that country with respect to his
            activities exclusively therein, and such regulations
            may contain exceptions for such resident complying with
            the laws or regulations of that foreign country
            governing imports into such country of trademarked,
            trade named, or similarly specifically identifiable
            products, or components of products for his own use,
            including the performance of contractual services
            within that country, as may be defined by such
            regulations.
        (3) Regulations issued pursuant to paragraphs (2)(C) and
    (2)(F) shall not provide exceptions from paragraphs (1)(B) and
    (1)(C).
        (4) Nothing in this subsection may be construed to
    supersede or limit the operation of the antitrust, or civil
    rights laws of the United States.
        (5) This section shall apply to any transaction or activity
    undertaken, by or through a United States person or any other
    person, with intent to evade the provisions of this section as
    implemented by the regulations issued pursuant to this
    subsection, and such regulations shall expressly provide that
    the exceptions set forth in paragraph (2) shall not permit
    activities or agreements (expressed or implied by a course of
    conduct, including a pattern of responses) otherwise
    prohibited, which are not within the intent of such exceptions.
        (b) Foreign Policy Controls.--(1) In addition to the
    regulations issued pursuant to subsection (a) of this section,
    regulations issued under section 6 of this Act shall implement
    the policies set forth in section 3(5).
        (2) Such regulations shall require that any United States
    person receiving a request for the furnishing of information,
    the entering into or implementing of agreements, or the taking
    of any other action referred to in section 3(5) shall report
    that fact to the Secretary, together with such other
    information concerning such request as the Secretary may
    require for such action as the Secretary considers appropriate
    for carrying out the policies of that section. Such person
    shall also report to the Secretary whether such person intends
    to comply and whether such person has complied with such
    request. Any report filed pursuant to this paragraph shall be
    made available promptly for public inspection and copying,
    except that information regarding the quantity, description,
    and value of any goods or technology to which such report
    relates may be kept confidential if the Secretary determines
    that disclosure thereof would place the United States person
    involved at a competitive disadvantage. The Secretary shall
    periodically transmit summaries of the information contained in
    such reports to the Secretary of State for such action as the
    Secretary of State, in consultation with the Secretary,
    considers appropriate for carrying out the policies set forth
    in section 3(5) of this Act.
        (c) Preemption.--The provisions of this section and the
    regulations issued pursuant thereto shall preempt any law,
    rule, or regulation of any of the several States or the
    District of Columbia, or any of the territories or possessions
    of the United States, or of any governmental subdivision
    thereof, which law, rule, or regulation pertains to
    participation in, compliance with, implementation of, or the
    furnishing of information regarding restrictive trade practices
    or boycotts fostered or imposed by foreign countries against
    other countries.

              procedures for hardship relief from export controls

        Sec. 9.\49\ (a) Filing of Petitions.--Any person who, in
    such person's domestic manufacturing process or other domestic
    business operation, utilizes a product produced abroad in whole
    or in part from a good historically obtained from the United
    States but which has been made subject to export controls, or
    any person who historically has exported such a good, may
    transmit a petition of hardship to the Secretary requesting an
    exemption from such controls in order to alleviate any unique
    hardship resulting from the imposition of such controls. A
    petition under this section shall be in such form as the
    Secretary shall prescribe and shall contain information
    demonstrating the need for the relief requested.
    ---------------------------------------------------------------------------
        \49\ 50 U.S.C. app. 2408.
    ---------------------------------------------------------------------------
        (b) Decision of the Secretary.--Not later than 30 days
    after receipt of any petition under subsection (a), the
    Secretary shall transmit a written decision to the petitioner
    granting or denying the requested relief. Such decision shall
    contain a statement setting forth the Secretary's basis for the
    grant or denial. Any exemption granted may be subject to such
    conditions as the Secretary considers appropriate.
        (c) Factors To Be Considered.--For purposes of this
    section, the Secretary's decision with respect to the grant or
    denial of relief from unique hardship resulting directly or
    indirectly from the imposition of export controls shall reflect
    the Secretary's consideration of factors such as the following:
              (1) Whether denial would cause a unique hardship to
            the petitioner which can be alleviated only by granting
            an exception to the applicable regulations. In
            determining whether relief shall be granted, the
            Secretary shall take into account--
                      (A) ownership of material for which there is
                    no practicable domestic market by virtue of the
                    location or nature of the material;
                      (B) potential serious financial loss to the
                    applicant if not granted an exception;
                      (C) inability to obtain, except through
                    import, an item essential for domestic use
                    which is produced abroad from the good under
                    control;
                      (D) the extent to which denial would
                    conflict, to the particular detriment of the
                    applicant, with other national policies
                    including those reflected in any international
                    agreement to which the United States is a
                    party;
                      (E) possible adverse effects on the economy
                    (including unemployment) in any locality or
                    region of the United States; and
                      (F) other relevant factors, including the
                    applicant's lack of an exporting history during
                    any base period that may be established with
                    respect to export quotas for the particular
                    good.
              (2) The effect a finding in favor of the applicant
            would have on attainment of the basic objectives of the
            short supply control program.
    In all cases, the desire to sell at higher prices and thereby
    obtain greater profits shall not be considered as evidence of a
    unique hardship, nor will circumstances where the hardship is
    due to imprudent acts or failure to act on the part of the
    petitioner.

     procedures for processing export license applications; other inquiries

        Sec. 10.\50\ (a) Primary Responsibility of the Secretary.--
    (1) All export license applications required under this Act
    shall be submitted by the applicant to the Secretary. All
    determinations with respect to any such application shall be
    made by the Secretary, subject to the procedures provided in
    this section.
    ---------------------------------------------------------------------------
        \50\ 50 U.S.C. app. 2409.
    ---------------------------------------------------------------------------
        (2) It is the intent of the Congress that a determination
    with respect to any export license application be made to the
    maximum extent possible by the Secretary without referral of
    such application to any other department or agency of the
    Government.
        (3) To the extent necessary, the Secretary shall seek
    information and recommendations from the Government departments
    and agencies concerned with aspects of United States domestic
    and foreign polices and operations having an important bearing
    on exports. Such departments and agencies shall cooperate fully
    in rendering such information and recommendations.
        (b) Initial Screening.--Within 10 days after the date on
    which any export license application is submitted pursuant to
    subsection (a)(1), the Secretary shall--
              (1) send the applicant an acknowledgment of the
            receipt of the application and the date of the receipt;
              (2) submit to this applicant a written description of
            the procedures required by this section, the
            responsibilities of the Secretary and of other
            departments and agencies with respect to the
            application and the rights of the applicant;
              (3) return the application without action if the
            application is improperly completed or if additional
            information is required, with sufficient information to
            permit the application to be properly resubmitted, in
            which case of such application is resubmitted, it shall
            be treated as a new application for the purpose of
            calculating the time periods prescribed in this
            section;
              (4) determine whether it is necessary to refer the
            application to any other department or agency and, if
            such referral is determined to be necessary, inform the
            applicant of any such department or agency to which the
            application will be referred; and
              (5) determine whether it is necessary to submit the
            application to a multilateral review process, pursuant
            to a multilateral agreement, formal or informal, to
            which the United States is a part and, if so inform the
            applicant of this requirement.
        (c) Action on Certain Applications.--Except as provided in
    subsection (o), in each case in which the Secretary determines
    that it is not necessary to refer an application to any other
    department or agency for its information and recommendations, a
    license shall be formally issued or denied within 60 days after
    a properly completed application has been submitted pursuant to
    this section.
        (d) Referral to Other Departments and Agencies.--Except in
    the case of exports described in subsection (o), in each case
    in which the Secretary determines that it is necessary to refer
    an application to any other department or agency for its
    information and recommendations, the Secretary shall, within 20
    days after the submission of a properly completed application--
              (1) refer the application, together with all
            necessary analysis and recommendations of the
            Department of Commerce, concurrently to all such
            departments or agencies; and
              (2) if the applicant so requests, provide the
            applicant with an opportunity to review for accuracy
            any documentation to be referred to any such department
            or agency with respect to such application for the
            purpose of describing the export in question in order
            to determine whether such documentation accurately
            describes the proposed export.
    Notwithstanding the 10-day period set forth in subsection (b),
    in the case of exports described in subsection (o), in each
    case in which the Secretary determines that it is necessary to
    refer an application to any other department or agency for its
    information and recommendations, the Secretary shall,
    immediately upon receipt of the properly completed application,
    refer the application to such department or agency for its
    review. Such review shall be concurrent with that of the
    Department of Commerce.
        (e) Action by Other Departments and Agencies.--(1) Any
    department or agency to which an application is referred
    pursuant to subsection (d) shall submit to the Secretary the
    information or recommendations requested with respect to the
    application. The information or recommendations shall be
    submitted within 20 days after the department or agency
    receives the application or, in the case of exports described
    in subsection (o), before the expiration of the time periods
    permitted by that subsection. Except as provided in paragraph
    (2), any such department or agency which does not submit its
    recommendations within the time period prescribed in the
    preceding sentence shall be deemed by the Secretary to have no
    objection to the approval of such application.
        (2)(A) Except in the case of exports described in
    subsection (o), if the head of any such department or agency
    notifies the Secretary before the expiration of the time period
    provided in paragraph (1) for submission of its recommendations
    that more time is required for review by such department or
    agency, such department or agency shall have an additional 20-
    day period to submit its recommendations to the Secretary. If
    such department or agency does not submit its recommendations
    within the time period prescribed by the preceding sentence, it
    shall be deemed by the Secretary to have no objection to the
    approval of such application.
        (B) In the case of exports described in subsection (o), if
    the head of any such department or agency notifies the
    Secretary, before the expiration of the 15-day period provided
    in subsection (o)(1), that more time is required for review by
    such department or agency, the Secretary shall notify the
    applicant, pursuant to subsection (o)(1)(C), that additional
    time is required to consider the application, and such
    department or agency shall have additional time to consider the
    application within the limits permitted by subsection (o)(2).
    If such department or agency does not submit its
    recommendations within the time periods permitted under
    subsection (o), it shall be deemed by the Secretary to have no
    objection to the approval of such application.
        (f) Action by the Secretary.--(1) Within 60 days after
    receipt of the recommendations of other departments and
    agencies with respect to a license application, as provided in
    subsection (e), the Secretary shall formally issue or deny the
    license. In deciding whether to issue or deny a license, the
    Secretary shall take into account any recommendation of a
    department or agency with respect to the application in
    question. In cases where the Secretary receives conflicting
    recommendations, the Secretary shall, within the 60-day period
    provided for in this subsection, take such action as may be
    necessary to resolve such conflicting recommendations. The
    provisions of this paragraph shall not apply in the case of
    exports described in subsection (o).
        (2) In cases where the Secretary receives questions or
    negative considerations or recommendations from any other
    department or agency with respect to an application, the
    Secretary shall, to the maximum extent consistent with the
    national security and foreign policy of the United States,
    inform the applicant in writing of the specific questions
    raised and any such negative considerations or recommendations.
    Before a final determination with respect to the application in
    made, the applicant shall be entitled--
              (A) to respond in writing to such questions,
            considerations, or recommendations within 30 days after
            receipt of such information from the Secretary; and
              (B) upon the filing of a written request with the
            Secretary within 15 days after the receipt of such
            information, to respond in person to the department or
            agency raising such questions, considerations, or
            recommendations.
    The provisions of this paragraph shall not apply in the case of
    exports described in subsection (o).
         (3) In cases where the Secretary has determined that an
    application should be denied, the applicant shall be informed
    in writing, within 5 days after such determination is made,
    of--
              (A) the determination,
              (B) the statutory basis for the proposed denial,
              (C) the policies set forth in section 3 of this Act
            which would be furthered by the proposed denial,
              (D) what if any modifications in or restrictions on
            the goods or technology for which the license was
            sought would allow such export to be compatible with
            export controls imposed under this Act,
              (E) which officers and employees of the Department of
            Commerce who are familiar with the application will be
            made reasonably available to the applicant for
            considerations with regard to such modifications or
            restrictions, if appropriate,
              (F) to the extent consistent with the national
            security and foreign policy of the United States, the
            specific considerations which led to the determination
            to deny the application, and
              (G) the availability of appeal procedures.
    The Secretary shall allow the applicant at least 30 days to
    respond to the Secretary's determination before the license
    application is denied. In the event decisions on license
    applications are deferred inconsistent with the provisions of
    this section, the applicant shall be so informed in writing
    within 5 days after such deferral.
        (4) If the Secretary determines that a particular
    application or set of applications is of exceptional importance
    and complexity, and that additional time is required for
    negotiations to modify the application or applications, the
    Secretary may extend any time period prescribed in this
    section. The Secretary shall notify the Congress and the
    applicant of such extension and the reasons therefor. The
    provisions of this paragraph shall not apply in the case of
    exports described in subsection (o).
        (g) Special Procedures for Secretary of Defense.--(1)
    Notwithstanding any other provision of this section, the
    Secretary of Defense is authorized to review any proposed
    export of any goods or technology to any country to which
    exports are controlled for national security purposes and,
    whenever the Secretary of Defense determines that the export of
    such goods or technology will make a significant contribution,
    which would prove detrimental to the national security of the
    United States, to the military potential of any such country,
    to recommend to the President that such export be disapproved.
        (2) Notwithstanding any other provision of law, the
    Secretary of Defense shall determine, in consultation with the
    Secretary, and confirm in writing the types and categories of
    transactions which should be reviewed by the Secretary of
    Defense in order to make a determination referred to in
    paragraph (1). Whenever a license or other authority is
    requested for the export to any country to which exports are
    controlled for national security purposes of goods or
    technology within any such type or category, the Secretary
    shall notify the Secretary of Defense of such request, and the
    Secretary may not issue any license or other authority pursuant
    to such request before the expiration of the period within
    which the President may disapprove such export. The Secretary
    of Defense shall carefully consider any notification submitted
    by the Secretary pursuant to this paragraph and, not later than
    20 days after notification of the request, shall--
              (A) recommend to the President and the Secretary \51\
            that he disapprove any request for the export of the
            goods or technology involved to the particular country
            if the Secretary of Defense determines that the export
            of such goods or technology will make a significant
            contribution, which would prove detrimental to the
            national security of the United States, to the military
            potential of such country or any other country;
    ---------------------------------------------------------------------------
        \51\ Sec. 2425(a)(1) of Public Law 100-418 (102 Stat. 1360)
    inserted ``and the Secretary''.
    ---------------------------------------------------------------------------
              (B) notify the Secretary that he would recommend
            approval subject to specified conditions; or
              (C) recommend to the Secretary that the export of
            goods or technology be approved.
    Whenever the Secretary of Defense makes a recommendation to the
    President pursuant to paragraph (2)(A), the Secretary shall
    also submit his recommendation to the President on the request
    to export if the Secretary differs with the Secretary of
    Defense.\52\ If the President notifies the Secretary, with 20
    days after receiving a recommendation from the Secretary of
    Defense, that he disapproves such export, no license or other
    authority may be issued for the export of such goods or
    technology to such country. If the Secretary of Defense fails
    to make a recommendation or notification under this paragraph
    within the 20-day period specified in the third sentence, or if
    the President, within 20 days after receiving a recommendation
    from the Secretary of Defense with respect to an export, fails
    to notify the Secretary that he approves or disapproves the
    export, the Secretary shall approve or deny the request for a
    license or other authority to export without such
    recommendation or notification.\53\
    ---------------------------------------------------------------------------
        \52\ Sec. 2425(a)(2) of Public Law 100-418 (102 Stat. 1360) added
    this sentence.
        \53\ Sec. 2425(a)(3) of Public Law 100-418 (102 Stat. 1360) added
    this sentence.
    ---------------------------------------------------------------------------
        (3) The Secretary shall approve or disapprove a license
    application, and issue or deny a license, in accordance with
    the provisions of this subsection, and, to the extent
    applicable, in accordance with the time periods and procedures
    otherwise set forth in this section.\54\
    ---------------------------------------------------------------------------
        \54\ Sec. 2425(a)(4) of Public Law 100-418 (102 Stat. 1360) struck
    out para. (4), which previously read as follows:
        ``(4) Whenever the President exercises his authority under this
    subsection to modify or overrule a recommendation made by the Secretary
    of Defense or exercises his authority to modify or overrule any
    recommendation made by the Secretary of Defense under subsection (c) or
    (d) of section 5 of this Act with respect to the list of goods and
    technologies controlled for national security purposes, the President
    shall promptly transmit to the Congress a statement indicating his
    decision, together with the recommendation of the Secretary of
    Defense.''.
    ---------------------------------------------------------------------------
        (h) Multilateral Controls.--In any case in which an
    application, which has been finally approved under subsection
    (c), (f), or (g) of this section, is required to be submitted
    to a multilateral review process, pursuant to a multilateral
    agreement, formal or informal, to which the United States is a
    party, the license shall not be issued as prescribed in such
    subsections, but the Secretary shall notify the applicant of
    the approval of the application (and the date of such approval)
    by the Secretary subject to such multilateral review. The
    license shall be issued upon approval of the application under
    such multilateral review. If such multilateral review has not
    resulted in a determination with respect to the application
    within 40 days after such date, the Secretary's approval of the
    license shall be final and the license shall be issued, unless
    the Secretary determines that issuance of the license would
    prove detrimental to the national security of the United
    States. At the time at which the Secretary makes such a
    determination, the Secretary shall notify the applicant of the
    determination and shall notify the Congress of the
    determination, the reasons for the determination, the reasons
    for which the multilateral review could not be concluded within
    such 40-day period, and the actions planned or being taken by
    the United States Government to secure conclusion of the
    multilateral review. At the end of every 40-day period after
    such notification to Congress, the Secretary shall advise the
    applicant and the Congress of the status of the application,
    and shall report to the Congress in detail on the reasons for
    the further delay and any further actions being taken by the
    United States Government to secure conclusion of the
    multilateral review. In addition, at the time at which the
    Secretary issues or denies the license upon conclusion of the
    multilateral review, the Secretary shall notify the Congress of
    such issuance or denial and of the total time required for the
    multilateral review.
        (i) Records.--The Secretary and any department or agency to
    which any application is referred under this section shall keep
    accurate records with respect to all applications considered by
    the Secretary or by any such department or agency, including,
    in the case of the Secretary, any dissenting recommendations
    received from any such department or agency.
        (j) Appeal and Court Action.--(1) The Secretary shall
    establish appropriate procedures for any applicant to appeal to
    the Secretary the denial of an export license application of
    the applicant.
        (2) In any case in which any action prescribed in this
    section is not taken on a license application within the time
    periods established by this section (except in the case of a
    time period extended under subsection (f)(4) of which the
    applicant is notified), the applicant may file a petition with
    the Secretary requesting compliance with the requirements of
    this section. When such petition is filed, the Secretary shall
    take immediate steps to correct the situation giving rise to
    the petition and shall immediately notify the applicant of such
    steps.
        (3) If, within 20 days after a petition is filed under
    paragraph (2), the processing of the application has not been
    brought into conformity with the requirements of this section,
    or the application has been brought into conformity with such
    requirements but the Secretary has not so notified the
    applicant, the applicant may bring an action in an appropriate
    United States district court for a restraining order, a
    temporary or permanent injunction, or other appropriate relief,
    to require compliance with the requirements of this section.
    The United States district courts shall have jurisdiction to
    provide such relief, as appropriate.
        (k) Changes in Requirements for Applications.--Except as
    provided in subsection (b)(3) of this section, in any case in
    which, after a license application is submitted, the Secretary
    changes the requirements for such a license application, the
    Secretary may request appropriate additional information of the
    applicant, but the Secretary may not return the application to
    the applicant without action because it fails to meet the
    changed requirements.
        (l) Other Inquiries.--(1) In any case in which the
    Secretary receives a written request asking for the proper
    classification of a good or technology on the control list, the
    Secretary shall, within 10 working days after receipt of the
    request, inform the person making the request of the proper
    classification.
        (2) In any case in which the Secretary receives a written
    request for information about the applicability of export
    license requirements under this Act to a proposed export
    transaction or series of transactions, the Secretary shall,
    within 30 days after receipt of the request, reply with that
    information to the person making the request.
        (m) Small Business Assistance.--Not later than 120 days
    after the date of the enactment of this subsection, the
    Secretary shall develop and transmit to the Congress a plan to
    assist small businesses in the export licensing application
    process under this Act. The plan shall include, among other
    things, arrangements for counseling small businesses on filing
    applications and identifying goods or technology on the control
    list, proposals for seminars and conferences to educate small
    businesses on export controls and licensing procedures, and the
    preparation of informational brochures. The Secretary shall,
    not later than 120 days after the date of the enactment of the
    Export Enhancement Act of 1988, report to the Congress on steps
    taken to implement the plan developed under this subsection to
    assist small businesses in the export licensing application
    process.\55\
    ---------------------------------------------------------------------------
        \55\ Sec. 2425(c) of Public Law 100-418 (102 Stat. 1361) added this
    sentence.
    ---------------------------------------------------------------------------
        (n) Reports on License Applications.--(1) Not later than
    180 days after the date of the enactment of this subsection,
    and not later than the end of each 3-month period thereafter,
    the Secretary shall submit to the Committee on Foreign Affairs
    \56\ of the House of Representatives and to the Committee on
    Banking, Housing, and Urban Affairs of the Senate a report
    listing--
    ---------------------------------------------------------------------------
        \56\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (A) all applications on which action was completed
            during the preceding 3-month period and which required
            a period longer than the period permitted under
            subsection (c), (f)(1), or (h) of this section, as the
            case may be, before notification of a decision to
            approve or deny the application was sent to the
            applicant; and
              (B) in a separate section, all applications which
            have been in process for a period longer than the
            period permitted under subsection (c), (f)(1), or (h)
            of this section, as the case may be, and upon which
            final action has not been taken.
        (2) With regard to each application, each listing shall
    identify--
              (A) the application case number;
              (B) the value of the goods or technology to which the
            application relates;
              (C) the country of destination of the goods or
            technology;
              (D) the date on which the application was received by
            the Secretary;
              (E) the date on which the Secretary approved or
            denied the application;
              (F) the date on which the notification of approval or
            denial of the application was sent to the applicant;
            and
              (G) the total number of days which elapsed between
            receipt of the application, in its properly completed
            form, and the earlier of the last day of the 3-month
            period to which the report relates, or the date on
            which notification of approval or denial of the
            application was sent to the applicant.
        (3) With respect to an application which was referred to
    other departments or agencies, the listing shall also include--
              (A) the departments or agencies to which the
            application was referred;
              (B) the date or dates of such referral; and
              (C) the date or dates on which recommendations were
            received from those departments or agencies.
        (4) With respect to an application referred to any other
    department or agency which did not submit or has not submitted
    its recommendations on the application within the period
    permitted under subsection (e) of this section to submit such
    recommendations, the listing shall also include--
              (A) the office responsible for processing the
            application and the position of the officer responsible
            for the office; and
              (B) the period of time that elapsed before the
            recommendations were submitted or that has elapsed
            since referral of the application, as the case may be.
        (5) Each report shall also provide an introduction which
    contains--
              (A) summary of the number of applications described
            in paragraph (1)(A) and (B) of this subsection, and the
            value of the goods or technology involved in the
            applications, grouped according to--
                      (i) the number of days which elapsed before
                    action on the applications was completed, or
                    which has elapsed without action on the
                    applications being completed, as follows: 61 to
                    75 days, 76 to 90 days, 91 to 105 days, 106 to
                    120 days, and more than 120 days; and
                      (ii) the number of days which elapsed before
                    action on the applications was completed, or
                    which has elapsed without action on the
                    applications being completed, beyond the period
                    permitted under subsection (c), (f)(1), or (h)
                    of this section for the processing of
                    applications, as follows: not more than 15
                    days, 16 to 30 days, 31 to 45 days, 46 to 60
                    days, and more than 60 days; and
              (B) a summary by country of destination of the number
            of applications described in paragraph (1)(A) and (B)
            of this subsection, and the value of the goods or
            technology involved in applications, on which action
            was not completed within 60 days.
        (o) Exports to Members of Coordinating Committee.--(1)
    Fifteen working days after the date of formal filing with the
    Secretary of an individual validated license application for
    the export of goods or technology to a country that maintains
    export controls on such goods or technology pursuant to the
    agreement of the governments participating in the group known
    as the coordinating Committee, a license for the transaction
    specified in the application shall become valid and effective
    and the goods or technology are authorized for export pursuant
    to such license unless--
              (A) the application has been otherwise approved by
            the Secretary, in which case it shall be valid and
            effective according to the terms of the approval;
              (B) the application has been denied by the Secretary
            pursuant to this section and the applicant has been so
            informed, or the applicant has been informed, pursuant
            to subsection (f)(3) of this section, that the
            application should be denied; or
              (C) the Secretary requires additional time to
            consider the application and the applicant has been so
            informed.
        (2) In the event that the Secretary notifies an applicant
    pursuant to paragraph (1)(C) that the Secretary notifies an
    applicant pursuant to paragraph (1)(C) that more time is
    required to consider an individual validated license
    application, a license for the transaction specified in the
    application shall become valid and effective and the goods or
    technology are authorized for export pursuant to such license
    30 working days after the date that such license application
    was formally filed with the Secretary unless--
              (A) the application has been otherwise approved by
            the Secretary, in which case it shall be valid and
            effective according to the terms of the approval; or
              (B) the application has been denied by the Secretary
            pursuant to this section and the applicant has been so
            informed, or the applicant has been informed, pursuant
            to subsection (f)(3) of this section, that the
            application should be denied.
        (3) In reviewing an individual license application subject
    to this subsection, the Secretary shall evaluate the
    information set forth in the application and the reliability of
    the end-user.
        (4) Nothing in this subsection shall affect the scope or
    availability of licenses authorizing multiple exports set forth
    in section 4(a)(2) of this Act.
        (5) The provisions of this subsection shall take effect 4
    months after the date of the enactment of the Export
    Administration Amendments Act of 1985.

                                   violations

        Sec. 11.\57\ (a) In General.--Except as provided in
    subsection (b) of this section, whoever knowingly violates or
    conspires to or attempts to violate any provision of this Act
    or any regulation, order, or license issued thereunder shall be
    fined not more than five times the value of the exports
    involved or $50,000, whichever is greater, or imprisoned not
    more than 5 years, or both.
    ---------------------------------------------------------------------------
        \57\ 50 U.S.C. app. 2410.
    ---------------------------------------------------------------------------
        (b) Willful Violations.--(1) Whoever willfully violates or
    conspires to or attempts to violate any provision of this Act
    or any regulation, order, or license issued thereunder, with
    knowledge that the exports involved will be used for the
    benefit of, or that the destination or intended destination of
    the goods or technology involved is, any controlled country or
    any country to which exports are controlled for foreign policy
    purposes--
              (A) except in the case of an individual, shall be
            fined not more than five times the value of the exports
            involved or $1,000,000, whichever is greater; and
              (B) in the case of an individual, shall be fined not
            more than $250,000, or imprisoned not more than 10
            years, or both.
        (2) Any person who is issued a validated license under this
    Act for the export of any good or technology to a controlled
    country and who, with knowledge that such a good or technology
    is being used by such controlled country for military or
    intelligence gathering purposes contrary to the conditions
    under which the license was issued, willfully fails to report
    such use of the Secretary of Defense--
              (A) except in the case of an individual, shall be
            fined not more than five times the value of the exports
            involved or $1,000,000, whichever is greater; and
              (B) in the case of an individual, shall be fined not
            more than $250,000, or imprisoned not more than 5
            years, or both.
        (3) Any person who possesses any goods or technology--
              (A) with the intent to export such goods or
            technology in violation of an export control imposed
            under section 5 or 6 of this Act or any regulation,
            order, or license issued with respect to such control,
            or
              (B) knowing or having reason to believe that the
            goods or technology would be so exported,
    shall, in the case of a violation of an export control imposed
    under section 5 (or any regulation, order, or license issued
    with respect to such control), be subject to the penalties set
    forth in paragraph (1) of this subsection and shall, in the
    case of a violation of an export control imposed under section
    6 (or any regulation, order, or license issued with respect to
    such control), be subject to the penalties set forth in
    subsection (a).
        (4) Any person who takes any action with the intent to
    evade the provisions of this act or any regulation, order, or
    license issued under this Act shall be subject to the penalties
    set forth in subsection (a), except that in the case of an
    evasion of an export control imposed under section 5 or 6 of
    this act (or any regulation, order, or license issued with
    respect to such control), such person shall be subject to the
    penalties set forth in paragraph (1) of this subsection.
        (5) Nothing in this subsection or subsection (a) shall
    limit the power of the Secretary to define by regulations
    violations under this Act.
        (c) Civil Penalties; Administrative Sanctions.--(1) The
    Secretary (and officers and employees of the Department of
    Commerce specifically designated by the Secretary) may impose a
    civil penalty not to exceed $10,000 for each violation of this
    Act or any regulation, order, or license issued under this act,
    either in addition to or in lieu of any other liability or
    penalty which may be imposed, except that the civil penalty for
    each such violation involving national security controls
    imposed under section 5 of this Act or controls imposed on the
    export of defense articles and defense services under section
    38 of the Arms Export Control Act may not exceed $100,000.
        (2)(A) The authority under this Act to suspend or revoke
    the authority of any United States person to export goods or
    technology may be used with respect to any violation of the
    regulations issued pursuant to section 8(a) of this Act.
        (B) Any administrative sanction (including any civil
    penalty or any suspension or revocation of authority to export)
    imposed under this Act for a violation of the regulations
    issued pursuant to section 8(a) of this Act may be imposed only
    after notice and opportunity for an agency hearing on the
    record in accordance with sections 554 through 557 of title 5,
    United States Code.
        (C) Any charging letter or other document initiating
    administrative proceedings for the imposition of sanctions for
    violations of the regulations issued pursuant to section 8(a)
    of this Act shall be made available for public inspection and
    copying.
        (3) An exception may not be made to any order issued under
    this Act which revokes the authority of a United States person
    to export goods or technology unless the Committee on Foreign
    Affairs \55\ of the House of Representatives and the Committee
    on Banking, Housing, and Urban Affairs of the Senate are first
    consulted concerning the exception.
        (4) The President may by regulation provide standards for
    establishing levels of civil penalty provided in this
    subsection based upon the seriousness of the violation, the
    culpability of the violator, and the violator's record of
    cooperation with the Government in disclosing the violation.
        (d) Payment of Penalties.--The payment of any penalty
    imposed pursuant to subsection (c) may be made a condition, for
    a period not exceeding one year after the imposition of such
    penalty, to the granting, restoration, or continuing validity
    of any export license, permission, or privilege granted or to
    be granted to the person upon whom such penalty is imposed. In
    addition, the payment of any penalty imposed under subsection
    (c) may be deferred or suspended in whole or in part for a
    period of time no longer than any probation period (which may
    exceed one year) that may be imposed upon such person. Such a
    deferral or suspension shall not operate as a bar to the
    collection of the penalty in the event that the conditions of
    the suspension, deferral, or probation are not fulfilled.
        (e) Refunds.--Any amount paid in satisfaction of any
    penalty imposed pursuant to subsection (c), or any amounts
    realized from the forfeiture of any property interest or
    proceeds pursuant to subsection (g), shall be covered into the
    Treasury as a miscellaneous receipt. The head of the department
    or agency concerned may, in his discretion, refund any such
    penalty imposed pursuant to subsection (c), within 2 years
    after payment, on the ground of a material error of fact or law
    in the imposition of the penalty. Notwithstanding section
    1346(a) of title 28, United States Code, no action for the
    refund of any such penalty may be maintained in any court.
        (f) Actions for Recovery of Penalties.--In the event of the
    failure of any person to pay a penalty imposed pursuant to
    subsection (c) a civil action for the recovery thereof may, in
    the discretion of the head of the department or agency
    concerned, be brought in the name of the United States. In any
    such action the court shall determine de novo all issues
    necessary to the establishment of liability. Except as provided
    in this subsection and in subsection (d), no such liability
    shall be asserted, claimed, or recovered upon by the United
    States in any way unless it has previously been reduced to
    judgment.
        (g) Forfeiture of Property Interest and Proceeds.--(1) Any
    person who is convicted under subsection (a) or (b) of a
    violation of an export control imposed under section 5 of this
    Act (or any regulation, order, or license issued with respect
    to such control) shall, in addition to any other penalty,
    forfeit to the United States--
              (A) any of that person's interest in, security of,
            claim against, or property or contractual rights of any
            kind in the goods or tangible items that were the
            subject of the violation;
              (B) any of that person's interest in, security of,
            claim against, or property or contractual rights of any
            kind in tangible property that was used in the export
            or attempt to export that was the subject of the
            violation; and
              (C) any of that person's property constituting, or
            derived from, any proceeds obtained directly or
            indirectly as a result of the violation.
        (2) The procedures in any forfeiture under this subsection,
    and the duties and authority of the courts of the United States
    and the Attorney General with respect to any forfeiture action
    under this subsection or with respect to any property that may
    be subject to forfeiture under this subsection, shall be
    governed by the provisions of section 1963 of title 18, United
    States Code.
        (h) Prior Convictions.--(1) \58\ No person convicted of a
    violation of this Act (or any regulation, license, or order
    issued under this Act), any regulation, license, or order
    issued under the International Emergency Economic Powers
    Act,\58\ section 793, 794, or 798 of title 18, United States
    Code, section 4(b) on the Internal Security Act of 1950 (50
    U.S.C. 783(b)), or section 38 of the Arms Export Control Act
    (22 U.S.C. 2778) shall be eligible, at the discretion of the
    Secretary, to apply for or use any export license under this
    Act for a period of up to 10 years from the date of the
    conviction. The Secretary may revoke any export license under
    this Act in which such person has an interest at the time of
    the conviction.
    ---------------------------------------------------------------------------
        \58\ Sec. 2426 of Public Law 100-418 (102 Stat. 1361) inserted
    ``(1)'', inserted ``this Act (or any regulation, license, or order
    issued under this Act), any regulation, license, or order issued under
    the International Emergency Economic Powers Act,'', and added para.
    (2).
    ---------------------------------------------------------------------------
      (2) \58\ The Secretary may exercise the authority under
    paragraph (1) with respect to any person related, through
    affiliation, ownership, control, or position of responsibility,
    to any person convicted of any violation of law set forth in
    paragraph (1), upon a showing of such relationship with the
    convicted party, and subject to the procedures set forth in
    section 13(c) of this Act.
        (i) Other Authorities.--Nothing in subsection (c), (d),
    (f), (g), or (h) limits--
              (1) the availability of other administrative or
            judicial remedies with respect to violations of this
            Act, or any regulation, order, or license issued under
            this Act;
              (2) the authority to compromise and settle,
            administrative proceedings brought with respect to
            violations of this Act, or any regulation, order, or
            license issued under this Act; or
              (3) the authority to compromise, remit or mitigate
            seizures and forfeitures pursuant to section 1(b) of
            title VI of the Act of June 15, 1917 (22 U.S.C.
            401(b)).

                     multilateral export control violations

      Sec. 11A.\59\ (a) Determination by the President.--The
    President, subject to subsection (c), shall apply sanctions
    under subsection (b) for a period of not less than 2 years and
    not more than 5 years, if the President determines that--
    ---------------------------------------------------------------------------
        \59\ 50 U.S.C. app. 2410a. Sec. 2444 of Public Law 100-418 (102
    Stat. 1366) added sec. 11A.
    ---------------------------------------------------------------------------
              (1) a foreign person has violated any regulation
            issued by a country to control exports for national
            security purposes pursuant to the agreement of the
            group known as the Coordinating Committee, and
              (2) such violation has resulted in substantial
            enhancement of Soviet and East bloc capabilities in
            submarine or antisubmarine warfare, ballistic or
            antiballistic missile technology, strategic aircraft,
            command, control, communications and intelligence, or
            other critical technologies as determined by the
            President, on the advice of the National Security
            Council, to represent a serious adverse impact on the
            strategic balance of forces.
    The President shall notify the Congress of each action taken
    under this section. This section, except subsections (h) and
    (j), applies only to violations that occur after the date of
    the enactment of the Export Enhancement Act of 1988.
      (b) Sanctions.--The sanctions referred to in subsection (a)
    shall apply to the foreign person committing the violation, as
    well as to any parent, affiliate, subsidiary, and successor
    entity of the foreign person, and, except as provided in
    subsection (c), are as follows:
              (1) a prohibition on contracting with, and
            procurement of products and services from, a sanctioned
            person, by any department, agency, or instrumentality
            of the United States Government, and
              (2) a prohibition on importation into the United
            States of all products produced by a sanctioned person.
      (c) Exceptions.--The President shall not apply sanctions
    under this section--
              (1) in the case of procurement of defense articles or
            defense services--
                      (A) under existing contracts or subcontracts,
                    including the exercise of options for
                    production quantities to satisfy United States
                    operational military requirements;
                      (B) if the President determines that the
                    foreign person or other entity to which the
                    sanctions would otherwise be applied is a sole
                    source supplier of essential defense articles
                    or services and no alternative supplier can be
                    identified; or
                      (C) if the President determines that such
                    articles or services are essential to the
                    national security under defense coproduction
                    agreements; or
              (2) to--
                      (A) products or services provided under
                    contracts or other binding agreements (as such
                    terms are defined by the President in
                    regulations) entered into before the date on
                    which the President notifies the Congress of
                    the intention to impose the sanctions;
                      (B) spare parts;
                      (C) component parts, but not finished
                    products, essential to United States products
                    or production;
                      (D) routine servicing and maintenance of
                    products; or
                      (E) information and technology.
      (d) Exclusion.--The President shall not apply sanctions under
    this section to a parent, affiliate, subsidiary, and successor
    entity of a foreign person if the President determines that--
              (1) the parent, affiliate, subsidiary, or successor
            entity (as the case may be) has not knowingly violated
            the export control regulation violated by the foreign
            person, and
              (2) the government of the country with jurisdiction
            over the parent, affiliate, subsidiary, or successor
            entity had in effect, at the time of the violation by
            the foreign person, an effective export control system
            consistent with principles agreed to in the
            Coordinating Committee, including the following:
                      (A) national laws providing appropriate civil
                    and criminal penalties and statutes of
                    limitations sufficient to deter potential
                    violations;
                      (B) a program to evaluate export license
                    applications that includes sufficient technical
                    expertise to assess the licensing status of
                    exports and ensure the reliability of end-
                    users;
                      (C) an enforcement mechanism that provides
                    authority for trained enforcement officers to
                    investigate and prevent illegal exports;
                      (D) a system of export control documentation
                    to verify the movement of goods and technology;
                    and
                      (E) procedures for the coordination and
                    exchange of information concerning violations
                    of the agreement of the Coordinating Committee.
      (e) Definitions.--For purposes of this section--
              (1) the term ``component part'' means any article
            which is not usable for its intended functions without
            being imbedded in or integrated into any other product
            and which, if used in production of a finished product,
            would be substantially transformed in that process;
              (2) the term ``finished product'' means any article
            which is usable for its intended functions without
            being imbedded or integrated into any other product,
            but in no case shall such term be deemed to include an
            article produced by a person other than a sanctioned
            person that contains parts or components of the
            sanctioned person if the parts or components have been
            substantially transformed during production of the
            finished product; and
              (3) the term ``sanctioned person'' means a foreign
            person, and any parent, affiliate, subsidiary, or
            successor entity of the foreign person, upon whom
            sanctions have been imposed under this section.
      (f) Subsequent Modifications of Sanctions.--The President
    may, after consultation with the Congress, limit the scope of
    sanctions applied to a parent, affiliate, subsidiary, or
    successor entity of the foreign person determined to have
    committed the violation on account of which the sanctions were
    imposed if the President determines that--
              (1) the parent, affiliate, subsidiary, or successor
            entity (as the case may be) has not, on the basis of
            available evidence, itself violated the export control
            regulation involved, either directly or through a
            course of conduct;
              (2) the government with jurisdiction over the parent,
            affiliate, subsidiary, or successor entity has improved
            its export control system as measured by the criteria
            set forth in subsection (d)(2);
              (3) the parent, affiliate, subsidiary, or successor
            entity, has instituted improvements in internal
            controls sufficient to detect and prevent violations of
            the export control regime implemented under paragraph
            (2); and
              (4) the impact of the sanctions imposed on the
            parent, affiliate, subsidiary, or successor entity is
            proportionate to the increased defense expenditures
            imposed on the United States.
    Notwithstanding the preceding sentence, the President may not
    limit the scope of the sanction referred to in subsection
    (b)(1) with respect to the parent of the foreign person
    determined to have committed the violation, until that sanction
    has been in effect for at least 2 years.
      (g) Reports to Congress.--The President shall include in the
    annual report submitted under section 14, a report on the
    status of any sanctions imposed under this section, including
    any exceptions, exclusions, or modifications of sanctions that
    have been applied under subsection (c), (d), or (f).
      (h) Discretionary Imposition of Sanctions.--If the President
    determines that a foreign person has violated a regulation
    issued by a country to control exports for national security
    purposes pursuant to the agreement of the group known as the
    Coordinating Committee, but in a case in which subsection
    (a)(2) may not apply, the President may apply the sanctions
    referred to in subsection (b) against that foreign person for a
    period of not more than 5 years.
      (i) Compensation for Diversion of Militarily Critical
    Technologies to Controlled Countries.--(1) In cases in which
    sanctions have been applied against a foreign person under
    subsection (a), the President shall initiate discussions with
    the foreign person and the government with jurisdiction over
    that foreign person regarding compensation on the part of the
    foreign person in an amount proportionate to the costs of
    research and development and procurement of new defensive
    systems by the United States and the allies of the United
    States to counteract the effect of the technological advance
    achieved by the Soviet Union as a result of the violation by
    that foreign person.
      (2) The President shall, at the time that discussions are
    initiated under paragraph (1), report to the Congress that such
    discussions are being undertaken, and shall report to the
    Congress the outcome of those discussions.
      (j) Other Actions by the President.--Upon making a
    determination under subsection (a) or (h), the President
    shall--
              (1) initiate consultations with the foreign
            government with jurisdiction over the foreign person
            who committed the violation involved, in order to seek
            prompt remedial action by that government;
              (2) initiate discussions with the governments
            participating in the Coordinating Committee regarding
            the violation and means to ensure that similar
            violations do not occur; and
              (3) consult with and report to the Congress on the
            nature of the violation and the actions the President
            proposes to take, or has taken, to rectify the
            situation.
      (k) Damages for Certain Violations.--(1) In any case in which
    the President makes a determination under subsection (a), the
    Secretary of Defense shall determine the costs of restoring the
    military preparedness of the United States on account of the
    violation involved. The Secretary of Defense shall notify the
    Attorney General of his determination, and the Attorney General
    may bring an action for damages, in any appropriate district
    court of the United States, to recover such costs against the
    person who committed the violation, any person that is owned or
    controlled by the person who committed the violation, and any
    person who owns and controls the person who committed the
    violation.
      (3) \60\ The total amount awarded in any case brought under
    paragraph (2) shall be determined by the court in light of the
    facts and circumstances, but shall not exceed the amount of the
    net loss to the national security of the United States. An
    action under this subsection shall be commenced not later than
    3 years after the violation occurs, or one year after the
    violation is discovered, whichever is later.
    ---------------------------------------------------------------------------
        \60\ As enrolled; should probably read ``(2)''.
    ---------------------------------------------------------------------------
      (l) Definition.--For purposes of this section, the term
    ``foreign person'' means any person other than a United States
    person.

                    missile proliferation control violations

        Sec. 11B.\61\ (a) Violations by United States Persons.--
    ---------------------------------------------------------------------------
        \61\ 50 U.S.C. app. 2410b. Sec. 1702(b) of the National Defense
    Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
    1741) added sec. 11B. In a memorandum of June 15, 1993 (58 F.R. 33182),
    the President delegated authorities and duties outlined in sec. 11B to
    the Secretary of Commerce, with the following exceptions:
    ---------------------------------------------------------------------------

      --sec. 11B(b)(1)(A) (insofar as such section authorizes determinations
    with respect to violations by U.S. persons of the AECA), sec. 11B(b)(1)
    (insofar as such section authorizes determinations regarding activities by
    foreign persons, and sec. 11B(b)(5)--delegated to Secretary of State;

      --sec. 11B(a)(3), 11B(b)(6), 11B(b)(7)(A) (findings)--Secretary of
    Defense;

      --sec. 11B(b)(6) (waivers)--Secretary of State shall transmit to
    Congress, with notification to Secretary of the Treasury;

      --sec. 11B(b)(1) (pursuant to determination made by Secretary of State to
    prohibit certain imports), and sec. 11B(b)(7) (exceptions)--Secretary of
    the Treasury.

              (1) \62\ Sanctions.--(A) If the President determines
            that a United States person knowingly--
    ---------------------------------------------------------------------------
        \62\ See Presidential Memorandum of June 25, 1991 (56 F.R. 31041;
    July 8, 1991), delegating authority regarding missile technology
    proliferation.
    ---------------------------------------------------------------------------
                      (i) exports, transfers, or otherwise engages
                    in the trade of any item on the MTCR Annex, in
                    violation of the provisions of section 38 (22
                    U.S.C. 2778) or chapter 7 of the Arms Export
                    Control Act,\63\ section 5 or 6 of this Act, or
                    any regulations or orders issued under any such
                    provisions,
    ---------------------------------------------------------------------------
        \63\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------
                      (ii) conspires to or attempts to engage in
                    such export, transfer, or trade, or
                      (iii) facilitates such export, transfer, or
                    trade by any other person,
            then the President shall impose the applicable
            sanctions described in subparagraph (B).
              (B) The sanctions which apply to a United States
            person under subparagraph (A) are the following:
                      (i) If the item on the MTCR Annex involved in
                    the export, transfer, or trade is missile
                    equipment or technology within category II of
                    the MTCR Annex, then the President shall deny
                    to such United States person, for a period of 2
                    years, licenses for the transfer of missile
                    equipment or technology controlled under this
                    Act.
                      (ii) If the item on the MTCR Annex is
                    involved in the export, transfer, or trade is
                    missile equipment or technology within category
                    I of the MTCR Annex, then the President shall
                    deny to such United States person, for a period
                    of not less than 2 years, all licenses for
                    items the export of which is controlled under
                    this Act.
              (2) Discretionary sanctions.--In the case of any
            determination referred to in paragraph (1), the
            Secretary may pursue any other appropriate penalties
            under section 11 of this Act.
              (3) Waiver.--The President may waive the imposition
            of sanctions under paragraph (1) on a person with
            respect to a product or service if the President
            certifies to the Congress that--
                      (A) the product or service is essential to
                    the national security of the United States; and
                      (B) such person is sole source supplier of
                    the product or service, the product or service
                    is not available from any alternative reliable
                    supplier, and the need for the product or
                    service cannot be met in a timely manner by
                    improved manufacturing processes or
                    technological developments.
        (b) Transfers of Missile Equipment or Technology by Foreign
    Persons.--
              (1) \64\ Sanctions.--(A) Subject to paragraph (3)
            through (7), if the President determines that a foreign
            person, after the date of the enactment of this
            section, knowingly--
    ---------------------------------------------------------------------------
        \64\ Public Notice 3513 (November 17, 2000; 65 F.R. 79441) imposed
    sanctions pursuant to this paragraph on the Shahid Hemmat Industrial
    Group (SHIG) (Iran) and the SANAM Industrial Group (Iran).
    Subsequently, other sanctions were imposed pursuant to this paragraph
    on the National Development Complex (Pakistan) and the China
    Metallurgical Equipment Corporation (China) by Public Notice 3774
    (September 1, 2001; 66 F.R. 47256); on the Changgwang Sinyong
    Corporation (North Korea) by Public Notice 4106 (August 16, 2002; 67
    F.R. 54693), Public Notice 4326 (March 24, 2003; 63 F.R. 16113) and
    Public Notice 4418 (July 25, 2003; 68 F.R. 44136); on Mickhail
    Pavlovich Vladov (Moldovan person), Cuanta S.A. (Moldova) and Computer
    and Communicatii SRL (Moldova) by Public Notice 4374 (May 9, 2003; 68
    F.R. 31740); on the China North Industries Corporation (China) by
    Public Notice 4493 (September 19, 2003; 68 F.R. 54930); on Blagoja
    Samakoski (Macedonian national) and Mikrosam (Macedonia) by Public
    Notice 4574 (December 24, 2003; 68 F.R. 74692); and on the Federal
    Research and Production Complex Altay (Russia) by Public Notice 4771
    (July 22, 2004; 69 F.R. 43875).
    ---------------------------------------------------------------------------
                      (i) exports, transfers, or otherwise engages
                    in the trade of any MTCR equipment or
                    technology that contributes to the design,
                    development, or production of missiles in a
                    country that is not an MTCR adherent and would
                    be, if it were United States-origin equipment
                    or technology, subject to the jurisdiction of
                    the United States under this Act.
                      (ii) conspires to or attempts to engage in
                    such export, transfer, or trade, or
                      (iii) facilitates such export, transfer, or
                    trade by any other person,
            or if the President has made a determination with
            respect to a foreign person, under section 73(a) of the
            Arms Export Control Act,\63\ then the President shall
            impose on that foreign person the applicable sanctions
            under subparagraph (B).
              (B) The sanctions which apply to a foreign person
            under subparagraph (A) are the following:
                      (i) If the item involved in the export,
                    transfer, or trade is within category II of the
                    MTCR Annex, then the President shall deny, for
                    a period of 2 years, licenses for the transfer
                    to such foreign person of missile equipment or
                    technology the export of which is controlled
                    under this Act.
                      (ii) If the item involved in the export,
                    transfer, or trade is within category I of the
                    MTCR Annex, then the President shall deny, for
                    a period of not less than 2 years, licenses for
                    the transfer to such foreign person of items
                    the export of which is controlled under this
                    Act.
                      (iii) If, in addition to actions taken under
                    clauses (i) and (ii), the President determines
                    that the export, transfer, or trade has
                    substantially contributed to the design,
                    development, or production of missiles in a
                    country that is not an MTCR adherent, then the
                    President shall prohibit, for a period of not
                    less than 2 years, the importation into the
                    United States of products produced by that
                    foreign person.
              (2) Inapplicability with respect to mtcr adherents.--
            Paragraph (1) does not apply with respect to--
                      (A) any export, transfer, or trading activity
                    that is authorized by the laws of an MTCR
                    adherent, if such authorization is not obtained
                    by misrepresentation or fraud; or
                      (B) any export, transfer, or trade of an item
                    to an end user in a country that is an MTCR
                    adherent.
              (3) Effect of enforcement actions by mtcr
            adherents.--Sanctions set forth in paragraph (1) may
            not be imposed under this subsection on a person with
            respect to acts described in such paragraph or, if such
            sanctions are in effect against a person on account of
            such acts, such sanctions shall be terminated, if an
            MTCR adherent is taking judicial or other enforcement
            action against that person with respect to such acts,
            or that person has been found by the government of an
            MTCR adherent to be innocent of wrongdoing with respect
            to such acts.
              (4) Advisory opinions.--The Secretary, in
            consultation with the Secretary of State and the
            Secretary of Defense, may, upon the request of any
            person, issue an advisory opinion to that person as to
            whether a proposed activity by that person would
            subject that person to sanctions under this subsection.
            Any person who relies in good faith on such an advisory
            opinion which states that the proposed activity would
            not subject a person to such sanctions, and any person
            who thereafter engages in such activity, may not be
            made subject to such sanctions on account of such
            activity.
              (5) Waiver and report to congress.--(A) In any case
            other than one in which an advisory opinion has been
            issued under paragraph (4) stating that a proposed
            activity would not subject a person to sanctions under
            this subsection, the President may waive the
            application of paragraph (1) to a foreign person if the
            President determines that such waiver is essential to
            the national security of the United States.
              (B) In the event that the President decides to apply
            the waiver described in subparagraph (A), the President
            shall so notify the Congress not less than 20 working
            days before issuing the waiver. Such notification shall
            include a report fully articulating the rationale and
            circumstances which led the President to apply the
            waiver.
              (6) Additional waiver.--The President may waive the
            imposition of sanctions under paragraph (1) on a person
            with respect to a product or service if the President
            certifies to the Congress that--
                      (A) the product or service is essential to
                    the national security of the United States; and
                      (B) such person is a sole source supplier of
                    the product or service, the product or service
                    is not available from any alternative reliable
                    supplier, and the need for the product or
                    service cannot be met in a timely manner by
                    improved manufacturing processes or
                    technological developments.
              (7) Exceptions.--The President shall not apply the
            sanction under this subsection prohibiting the
            importation of the products of a foreign person--
                      (A) in the case of procurement of defense
                    articles or defense services--
                              (i) under existing contracts or
                            subcontracts, including the exercise of
                            options for production quantities to
                            satisfy requirements essential to the
                            national security of the United States;
                              (ii) if the President determines that
                            the person to which the sanctions would
                            be applied is a sole source supplier of
                            the defense articles and services, that
                            the defense articles or services are
                            essential to the national security of
                            the United States, and that alternative
                            sources are not readily or reasonably
                            available; or
                              (iii) if the President determines
                            that such articles or services are
                            essential to the national security of
                            the United States under defense
                            coproduction agreements or NATO
                            Programs of Cooperation;
                      (B) to products or services provided under
                    contracts entered into before the date on which
                    the President publishes his intention to impose
                    the sanctions; or
                      (C) to--
                              (i) spare parts,
                              (ii) component parts, but not
                            finished products, essential to United
                            States products or production,
                              (iii) routine services and
                            maintenance of products, to the extent
                            that alternative sources are not
                            readily or reasonably available, or
                              (iv) information and technology
                            essential to United States products or
                            production.
        (c) Definitions.--For purposes of this section and
    subsections (k) and (l) of section 6--
              (1) the term ``missile'' means a category I system as
            defined in the MTCR Annex, and any other unmanned
            delivery system of similar capability, as well as the
            specially designed production facilities for these
            systems;
              (2) the term ``Missile Technology Control Regime'' or
            ``MTCR'' means the policy statement, between the United
            States, the United Kingdom, the Federal Republic of
            Germany, France, Italy, Canada, and Japan, announced on
            April 16, 19887, to restrict sensitive missile-relevant
            transfers based on the MTCR Annex, and any amendments
            thereto;
              (3) the term ``MTCR adherent'' means a country that
            participates in the MTCR or that, pursuant to an
            international understanding to which the United States
            is a party, controls MTCR equipment or technology in
            accordance with the criteria and standards set forth in
            the MTCR;
              (4) the term ``MTCR Annex'' means the Guidelines and
            Equipment and Technology Annex of the MTCR, and any
            amendments thereto;
              (5) the terms ``missile equipment or technology'' and
            ``MTCR equipment or technology'' means those items
            listed in category I or category II of the MTCR Annex;
              (6) the term ``foreign person'' means any person
            other than a United States person;
              (7)(A) the term ``person'' means a natural person as
            well as a corporation, business association,
            partnership, society, trust, any other nongovernmental
            entity, organization, or group, and any governmental
            entity operating as a business enterprise, and any
            successor of any such entity; and
              (B) in the case of countries where it may be
            impossible to identify a specific governmental entity
            referred to in subparagraph (A), the term ``person''
            means--
                      (i) all activities of that government
                    relating to the development or production of
                    any missile equipment or technology; and
                      (ii) all activities of that government
                    affecting the development or production of
                    aircraft, electronics, and space systems or
                    equipment; and
              (8) the term ``otherwise engaged in the trade of''
            means, with respect to a particular export or transfer,
            to be a freight forwarder or designated exporting
            agent, or a consignee or end user of the item to be
            exported or transferred.

            chemical and biological weapons proliferation sanctions

      Sec. 11C.\65\ (a) \66\ Imposition of Sanctions.--
    ---------------------------------------------------------------------------
        \65\ 50 U.S.C. app. 2410c. Sec. 505(a) of the Chemical and
    Biological Weapons Control and Warfare Elimination Act of 1991 (title V
    of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993;
    Public Law 102-138; 105 Stat. 724) added sec. 11C. Subsequently, sec.
    309(a) of Public Law 102-182 (105 Stat. 1258) repealed title V of the
    Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, and
    all the amendments therein, including this new sec. 11C.
        However, sec. 305(a) of Public Law 102-182 (105 Stat. 1247) amended
    this Act by inserting a new sec. 11C at this point.
        Executive Order 12851 of June 11, 1993 (58 F.R. 33181) delegated
    the authority in sec. 11C to the Secretary of State with the following
    exceptions:
    ---------------------------------------------------------------------------

      --sec. 11C(c)(1)(A), pursuant to a determination made by the Secretary of
    State under sec. 81(a)(1) of the AECA or sec. 11C(a)(1) of this Act, as
    well as the authority and duties provided for in sec. 81(c)(2) of the AECA
    and sec. 11C(c)(2) of this Act--Secretary of Defense;

      --sec. 11C(c)(1)(B), pursuant to a determination made by the Secretary of
    State under sec. 81(a)(1) of the AECA, or sec. 11C(a)(1) of this Act, and
    the obligation to implement the exceptions provided for in sec. 81(c)(2) of
    the AECA or sec. 11C(c)(2) of this Act, insofar as the exceptions affect
    imports of goods into the United States--Secretary of the Treasury.
    ---------------------------------------------------------------------------

        \66\ Sanctions pursuant to sec. 11C, announced in Public Notice
    4071 (July 9, 2002; 67 F.R. 48696), were placed on the following
    companies and individuals, their successors, parents, or subsidiaries:
    Jiangsu Yongli Chemicals and Technology Import and Export Corporation
    (China), Q.C. Chen (China), China Machinery and Equipment Import Export
    Corporation (China), CMEC Machinery and Electric Equipment Import
    Export Company Ltd. (China), CMEC Machinery and Electrical Import
    Export Company, Ltd. (China), China Machinery and Electric Equipment
    Import and Export Company (China), Wha Cheong Tai Company Ltd. (China),
    China Shipbuilding Trading Company (China), and Hans Raj Shiv
    (previously residing in India, and last believed to be in the Middle
    East).
        Sanctions pursuant to sec. 11C, announced in Public Notice 4280
    (February 4, 2003; 68 F.R. 8068) were also placed on the following
    companies and individuals, their successors, parents, or subsidiaries:
    NEC Engineers Private, Ltd. (company originally based in India, but now
    also operating in the Middle East and Eurasia), Hans Raj Shiv
    (previously residing in India, and believed to be in the Middle East).
        Sanctions pursuant to sec. 11C, announced in Public Notice 4435
    (August 7, 2003; 67 F.R. 48696), were also placed on the following
    companies and individuals, their successors, parents, or subsidiaries:
    Mohammed al-Khatib (Jordan).
    ---------------------------------------------------------------------------
              (1) Determination by the president.--Except as
            provided in subsection (b)(2), the President shall
            impose both of the sanctions described in subsection
            (c) if the President determines that a foreign person,
            on or after the date of the enactment of this
            section,\67\ has knowingly and materially contributed--
    ---------------------------------------------------------------------------
        \67\ Sec. 309(b)(1) of Public Law 102-182 (105 Stat. 1258) deemed
    this date of enactment to be the date of enactment of the Foreign
    Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law
    102-138), October 28, 1991.
    ---------------------------------------------------------------------------
                      (A) through the export from the United States
                    of any goods or technology that are subject to
                    the jurisdiction of the United States under
                    this Act, or
                      (B) through the export from any other country
                    of any goods or technology that would be, if
                    they were United States goods or technology,
                    subject to the jurisdiction of the United
                    States under this Act, to the efforts by any
                    foreign country, project, or entity described
                    in paragraph (2) to use, develop, produce,
                    stockpile, or otherwise acquire chemical or
                    biological weapons.
              (2) Countries, projects, or entities receiving
            assistance.--Paragraph (1) applies in the case of--
                      (A) any foreign country that the President
                    determines has, at any time after January 1,
                    1980--
                              (i) used chemical or biological
                            weapons in violation of international
                            law;
                              (ii) used lethal chemical or
                            biological weapons against its own
                            nationals; or
                              (iii) made substantial preparations
                            to engage in the activities described
                            in clause (i) or (ii);
                      (B) any foreign country whose government is
                    determined for purposes of section 6(j) of this
                    Act to be a government that has repeatedly
                    provided support for acts of international
                    terrorism; or
                      (C) any other foreign country, project, or
                    entity designated by the President for purposes
                    of this section.
              (3) Persons against which sanctions are to be
            imposed.--Sanctions shall be imposed pursuant to
            paragraph (1) on--
                      (A) the foreign person with respect to which
                    the President makes the determination described
                    in that paragraph;
                      (B) any successor entity to that foreign
                    person;
                      (C) any foreign person that is a parent or
                    subsidiary of that foreign person if that
                    parent or subsidiary knowingly assisted in the
                    activities which were the basis of that
                    determination; and
                      (D) any foreign person that is an affiliate
                    of that foreign person if that affiliate
                    knowingly assisted in the activities which were
                    the basis of that determination and if that
                    affiliate is controlled in fact by that foreign
                    person.
        (b) Consultations With and Actions by Foreign Government of
    Jurisdiction.--
              (1) Consultations.--If the President makes the
            determinations described in subsection (a)(1) with
            respect to a foreign person, the Congress urges the
            President to initiate consultations immediately with
            the government with primary jurisdiction over that
            foreign person with respect to the imposition of
            sanctions pursuant to this section.
              (2) Actions by government of jurisdiction.--In order
            to pursue such consultations with that government, the
            President may delay imposition of sanctions pursuant to
            this section for a period of up to 90 days. Following
            these consultations, the President shall impose
            sanctions unless the President determines and certifies
            to the Congress that that government has taken specific
            and effective actions, including appropriate penalties,
            to terminate the involvement of the foreign person in
            the activities described in subsection (a)(1). The
            President may delay imposition of sanctions for an
            additional period of up to 90 days if the President
            determines and certifies to the Congress that that
            government is in the process of taking the actions
            described in the preceding sentence.
              (3) Report to congress.--The President shall report
            to the Congress, not later than 90 days after making a
            determination under subsection (a)(1), on the status of
            consultations with the appropriate government under
            this subsection, and the basis for any determination
            under paragraph (2) of this subsection that such
            government has taken specific corrective actions.
        (c) Sanctions.--
              (1) Description of sanctions.--The sanctions to be
            imposed pursuant to subsection (a)(1) are, except as
            provided in paragraph (2) of this subsection, the
            following:
                      (A) Procurement sanction.--The United States
                    Government shall not procure, or enter into any
                    contract for the procurement of, any goods or
                    services from any person described in
                    subsection (a)(3).
                      (B) Import sanctions.--The importation into
                    the United States of products produced by any
                    person described in subsection (a)(3) shall be
                    prohibited.
              (2) Exceptions.--The President shall not be required
            to apply or maintain sanctions under this section--
                      (A) in the case of procurement of defense
                    articles or defense services--
                              (i) under existing contracts or
                            subcontracts, including the exercise of
                            options for production quantities to
                            satisfy United States operational
                            military requirements;
                              (ii) if the President determines that
                            the person or other entity to which the
                            sanctions would otherwise be applied is
                            a sole source supplier of the defense
                            articles or services, that the defense
                            articles or services are essential, and
                            that alternative sources are not
                            readily or reasonably available; or
                              (iii) if the President determines
                            that such articles or services are
                            essential to the national security
                            under defense coproduction agreements;
                      (B) to products or services provided under
                    contracts entered into before the date on which
                    the President publishes his intention to impose
                    sanctions;
                      (C) to--
                              (i) spare parts,
                              (ii) component parts, but not
                            finished products, essential to United
                            States products or production, or
                              (iii) routine servicing and
                            maintenance of products, to the extent
                            that alternative sources are not
                            readily or reasonably available;
                      (D) to information and technology essential
                    to United States products or production; or
                      (E) to medical or other humanitarian items.
        (d) Termination of Sanctions.--The sanctions imposed
    pursuant to this section shall apply for a period of at least
    12 months following the imposition of sanctions and shall cease
    to apply thereafter only if the President determines and
    certifies to the Congress that reliable information indicates
    that the foreign person with respect to which the determination
    was made under subsection (a)(1) has ceased to aid or abet any
    foreign government, project, or entity in its efforts to
    acquire chemical or biological weapons capability as described
    in that subsection.
        (e) Waiver.--
              (1) Criterion for waiver.--The President may waive
            the application of any sanction imposed on any person
            pursuant to this section, after the end of the 12-month
            period beginning on the date on which that sanction was
            imposed on that person, if the President determines and
            certifies to the Congress that such waiver is important
            to the national security interests of the United
            States.
              (2) Notification of and report to congress.--If the
            President decides to exercise the waiver authority
            provided in paragraph (1), the President shall so
            notify the Congress not less than 20 days before the
            waiver takes effect. Such notification shall include a
            report fully articulating the rationale and
            circumstances which led the President to exercise the
            waiver authority.
        (f) Definition of Foreign Person.--For the purposes of this
    section, the term ``foreign person'' means--
              (1) an individual who is not a citizen of the United
            States or an alien admitted for permanent residence to
            the United States; or
              (2) a corporation, partnership, or other entity which
            is created or organized under the laws of a foreign
            country or which has its principal place of business
            outside the United States.

                                  enforcement

        Sec. 12.\68\ (a) General Authority.--(1) To the extent
    necessary or appropriate to the enforcement of this Act or to
    the imposition of any penalty, forfeiture, or liability arising
    under the Export Control Act of 1949 or the Export
    Administration Act of 1969, the head of any department or
    agency exercising any function thereunder (and officers or
    employees of such department or agency specifically designated
    by the head thereof) may make such investigations within the
    United States, and the Commissioner of Customs (and officers or
    employees of the United States Customs Service specifically
    designated by the Commissioner) may make such investigations
    outside of the United States, and the head of such department
    of agency (and such officers or employees) may obtain such
    information from, require such reports or the keeping of such
    records by, make such inspection of the books, records, and
    other writings, premises, or property of, and take the sworn
    testimony of, any person. In addition, such officers or
    employees may administer oaths or affirmations, and may by
    subpoena require any person to appear and testify or to appear
    and produce books, records, and other writings, or both, and in
    the case of contumacy by, or refusal to obey a subpoena issued
    to, any such person, a district court of the United States,
    after notice to any such person and hearing, shall have
    jurisdiction to issue an order requiring such person to appear
    and give testimony or to appear and produce books, records, and
    other writings, or both, and any failure to obey such order of
    the court may be punished by such court as a contempt thereof.
    In addition to the authority conferred by this paragraph, the
    Secretary (and officers or employees of the Department of
    Commerce designated by the Secretary) may conduct, outside the
    United States, pre-license investigations and post-shipment
    verifications of items licensed for export, and investigations
    in the enforcement of section 8 of this Act.
    ---------------------------------------------------------------------------
        \68\ 50 U.S.C. app. 2411.
    ---------------------------------------------------------------------------
        (2)(A) Subject to subparagraph (B) of this paragraph, the
    United States Customs Service is authorized, in the enforcement
    of this Act, to search, detain (after search), and seize goods
    or technology at those ports of entry or exit from the United
    States where officers of the Customs Service are authorized by
    law to conduct such searches, detentions, and seizures, and at
    those places outside the United States where the Customs
    Service, pursuant to agreements or other arrangements with
    other countries, is authorized to perform enforcement
    activities.
        (B) An officer of the United States Customs Service may do
    the following in carrying out enforcement authority under this
    Act:
              (i) Stop, search, and examine a vehicle, vessel,
            aircraft, or person on which or whom such officer has
            reasonable cause to suspect there are any goods or
            technology that has been, is being, or is about to be
            exported from the United States in violation of this
            Act.
              (ii) Search any package or container in which such
            officer has reasonable cause to suspect there are any
            goods or technology that has been, is being, or is
            about to be exported from the United States in
            violation of this Act.
              (iii) Detain (after search) or seize and secure for
            trial any goods or technology on or about such vehicle,
            vessel, aircraft, or person, or in such package or
            container, if such officer has probable cause to
            believe the goods or technology has been, is being, or
            is about to be exported from the United States in
            violation of this Act.
              (iv) Make arrests without warrant for any violation
            of this Act committed in his or her presence or view or
            if the officer has probable cause to believe that the
            person to be arrested has committed or is committing
            such a violation.
    The arrest authority conferred by clause (iv) of this
    subparagraph is in addition to any arrest authority under other
    laws. The Customs Service may not detain for more than 20 days
    any shipment of goods or technology eligible for export under a
    general license under section 4(a)(3). In a case in which such
    detention is on account of a disagreement between the Secretary
    and the head of any other department or agency with export
    license authority under other provisions of law concerning the
    export license requirements for such goods or technology, such
    disagreement shall be resolved within that 20-day period. At
    the end of that 20-day period, the Customs Service shall either
    release the goods or technology, or seize the goods or
    technology as authorized by other provisions of law.\69\
    ---------------------------------------------------------------------------
        \69\ Sec. 2427 of Public Law 100-418 (102 Stat. 1361) added the
    final two sentences of this paragraph.
    ---------------------------------------------------------------------------
        (3)(A) Subject to subparagraph (B) of this paragraph, the
    Secretary shall have the responsibility for the enforcement of
    section 8 of this Act and, in the enforcement of the other
    provisions of this Act, the Secretary is authorized to search,
    detain (after search), and seize goods or technology at those
    places within the United States other than those ports
    specified in paragraph (2)(A) of this subsection. The search,
    detention (after search), or seizure of goods or technology at
    those ports and places specified in paragraph (2)(A) may be
    conducted by officers or employees of the Department of
    Commerce designated by the Secretary with the concurrence of
    the Commissioner of Customs or a person designated by the
    Commissioner.
        (B) The Secretary may designate any employee of the Office
    of Export Enforcement of the Department of Commerce to do the
    following in carrying out enforcement authority under this Act:
              (i) Execute any warrant or other process issued by a
            court or officer of competent jurisdiction with respect
            to the enforcement of the provisions of this Act.
              (ii) Make arrests without warrant for any violation
            of this Act committed in his or her presence or view,
            or if the officer or employee has probable cause to
            believe that the person to be arrested has committed or
            is committing such a violation.
              (iii) Carry firearms in carrying out any activity
            described in clause (i) or (ii).
        (4) The authorities first conferred by the Export
    Administration Amendments Act of 1985 under paragraph (3) shall
    be exercised pursuant to guidelines approved by the Attorney
    General. Such guidelines shall be issued not later than 120
    days after the date of the enactment of the Export
    Administration Amendments Act of 1985.
        (5) All cases involving violations of this Act shall be
    referred to the Secretary for purposes of determining civil
    penalties and administrative sanctions under section 11(c) of
    this Act, or to the Attorney General for criminal action in
    accordance with this Act.
        (6) Notwithstanding any other provision of law, the United
    States Customs Service may expend in the enforcement of export
    controls under this Act not more than $12,000,000 in the fiscal
    year 1985 and not more than $14,000,000 in the fiscal year
    1986.
        (7) Not later than 90 days after the date of the enactment
    of the Export Administration Amendments Act of 1985, the
    Secretary, with the concurrence of the Secretary of the
    Treasury, shall publish in the Federal Register procedures
    setting forth, in accordance with this subsection, the
    responsibilities of the Department of Commerce and the United
    States Customs Service in the enforcement of this Act. In
    addition, the Secretary, with the concurrence of the Secretary
    of the Treasury, may publish procedures for the sharing of
    information in accordance with subsection (c)(3) of this
    section, and procedures for the submission to the appropriate
    departments and agencies by private persons of information
    relating to the enforcement of this Act.
        (8) For purposes of this section, a reference to the
    enforcement of this Act or to a violation of this Act includes
    a reference to the enforcement or a violation of any
    regulation, order, or license issued under this Act.
        (b) Immunity.--No person shall be excused from complying
    with any requirements under this section because of his
    privilege against self-incrimination, but the immunity
    provisions of section 6002 of title 18, United States Code,
    shall apply with respect to any individual who specifically
    claims such privilege.
        (c) Confidentiality.--(1) Except as otherwise provided by
    the third sentence of section 8(b)(2) and by section
    11(c)(2)(C) of this Act, information obtained under this Act on
    or before June 30, 1980, which is deemed confidential,
    including Shippers' Export Declarations, or with reference to
    which a request for confidential treatment is made by the
    person furnishing such information, shall be exempt from
    disclosure under section 552 of title 5, United States Code,
    and such information shall not be published or disclosed unless
    the Secretary determines that the withholding thereof is
    contrary to the national interest. Information obtained under
    this Act after June 30, 1980, may be withheld only to the
    extent permitted by statute, except that information obtained
    for the purpose of consideration of, or concerning, license
    applications under this Act shall be withheld from public
    disclosure unless the release of such information is determined
    by the Secretary to be in the national interest. Enactment of
    this subsection shall not affect any judicial proceeding
    commenced under section 552 of title 5, United States Code, to
    obtain access to boycott reports submitted prior to October 31,
    1976, which was pending on May 15, 1979; but such proceeding
    shall be continued as if this Act had not been enacted.
        (2) Nothing in this Act shall be construed as authorizing
    the withholding of information from the Congress or from the
    General Accounting Office.\70\ All information at any time
    under this Act or previous Acts regarding the control of
    exports, including any report or license application required
    under this Act, shall be made available to any committee or
    subcommittee of Congress of appropriate jurisdiction upon
    request of the chairman or ranking minority member of such
    committee or subcommittee. No such committee or subcommittee,
    or member thereof, shall disclose any information obtained
    under this Act or previous Acts regarding the control of
    exports which is submitted on a confidential basis unless the
    full committee determines that the withholding of that
    information is contrary to the national interest.
    Notwithstanding paragraph (1) of this subsection, information
    referred to in the second sentence of this paragraph shall,
    consistent with the protection of intelligence,
    counterintelligence, and law enforcement sources, methods, and
    activities, as determined by the agency that originally
    obtained the information, and consistent with the provisions of
    section 313 of the Budget and Accounting Act, 1921, be made
    available only by that agency, upon request, to the Comptroller
    General of the United States or to any officer or employee of
    the General Accounting Office \70\ who is authorized by the
    Comptroller General to have access to such information. No
    officer or employee of the General Accounting Office \70\ shall
    disclose, except to the Congress in accordance with this
    paragraph, any such information which is submitted on  a
    confidential  basis and from which any individual can be
    identified.
    ---------------------------------------------------------------------------
        \70\ Sec. 8(b) of the GAO Human Capital Reform Act of 2004 (Public
    Law 108-271; 118 Stat. 814) provided: ``Any reference to the General
    Accounting Office in any law, rule, regulation, certificate, directive,
    instruction, or other official paper in force on the date of enactment
    of this Act shall be considered to refer and apply to the Government
    Accountability Office.''.
    ---------------------------------------------------------------------------
        (3) Any department or agency which obtains information
    which is relevant to the enforcement of this Act, including
    information pertaining to any investigation, shall furnish such
    information to each department or agency with enforcement
    responsibilities under this Act to the extent consistent with
    the protection of intelligence, counterintelligence, and law
    enforcement sources, methods, and activities. The provisions of
    this paragraph shall not apply to information subject to the
    restrictions set forth in section 9 of title 13, United States
    Code; and return information, as defined in subsection (b) of
    section 6103 of the Internal Revenue Code of 1986,\71\ may be
    disclosed only as authorized by such section. The Secretary and
    the Commissioner of Customs, upon request, shall exchange any
    licensing and enforcement information with each other which is
    necessary to facilitate enforcement efforts and effective
    license decisions. The Secretary, the Attorney General, and the
    Commissioner of Customs shall consult on a continuing basis
    with one another and with the heads of other departments and
    agencies which obtain information subject to this paragraph, in
    order to facilitate the exchange of such information.
    ---------------------------------------------------------------------------
        \71\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
    Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
    in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
    in any law.
    ---------------------------------------------------------------------------
        (d) Reporting Requirements.--In the administration of this
    Act, reporting requirements shall be so designed as to reduce
    the cost of reporting, recordkeeping, and export documentation
    required under this Act to the extent feasible consistent with
    effective enforcement and compilation of useful trade
    statistics. Reporting, recordkeeping, and export documentation
    requirements shall be periodically reviewed and revised in the
    light of developments in the field of information technology.
        (e) Simplification of Regulations.--The Secretary, in
    consultation with appropriate United States Government
    departments and agencies and with appropriate technical
    advisory committees established under section 5(h), shall
    review the regulations issued under this Act and the commodity
    control list in order to determine how compliance with the
    provisions of this Act can be facilitated by simplifying such
    regulations, by simplifying or clarifying such list, or by any
    other means.

                  administrative procedure and judicial review

        Sec. 13.\72\ (a) Exemption.--Except as provided in section
    11(c)(2) and subsection (c) of this section, the functions
    exercised under this Act are excluded from the operation of
    sections 551, 553 through 559, and 701 through 706 of title 5,
    United States Code.
    ---------------------------------------------------------------------------
        \72\ 50 U.S.C. app. 2412.
    ---------------------------------------------------------------------------
        (b) Public Participation.--It is the intent of the Congress
    that, to the extent practicable, all regulations imposing
    controls on exports under this Act be issued in proposed form
    with meaningful opportunity for public comment before taking
    effect. In cases where a regulation imposing controls under
    this Act is issued with immediate effect, it is the intent of
    the Congress that meaningful opportunity for public comment
    also be provided and that the regulation be reissued in final
    form after public comments have been fully considered.
        (c) Procedures Relating to Civil Penalties and Sanctions.--
    (1) In any case in which a civil penalty or other civil
    sanction (other than a temporary denial order or a penalty or
    sanction for a violation of section 8) is sought under section
    11 of this Act, the charged party is entitled to receive a
    formal complaint specifying the charges and, at his or her
    request, to contest the charges in a hearing before an
    administrative law judge. Subject to the provisions of this
    subsection, any such hearing shall be conducted in accordance
    with sections 556 and 557 of title 5, United States Code. With
    the approval of the administrative law judge, the Government
    may present evidence in camera in the presence of the charged
    party or his or her representative. After the hearing, the
    administrative law judge shall make findings of fact and
    conclusions of law in a written decision, which shall be
    referred to the Secretary. The Secretary shall, in a written
    order, affirm, modify, or vacate the decision of the
    administrative law judge within 30 days after receiving the
    decision. The order of the Secretary shall be final and is not
    subject to judicial review, except as provided in paragraph
    (3).\73\
    ---------------------------------------------------------------------------
        \73\ Sec. 2428(a)(1) of Public Law 100-418 (102 Stat. 1361)
    inserted ``, except as provided in paragraph (3)'', redesignated para.
    (3) as para. (4), and added a new para. (3).
    ---------------------------------------------------------------------------
        (2) The proceedings described in paragraph (1) shall be
    concluded within a period of 1 year after the complaint is
    submitted, unless the administrative law judge extends such
    period for good cause shown.
      (3) \73\ The order of the Secretary under paragraph (1) shall
    be final, except that the charged party may, within 15 days
    after the order is issued, appeal the order in the United
    States Court of Appeals for the District of Columbia Circuit,
    which shall have jurisdiction of the appeal. The court may,
    while the appeal is pending, stay the order of the Secretary.
    The court may review only those issues necessary to determine
    liability for the civil penalty or other sanction involved. In
    an appeal filed under this paragraph, the court shall set aside
    any finding of fact for which the court finds there is not
    substantial evidence on the record and any conclusion of law
    which the court finds to be arbitrary, capricious, an abuse of
    discretion, or otherwise not in accordance with law.
        (4) \73\ An administrative law judge referred to in this
    subsection shall be appointed by the Secretary from among those
    considered qualified for selection and appointment under
    section 3105 of title 5, United States Code. Any person who,
    for at least 2 of the 10 years immediately preceding the date
    of the enactment of the Export Administration Amendments Act of
    1985, has served as a hearing commissioner of the Department of
    Commerce shall be included among these considered as qualified
    for selection and appointment to such position.
        (d) Imposition of Temporary Denial Orders.--(1) In any case
    in which it is necessary, in the public interest, to prevent an
    imminent violation of this Act or any regulation, order, or
    license issued under this Act, the Secretary may, without a
    hearing, issue an order temporarily denying United States
    export privileges (hereinafter in this subsection referred to
    as a ``temporary denial order'') to a person. A temporary
    denial order may be effective no longer than 180 \74\ days
    unless renewed in writing by the Secretary for additional 180-
    day \74\ periods in order to prevent such an imminent
    violation, except that a temporary denial order may be renewed
    only after notice and an opportunity for a hearing is provided.
    ---------------------------------------------------------------------------
        \74\ Sec. 2428(b) of Public Law 100-418 (102 Stat. 1362) struck out
    ``60'' and inserted in lieu thereof ``180''.
    ---------------------------------------------------------------------------
        (2) A temporary denial order shall define the imminent
    violation and state why the temporary denial order was granted
    without a hearing. The person or persons subject to the
    issuance or renewal of a temporary denial order may file an
    appeal of the issuance or renewal of the temporary denial order
    with an administrative law judge who shall, within 10 working
    days after the appeal is filed, recommend that the temporary
    denial order be affirmed, modified, or vacated. Parties may
    submit briefs and other material to the judge. The
    recommendation of the administrative law judge shall be
    submitted to the Secretary who shall either accept, reject, or
    modify the recommendation by written order within 5 working
    days after receiving the recommendation. The written order of
    the Secretary under the preceding sentence shall be final and
    is not subject to judicial review, except as provided in
    paragraph (3).\75\ The temporary denial order shall be affirmed
    only if it is reasonable to believe that the order is required
    in the public interest to prevent an imminent violation of this
    Act or any regulation, order, or license issued under this Act.
    All materials submitted to the administrative law judge and the
    Secretary shall constitute the administrative record for
    purposes of review by the courts.\75\
    ---------------------------------------------------------------------------
        \75\ Sec. 2428(a)(2) of Public Law 100-418 (102 Stat. 1362)
    inserted ``, except as provided in paragraph (3)'', added the last
    sentence of para. (2), and added para. (3).
    ---------------------------------------------------------------------------
      (3) \75\ An order of the Secretary affirming, in whole or in
    part, the issuance of a temporary denial order may, within 15
    days after the order is issued, be appealed by a person subject
    to the order to the United States Court of Appeals for the
    District of Columbia Circuit, which shall have jurisdiction of
    the appeal. The court may review only those issues necessary to
    determine whether the standard for issuing the temporary denial
    order has been met. The court shall vacate the Secretary's
    order if the court finds that the Secretary's order is
    arbitrary, capricious, an abuse of discretion, or otherwise not
    in accordance with law.
        (e) Appeals From License Denials.--A determination of the
    Secretary, under section 10(f) of this Act, to deny a license
    may be appealed by the applicant to an administrative law judge
    who shall have the authority to conduct proceedings to
    determine only whether the item sought to be exported is in
    fact on the control list. Such proceedings shall be conducted
    within 90 days after the appeal is filed. Any determination by
    an administrative law judge under this subsection and all
    materials filed before such judge in the proceedings shall be
    reviewed by the Secretary, who shall either affirm or vacate
    the determination in a written decision within 30 days after
    receiving the determination. The Secretary's written decision
    shall be final and is not subject to judicial review. Subject
    to the limitations provided in section 12(c) of this Act, the
    Secretary's decision shall be published in the Federal
    Register.

                                 annual report

        Sec. 14.\76\ (a) Contents.--Not later than December 31 of
    each year, the Secretary shall submit to the Congress a report
    on the administration of this Act during the preceding fiscal
    year. All agencies shall cooperate fully with the Secretary in
    providing information for such report. Such report shall
    include detailed information with respect to--
    ---------------------------------------------------------------------------
        \76\ 50 U.S.C. app. 2413.
    ---------------------------------------------------------------------------
              (1) the implementation of the policies set forth in
            section 3;
              (2) general licensing activities under sections 5, 6,
            and 7, and any changes in the exercise of the
            authorities contained in sections 5(a), 6(a), and 7(a);
              (3) the results of the review of United States policy
            toward individual countries pursuant to section 5(b);
              (4) the results, in as much detail as may be included
            consistent with the national security and the need to
            maintain the confidentiality of proprietary
            information, of the actions, including reviews and
            revisions of export controls maintained for national
            security purposes, required by section 5(c)(3);
              (5) actions taken to carry our section 5(d);
              (6) changes in categories of items under export
            control referred to in section 5(e);
              (7) determinations of foreign availability made under
            section 5(f), the criteria used to make such
            determinations, the removal of any export controls
            under such section, and any evidence demonstrating a
            need to impose export controls for national security
            purposes notwithstanding foreign availability;
              (8) actions taken in compliance with section 5(f)(6);
            \77\
    ---------------------------------------------------------------------------
        \77\ Sec. 2418(c) of Public Law 100-418 (102 Stat. 1357) struck out
    ``5(f)(5)'' and inserted in lieu thereof ``5(f)(6)''.
    ---------------------------------------------------------------------------
              (9) the operation of the indexing system under
            section 5(g);
              (10) consultations with the technical advisory
            committees established pursuant to section 5(h), the
            use made of the advice rendered by such committees, and
            the contributions of such committees toward
            implementing the policies set forth in this Act;
              (11) the effectiveness of export controls imposed
            under section 6 in furthering the foreign policy of the
            United States;
              (12) export controls and monitoring under section 7;
              (13) the information contained in the reports
            required by section 7(b)(2), together with an analysis
            of--
                      (A) the impact on the economy and world trade
                    of shortages or increased prices for
                    commodities subject to monitoring under this
                    Act or section 812 of the Agricultural Act of
                    1970;
                      (B) the worldwide supply of such commodities;
                    and
                      (C) actions being taken by other countries in
                    response to such shortages or increased prices;
              (14) actions taken by the President and the Secretary
            to carry out the antiboycott policies set forth in
            section 3(5) of this Act;
              (15) organizational and procedural changes undertaken
            in furtherance of the policies set forth in this Act,
            including changes to increase the efficiency of the
            export licensing process and to fulfill the
            requirements of section 10, including an accounting of
            appeals received, court orders issued, and actions
            taken pursuant thereto under subsection (j) of such
            section;
              (16) delegations of authority by the President as
            provided in section 4(e) of this Act;
              (17) efforts to keep the business sector of the
            Nation informed with respect to policies and procedures
            adopted under this Act;
              (18) any reviews undertaken in furtherance of the
            policies of this Act, including the results of the
            review required by section 12(d), and any action taken,
            on the basis of the review required by section 12(e),
            to simplify regulations issued under this Act;
              (19) violations under section 11 and enforcement
            activities under section 12; and
              (20) the issuance of regulations under the authority
            of this Act, including an explanation of each case in
            which regulations were not issued in accordance with
            the first sentence of section 13(b).
        (b) Report on Certain Export Controls.--To the extent that
    the President determines that the policies set forth in section
    3 of this Act require the control of the export of goods and
    technology other than those subject to multilateral controls,
    or require more stringent controls than the multilateral
    controls, the President shall include in each annual report the
    reasons for the need to impose, or to continue to impose, such
    controls and the estimated domestic economic impact on the
    various industries affected by such controls.
        (c) Report on Negotiations.--The President shall include in
    each annual report a detailed report on the progress of the
    negotiations required by section 5(i), until such negotiations
    are concluded.
        (d) Report on Exports to Controlled Countries.--The
    Secretary shall include in each annual report a detailed report
    which lists every license for exports to controlled countries
    which was approved under this Act during the preceding fiscal
    year. Such report shall specify to whom the license was
    granted, the type of goods or technology exported, and the
    country receiving the goods or technology. The information
    required by this subsection shall be subject to the provisions
    of section 12(c) of this Act.
        (e) Report on Domestic Economic Impact of Exports to
    Controlled Countries.--The Secretary shall include in each
    annual report a detailed description of the extent of injury to
    United States industry and the extent of job displacement
    caused by United States exports of goods and technology to
    controlled countries. The annual report shall also include a
    full analysis of the consequences of exports of turnkey plants
    and manufacturing facilities to controlled countries which are
    used by such countries to produce goods for export to the
    United States or to compete with United States products in
    export markets.
      (f) \78\ Annual Report of the President.--The President shall
    submit an annual report to the Congress estimating the
    additional defense expenditures of the United States arising
    from illegal technology transfers, focusing on estimated
    defense costs arising from illegal technology transfers that
    resulted in a serious adverse impact on the strategic balance
    of forces. These estimates shall be based on assessment by the
    intelligence community of any technology transfers that
    resulted in such serious adverse impact. This report may have a
    classified annex covering any information of a sensitive
    nature.
    ---------------------------------------------------------------------------
        \78\ Sec. 2445 of Public Law 100-418 (102 Stat. 1369) added subsec.
    (f).
    ---------------------------------------------------------------------------

                    administrative and regulatory authority

        Sec. 15.\79\ (a) Under Secretary of Commerce.--The
    President shall appoint, by and with the advice and consent of
    the Senate, an Under Secretary of Commerce for Export
    Administration who shall carry out all functions of the
    Secretary under this Act and such other statutes that relate to
    national security \80\ which were delegated to the office of
    the Assistant Secretary of Commerce for Trade Administration
    before the date of the enactment of the Export Administration
    Amendments Act of 1985, and such other functions under this Act
    which were delegated to such office before such date of
    enactment, as the Secretary may delegate. The President shall
    appoint, by and with the advice and consent of the Senate, two
    Assistant Secretaries of Commerce to assist the Under Secretary
    in carrying out such functions.
    ---------------------------------------------------------------------------
        \79\ 50 U.S.C. app. 2414.
        \80\ Sec. 2429 of Public Law 100-418 (102 Stat. 1362) inserted
    ``and such other statutes that relate to national security''.
    ---------------------------------------------------------------------------
        (b) Issuance of Regulations.--The President and the
    Secretary may issue such regulations as are necessary to carry
    out the provisions of this Act. Any such regulations issued to
    carry out the provisions of section 5(a), 6(a), 7(a), or (8)(b)
    may apply to the financing, transporting, or other servicing of
    exports and the participation therein by any person. Any such
    regulations the purpose of which is to carry out the provisions
    of section 5, or of section 4(a) for the purpose of
    administering the provisions of section 5, may be issued only
    after the regulations are submitted for review to the Secretary
    of Defense, the Secretary of State, such other departments and
    agencies as the Secretary considers appropriate, and the
    appropriate technical advisory committee.\81\ The preceding
    sentence does not require the concurrence or approval of any
    official, department, or agency to which such regulations are
    submitted.
    ---------------------------------------------------------------------------
        \81\ Sec. 2420(b)(1) of Public Law 100-418 (102 Stat. 1358) struck
    out ``and'' which previously appeared at this point, and inserted in
    lieu thereof ``and the appropriate technical advisory committee''.
    ---------------------------------------------------------------------------
        (c) Amendments to Regulations.--If the Secretary proposes
    to amend regulations issued under this Act, the Secretary shall
    report to the Committee on Banking, Housing, and Urban Affairs
    of the Senate and the Committee on Foreign Affairs \82\ of the
    House of Representatives on the intent and rationale of such
    amendments. Such report shall evaluate the cost and burden to
    United States exporters of the proposed amendments in relation
    to any enhancement of licensing objectives. The Secretary shall
    consult with the technical advisory committees authorized under
    section 5(h) of this Act in formulating or amending regulations
    issued under this Act. The procedures defined by regulations in
    effect on January 1, 1984, with respect to sections 4 and 5 of
    this Act, shall remain in effect unless the Secretary
    determines, on the basis of substantial and reliable evidence,
    that specific change is necessary to enhance the prevention of
    diversions of exports which would prove detrimental to the
    national security of the United States or to reduce the
    licensing and paperwork burden on exporters and their
    distributors.
    ---------------------------------------------------------------------------
        \82\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 16.\83\ As used in this Act--
    ---------------------------------------------------------------------------
        \83\ 50 U.S.C. app. 2415.
    ---------------------------------------------------------------------------
              (1) the term ``person'' includes the singular and the
            plural and any individual, partnership, corporation, or
            other form of association, including any government or
            agency thereof;
              (2) the term ``United States person'' means any
            United States resident or national (other than an
            individual resident outside the United States and
            employed by other than a United States person), any
            domestic concern (including any permanent domestic
            establishment of any foreign concern) and any foreign
            subsidiary or affiliate (including any permanent
            foreign establishment) of any domestic concern which is
            controlled in fact by such domestic concern, as
            determined under regulations of the President;
              (3) the term ``good'' means any article, natural or
            manmade substance, material, supply or manufactured
            product, including inspection and test equipment, and
            excluding technical data;
              (4) the term ``technology'' means the information and
            knowhow (whether in tangible form, such as models,
            prototypes, drawings, sketches, diagrams, blueprints,
            or manuals, or in intangible form, such as training or
            technical services) that can be used to design,
            produce, manufacture, utilize, or reconstruct goods,
            including computer software and technical data, but not
            the goods themselves;
              (5) the term ``export'' means--
                      (A) an actual shipment, transfer, or
                    transmission of goods or technology out of the
                    United States;
                      (B) a transfer of goods or technology in the
                    United States to an embassy or affiliate of a
                    controlled country; or
                      (C) a transfer to any person of goods or
                    technology either within the United States or
                    outside of the United States with the knowledge
                    or intent that the goods or technology will be
                    shipped, transferred, or transmitted to an
                    unauthorized recipient;
              (6) the term ``controlled country'' means a
            controlled country under section 5(b)(1) of this Act;
              (7) the term ``United States'' means the States of
            the United States, the District of Columbia, and any
            commonwealth, territory, dependency, or possession of
            the United States, and includes the outer Continental
            Shelf, as defined in section 2(a) of the Outer
            Continental Shelf Lands Act (43 U.S.C. 1331(a)); and
              (8) the term ``Secretary'' means the Secretary of
            Commerce.

                              effect on other acts

        Sec. 17.\84\ (a) In General.--Except as otherwise provided
    in this Act, nothing contained in this Act shall be construed
    to modify, repeal, supersede, or otherwise affect the
    provisions of any other laws authorizing control over exports
    of any commodity.
    ---------------------------------------------------------------------------
        \84\ 50 U.S.C. app. 2416.
    ---------------------------------------------------------------------------
        (b) Coordination of Controls.--The authority granted to the
    President under this Act shall be exercised in such manner as
    to achieve effective coordination with the authority exercised
    under section 38 of the Arms Export Control Act (22 U.S.C.
    2778).
        (c) Civil Aircraft Equipment.--Notwithstanding any other
    provision of law, any product (1) which is standard equipment
    certified by the Federal Aviation Administration, in civil
    aircraft and is an integral part of such aircraft, and (2)
    which is to be exported to a country other than a controlled
    country, shall be subject to export controls exclusively under
    this Act. Any such product shall not be subject to controls
    under section 38(b)(2) of the Arms Export Control Act.
        (d) Nonproliferation Controls.--(1) Nothing in section 5 or
    6 of this Act shall be construed to supersede the procedures
    published by the President pursuant to section 309(c) of the
    Nuclear Non-Proliferation Act of 1978.
        (2) With respect to any export license application which,
    under the procedures published by the President pursuant to
    section 309(c) of the Nuclear Non-Proliferation Act of 1978, is
    referred to the Subgroup on Nuclear Export Coordination or
    other interagency group, the provisions of section 10 of this
    Act shall apply with respect to such license application only
    to the extent that they are consistent with such published
    procedures, except that if the processing of any such
    application under such procedures is not completed within 180
    days after the receipt of the application by the Secretary, the
    applicant shall have the rights of appeal and court action
    provided in section 10(j) of this Act.
        (e) Termination of Other Authority.--On October 1, 1979,
    the Mutual Defense Assistance Control Act of 1951 (22 U.S.C.
    1611-1613d), is superseded.
        (f) Agricultural Act of 1970.--Nothing in this Act shall
    affect the provisions of the last sentence of section 812 of
    the Agricultural Act of 1970 (7 U.S.C. 612c-3).

                        authorization of appropriations

        Sec. 18.\85\ (a) Requirement of Authorizing Legislation.--
    (1) Notwithstanding any other provisions of law, money
    appropriated to the Department of Commerce for expenses to
    carry out the purposes of this Act may be obligated or expended
    only if--
    ---------------------------------------------------------------------------
        \85\ 50 U.S.C. app. 2417.
    ---------------------------------------------------------------------------
              (A) the appropriation thereof has been previously
            authorized by law enacted on or after the date of the
            enactment of the Export Administration Amendments Act
            of 1985; or
              (B) the amount of all such obligations and
            expenditures does not exceed an amount previously
            prescribed by law enacted on or after such date.
        (2) To the extent that legislation enacted after the making
    of an appropriation to carry out the purposes of this Act
    authorizes the obligation or expenditure thereof, the
    limitation contained in paragraph (1) shall have no effect.
        (3) The provisions of this subsection shall not be
    superseded except by a provision of law enacted after the date
    of the enactment of the Export Administration Amendments Act of
    1985 which specifically repeals, modifies, or supersedes the
    provisions of this subsection.
        (b) \86\ Authorization.--There are authorized to be
    appropriated to the Department of Commerce to carry out the
    purposes of this Act--
    ---------------------------------------------------------------------------
        \86\ Sec. 1 of Public Law 103-10 (107 Stat. 40) amended and
    restated subsec. (b), which previously read as follows:
        ``(b) Authorization.--There are authorized to be appropriated to
    the Department of Commerce to carry out the purposes of this Act--
    ---------------------------------------------------------------------------

      ``(1) $35,935,000 for the fiscal year 1988, of which $12,746,000 shall be
    available only for enforcement, $2,000,000 shall be available only for
    foreign availability assessments under subsections (f) and (h)(6) of
    section 5, and $21,189,000 shall be available for all other activities
    under this Act;

      ``(2) $46,913,000 for the fiscal year 1989, of which $15,000,000 shall be
    available only for enforcement, $5,000,000 shall be available only for
    foreign availability assessments under subsections (f) and (h)(6) of
    section 5, $4,000,000 shall be available only for regional export control
    assistance centers, and $22,913,000 shall be available for all other
    activities under this Act; and

      ``(3) such additional amounts for each of the fiscal years 1988 and 1989
    as may be necessary for increases in salary, pay, retirement, other
    employee benefits authorized by law, and other nondiscretionary costs.''.

              (1) $42,813,000 for the fiscal year 1993;
              (2) such sums as may be necessary for the fiscal year
            1994; and
              (3) such additional amounts, for each such fiscal
            year, as may be necessary for increases in salary, pay,
            retirement, other employee benefits authorized by law,
            and other nondiscretionary costs.

                                 effective date

        Sec. 19.\87\ (a) Effective Date.--This Act shall take
    effect upon the expiration of the Export Administration Act of
    1969.
    ---------------------------------------------------------------------------
        \87\ 50 U.S.C. app. 2418.
    ---------------------------------------------------------------------------
        (b) Issuance of Regulations.--(1) Regulations implementing
    the provisions of section 10 of this Act shall be issued and
    take effect not later than July 1, 1980.
        (2) Regulations implementing the provisions of section 7(c)
    of this Act shall be issued and take effect not later than
    January 1, 1980.

                                termination date

        Sec. 20.\88\ The authority granted by this Act terminates
    on August 20, 2001.\89\
    ---------------------------------------------------------------------------
        \88\ 50 U.S.C. app. 2419.
        \89\ Sec. 2431 of Public Law 100-418 (102 Stat. 1362) extended the
    termination date from 1989 to 1990. The Act expired on September 30,
    1990. Sec. 2 of Public Law 103-10 (107 Stat. 40) subsequently renewed
    the authority of the Act on March 27, 1993, by striking ``September 30,
    1990'' and inserting in lieu thereof ``June 30, 1994''. For the
    intervening period of September 30, 1990 to March 27, 1993, authority
    of the Act was continued by Executive Order 12730 of September 30, 1990
    (55 F.R. 40373), and further extended by Notice of September 25, 1992
    (57 F.R. 44649). Public Law 103-277 (108 Stat. 1407) extended the
    termination day by striking out ``June 30, 1994'' and inserting in lieu
    thereof ``August 20, 1994''. On November 13, 2000, Public Law 106-508
    (114 Stat. 2360) extended the authority of the Act to August 20, 2001.
        For the intervening period from August 20, 1994 through August 20,
    2001, the authority of the Act was extended pursuant to Executive Order
    12924 of August 19, 1994 (59 F.R. 43437), and further extended by
    Notice of August 15, 1995 (60 F.R. 42767); Notice of August 14, 1996
    (61 F.R. 42525); Notice of August 13, 1997 (62 F.R. 43269); Notice of
    August 13, 1998 (63 F.R. 44119); Notice of August 10, 1999 (64 F.R.
    44101); and Notice of August 3, 2000 (65 F.R. 48347).
        In Executive Order 13206 of April 4, 2001 (66 F.R. 18397), in view
    of the reauthorization and extension of the Act by Public Law 106-508,
    the President revoked Executive Order 12924.
        In light of the expiration of the Act on August 20, 2001, in
    Executive Order 13222 of August 17, 2001 (66 F.R. 44025), the President
    continued the authority of the Act, effective midnight August 21, 2001.
    The authority of the Act was further continued by Notice of August 14,
    2002 (67 F.R. 53719); Notice of August 7, 2003 (68 F.R. 47831); Notice
    of August 6, 2004 (69 F.R. 48763); and Notice of August 2, 2005 (70
    F.R. 45273).
    ---------------------------------------------------------------------------

                               savings provisions

        Sec. 21.\90\ (a) In General.--All delegations, rules,
    regulations, orders, determinations, licenses, or other forms
    of administrative action which have been made, issued,
    conducted, or allowed to become effective under the Export
    Control Act of 1949 or the Export Administration Act of 1969
    and which are in effect at the time this Act takes effect shall
    continue in effect according to their terms until modified,
    superseded, set aside, or revoked under this Act.
    ---------------------------------------------------------------------------
        \90\ 50 U.S.C. app. 2420.
    ---------------------------------------------------------------------------
        (b) Administrative Proceedings.--This Act shall not apply
    to any administrative proceedings commenced or any application
    for a license made, under the Export Administration Act of
    1969, which is pending at the time this Act takes effect.

                              technical amendments

        Sec. 22.\91\ * * *
    ---------------------------------------------------------------------------
        \91\ Sec. 22 amended the Arms Export Control Act, the Energy Policy
    and Conservation Act and the Internal Revenue Code of 1954 [1986].
    ---------------------------------------------------------------------------

               international investment survey act authorizations

        Sec. 23.\92\ * * *
    ---------------------------------------------------------------------------
        \92\ Sec. 23 provided authorization of funds for fiscal years 1980
    and 1981 for the International Investment and Trade in Services Survey
    Act.
    ---------------------------------------------------------------------------

                                 miscellaneous

        Sec. 24.\93\ * * *
    ---------------------------------------------------------------------------
        \93\ Sec. 24 amended the Agricultural Trade Development and
    Assistance Act of 1954 (Public Law 480).
                          b. China Satellite Provision

    Partial text of Public Law 109-108 [Science, State, Justice, Commerce,
     and Related Agencies Appropriations Act, 2006; H.R. 2862], 119 Stat.
                                  2290 at 2319

      AN ACT Making appropriations for Science, the Departments of State,
    Justice, and Commerce, and related agencies for the fiscal year ending
                  September 30, 2006, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2006, and for other purposes, namely:
              * * * * * * *

                TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                              DEPARTMENT OF STATE

                       administration of foreign affairs

                        diplomatic and consular programs

              * * * * * * *
        * * * Provided further, That no funds may be obligated or
    expended for processing licenses for the export of satellites
    of United States origin (including commercial satellites and
    satellite components) to the People's Republic of China,
    unless, at least 15 days in advance, the Committees on
    Appropriations of the House of Representatives and the Senate
    are notified of such proposed action: * * *
              * * * * * * *
                c. Export Controls on High Performance Computers

     Partial text of Public Law 105-85 [National Defense Authorization Act
    for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18,
    1997; as amended by Public Law 105-261 [Strom Thurmond National Defense
      Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 2180,
    approved October 17, 1998; Public Law 106-38 [National Missile Defense
    Act of 1999; H.R. 4], 113 Stat. 205, approved July 22, 1999; Public Law
      106-65 [National Defense Authorization Act for Fiscal Year 2000; S.
    1059], 113 Stat. 774, approved October 5, 1999; and Public Law 106-398
      [National Defense Authorization, Fiscal Year 2001; H.R. 4015], 112
                     Stat. 1654, approved October 30, 2000

     AN ACT To authorize appropriations for fiscal year 2001 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

              * * * * * * *

           Subtitle B--Export Controls on High Performance Computers

    SEC. 1211.\1\ EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS.

      (a) Prior Approval of Exports and Reexports.--The President
    shall require that no digital computer with a composite
    theoretical performance level of more than 2,000 millions of
    theoretical operations per second (MTOPS) or with such other
    composite theoretical performance level as may be established
    subsequently by the President under subsection (d), may be
    exported or reexported without a license to a country specified
    in subsection (b) if the Secretary of Commerce, the Secretary
    of Defense, the Secretary of Energy, the Secretary of State, or
    the Director of the Arms Control and Disarmament Agency
    objects, in writing, to such export or reexport. Any person
    proposing to export or reexport such a digital computer shall
    so notify the Secretary of Commerce, who, within 24 hours after
    receiving the notification, shall transmit the notification to
    the Secretary of Defense, the Secretary of Energy, the
    Secretary of State, and the Director of the Arms Control and
    Disarmament Agency.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. app. 2404 note.
    ---------------------------------------------------------------------------
      (b) Covered Countries.--For purposes of subsection (a), the
    countries specified in this subsection are the countries listed
    as ``Computer Tier 3'' eligible countries in section 740.7(d)
    of title 15 of the Code of Federal Regulations, as in effect on
    June 10, 1997, subject to modification by the President under
    subsection (e).
      (c) Time Limit.--Written objections under subsection (a) to
    an export or reexport shall be raised within 10 days after the
    notification is received under subsection (a). If such a
    written objection to the export or reexport of a computer is
    raised, the computer may be exported or reexported only
    pursuant to a license issued by the Secretary of Commerce under
    the Export Administration Regulations of the Department of
    Commerce, without regard to the licensing exceptions otherwise
    authorized under section 740.7 of title 15 of the Code of
    Federal Regulations, as in effect on June 10, 1997. If no
    objection is raised within the 10-day period, the export or
    reexport is authorized.
      (d) Adjustment of Composite Theoretical Performance.--The
    President, in consultation with the Secretary of Commerce, the
    Secretary of Defense, the Secretary of Energy, the Secretary of
    State, and the Director of the Arms Control and Disarmament
    Agency, may establish a new composite theoretical performance
    level for purposes of subsection (a). Such new level shall not
    take effect until 60 \2\ days after the President submits to
    the congressional committees designated in section 1215 a
    report setting forth the new composite theoretical performance
    level and the justification for such new level. Each report
    shall, at a minimum--
    ---------------------------------------------------------------------------
        \2\ Sec. 1234 of Public Law 106-38 (114 Stat. 1654A-330) struck out
    ``180'' and inserted in lieu thereof ``60''. Sec. 314 of the
    Legislative Branch Appropriations Act, 2001 (Appendix B of Public Law
    106-554; 114 Stat. 2763A-123) provided that:
        ``Sec. 314. Review of Proposed Changes to Export Thresholds for
    Computers. Not more than 50 days after the date of the submission of
    the report referred to in subsection (d) of section 1211 of the
    National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. app.
    2404 note), the Comptroller General of the United States shall submit
    an assessment to Congress which contains an analysis of the new
    computer performance levels being proposed by the President under such
    section.''.
    ---------------------------------------------------------------------------
              (1) address the extent to which high performance
            computers of a composite theoretical level between the
            level established in subsection (a) or such level as
            has been previously adjusted pursuant to this section
            and the new level, are available from other countries;
              (2) address all potential uses of military
            significance to which high performance computers at the
            new level could be applied; and
              (3) assess the impact of such uses on the national
            security interests of the United States.
      (e) Adjustment of Covered Countries.--
              (1) In general.--The President, in consultation with
            the Secretary of Commerce, the Secretary of Defense,
            the Secretary of Energy, the Secretary of State, and
            the Director of the Arms Control and Disarmament
            Agency, may add a country to or remove a country from
            the list of covered countries in subsection (b), except
            that a country may be removed from the list only in
            accordance with paragraph (2).
              (2) Deletions from list of covered countries.--The
            removal of a country from the list of covered countries
            under subsection (b) shall not take effect until 120
            days after the President submits to the congressional
            committees designated in section 1215 a report setting
            forth the justification for the deletion.
              (3) Excluded countries.--A country may not be removed
            from the list of covered countries under subsection (b)
            if--
                      (A) the country is a ``nuclear-weapon state''
                    (as defined by Article IX of the Treaty on the
                    Non-Proliferation of Nuclear Weapons) and the
                    country is not a member of the North Atlantic
                    Treaty Organization; or
                      (B) the country is not a signatory of the
                    Treaty on the Non-Proliferation of Nuclear
                    Weapons and the country is listed on Annex 2 to
                    the Comprehensive Nuclear Test-Ban Treaty.
      (f) Classification.--Each report under subsections (d) and
    (e) shall be submitted in an unclassified form and may, if
    necessary, have a classified supplement.
      (g) \3\ Delegation of Objection Authority Within the
    Department of Defense.--For the purposes of the Department of
    Defense, the authority to issue an objection referred to in
    subsection (a) shall be executed for the Secretary of Defense
    by an official at the Assistant Secretary level within the
    office of the Undersecretary of Defense for Policy. In
    implementing subsection (a), the Secretary of Defense shall
    ensure that Department of Defense procedures maximize the
    ability of the Department of Defense to be able to issue an
    objection within the 10-day period specified in subsection (c).
    ---------------------------------------------------------------------------
        \3\ Public Law 105-261 (112 Stat. 1920) added subsec. (g).
    ---------------------------------------------------------------------------
      (h) \4\ Calculation of the 60-day Period.--The 60-day period
    referred to in subsection (d) shall be calculated by excluding
    the days on which either House of Congress is not in session
    because of an adjournment of the Congress sine die.
    ---------------------------------------------------------------------------
        \4\ Sec. 1234(a)(2) of Public Law 106-398 (114 Stat. 1654A-330)
    added subsec. (h). Sec. 1234(b) of Public Law 106-398 (114 Stat. 1654A-
    331) further provided the following:
        ``(b) Effective Date.--The amendments made by subsection (a) shall
    apply to any new composite theoretical performance level established
    for purposes of section 1211(a) of the National Defense Authorization
    Act for Fiscal Year 1998 that is submitted by the President pursuant to
    section 1211(d) of that Act on or after the date of the enactment of
    this Act.''.
    ---------------------------------------------------------------------------

    SEC. 1212. REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.

      (a) Report.--Not later than 60 days after the date of the
    enactment of this Act, the President shall provide to the
    congressional committees specified in section 1215 a report
    identifying all exports of digital computers with a composite
    theoretical performance of more than 2,000 millions of
    theoretical operations per second (MTOPS) to all countries
    since January 25, 1996. For each export, the report shall
    identify--
              (1) whether an export license was applied for and
            whether one was granted;
              (2) the date of the transfer of the computer;
              (3) the United States manufacturer and exporter of
            the computer;
              (4) the MTOPS level of the computer; and
              (5) the recipient country and end user.
      (b) Additional Information on Exports to Certain Countries.--
    In the case of exports to countries specified in subsection
    (c), the report under subsection (a) shall identify the
    intended end use for the exported computer and the assessment
    by the executive branch of whether the end user is a military
    end user or an end user involved in activities relating to
    nuclear, chemical, or biological weapons or missile technology.
    Information provided under this subsection may be submitted in
    classified form if necessary.
      (c) Covered Countries.--For purposes of subsection (b), the
    countries specified in this subsection are--
              (1) the countries listed as ``Computer Tier 3''
            eligible countries in section 740.7(d) of title 15 of
            the Code of Federal Regulations, as in effect on June
            10, 1997; and
              (2) the countries listed in section 740.7(e) of title
            15 of the Code of Federal Regulations, as in effect on
            June 10, 1997.

    SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH PERFORMANCE
                        COMPUTERS.

      (a) Required Post-Shipment Verification.--The Secretary of
    Commerce shall conduct post-shipment verification of each
    digital computer with a composite theoretical performance of
    more than 2,000 millions of theoretical operations per second
    (MTOPS) that is exported from the United States, on or after
    the date of the enactment of this Act, to a country specified
    in subsection (b).
      (b) Covered Countries.--For purposes of subsection (a), the
    countries specified in this subsection are the countries listed
    as ``Computer Tier 3'' eligible countries in section 740.7 of
    title 15 of the Code of Federal Regulations, as in effect on
    June 10, 1997, subject to modification by the President under
    section 1211(e).
      (c) Annual Report.--The Secretary of Commerce shall submit to
    the congressional committees specified in section 1215 an
    annual report on the results of post-shipment verifications
    conducted under this section during the preceding year. Each
    such report shall include a list of all such items exported
    from the United States to such countries during the previous
    year and, with respect to each such export, the following:
              (1) The destination country.
              (2) The date of export.
              (3) The intended end use and intended end user.
              (4) The results of the post-shipment verification.
      (d) Explanation When Verification Not Conducted.--If a post-
    shipment verification has not been conducted in accordance with
    subsection (a) with respect to any such export during the
    period covered by a report, the Secretary shall include in the
    report for that period a detailed explanation of the reasons
    why such a post-shipment verification was not conducted.

    SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION
                        ASSISTANCE.

      (a) In General.--The Comptroller General of the United States
    shall submit to the congressional committees specified in
    section 1215 a study of the national security risks relating to
    the sale of computers with a composite theoretical performance
    of between 2,000 and 7,000 millions of theoretical operations
    per second (MTOPS) to end users in countries specified in
    subsection (c). The study shall also analyze any foreign
    availability of computers described in the preceding sentence
    and the impact of such sales on United States exporters.
      (b) End User Information Assistance to Exporters.--The
    Secretary of Commerce shall establish a procedure by which
    exporters may seek information on questionable end users in
    countries specified in subsection (c) who are seeking to obtain
    computers described in subsection (a).
      (c) Covered Countries.--For purposes of subsections (a) and
    (b), the countries specified in this subsection are the
    countries listed as ``Computer Tier 3'' eligible countries in
    section 740.7(d) of title 15 of the Code of Federal
    Regulations, as in effect on June 10, 1997.

    SEC. 1215. CONGRESSIONAL COMMITTEES.

      For purposes of sections 1211(d), 1212(a), 1213(c), and
    1214(a) the congressional committees specified in those
    sections are the following:
              (1) The Committee on Banking, Housing, and Urban
            Affairs and the Committee on Armed Services of the
            Senate.
              (2) The Committee on International Relations and the
            Committee on Armed Services \5\ of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \5\ Sec. 1067(4) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
                d. Export Administration Amendments Act of 1985

    Partial text of Public Law 99-64 [S. 883], 99 Stat. 120, approved July
       12, 1985; as amended by Public Law 99-441 [Defense Production Act
      Amendments of 1986; H.R. 5480], 100 Stat. 1117, approved October 3,
          1986; Public Law 99-633 [Export Administration Act of 1979,
      Authorization; S. 2245], 100 Stat. 3522, approved October 7, 1986;
    Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; H.R.
      4848], 102 Stat. 1107, approved August 23, 1988; Public Law 102-429
     [Export Enhancement Act of 1992; H.R. 5739], 106 Stat. 2186, approved
    October 21, 1992; and Public Law 103-392 [Jobs Through Trade Expansion
       Act of 1994; H.R. 4950], 108 Stat. 4098, approved October 22, 1994

     AN ACT To reauthorize the Export Administration Act of 1979, and for
                                other purposes.

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

          TITLE I--AMENDMENTS TO EXPORT ADMINISTRATION ACT OF 1979 \1\
    ---------------------------------------------------------------------------

        \1\ 50 U.S.C. app. 2401 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 126. ALASKAN OIL STUDY.

        (a) Review of Alaskan Oil Policy.--
              (1) In general.--The President shall undertake a
            comprehensive review of the issues and related data
            concerning possible changes in the existing incentives
            to produce crude oil from the North Slope of Alaska
            (including changes in Federal and State taxation,
            pipeline tariffs, and Federal leasing policies) and
            possible changes in the existing distribution of crude
            oil from the North Slope of Alaska (including changes
            in export restrictions which would permit exports at
            free market levels and at levels of 50,000 barrels per
            day, 100,000 barrels per day, 200,000 barrels per day,
            and 500,000 barrels per day), as well as the
            appropriateness of continuing existing controls. Such
            review shall include, but not be limited to, a study
            of--
                      (A) the effect of such changes on the energy
                    and national security of the United States and
                    its allies;
                      (B) the role of such changes in United States
                    foreign policymaking, including international
                    energy policymaking;
                      (C) the impact of such changes on employment
                    levels in the maritime industry, the oil
                    industry, and other industries;
                      (D) the impact of such changes on the
                    refiners and on consumers;
                      (E) the impact of such changes on the
                    revenues and expenditures of the Federal
                    Government and the government of Alaska;
                      (F) the effect of such changes on incentives
                    for oil and gas exploration and development in
                    the United States; and
                      (G) the effect of such changes on the overall
                    trade deficit of the United States, and the
                    trade deficit of the United States with respect
                    to particular countries, including the effect
                    of such changes on trade barriers of other
                    countries.
              (2) Findings, options, and recommendations.--The
            President shall develop, after consulting with
            appropriate State and Federal officials and other
            persons, findings, options, and recommendations
            regarding the production and distribution of crude oil
            from North Slope of Alaska.
        (b) Consultation and Report.--In carrying out subsection
    (a), the President shall consult with the Committees on Foreign
    Affairs and Energy and Commerce of the House of Representatives
    and the appropriate committees of the Senate. Not later than 9
    months after the date of the enactment of this Act, the
    President shall transmit to each of those committees a report
    which contains the results of the review under subsection
    (a)(1), and the findings, options, and recommendations
    developed under subsection (a)(2).

                      TITLE II--EXPORT PROMOTION PROGRAMS

    SEC. 201.\2\ REQUIREMENT OF PRIOR AUTHORIZATION.

        (a) General Rule.--Notwithstanding any other provision of
    law, money appropriated to the Department of Commerce for
    expenses to carry out any export promotion program may be
    obligated or expended only if--
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 4051.
    ---------------------------------------------------------------------------
              (1) the appropriation thereof has been previously
            authorized by law enacted on or after the date of the
            enactment of this Act; or
              (2) the amount of all such obligations and
            expenditures does not exceed an amount previously
            prescribed by law enacted on or after such date.
        (b) Exception for Later Legislation Authorizing Obligations
    or Expenditures.--To the extent that legislation enacted after
    the making of an appropriation to carry out an export promotion
    program authorizes the obligation or expenditure thereof, the
    limitation contained in subsection (a) shall have no effect.
        (c) Provisions Must Be Specifically Superseded.--The
    provisions of this section shall not be superseded except by a
    provision of law enacted after the date of the enactment of
    this Act which specifically repeals, modifies, or supersedes
    the provisions of this section.
        (d) Export Promotion Program Defined.--For purposes of this
    title, the term ``export promotion program'' means any activity
    of the Department of Commerce designed to stimulate or assist
    United States businesses in marketing their goods and services
    abroad competitively with businesses from other countries,
    including, but not limited to--
              (1) trade development (except for the trade
            adjustment assistance program) and dissemination of
            foreign marketing opportunities and other marketing
            information to United States producers of goods and
            services, including the expansion of foreign markets
            for United States textiles and apparel and any other
            United States products;
              (2) the development of regional and multilateral
            economic policies which enhance United States trade and
            investment interests, and the provision of marketing
            services with respect to foreign countries and regions;
              (3) the exhibition of United States goods in other
            countries; \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 2305(a) of the Omnibus Trade and Competitiveness Act of
    1988 (Public Law 100-418; 102 Stat. 1344) struck out ``and'' after the
    semicolon in para. (3), struck out a period at the end of para. (4),
    inserted in lieu thereof ``; and'', and added para. (5).
    ---------------------------------------------------------------------------
              (4) the operations of the United States and Foreign
            Commercial Service, or any successor agency; and \3\
              (5) \3\ the Market Development Cooperator Program
            established under section 2303 of the Export
            Enhancement Act of 1988, and assistance for trade shows
            provided under section 2304 of that Act.
      (e) \4\ Printing Outside the United States.--(1)
    Notwithstanding the provisions of section 501 of title 44,
    United States Code, and consistent with other applicable law,
    the Secretary of Commerce, in carrying out any export promotion
    program, may authorize--
    ---------------------------------------------------------------------------
        \4\ Sec. 2308 of Public Law 100-418 (102 Stat. 1346) added subsec.
    (e).
    ---------------------------------------------------------------------------
              (A) the printing, distribution, and sale of documents
            outside the contiguous United States, if the Secretary
            finds that the implementation of such export promotion
            program would be more efficient, and if such documents
            will be distributed primarily and sold exclusively
            outside the United States; and
              (B) the acceptance of private notices and
            advertisements in connection with the printing and
            distribution of such documents.
      (2) Any fees received by the Secretary pursuant to paragraph
    (1) shall be deposited in a separate account or accounts which
    may be used to defray directly the costs incurred in conducting
    activities authorized by paragraph (1) or to repay or make
    advances to appropriations or other funds available for such
    activities.

    SEC. 202.\5\ AUTHORIZATION OF APPROPRIATIONS.

      There are authorized to be appropriated to the Department of
    Commerce to carry out export promotion programs such sums as
    are necessary for fiscal years 1995 and 1996.
    ---------------------------------------------------------------------------
        \5\ 15 U.S.C. 4052. Sec. 301 of the Jobs Through Trade Expansion
    Act of 1994 (Public Law 103-392; 108 Stat. 4099) amended and restated
    sec. 202. Previous authorizations for export promotion programs were:
    fiscal years 1985 and 1986--$113,273,000; fiscal years 1987 and 1988--
    $123,922,000 (Public Law 99-663); fiscal year 1988--$123,922,000
    (Public Law 100-418); fiscal years 1989 and 1990--$146,400,000 (Public
    Law 100-418); fiscal year 1993--$190,000,000; and fiscal year 1994--
    $200,000,000 (and $5,500,000 for each of those years to carry out sec.
    2303 of the Export Enhancement Act of 1988).
    ---------------------------------------------------------------------------

    SEC. 203.\6\ BARTER ARRANGEMENTS.

        (a) Report on Status of Federal Barter Programs.--The
    Secretary of Agriculture and the Secretary of Energy shall, not
    later than 90 days after the date of the enactment of this Act,
    submit to the Congress a report on the status of Federal
    programs relating to the barter or exchange of commodities
    owned by the Commodity Credit Corporation for materials and
    products produced in foreign countries. Such report shall
    include details of any changes necessary in existing law to
    allow the Department of Agriculture and, in the case of
    petroleum resources, the Department of Energy, to implement
    fully any barter program.
    ---------------------------------------------------------------------------
        \6\ 15 U.S.C. 4053.
    ---------------------------------------------------------------------------
        (b) Authorities of the President.--The President is
    authorized--
              (1) to barter stocks of agricultural commodities
            acquired by the Government for petroleum and petroleum
            products, and for other materials vital to the national
            interest, which are produced abroad, in situations in
            which sales would otherwise not occur; and
              (2) to purchase petroleum and petroleum products, and
            other materials vital to the national interest, which
            are produced abroad and acquired by persons in the
            United States through barter for agricultural
            commodities produced in and exported from the United
            States through normal commercial trade channels.
        (c) Other Provisions of Law Not Affected.--In the case of
    any petroleum, petroleum products, or other materials vital to
    the national interest, which are acquired under subsection (b),
    nothing in this section shall be construed to render
    inapplicable the provisions of any law then in effect which
    apply to the storage, distribution, or use of such petroleum,
    petroleum products, or other materials vital to the national
    interest.
        (d) Conventional Markets Not To Be Displaced by Barters.--
    The President shall take steps to ensure that, in making any
    barter described in subsection (a) or (b)(1) or any purchase
    authorized by subsection (b)(2), existing export markets for
    agricultural commodities operating on conventional business
    terms are safeguarded from displacement by the barter described
    in subsection (a), (b)(1), or (b)(2), as the case may be. In
    addition, the President shall ensure that any such barter is
    consistent with the international obligations of the United
    States, including the General Agreement on Tariffs and Trade.
        (e) Report to the Congress.--The Secretary of Energy shall
    report to the Congress on the effect on energy security and on
    domestic energy supplies of any action taken under this section
    which results in the acquisition by the Government of petroleum
    or petroleum products. Such report shall be submitted to the
    Congress not later than 90 days after such acquisition.
              * * * * * * *
             e. Offsets in Military-Related Exports: Annual Report

                     Title 50, Appendix, United States Code

    Sec. 2099.\1\ Annual report on impact of offsets

        (a) Annual Report on Impact of Offsets.--
    ---------------------------------------------------------------------------
        \1\ Sec. 2099 was enacted as sec. 309 of the Defense Production Act
    Amendments of 1984 (Public Law 98-265; 98 Stat. 152). Sec. 124 of the
    Defense Production Act Amendments of 1992 (Public Law 102-558; 106
    Stat. 4207) amended and restated subsecs. (a) and (b), and added new
    subsecs. (c) through (e). See also sec. 123 of that Act.
    ---------------------------------------------------------------------------
              (1) Report required.--Not later than 18 months after
            the date of the enactment of the Defense Production Act
            Amendments of 1984 \2\ and annually thereafter, the
            President \3\ shall submit to the Committee on
            Financial Services of the House of Representatives \4\
            and the Committee on Banking, Housing, and Urban
            Affairs of the Senate, a detailed report on the impact
            of offsets on the defense preparedness, industrial
            competitiveness, employment, and trade of the United
            States.
    ---------------------------------------------------------------------------
        \2\ Enacted April 17, 1984.
        \3\ Executive Order 12521 of June 24, 1985, 50 F.R. 26335 (Offsets
    in Military Related Exports), delegated preparation and submission of
    reports to the Director of the Office of Management and Budget (OMB).
        \4\ Sec. 4(5) of the Defense Production Act Amendments of 2001
    (Public Law 107-47; 115 Stat. 260) struck out ``Committee on Banking,
    Finance and Urban Affairs of the House of Representatives'' and
    inserted in lieu thereof ``Committee on Financial Services of the House
    of Representatives''.
        Previously, sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186)
    provided that references to the Committee on Banking, Finance and Urban
    Affairs of the House of Representatives shall be treated as referring
    to the Committee on Banking and Financial Services of the House of
    Representatives.
    ---------------------------------------------------------------------------
              (2) Duties of the secretary of commerce.--The
            Secretary of Commerce (hereafter in this subsection
            referred to as ``the Secretary'') shall--
                      (A) prepare the report required by paragraph
                    (1);
                      (B) consult with the Secretary of Defense,
                    the Secretary of the Treasury, the Secretary of
                    State, and the United States Trade
                    Representative in connection with the
                    preparation of such report; and
                      (C) function as the President's Executive
                    Agent for carrying out this section.
        (b) \5\ Interagency Studies and Related Data.--
    ---------------------------------------------------------------------------
        \5\ Sec. 4(3) of the Defense Production Act Amendments of 1986
    (Public Law 99-441; 100 Stat. 1117) added subsec. (b). Subsequently,
    sec. 124 of Defense Production Act Amendments of 1992 (Public Law 102-
    558; 106 Stat. 4207) amended and restated subsec. (b).
    ---------------------------------------------------------------------------
              (1) Purpose of report.--Each report required under
            subsection (a) shall identify the cumulative effects of
            offset agreements on--
                      (A) the full range of domestic defense
                    productive capability (with special attention
                    paid to the firms serving as lower-tier
                    subcontractors or suppliers); and
                      (B) the domestic defense technology base as a
                    consequence of the technology transfers
                    associated with such offset agreements.
              (2) Use of data.--Data developed or compiled by any
            agency while conducting any interagency study or other
            independent study or analysis shall be made available
            to the Secretary to facilitate the execution of the
            Secretary's responsibilities with respect to trade
            offset and countertrade policy development.
        (c) Notice of Offset Agreements.--
              (1) In general.--If a United States firm enters into
            a contract for the sale of a weapons system or defense-
            related item to a foreign country or foreign firm and
            such contract is subject to an offset agreement
            exceeding $5,000,000 in value, such firm shall furnish
            to the official designated in the regulations
            promulgated pursuant to paragraph (2) information
            concerning such sale.
              (2) Regulations.--The information to be furnished
            under paragraph (1) shall be prescribed in regulations
            promulgated by the Secretary. Such regulations shall
            provide protection from public disclosure for such
            information, unless public disclosure is subsequently
            specifically authorized by the firm furnishing the
            information.
        (d) Contents of Report.--
              (1) In general.--Each report under subsection (a)
            shall include--
                      (A) a net assessment of the elements of the
                    industrial base and technology base covered by
                    the report;
                      (B) recommendations for appropriate remedial
                    action under the authority of this Act, or
                    other law or regulations;
                      (C) a summary of the findings and
                    recommendations of any interagency studies
                    conducted during the reporting period under
                    subsection (b);
                      (D) a summary of offset arrangements
                    concluded during the reporting period for which
                    information has been furnished pursuant to
                    subsection (c); and
                      (E) a summary and analysis of any bilateral
                    and multilateral negotiations relating to the
                    use of offsets completed during the reporting
                    period.
              (2) Alternative findings and recommendations.--Each
            report required under this section shall include any
            alternative findings or recommendations offered by any
            departmental Secretary, agency head, or the United
            States Trade Representative to the Secretary.
        (e) Utilization of Annual Report in Negotiations.--The
    findings and recommendations of the reports required by
    subsection (a), and any interagency reports and analyses shall
    be considered by representatives of the United States during
    bilateral and multilateral negotiations to minimize the adverse
    effects of offsets.
                   f. Declaration and Report on Offset Policy

     Partial text of Public Law 102-558 [Defense Production Act Amendments
          of 1992; S. 347], 106 Stat. 4198, approved October 28, 1992

     AN ACT To amend the Defense Production Act of 1950 to revitalize the
     defense industrial base 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; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Defense
    Production Act Amendments of 1992''.
        (b) Table of Contents.--* * *
              * * * * * * *

    SEC. 123.\1\ DECLARATION OF OFFSET POLICY.

        (a) In General.--Recognizing that certain offsets for
    military exports are economically inefficient and market
    distorting, and mindful of the need to minimize the adverse
    effects of offsets in military exports while ensuring that the
    ability of United States firms to compete for military export
    sales is not undermined, it is the policy of the Congress
    that--
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. app. 2099 note.
    ---------------------------------------------------------------------------
              (1) no agency of the United States Government shall
            encourage, enter directly into, or commit United States
            firms to any offset arrangement in connection with the
            sale of defense goods or services to foreign
            governments;
              (2) United States Government funds shall not be used
            to finance offsets in security assistance transactions,
            except in accordance with policies and procedures that
            were in existence on March 1, 1992;
              (3) nothing in this section shall prevent agencies of
            the United States Government from fulfilling
            obligations incurred through international agreements
            entered into before March 1, 1992; and
              (4) the decision whether to engage in offsets, and
            the responsibility for negotiating and implementing
            offset arrangements reside with the companies involved.
        (b) Presidential Approval of Exceptions.--It is the policy
    of the Congress that the President may approve an exception to
    the policy stated in subsection (a) after receiving the
    recommendation of the National Security Council.
        (c) Consultation.--It is the policy of the Congress that
    the President shall designate the Secretary of Defense to lead,
    in coordination with the Secretary of State, an interagency
    team to consult with foreign nations on limiting the adverse
    effects of offsets in defense procurement. The President shall
    transmit an annual report on the results of these consultations
    to the Congress as part of the report required under section
    309(a) of the Defense Production Act of 1950.\2\
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. app. 2099.
                g. Export Administration Amendments Act of 1981

    Partial text of Public Law 97-145 [H.R. 3567], 95 Stat. 1727, approved
                               December 29, 1981

     AN ACT To authorize appropriations for the fiscal years 1982 and 1983
    to carry out the purposes of the Export Administration Act of 1979, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Export Administration Amendments Act
    of 1981''.
              * * * * * * *
        SEC. 7.\1\ Notwithstanding any other provision of law, no
    provision of the Export Administration Act of 1979, as amended
    by this Act, or of any other Act shall be construed to prohibit
    the exercise of authorities contained in the Export
    Administration Act of 1979 to impose a total embargo in the
    event of Soviet or Warsaw Pact military action against Poland.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. app. 2405 note.
                 h. Continuation of Export Control Regulations

      Executive Order 13222,\1\ August 17, 2001, 59 F.R. 43437, 50 U.S.C.
                                   1701 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including but not limited to section 203 of the International
    Emergency Economic Powers Act (``Act'') (50 U.S.C. 1702), I,
    GEORGE W. BUSH, President of the United States of America, find
    that the unrestricted access of foreign parties to U.S. goods
    and technology and the existence of certain boycott practices
    of foreign nations, in light of the expiration of the Export
    Administration Act of 1979, as amended (50 U.S.C. App. 2401 et
    seq.), constitute an unusual and extraordinary threat to the
    national security, foreign policy, and economy of the United
    States and hereby declare a national emergency with respect to
    that threat.
    ---------------------------------------------------------------------------
        \1\ The Export Administration Act of 1979 expired on September 30,
    1990. To continue export control regulations governed by the Act, the
    President issued Executive Order 12730 (September 30, 1990; 55 F.R.
    40373), which in turn was extended by a Presidential Notice of
    September 26, 1991 (56 F.R. 49385), and further extended by Notice of
    September 25, 1992 (57 F.R. 44649).
        Sec. 2 of Public Law 103-10 (107 Stat. 40) renewed the authority of
    the Act through June 30, 1994, effective March 27, 1993, and authorized
    funds for fiscal years 1993 and 1994. Subsequently, sec. 1 of Executive
    Order 12867 of September 30, 1993 (58 F.R. 51747) rescinded Executive
    Order 12730.
        On the day the Act was once again set to expire, June 30, 1994, the
    President issued Executive Order 12923 (59 F.R. 34551) to continue the
    provisions of the Act and provisions for its administration.
    Subsequently, Public Law 103-277 (108 Stat. 1407; enacted July 5, 1994)
    renewed the authority of the Export Administration Act through August
    20, 1994. Near that expiration, the President issued Executive Order
    12924 (August 19, 1994; 59 F.R. 43437) to continue the authorities in
    the Act and to revoke Executive Order 12923.
        Executive Order 12924 was continued beyond August 19, 1995, by a
    Notice of August 15, 1995 (60 F.R. 42767); Notice of August 14, 1996
    (61 F.R. 42527); Notice of August 13, 1997 (62 F.R. 43629); Notice of
    August 13, 1998 (63 F.R. 44119); Notice of August 10, 1999 (64 F.R.
    44101); and by Notice of August 3, 2000 (65 F.R. 48347).
        The Export Administration Act of 1979 was extended to August 20,
    2001 by Public Law 106-508. The President, in issuing Executive Order
    13206 of April 4, 2001 (66 F.R. 18397) revoked Executive Order 12924.
    The Act subsequently expired; the President issued this Executive Order
    to continue its authority.
        In light of the expiration of the Act on August 20, 2001, in
    Executive Order 13222 of August 17, 2001 (66 F.R. 44025), the President
    continued the authority of the Act, effective midnight August 21, 2001.
    The authority of the Act was further continued by Notice of August 14,
    2002 (67 F.R. 53719); Notice of August 7, 2003 (68 F.R. 47831); Notice
    of August 6, 2004 (69 F.R. 48763); and by Notice of August 2, 2005 (70
    F.R. 45273).
    ---------------------------------------------------------------------------
        Accordingly, in order (a) to exercise the necessary
    vigilance over exports and activities affecting the national
    security of the United States; (b) to further significantly the
    foreign policy of the United States, including its policy with
    respect to cooperation by U.S. persons with certain foreign
    boycott activities, and to fulfill its international
    responsibilities; and (c) to protect the domestic economy from
    the excessive drain of scarce materials and reduce the serious
    economic impact of foreign demand, it is hereby ordered as
    follows:
        Section 1. To the extent permitted by law, the provisions
    of the Export Administration Act of 1979, as amended, and the
    provisions for administration of the Export Administration Act
    of 1979, as amended, shall be carried out under this order so
    as to continue in full force and effect and amend, as
    necessary, the export control system heretofore maintained by
    the Export Administration regulations issued under the Export
    Administration Act of 1979, as amended. The delegations of
    authority set forth in Executive Order No. 12002 of July 7,
    1977, as amended, by Executive Order No. 12755 of March 12,
    1991, and Executive Order 13026 of November 15, 1996; Executive
    Order No. 12214 of May 2, 1980; Executive Order No. 12735 of
    November 16, 1990; and Executive Order 12851 of June 11, 1993,
    shall be incorporated in this order and shall apply to the
    exercise of authorities under this order. All actions under
    this order shall be in accordance with Presidential directives
    relating to the export control system heretofore issued and not
    revoked.
        Sec. 2. All rules and regulations issued or continued in
    effect by the Secretary of Commerce under the authority of the
    Export Administration Act of 1979, as amended, including those
    published in Title 15, Subtitle B, Chapter VII, Subchapter C,
    of the Code of Federal Regulations, Parts 730 through 774, and
    all orders, regulations, licenses, and other forms of
    administrative action issued, taken, or continued in effect
    pursuant thereto, shall, until amended or revoked by the
    Secretary of Commerce, remain in full force and effect as if
    issued or taken pursuant to this order, except that the
    provisions of sections 203(b)(2) and 206 of the Act (50 U.S.C.
    1702(b)(2) and 1705) shall control over any inconsistent
    provisions in the regulations. Nothing in this section shall
    affect the continued applicability of administrative sanctions
    provided for by the regulations described above.
        Sec. 3. Provisions for administration of section 38(e) of
    the Arms Export Control Act (22 U.S.C. 2778(e)) may be made and
    shall continue in full force and effect until amended or
    revoked under the authority of section 203 of the Act (50
    U.S.C. 1702). To the extent permitted by law, this order also
    shall constitute authority for the issuance and continuation in
    full force and effect of all rules and regulations by the
    President or his delegate, and all orders, licenses, and other
    forms of administrative actions issued, taken, or continued in
    effect pursuant thereto, relating to the administration of
    section 38(e).
        Sec. 4. This order shall be effective as of midnight
    between August 20, 2001 and August 21, 2001, eastern daylight
    time.
          i. Administration of Export Controls on Encryption Products

    Executive Order 13026, November 15, 1996, 61 F.R. 58767, 50 U.S.C. app.
                                   2403 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including but not limited to the International Emergency
    Economic Powers Act (50 U.S.C. 1701 et seq.), and in order to
    take additional steps with respect to the national emergency
    described and declared in Executive Order 12924 of August 19,
    1994, and continued on August 15, 1995, and on August 14, 1996,
    I, WILLIAM J. CLINTON, President of the United States of
    America, have decided that the provisions set forth below shall
    apply to administration of the export control system maintained
    by the Export Administration Regulations, 15 CFR Part 730 et
    seq. (``the EAR''). Accordingly, it is hereby ordered as
    follows:
        Section 1. Treatment of Encryption Products. In order to
    provide for appropriate controls on the export and foreign
    dissemination of encryption products, export controls of
    encryption products that are or would be, on this date,
    designated as defense articles in Category XIII of the United
    States Munitions List and regulated by the United States
    Department of State pursuant to the Arms Export Control Act, 22
    U.S.C. 2778 et seq. (``the AECA''), but that subsequently are
    placed on the Commerce Control List in the EAR, shall be
    subject to the following conditions: (a) I have determined that
    the export of encryption products described in this section
    could harm national security and foreign policy interests even
    where comparable products are or appear to be available from
    sources outside the United States, and that facts and questions
    concerning the foreign availability of such encryption products
    cannot be made subject to public disclosure or judicial review
    without revealing or implicating classified information that
    could harm United States national security and foreign policy
    interests. Accordingly, sections 4(c) and 6(h)(2)-(4) of the
    Export Administration Act of 1979 (``the EAA''), 50 U.S.C. App.
    2403(c) and 2405(h)(2)-(4), as amended and as continued in
    effect by Executive Order 12924 of August 19, 1994, and by
    notices of August 15, 1995, and August 14, 1996, all other
    analogous provisions of the EAA relating to foreign
    availability, and the regulations in the EAR relating to such
    EAA provisions, shall not be applicable with respect to export
    controls on such encryption products. Notwithstanding this, the
    Secretary of Commerce (``Secretary'') may, in his discretion,
    consider the foreign availability of comparable encryption
    products in determining whether to issue a license in a
    particular case or to remove controls on particular products,
    but is not required to issue licenses in particular cases or to
    remove controls on particular products based on such
    consideration;
        (b) Executive Order 12981, as amended by Executive Order
    13020 of October 12, 1996, is further amended as follows: * * *
    \1\
    ---------------------------------------------------------------------------
        \1\ For Executive Order 12981 as amended, see page 1444.
    ---------------------------------------------------------------------------
        (c) Because the export of encryption software, like the
    export of other encryption products described in this section,
    must be controlled because of such software's functional
    capacity, rather than because of any possible informational
    value of such software, such software shall not be considered
    or treated as ``technology,'' as that term is defined in
    section 16 of the EAA (50 U.S.C. App. 2415) and in the EAR (61
    Fed. Reg. 12714, March 25, 1996);
        (d) With respect to encryption products described in this
    section, the Secretary shall take such actions, including the
    promulgation of rules, regulations, and amendments thereto, as
    may be necessary to control the export of assistance (including
    training) to foreign persons in the same manner and to the same
    extent as the export of such assistance is controlled under the
    AECA, as amended by section 151 of Public Law 104-164 (110
    Stat. 1437);
        (e) Appropriate controls on the export and foreign
    dissemination of encryption products described in this section
    may include, but are not limited to, measures that promote the
    use of strong encryption products and the development of a key
    recovery management infrastructure; and
        (f) Regulation of encryption products described in this
    section shall be subject to such further conditions as the
    President may direct.
        Sec. 2. Effective Date. The provisions described in section
    1 shall take effect as soon as any encryption products
    described in section 1 are placed on the Commerce Control List
    in the EAR.
        Sec. 3. Judicial Review. This order is intended only to
    improve the internal management of the executive branch and to
    ensure the implementation of appropriate controls on the export
    and foreign dissemination of encryption products. It is not
    intended to, and does not, create any rights to administrative
    or judicial review, or any other right or benefit or trust
    responsibility, substantive or procedural, enforceable by a
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.
                      j. Administration of Export Controls

     Executive Order 12981, December 5, 1995, 60 F.R. 62981, 50 U.S.C. app
    2403 note; amended by Executive Order 13020, October 12, 1996, 61 F.R.
      54079; Executive Order 13026, November 15, 1996, 61 F.R. 58767; and
              Executive Order 13117, March 31, 1999, 64 F.R. 16591

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including but not limited to the International Emergency
    Economic Powers Act (50 U.S.C. 1701 et. seq.) (``the Act''),
    and in order to take additional steps with respect to the
    national emergency described and declared in Executive Order
    No. 12924 of August 19, 1994, and continued on August 15, 1995,
    I, WILLIAM J. CLINTON, President of the United States of
    America, find that it is necessary for the procedures set forth
    below to apply to export license applications submitted under
    the Act and the Export Administration Regulations (15 C.F.R.
    Part 730 et. seq.) (``the Regulations'') or under any renewal
    of, or successor to, the Export Administration Act of 1979, as
    amended (50 U.S.C. App. 2401 et. seq.) (``the Export
    Administration Act''), and the Regulations. Accordingly, it is
    hereby ordered as follows:
        Section 1. License Review. To the extent permitted by law
    and consistent with Executive Order No. 12924 of August 19,
    1994, the power, authority, and discretion conferred upon the
    Secretary of Commerce (``the Secretary'') under the Export
    Administration Act to require, review, and make final
    determinations with regard to export licenses, documentation,
    and other forms of information submitted to the Department of
    Commerce pursuant to the Act and the Regulations or under any
    renewal of, or successor to, the Export Administration Act and
    the Regulations, with the power of successive redelegation,
    shall continue. The Departments of State, Defense, and
    Energy\1\ each shall have the authority to review any export
    license application submitted to the Department of Commerce
    pursuant to the Act and the Regulations or under any renewal
    of, or successor to, the Export Administration Act and the
    Regulations. The Secretary may refer license applications to
    other United States Government departments or agencies for
    review as appropriate. In the event that a department or agency
    determines that certain types of applications need not be
    referred to it, such department or agency shall notify the
    Department of Commerce as to the specific types of such
    applications that it does not wish to review. All departments
    or agencies shall promptly respond, on a case-by-case basis, to
    requests from other departments or agencies for historical
    information relating to past license applications.
    ---------------------------------------------------------------------------
        \1\ Sec. 1 of Executive Order 13117 (March 31, 1999, 64 F.R. 16591)
    struck out ``, and the Arms Control and Disarmament Agency''.
    ---------------------------------------------------------------------------
        Sec. 2. Determinations. (a) All license applications
    submitted under the Act and the Regulations or any renewal of,
    or successor to, the Export Administration Act and the
    Regulations, shall be resolved or referred to the President no
    later than 90 calendar days after registration of the completed
    license application.
        (b) The following actions related to processing a license
    application submitted under the Act and the Regulations or any
    renewal of, or successor to, the Export Administration Act and
    the Regulations shall not be counted in calculating the time
    periods prescribed in this order:
              (1) Agreement of the Applicant. Delays upon which the
            Secretary and the applicant mutually agree.
              (2) Prelicense Checks. Prelicense checks through
            government channels that may be required to establish
            the identity and reliability of the recipient of items
            controlled under the Act and the Regulations or any
            renewal of, or successor to, the Export Administration
            Act and the Regulations, provided that:
                      (A) the need for such prelicense check is
                    established by the Secretary, or by another
                    department or agency if the request for
                    prelicense check is made by such department or
                    agency;
                      (B) the Secretary requests the prelicense
                    check within 5 days of the determination that
                    it is necessary; and
                      (C) the Secretary completes the analysis of
                    the result of the prelicense check within 5
                    days.
              (3) Requests for Government-To-Government Assurances.
            Requests for government-to-government assurances of
            suitable end-use of items approved for export under the
            Act and the Regulations or any renewal of, or successor
            to, the Export Administration Act and the Regulations,
            when failure to obtain such assurances would result in
            rejection of the application, provided that:
                      (A) the request for such assurances is sent
                    to the Secretary of State within 5 days of the
                    determination that the assurances are required;
                      (B) the Secretary of State initiates the
                    request of the relevant government within 10
                    days thereafter; and
                      (C) the license is issued within 5 days of
                    the Secretary's receipt of the requested
                    assurances. Whenever such prelicense checks and
                    assurances are not requested within the time
                    periods set forth above, they must be
                    accomplished within the time periods
                    established by this section.
              (4) Multilateral Reviews. Multilateral review of a
            license application as provided for under the Act and
            the Regulations or any renewal of, or successor to, the
            Export Administration Act and the Regulations, as long
            as multilateral review is required by the relevant
            multilateral regime.
              (5) Consultations. Consultation with other
            governments, if such consultation is provided for by a
            relevant multilateral regime or bilateral arrangement
            as a precondition for approving a license.
        Sec. 3. Initial Processing. Within 9 days of registration
    of any license application, the Secretary shall, as
    appropriate:
              (a) request additional information from the
            applicant. The time required for the applicant to
            supply the additional information shall not be counted
            in calculating the time periods prescribed in this
            section.
              (b) refer the application and pertinent information
            to agencies or departments as stipulated in section 1
            of this order, and forward to the agencies any relevant
            information submitted by the applicant that could not
            be reduced to electronic form.
              (c) assure that the stated classification on the
            application is correct; return the application if a
            license is not required; and, if referral to other
            departments or agencies is not required, grant the
            application or notify the applicant of the Secretary's
            intention to deny the application.
        Sec. 4. Department or Agency Review. (a) Each reviewing
    department or agency shall specify to the Secretary, within 10
    days of receipt of a referral as specified in subsection 3(b),
    any information not in the application that would be required
    to make a determination, and the Secretary shall promptly
    request such information from the applicant. If, after receipt
    of the information so specified or other new information, a
    reviewing department or agency concludes that additional
    information would be required to make a determination, it shall
    promptly specify that additional information to the Secretary,
    and the Secretary shall promptly request such information from
    the applicant. The time that may elapse between the date the
    information is requested by the reviewing department or agency
    and the date the information is received by the reviewing
    department or agency shall not be counted in calculating the
    time periods prescribed in this order. Such information
    specified by reviewing departments or agencies is in addition
    to any information that may be requested by the Department of
    Commerce on its own initiative during the first 9 days after
    registration of an application.
        (b) Within 30 days of receipt of a referral and all
    required information, a department or agency shall provide the
    Secretary with a recommendation either to approve or deny the
    license application. As appropriate, such recommendation may be
    with the benefit of consultation and discussions in interagency
    groups established to provide expertise and coordinate
    interagency consultation. A recommendation that the Secretary
    deny a license shall include a statement of the reasons for
    such recommendation that are consistent with the provisions of
    the Act and the Regulations or any renewal of, or successor to,
    the Export Administration Act and the Regulations and shall
    cite both the statutory and the regulatory bases for the
    recommendation to deny. A department or agency that fails to
    provide a recommendation within 30 days with a statement of
    reasons and the statutory and regulatory bases shall be deemed
    to have no objection to the decision of the Secretary.
        Sec. 5. Interagency Dispute Resolution. (a) Committees.
    (1)(A) Export Administration Review Board. The Export
    Administration Review Board (``the Board''), which was
    established by Executive Order No. 11533 of June 4, 1970, and
    continued in Executive Order No. 12002 of July 7, 1977, is
    hereby continued. The Board shall have as its members, the
    Secretary, who shall be Chair of the Board, the Secretary of
    State, the Secretary of Defense and the Secretary of Energy.\2\
    The Chairman of the Joint Chiefs of Staff and the Director of
    Central Intelligence shall be nonvoting members of the Board.
    No alternate Board members shall be designated, but the acting
    head or deputy head of any member department or agency may
    serve in lieu of the head of the concerned department or
    agency. The Board may invite the heads of other United States
    Government departments or agencies, other than the departments
    or agencies represented by the Board members, to participate in
    the activities of the Board when matters of interest to such
    departments or agencies are under consideration.
    ---------------------------------------------------------------------------
        \2\ Sec. 3 of Executive Order 13117 (March 31, 1999; 64 F.R. 16591)
    inserted ``and'' after ``the Secretary of Defense'' and before ``the
    Secretary of Energy'', and struck out ``, and the Director of the Arms
    Control and Disarmament Agency''.
    ---------------------------------------------------------------------------
        (B) The Secretary may, from time to time, refer to the
    Board such particular export license matters, involving
    questions of national security or other major policy issues, as
    the Secretary shall select. The Secretary shall also refer to
    the Board any other such export license matter, upon the
    request of any other member of the Board or the head of any
    other United States Government department or agency having any
    interest in such matter. The Board shall consider the matters
    so referred to it, giving due consideration to the foreign
    policy of the United States, the national security, the
    domestic economy, and concerns about the proliferation of
    armaments, weapons of mass destruction, missile delivery
    systems, and advanced conventional weapons and shall make
    recommendations thereon to the Secretary.
        (2) Advisory Committee on Export Policy. An Advisory
    Committee on Export Policy (``ACEP'') is established and shall
    have as its members the Assistant Secretary of Commerce for
    Export Administration, who shall be Chair of the ACEP, and
    Assistant Secretary-level representatives of the Departments of
    State, Defense, and Energy.\3\ Appropriate representatives of
    the Joint Chiefs of Staff and of the Nonproliferation Center of
    the Central Intelligence Agency shall be nonvoting members of
    the ACEP. Representatives of the departments or agencies shall
    be the appropriate Assistant Secretary or equivalent (or
    appropriate acting Assistant Secretary or equivalent in lieu of
    the Assistant Secretary or equivalent) of the concerned
    department or agency, or appropriate Deputy Assistant Secretary
    or equivalent (or the appropriate acting Deputy Assistant
    Secretary or equivalent in lieu of the Deputy Assistant
    Secretary or equivalent) of the concerned department or agency.
    Regardless of the department or agency representative's rank,
    such representative shall speak and vote at the ACEP on behalf
    of the appropriate Assistant Secretary or equivalent of such
    department or agency. The ACEP may invite Assistant Secretary-
    level representatives of other United States Government
    departments or agencies, other than the departments and
    agencies represented by the ACEP members, to participate in the
    activities of the ACEP when matters of interest to such
    departments or agencies are under consideration.
    ---------------------------------------------------------------------------
        \3\ Sec. 4 of Executive Order 13117 (March 31, 1999; 64 F.R. 16591)
    struck out ``, and the Arms Control and Disarmament Agency''.
    ---------------------------------------------------------------------------
        (3)(A) Operating Committee. An Operating Committee (``OC'')
    of the ACEP is established. The Secretary shall appoint its
    Chair, who shall also serve as Executive Secretary of the ACEP.
    Its other members shall be representatives of appropriate
    agencies in the Departments of Commerce, State, Defense, and
    Energy, and the Arms Control and Disarmament
    Agency. The appropriate representatives of the Joint Chiefs of
    Staff and the Nonproliferation Center of the Central
    Intelligence Agency shall be nonvoting members of the OC. The
    OC may invite representatives of other United States Government
    departments or agencies, other than the departments and
    agencies represented by the OC members, to participate in the
    activities of the OC when matters of interest to such
    departments or agencies are under consideration.
        (B) \4\ The OC shall review all license applications on
    which the reviewing departments and agencies are not in
    agreement. The Chair of the OC shall consider the
    recommendations of the reviewing departments and agencies and
    inform them of his or her decision on any such matters within
    14 days after the deadline for receiving department and agency
    recommendations. However, for license applications concerning
    commercial communication satellites and hot-section
    technologies for the development, production, and overhaul of
    commercial aircraft engines that are transferred from the
    regulations issued by the Departments of Commerce and State
    after the date of this order, the Chair of the OC shall inform
    reviewing departments and agencies of the majority vote
    decision of the OC. As described below, any reviewing
    department or agency may appeal the decision of the Chair of
    the OC, or the majority vote decision of the OC in cases
    concerning the commercial communication satellites and hot-
    section technologies described above, to the Chair of the ACEP.
    In the absence of a timely appeal, the Chair's decision (or the
    majority vote decision in the case of license applications
    concerning the commercial communication satellites and hot-
    section technologies described above) will be final.
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a) of Executive Order 13020 (October 12, 1996; 61 F.R.
    54079) amended and restated subpara. (B). Subpara. (B) formerly read as
    follows:
        ``(B) The OC shall review all license applications on which the
    reviewing departments and agencies are not in agreement. The Chair of
    the OC shall consider the recommendations of the reviewing departments
    and agencies and inform them of his or her decision on any such matters
    within 14 days after the deadline for receiving department and agency
    recommendations. As described below, any reviewing department or agency
    may appeal the decision of the Chair of the OC to the Chair of the
    ACEP. In the absence of a timely appeal, the Chair's decision will be
    final.''.
    ---------------------------------------------------------------------------
        (b) Resolution Procedures. (1) \5\ If any department or
    agency disagrees with a licensing determination of the
    Department of Commerce made through the Chair of the OC (or a
    majority vote decision of the OC in the case of license
    applications concerning the commercial communication satellites
    and the hot-section technologies described in section
    5(a)(3)(B)), it may appeal the matter to the ACEP for
    resolution. A department or agency must appeal a matter within
    5 days of such a decision. Appeals must be in writing from an
    official appointed by the President, by and with the advice and
    consent of the Senate, or an officer properly acting in such
    capacity, and must cite both the statutory and the regulatory
    bases for the appeal. The ACEP shall review all departments'
    and agencies' information and recommendations, and the Chair of
    the ACEP shall inform the reviewing departments and agencies of
    the majority vote decision of the ACEP within 11 days from the
    date of receiving notice of the appeal. Within 5 days of the
    majority vote decision, any dissenting department or agency may
    appeal the decision by submitting a letter from the head of the
    department or agency to the Secretary in his or her capacity as
    the Chair of the Board. Such letter shall cite both the
    statutory and the regulatory bases for the appeal. Within the
    same 5-day period, the Secretary may call a meeting on his or
    her own initiative to consider a license application. In the
    absence of a timely appeal, the majority vote decision of the
    ACEP shall be final.
    ---------------------------------------------------------------------------
        \5\ Sec. 1(b) of Executive Order 13020 (October 12, 1996; 61 F.R.
    54079) amended and restated para. (1). Para. (1) formerly read as
    follows: ``(1) If any department or agency disagrees with a licensing
    determination of the Department of Commerce made through the OC, it may
    appeal the matter to the ACEP for resolution. A department or agency
    must appeal a matter within 5 days of such a decision. Appeals must be
    in writing from an official appointed by the President by and with the
    advice and consent of the Senate, or an officer properly acting in such
    capacity, and must cite both the statutory and the regulatory bases for
    the appeal. The ACEP shall review all departments' and agencies'
    information and recommendations, and the Chair of the ACEP shall inform
    the reviewing departments and agencies of the majority vote decision of
    the ACEP within 11 days from the date of receiving notice of the
    appeal. Within 5 days of the majority vote decision, any dissenting
    department or agency may appeal the decision by submitting a letter
    from the head of the department or agency to the Secretary in his or
    her capacity as the Chair of the Board. Such letter shall cite both the
    statutory and the regulatory bases for the appeal. Within the same
    period of time, the Secretary may call a meeting on his or her own
    initiative to consider a license application. In the absence of a
    timely appeal, the majority vote decision of the ACEP shall be
    final.''.
    ---------------------------------------------------------------------------
        (2) The Board shall review all departments' and agencies'
    information and recommendations, and such other export control
    matters as may be appropriate. The Secretary shall inform the
    reviewing departments and agencies of the majority vote of the
    Board within 11 days from the date of receiving notice of
    appeal. Within 5 days of the decision, any department or agency
    dissenting from the majority vote decision of the Board may
    appeal the decision by submitting a letter from the head of the
    dissenting department or agency to the President. In the
    absence of a timely appeal, the majority vote decision of the
    Board shall be final.
        Sec. 6.\6\ Encryption Products. In conducting the license
    review described in section 1 above, with respect to export
    controls of encryption products that are or would be, on
    November 15, 1996, designated as defense articles in Category
    XIII of the United States Munitions List and regulated by the
    United States Department of State pursuant to the Arms Export
    Control Act, 22 U.S.C. 2778 et seq., but that subsequently are
    placed on the Commerce Control List in the Export
    Administration Regulations, the Departments of State, Defense,
    Energy, and Justice shall have the opportunity to review any
    export license application submitted to the Department of
    Commerce.\7\ The Department of Justice shall, with respect to
    such encryption products, be a voting member of the Export
    Administration Review Board described in section 5(a)(1) of
    this order and of the Advisory Committee on Export Policy
    described in section 5(a)(2) of this order. The Department of
    Justice shall be a full member of the Operating Committee of
    the ACEP described in section 5(a)(3) of this order, and of any
    other committees and consultation groups reviewing export
    controls with respect to such encryption products.
    ---------------------------------------------------------------------------
        \6\ Sec. 1(b) of Executive Order 13026 (November 15, 1996; 61 F.R.
    58767) redesignated secs. 6 and 7 as secs. 7 and 8, and added a new
    sec. 6.
        \7\ Sec. 5 of Executive Order 13117 (March 31, 1999; 64 F.R. 16591)
    struck out ``, and the Arms Control and Disarmament Agency''.
    ---------------------------------------------------------------------------
        Sec. 7.\6\ The license review process in this order shall
    take effect beginning with those license applications
    registered by the Secretary 60 days after the date of this
    order and shall continue in effect to the extent not
    inconsistent with any renewal of the Export Administration Act,
    or with any successor to that Act.
        Sec. 8.\6\ Judicial Review. This order is intended only to
    improve the internal management of the executive branch and is
    not intended to, and does not, create any rights to
    administrative or judicial review, or any other right or
    benefit or trust responsibility, substantive or procedural,
    enforceable by a party against the United States, its agencies
    or instrumentalities, its officers or employees, or any other
    person.
           k. Administration of the Export Administration Act of 1979

    Executive Order 12214, May 2, 1980, 45 F.R. 29783, 50 U.S.C. app. 2403
                                      note

        By the authority vested in me as President of the United
    States of America by Section 4(e) of the Export Administration
    Act of 1979 (Public Law 96-72; 50 U.S.C. App. 2403(e)), is it
    hereby ordered as follows;
        1-101. Except as provided in Section 1-102, the functions
    conferred upon the President by the provisions of the Export
    Administration Act of 1979, hereinafter referred to as the Act
    (Public Law 96-72; 50 U.S.C. App. 2401 et seq.), are delegated
    to the Secretary of Commerce.
        1-102. (a) The functions conferred upon the President by
    Sections 4(e), 5(c), 5(f)(1), 5(h)(6), 6(k), 7(d)(2), 10(g) and
    20 of the Act are reserved to the President.
        (b) The functions conferred upon the President by Sections
    5(f)(4), 5(i), and 6(g) of the Act are delegated to the
    Secretary of State.
        1-103. All delegations, rules, regulations, orders,
    licenses, and other forms of administrative action made, issued
    or otherwise taken under, or continued in existence by, Section
    21 of the Act or Executive Order No. 12002, and not revoked
    administratively or legislatively, shall remain in full force
    and effect until amended, modified, or terminated by proper
    authority. This Order does not supersede or otherwise affect
    Executive Order No. 12002.
        1-104. Except to the extent inconsistent with this Order,
    all actions previously taken pursuant to any function delegated
    or assigned by this Order shall be deemed to have been taken
    and authorized by this Order.
                       l. The President's Export Council

      Executive Order 12131,\1\ May 4, 1979, 44 F.R. 26841; as amended by
     Executive Order 12551, February 21, 1986, 51 F.R. 6509; and Executive
                    Order 12991, March 6, 1995, 61 F.R. 9587

        By the authority vested in me as President by the
    Constitution and statutes of the United States of America, and
    in order to expand the membership of the President's Export
    Council, in accord with the provisions of the Federal Advisory
    Committee Act (5 U.S.C. App. I), it is hereby ordered as
    follows:
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. app. 2401 note.
    ---------------------------------------------------------------------------

    1-1. Establishment and Membership.

        1-101. There is established the President's Export Council.
        1-102. The membership of the Council shall be as follows:
        (a) The heads of the following Executive agencies or their
    representatives:
              (1) Department of State.
              (2) Department of the Treasury.
              (3) Department of Agriculture.
              (4) Department of Commerce.
              (5) Department of Labor.
              (6) Office of the Special Representative for Trade
            Negotiations.
              (7) Export-Import Bank of the United States.
              (8) \2\ Small Business Administration.
    ---------------------------------------------------------------------------
        \2\ Executive Order 12991 (61 F.R. 9587) added para. (8).
    ---------------------------------------------------------------------------
        (b) \3\ Five members of the United States Senate,
    designated by the President of the Senate, and five members of
    the United States House of Representatives designated by the
    Speaker of the House to serve for a two-year term.
    ---------------------------------------------------------------------------
        \3\ Executive Order 12551 (51 F.R. 6509) increased membership from
    each House of Congress from three to five and specified that members
    serve for a 2-year term.
    ---------------------------------------------------------------------------
        (c) Not to exceed 28 citizens appointed by the President.
    These individuals shall be selected from those who are not
    full-time Federal officers or employees. They shall include
    representatives of business and industry, agriculture, and
    labor.
        1-103. The President shall designate a Chairman and a Vice
    Chairman from among the members appointed by the President.
        1-104. The Secretary of Commerce, with the concurrence of
    the Chairman, shall appoint an Executive Director.

    1-2. Functions.

        1-201. The Council shall serve as a national advisory body
    on matters relating to United States export trade, including
    advice on the implementation of the President's National Export
    Policy, which was announced on September 26, 1978. It shall,
    through the Secretary of Commerce, report to the President on
    its activities and on its recommendations for expanding United
    States exports.
        1-202. The Council should survey and evaluate the export
    expansion activities of the communities represented by the
    membership. It should identify and examine specific problems
    which business, industrial, and agricultural practices may
    cause for export trade, and examine the needs of business,
    industry, and agriculture to expand their efforts. The Council
    should recommend specific solutions to these problems and
    needs.
        1-203. The Council may act as liaison among the communities
    represented by the membership; and, may provide a forum for
    those communities on current and emerging problems and issues
    in the field of export expansion. The Council should encourage
    the business, industrial, and agricultural communities to enter
    new foreign markets and to expand existing export programs.
        1-204. The Council shall provide advice on Federal plans
    and actions that affect export expansion policies which have an
    impact on those communities represented by the membership.
        1-205. The Council may establish, with the concurrence of
    the Secretary of Commerce, an executive committee and such
    other subordinate committees it considers necessary for the
    performance of its functions. The Chairman of a subordinate
    committee shall be designated, with the concurrence of the
    Secretary of Commerce, by the Chairman of the Council from
    among the membership of the Council. Members of subordinate
    committees shall be appointed by the Secretary of Commerce.

    1-3. Administrative Provisions.

        1-301. The Secretary of Commerce shall, to the extent
    permitted by law, provide the Council, including its executive
    and subordinate committees, with administrative and staff
    services, support and facilities as may be necessary for the
    effective performance of its functions.
        1-302. Each member of the Council, including its executive
    and subordinate committees, who is not otherwise paid a salary
    by the Federal Government, shall receive no compensation from
    the United States by virtue of their service on the Council,
    but all members may receive the transportation and travel
    expenses, including per diem in lieu of subsistence, authorized
    by law (5 U.S.C. 5702 and 5703).

    1-4. General Provisions.

        1-401. Notwithstanding the provisions of any other
    Executive order, the functions of the President under the
    Federal Advisory Committee Act (5 U.S.C. App. I), except that
    of reporting annually to the Congress, which are applicable to
    the Council, shall be performed by the Secretary of Commerce in
    accordance with guidelines and procedures established by the
    Administrator of General Services.
        1-402. Executive Order No. 11753 is revoked; however,
    nothing in this Order shall be deemed to require new charters
    for the Council, including its executive and subordinate
    committees, which were current immediately prior to the
    issuance of this Order.
        1-403. The Council shall terminate on December 31, 1980,
    unless sooner extended.\4\
    ---------------------------------------------------------------------------
        \4\ The Council was continued until December 31, 1982 by sec. 1(l)
    of Executive Order 12258, December 31, 1980, 46 F.R. 1251; until
    September 30, 1984, by sec. 1(k) of Executive Order 12398, December 31,
    1982, 48 F.R. 377; until September 30, 1985 by sec. 1(k) of Executive
    Order 12489, September 28, 1984, 49 F.R. 38927; until September 30,
    1987 by sec. 1(l) of Executive Order 12534, September 30, 1985, 50 F.R.
    40319; until September 30, 1989, by sec. 1(j) of Executive Order 12610,
    September 10, 1987, 52 F.R. 36901; until September 30, 1991, by sec.
    1(j) of Executive Order 12692, September 29, 1989, 54 F.R. 40627; until
    September 30, 1993, by sec. (1)(i) of Executive Order 12774, September
    27, 1991, 56 F.R. 49835; until September 30, 1995 by sec. 1(i) of
    Executive Order 12869, September 30, 1993, 58 F.R. 51751; until
    September 30, 1997 by sec. 1(m) of Executive Order 12974, September 29,
    1995, 60 F.R. 51875; until September 30, 1999, by sec. 1(m) of
    Executive Order 13062, September 29, 1997, 62 F.R. 51755; until
    September 30, 2001 by Executive Order 13138, September 30, 1999, 64
    F.R. 53879; until September 30, 2003 by sec. 1(l) of Executive Order
    13225, September 28, 2001, 66 F.R. 50291; until September 30, 2005 by
    sec. 1(l) of Executive Order 13316, September 17, 2003, 68 F.R. 55255;
    and until September 30, 2007 by sec. 1(n) of Executive Order 13385,
    September 29, 2005, 70 F.R. 57989.
    m. Administration of the Export Administration Act of 1969, as amended
                                      \1\

       Executive Order 12002, July 7, 1977, 42 F.R. 35623; as amended by
      Executive Order 12755, March 12, 1991, 56 F.R. 11057; and Executive
                 Order 13286, February 28, 2003, 68 F.R. 10619

        By virtue of the authority vested in me by the Constitution
    and statutes of the United States of America, including Export
    Administration Act of 1969, as amended (50 U.S.C. App. 2401, et
    seq.), and as President of the United States of America, it is
    hereby ordered as follows:
    ---------------------------------------------------------------------------
        \1\ When the Export Administration Act of 1969 expired on September
    30, 1979, it was replaced by the Export Administration Act of 1979.
    Sec. 21 of the 1979 Act provided that all orders (which would include
    this Executive Order) issued under the 1969 Act and which were in force
    on the effective date of the 1979 Act, would continue in effect until
    modified, superseded, set aside, or revoked. Executive Order 12214 was
    issued on May 2, 1980, providing for the administration of the Export
    Administration Act of 1979. However, the new Executive Order stated
    that it did not supersede or otherwise affect Executive Order 12002.
        Authority of the Export Administration Act of 1979 expired on
    September 30, 1990, pursuant to sec. 20 of that Act. Executive Order
    12730 of September 30, 1990, provided for the continuation of export
    control regulations until passage of an extension of the 1979 Act.
    Public Law 103-10 (107 Stat. 40; March 27, 1993) renewed the authority
    of the Act through June 30, 1994, effective March 27, 1993, and
    authorized funds for fiscal years 1993 and 1994. Executive Order 12730
    subsequently was rescinded by sec. 1 of Executive Order 12867 of
    September 30, 1993 (58 F.R. 51747).
        On the day the Act was once again set to expire, June 30, 1994, the
    President issued Executive Order 12923 (59 F.R. 34551) to continue the
    provisions of the Act and provisions for its administration.
    Subsequently, Public Law 103-277 (108 Stat. 1407; enacted July 5, 1994)
    renewed the authority of the Export Administration Act through August
    20, 1994. Near that expiration, the President issued Executive Order
    12924 (August 19, 1994; 59 F.R. 43437) to continue the authorities in
    the Act.
        Executive Order 12924 was continued beyond August 19, 1995, by a
    Notice of August 15, 1995 (60 F.R. 42767); by Notice of August 14, 1996
    (61 F.R. 42527); by Notice of August 13, 1997 (62 F.R. 43629); by
    Notice of August 13, 1998 (63 F.R. 44119); by Notice of August 10, 1999
    (64 F.R. 44101); and by Notice of August 3, 2000 (65 F.R. 48347).
        The Export Administration Act of 1979 was extended to August 20,
    2001 by Public Law 106-508. The President, in issuing Executive Order
    13206 of April 4, 2001 (66 F.R. 18397) revoked Executive Order 12924.
    The Act subsequently expired.
        In light of the expiration of the Act on August 20, 2001, in
    Executive Order 13222 of August 17, 2001 (66 F.R. 44025), the President
    continued the authority of the Act, effective midnight August 21, 2001.
    The authority of the Act was further continued by Notice of August 14,
    2002 (67 F.R. 53719); by Notice of August 7, 2003 (68 F.R. 47831); by
    Notice of August 6, 2004 (69 F.R. 48763); and by Notice of August 2,
    2005 (70 F.R. 45273).
    ---------------------------------------------------------------------------
        Section 1. Except as provided in Section 2, the power,
    authority, and discretion conferred upon the President by the
    provisions of the Export Administration Act of 1969, as amended
    (50 U.S.C. App. 2401, et seq.) hereinafter referred to as the
    Act, are delegated to the Secretary of Commerce, with the power
    of successive redelegation.
        Sec. 2. (a) The power, authority and discretion conferred
    upon the President in Sections 4(h) and 4(l) of the Act are
    retained by the President.
        (b) The power, authority and discretion conferred upon the
    President in Section 3(8) of the Act, which directs that every
    reasonable effort be made to secure the removal of reduction of
    assistance by foreign countries to international terrorists
    through cooperation and agreement, are delegated to the
    Secretary of State, with the power of successive redelegation.
        Sec. 3.\2\ The Export Administration Review Board,
    hereinafter referred to as the Board, which was established by
    Executive Order No. 11533 of June 4, 1970, as amended, is
    hereby continued. The Board shall continue to have as its
    members, the Secretary of Commerce, who shall be Chairman of
    the Board, the Secretary of State, and the Secretary of
    Defense. The Secretary of Energy, the Secretary of Homeland
    Security,\3\ and the Director of the United States Arms Control
    and Disarmament Agency shall be members of the Board, and shall
    participate in meetings that consider issues involving
    nonproliferation of armaments and other issues within their
    respective statutory and policy-making authorities. The
    Chairman of the Joint Chiefs of Staff and the Director of
    Central Intelligence shall be non-voting members of the Board.
    No alternate Board members shall be designated, but the acting
    head or deputy head of any department or agency may serve in
    lieu of the head of the concerned department or agency. The
    Board may invite the heads of other United States Government
    departments or agencies, other than the agencies represented by
    Board members, to participate in the activities of the Board
    when matters of interest to such departments or agencies are
    under consideration.''.
    ---------------------------------------------------------------------------
        \2\ Sec. 1 of Executive Order 12755 of March 12, 1991 (56 F.R.
    11057) amended and restated sec. 3.
        \3\ Sec. 54 of Executive Order 13286 inserted ``, the Secretary of
    Homeland Security,''.
    ---------------------------------------------------------------------------
        Sec. 4. The Secretary of Commerce may from time to time
    refer to the Board such particular export license matters,
    involving questions of national security or other major policy
    issues, as the Secretary shall select. The Secretary of
    Commerce shall also refer to the Board any other such export
    license matter, upon the request of any other member of the
    Board or of the head of any other United States Government
    department or agency having any interest in such matter. The
    Board shall consider the matters so referred to it, giving due
    consideration to the foreign policy of the United States, the
    national security, concerns about the nonproliferation of
    armaments,\4\ and the domestic economy, and shall make
    recommendation thereon to the Secretary of Commerce.
    ---------------------------------------------------------------------------
        \4\ Sec. 2 of Executive Order 12755 of March 12, 1991 (56 F.R.
    11057) inserted ``concerns about the nonproliferation of armaments,''.
    ---------------------------------------------------------------------------
        Sec. 5. The President may at any time (a) prescribe rules
    and regulations applicable to the power, authority, and
    discretion referred to in this Order, and (b) communicate to
    the Secretary of Commerce such specific directives applicable
    thereto as the President shall determine. The Secretary of
    Commerce shall from time to time report to the President upon
    the administration of the Act and, as the Secretary deems
    necessary, may refer to the President recommendations made by
    the Board under Section 4 of this Order. Neither the provisions
    of this section nor those of Section 4 shall be construed as
    limiting the provisions of Section 1 of this Order.
        Sec. 6. All delegations, rules, regulations, orders,
    licenses, and other forms of administrative action made,
    issued, or otherwise taken under, or continued in existence by,
    the Executive orders revoked in Section 7 of this Order, and
    not revoked administratively or legislatively, shall remain in
    full force and effect under this Order until amended, or
    terminated by proper authority. The revocations in Section 7 of
    this Order shall not affect any violation of any rules,
    regulations, orders, licenses or other forms of administrative
    action under those Orders during the period those Orders were
    in effect.
        Sec. 7. Executive Order No. 11533 of June 4, 1970,
    Executive Order No. 11683 of August 29, 1972, Executive Order
    No. 11798 of August 14, 1974, Executive Order No. 11818 of
    November 5, 1974, Executive Order No. 11907 of March 1, 1976,
    and Executive Order No. 11940 of September 30, 1976, are hereby
    revoked.
                    5. International Economic Sanctions \1\

                   a. Trading With the Enemy Act, as amended

     Partial text of Public Law 65-91 [H.R. 4960], 40 Stat. 411, approved
    October 6, 1917; as amended by Public Law 65-217 [H.R. 12923], 40 Stat.
    966, approved September 24, 1918; Public Law 73-1 [H.R. 1491], 48 Stat.
    1, approved March 9, 1933; Public Resolution 76-69 [S.J. Res. 252], 54
      Stat. 179, approved May 7, 1940; Public Law 77-354 [H.R. 6233], 55
    Stat. 839, approved December 18, 1941; Presidential Proclamation 2695,
    effective July 4, 1946, 60 Stat. 1352; Public Law 95-223 [International
      Emergency Economic Powers Act; H.R. 7738], 91 Stat. 1625, approved
     December 28, 1977; Public Law 99-93 [Foreign Relations Authorization
      Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 449, approved
    August 16, 1985; Public Law 100-418 [Omnibus Trade and Competitiveness
      Act of 1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988;
     Public Law 102-393 [Treasury, Postal Service, and General Government
    Appropriations Act, 1993; H.R. 5488], 106 Stat. 1729, approved October
      6, 1992; Public Law 102-484 [National Defense Authorization Act for
      Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
     1992; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal
      Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30,
     1994; and Public Law 104-114 [Cuban Liberty and Democratic Solidarity
     (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March 12,
                                      1996

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That \2\
    this Act shall be known as the ``Trading with the enemy \3\
    Act''.
    ---------------------------------------------------------------------------
        \1\ In previous years this section has included legislation and
    Executive Orders relating to proliferation sanctions. The
    proliferation/nonproliferation legislation is consolidated in
    Legislation on Foreign Relations Through 2005, vol. II-B.
        \2\ 50 U.S.C. app. 1.
        \3\ So in original.
    ---------------------------------------------------------------------------
        Sec. 2.\4\ That the word ``enemy,'' as used herein, shall
    be deemed to mean, for the purposes of such trading and of this
    Act--
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. app. 2.
    ---------------------------------------------------------------------------
        (a) Any individual, partnership, or other body of
    individuals, of any nationality, resident within the territory
    (including that occupied by the military and naval forces) of
    any nation with which the United States is at war, or resident
    outside the United States and doing business within such
    territory, and any corporation incorporated within such
    territory of any nation with which the United States is at war
    or incorporated within any country other than the United States
    and doing business within such territory.
        (b) The government of any nation with which the United
    States is at war, or any political or municipal subdivision
    thereof, or any officer, official agent, or agency thereof.
        (c) Such other individuals, or body or class of
    individuals, as may be natives, citizens, or subjects of any
    nation with which the United States is at war, other than
    citizens of the United States, wherever resident or wherever
    doing business, as the President, if he shall find the safety
    of the United States or the successful prosecution of the war
    shall so require, may, by proclamation, include within the term
    ``enemy.''
        The words ``ally of enemy,'' as used herein, shall be
    deemed to mean--
        (a) Any individual, partnership, or other body of
    individuals, of any nationality, resident within the territory
    (including that occupied by the military and naval forces) of
    any nation which is an ally of a nation with which the United
    States is at war, or resident outside the United States and
    doing business within such territory, and any corporation
    incorporated within such territory of any ally nation, or
    incorporated within any country other than the United States
    and doing business within such territory.
        (b) The government of any nation which is an ally of a
    nation with which the United States is at war, or any political
    or municipal subdivision of such ally nation, or any officer,
    official agent, or agency thereof.
        (c) Such other individuals, or body or class of
    individuals, as may be natives, citizens, or subjects of any
    nation which is an ally of a nation with which the United
    States is at war, other than citizens of the United States,
    wherever resident or wherever doing business, as the President,
    if he shall find the safety of the United States or the
    successful prosecution of the war shall so require, may, by
    proclamation, include within the term ``ally of enemy.''
        The word ``person,'' as used herein, shall be deemed to
    mean an individual, partnership, association, company, or other
    unincorporated body of individuals, or corporation or body
    politic.
        The words ``United States,'' as used herein, shall be
    deemed to mean all land and water, continental or insular, in
    any way within the jurisdiction of the United States or
    occupied by the military or naval forces thereof.
        The words ``the beginning of the war,'' as used herein,
    shall be deemed to mean midnight ending the day on which the
    Congress has declared or shall declare war or the existence of
    a state of war.
        The words ``end of the war,'' as used herein shall be
    deemed to mean the date of proclamation of exchange of
    ratifications of the treaty of peace, unless the President
    shall, by proclamation, declare a prior date, in which case the
    date so proclaimed shall be deemed to be the ``end of the war''
    within the meaning of this Act.
        The words ``bank or banks,'' as used herein, shall be
    deemed to mean and include national banks, State banks, trust
    companies, or other banks or banking associations doing
    business under the laws of the United States, or of any State
    of the United States.
        The words ``to trade,'' as used herein, shall be deemed to
    mean--
        (a) Pay, satisfy, compromise, or give security for the
    payment or satisfaction of any debt or obligation.
        (b) Draw, accept, pay, present for acceptance or payment,
    or endorse any negotiable instrument or chose in action.
        (c) Enter into, carry on, complete, or perform any
    contract, agreement, or obligation.
        (d) buy or sell, loan or extend credit, trade in, deal
    with, exchange, transmit, transfer, assign, or otherwise
    dispose of, or receive any form of property.
        (e) To have any form of business or commercial
    communication or intercourse with.
        Sec. 3.\5\ That it shall be unlawful--
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. app. 3.
    ---------------------------------------------------------------------------
        (a) For any person in the United States, except with the
    license of the President, granted to such person, or to the
    enemy, or ally of enemy, as provided in this Act [sections 1 to
    6, 7 to 39, and 41 to 44 of this Appendix] to trade, or attempt
    to trade, either directly or indirectly, with, to, or from, or
    for, or on account of, or on behalf of, or for the benefit of,
    any other person, with knowledge or reasonable cause to believe
    that such other person is an enemy or ally of enemy, or is
    conducting or taking part in such trade, directly or
    indirectly, for, or on account of, or on behalf of, or for the
    benefit of, an enemy or ally of enemy.
        (b) For any person, except with the license of the
    President, to transport or attempt to transport into or from
    the United States, or for any owner, master, or other person in
    charge of a vessel of American registry to transport or attempt
    to transport from any place to any other place, any subject or
    citizen of an enemy or ally of enemy nation, with knowledge or
    reasonable cause to believe that the person transported or
    attempted to be transported is such subject or citizen.
        (c) For any person (other than a person in the service of
    the United States Government or of the Government of any
    nation, except that of an enemy or ally of enemy nation, and
    other than such persons or classes of persons as may be
    exempted hereunder by the President or by such person as he may
    direct), to send, or take out of, or bring into, or attempt to
    send, or take out of, or bring into the United States, any
    letter or other writing or tangible form of communication,
    except in the regular course of the mail; and it shall be
    unlawful for any person to send, take, or transmit, or attempt
    to send, take, or transmit out of the United States, any letter
    or other writing, book, map, plan, or other paper, picture, or
    any telegram, cablegram, or wireless message, or other form of
    communication intended for or to be delivered, directly or
    indirectly, to an enemy or ally of enemy: Provided, however,
    That any person may send, take, or transmit out of the United
    States anything herein forbidden if he shall first submit the
    same to the President, or to such officer as the President may
    direct, and shall obtain the license or consent of the
    President, under such rules and regulations, and with such
    exemptions, as shall be prescribed by the President.
        (d) Whenever, during the present war, the President shall
    deem that the public safety demands it, he may cause to be
    censored under such rules and regulations as he may from time
    to time establish, communications by mail, cable, radio, or
    other means of transmission passing between the United States
    and any foreign country he may from time to time specify, or
    which may be carried by any vessel or other means of
    transportation touching at any port, place, or territory of the
    United States and bound to or from any foreign country. Any
    person who willfully evades or attempts to evade the submission
    of any such communication to such censorship or willfully uses
    or attempts to use any code or other device for the purpose of
    concealing from such censorship the intended meaning of such
    communication shall be punished as provided in section sixteen
    of this Act.
              * * * * * * *
        Sec. 5. (a) * * *
        (b) \6\ (1) During the time of war,\7\ the President may
    through any agency that he may designate, and under such rules
    and regulations as he may prescribe, by means of instructions,
    licenses, or otherwise--
    ---------------------------------------------------------------------------
        \6\ 50 U.S.C. app. 5(b). Subsec. (b) is also classified to 12
    U.S.C. 95a (Banks and Banking). Sec. 301 of Public Law 77-354 (55 Stat.
    839) amended and restated subsec. (b).
        \7\ Sec. 101(a) of Public Law 95-223 (91 Stat. 1625) struck out
    ``or during any other period of national emergency declared by the
    President'' which previously appeared at this point. Secs. 101 (b) and
    (c) of the same Act further stipulated:
        ``(b) Notwithstanding the amendment made by subsection (a), the
    authorities conferred upon the President by section 5(b) of the Trading
    With the Enemy Act, which were being exercised with respect to a
    country on July 1, 1977, as a result of a national emergency declared
    by the President before such date, may continue to be exercised with
    respect to such country, except that, unless extended the exercise of
    such authorities shall terminate (subject to the savings provisions of
    the second sentence of section 101(a) of the National Emergencies Act)
    at the end of the two-year period beginning on the date of enactment of
    the National Emergencies Act. The President may extend the exercise of
    such authorities for one-year periods upon a determination of each such
    extension that the exercise of such authorities with respect to such
    country for another year is in the national interest of the United
    States.
        ``(c) The termination and extension provisions of subsection (b) of
    this section supersede the provisions of section 101(a) and of title II
    of the National Emergencies Act to the extent that the provisions of
    subsection (b) of this section are inconsistent with those
    provisions.''.
        Each year since 1977, the President has utilized authority granted
    his office pursuant to the National Emergencies Act to extend certain
    authorities being exercised prior to July 1, 1977, under sec. 5(b) of
    the Trading with the Enemy Act. The most recent action, Presidential
    Determination No. 2005-35 of September 12, 2005 extends until September
    14, 2006, the exercise of those authorities with respect to countries
    affected by the Foreign Assets Control Regulations (31 CFR Part 500),
    the Transaction Control Regulations (31 CFR Part 505), and the Cuban
    Assets Control Regulations (31 CFR Part 515).
        Previous extensions have been issued as a memorandum of September
    8, 1978 (43 F.R. 40449); memorandum of September 12, 1979 (44 F.R.
    553153); memorandum of September 8, 1980 (45 F.R. 59549); memorandum of
    September 10, 1981 (46 F.R. 45321); memorandum of September 8, 1982 (47
    F.R. 39797); memorandum of September 7, 1983 (48 F.R. 40695);
    memorandum of September 11, 1984 (49 F.R. 35927); memorandum of
    September 5, 1985 (5 F.R. 36563); memorandum of August 20, 1986 (51
    F.R. 30201); memorandum of August 27, 1987 (52 F.R. 33397);
    Presidential Determination No. 88-22 of September 8, 1988 (53 F.R.
    35289); Presidential Determination No. 89-25 of August 28, 1989 (54
    F.R. 37089); Presidential Determination No. 90-38 of September 5, 1990
    (55 F.R. 37309); Presidential Determination No. 91-52 of September 13,
    1991 (56 F.R. 48415); Presidential Determination No. 92-45 of August
    28, 1992 (57 F.R. 43125); Presidential Determination No. 93-38 of
    September 13, 1993 (58 F.R. 51209); Presidential Determination No. 94-
    46 of September 8, 1994 (59 F.R. 47229); Presidential Determination No.
    95-41 of September 8, 1995 (60 F.R. 47659); Presidential Determination
    No. 96-43 of August 27, 1996 (61 F.R. 46529); Presidential
    Determination 97-32 of September 12, 1997 (62 F.R. 48729); Presidential
    Determination No. 98-35 of September 11, 1998 (63 F.R. 50455;
    Presidential Determination No. 99-36 of September 10, 1999 (64 F.R.
    51885); Presidential Determination No. 2000-29 of September 12, 2000
    (65 F.R. 55881); Presidential Determination No. 2001-26 of September
    12, 2001 (66 F.R. 47941); Presidential Determination No. 02-31 of
    September 13, 2002 (67 F.R. 58679); Presidential Determination No.
    2003-36 of September 12, 2003 (68 F.R. 54325); Presidential
    Determination No. 2004-45 of September 10, 2004 (69 F.R. 55497); and as
    President Determination No. 2005-35 of September 12, 2005 (70 F.R.
    54605).
    ---------------------------------------------------------------------------
              (A) investigate, regulate, or prohibit, any
            transactions in foreign exchange, transfers of credit
            or payments between, by, through, or to any banking
            institution, and the importing, exporting, hoarding,
            melting, or earmarking of gold or silver coin or
            bullion, currency or securities, and
              (B) investigate, regulate, direct and compel,
            nullify, void, prevent or prohibit, any acquisition,
            holding, withholding, use, transfer withdrawal,
            transportation, importation or exportation of, or
            dealing in or exercising any right, power, or privilege
            with respect to, or transactions involving, any
            property in which any foreign country or a national
            thereof has any interest,
    by any person, or with respect to any property, subject to the
    jurisdiction of the United States; and any property or interest
    of any foreign country or national thereof shall vest, when,
    as, and upon the terms, directed by the President in such
    agency or person as may be designated from time to time by the
    President, and upon such terms and conditions as the President
    may prescribe such interest or property shall be held, used,
    administered, liquidated, sold, otherwise dealt with in the
    interest of and for the benefit of the United States and such
    designated agency or person may perform any and all acts
    incident to the accomplishment or furtherance of these
    purposes; and the President shall, in the manner hereinabove
    provided, require any person to keep a full record of, and to
    furnish under oath, in the form of reports or otherwise,
    complete information relative to any act or transaction
    referred to in this subdivision either before, during, or after
    the completion thereof, or relative to any interest in foreign
    property, or relative to any property in which any foreign
    country or any national thereof has or has had any interest, or
    as may be otherwise necessary to enforce the provisions of this
    subdivision, and in any case in which a report could be
    required, the President may, in the manner hereinabove
    provided, require the production, or if necessary to the
    national security or defense, the seizure, of any books of
    account, records, contracts, letters, memoranda, or other
    papers, in the custody or control of such person.\8\
    ---------------------------------------------------------------------------
        \8\ Sec. 102(2) of Public Law 95-223 (91 Stat. 1625) struck out ``;
    and the President may, in the manner hereinabove provided, take other
    or further measures not inconsistent herewith for the enforcement of
    this subdivision'' which previously appeared at this point.
    ---------------------------------------------------------------------------
        (2) Any payment, conveyance, transfer, assignment, or
    delivery of property or interest therein, made to or for the
    account of the United States, or as otherwise directed,
    pursuant to this subdivision or any rule, regulation,
    instruction, or direction issued hereunder shall to the extent
    thereof be a full acquittance and discharge for all purposes of
    the obligation of the person making the same; and no person
    shall be held liable in any court for or in respect to anything
    done or omitted in good faith in connection with the
    administration of, or in pursuance of and in reliance on, this
    subdivision, or any rule, regulation, instruction, or direction
    issued hereunder.
        (3) As used in this subdivision the term ``United States''
    means the United States and any place subject to the
    jurisdiction thereof: \9\ Provided, however, That the foregoing
    shall not be construed as a limitation upon the power of the
    President, which is hereby conferred, to prescribe from time to
    time, definitions, not inconsistent with the purposes of this
    subdivision, for any or all of the terms used in this
    subdivision.\10\ As used in this subdivision the term
    ``person'' means an individual, partnership, association, or
    corporation.
    ---------------------------------------------------------------------------
        \9\ Pursuant to the authority of the 1946 Proclamation No. 2695,
    which is set out as a note under sec. 1394 of Title 22, Foreign
    Relations and Intercourse, and in which the President proclaimed the
    independence of the Philippines, the words ``including the Philippine
    Islands, and the several courts of first instance of the Commonwealth
    of the Philippine Islands shall have jurisdiction in all cases, civil
    or criminal, arising under this subdivision in the Philippine Islands
    and concurrent jurisdiction with the district courts of the United
    States of all cases, civil or criminal, arising upon the high seas''
    which previously appeared at this point, have been omitted.
        \10\ Sec. 103(b) of Public Law 95-223 (91 Stat. 1626) struck out
    the following sentence which previously appeared at this point:
        ``Whoever willfully violates any of the provisions of this
    subdivision or of any license, order, rule or regulation issued
    thereunder, shall, upon conviction, be fined not more than $10,000, or,
    if a natural person, may be imprisoned for not more than ten years, or
    both; and any officer, director, or agent of any corporation who
    knowingly participates in such violation may be punished by a like
    fine, imprisonment, or both.''.
    ---------------------------------------------------------------------------
      (4) \11\ The authority granted to the President by this
    section does not include the authority to regulate or prohibit,
    directly or indirectly, the importation from any country, or
    the exportation to any country, whether commercial or
    otherwise, regardless of format or medium of transmission, of
    any information or informational materials, including but not
    limited to, publications, films, posters, phonograph records,
    photographs, microfilms, microfiche, tapes, compact disks, CD
    ROMs, artworks, and news wire feeds. The exports exempted from
    regulation or prohibition by this paragraph do not include
    those which are otherwise controlled for export under section 5
    of the Export Administration Act of 1979, or under section 6 of
    that Act to the extent that such controls promote the
    nonproliferation or antiterrorism policies of the United
    States, or with respect to which acts are prohibited by chapter
    37 of title 18, United States Code.
    ---------------------------------------------------------------------------
        \11\ Sec. 525(b)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 474), amended
    and restated para. (4). Sec. 525(b)(2) of that Act further provided:
        ``(2) The authorities conferred upon the President by section 5(b)
    of the Trading With the Enemy Act, which were being exercised with
    respect to a country on July 1, 1977, as a result of a national
    emergency declared by the President before such date, and are being
    exercised on the date of the enactment of this Act, do not include the
    authority to regulate or prohibit, directly or indirectly, any activity
    which, under section 5(b)(4) of the Trading With the Enemy Act, as
    amended by paragraph (1) of this subsection, may not be regulated or
    prohibited.''.
        Sec. 525(a) of that Act further stated the following:
        ``(a) Sense of Congress.--It is the sense of the Congress that the
    President should not restrict travel or exchanges for informational,
    educational, religious, cultural, or humanitarian purposes or for
    public performances or exhibitions, between the United States and any
    other country.''.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 16.\12\ (a) Whoever shall willfully violate any of the
    provisions of this Act or of any license, rule, or regulation
    issued thereunder, and whoever shall willfully violate,
    neglect, or refuse to comply with any order of the President
    issued in compliance with the provisions of this Act shall,
    upon conviction, be fined not more than $1,000,000, or, if a
    natural person, be fined not more than $100,000, or imprisoned
    for not more than ten years, or both; and the officer,
    director, or agent of any corporation who knowingly
    participates \13\ in such violation shall, upon conviction, be
    fined not more than $100,000 or imprisoned for not more than
    ten years or both.
    ---------------------------------------------------------------------------
        \12\ 50 U.S.C. app. 16. Sec. 628 of Public Law 102-393 (106 Stat.
    1772) amended and restated sec. 16, as amended by sec. 103(a) of Public
    Law 95-223). Sec. 16 previously read as follows:
        ``Sec. 16. That whoever shall willfully violate any of the
    provisions of this Act or of any license, rule, or regulation issued
    thereunder, and whoever shall willfully violate, neglect, or refuse to
    comply with any order of the President issued in compliance with the
    provisions of this Act shall, upon conviction, be fined not more than
    $50,000, or, if a natural person, imprisoned for not more than ten
    years, or both; and the officer, director, or agent of any corporation
    who knowingly participates in such violation shall be punished by a
    like fine, imprisonment, or both, and any property, funds, securities,
    papers, or other articles or documents, or any vessel, together with
    her tackle, apparel, furniture, and equipment, concerned in such
    violation shall be forfeited to the United States.''.
        Sec. 1710(c)(1) of Public Law 102-484 (106 Stat. 2580) struck out
    ``That whoever'' and inserted in lieu thereof ``(a) Whoever'', an
    amendment that was not executable given the earlier amendment in Public
    Law 102-393.
        Sec. 102(d)(3)(A) of Public Law 104-114 (110 Stat. 793) inserted
    the section designation ``Sec. 16.'' before ``(a)''.
        \13\ Sec. 102(d)(3)(B) of Public Law 104-114 (110 Stat. 793) struck
    out ``participants'' and inserted in lieu thereof ``participates''.
    ---------------------------------------------------------------------------
        (b) \14\ (1) A civil penalty of not to exceed $50,000 may
    be imposed by the Secretary of the Treasury on any person who
    violates any license, order, rule, or regulation issued in
    compliance with the provisions of this Act.
    ---------------------------------------------------------------------------
        \14\ Sec. 102(d) of Public Law 104-114 (110 Stat. 793) amended and
    restated subsec. (b). Previously, sec. 628 of Public Law 102-393 had
    struck out a second subsec. (b) that had been added by sec. 1710(c)(2)
    of Public Law 102-484 (106 Stat. 2580). The language added by sec. 628
    formerly read as follows:
        ``(b)(1) A civil penalty of not to exceed $50,000 may be imposed by
    the Secretary of the Treasury on any person who violates any license,
    order, rule, or regulation issued in compliance with the provisions of
    this Act.
        ``(2) The penalties provided under this subsection may not be
    imposed for--
    ---------------------------------------------------------------------------

      ``(A) news gathering, research, or the export or import of, or
    transmission of, information or informational materials; or

      ``(B) clearly defined educational or religious activities, or activities
    of recognized human rights organizations, that are reasonably limited in
    frequency, duration, and number of participants.''.
    ---------------------------------------------------------------------------

        Subsec. (b) as added by sec. 1710(c)(2) of Public Law 102-484
    formerly read as follows:
        ``(b)(1) The Secretary of the Treasury may impose a civil penalty
    of not more than $50,000 on any person who violates any license, order,
    rule, or regulation issued under this Act.
        ``(2) Any property, funds, securities, papers, or other articles or
    documents or any vessel, together with its tackle, apparel, furniture,
    and equipment, that is the subject of a violation under paragraph (1)
    shall, at the discretion of the Secretary of the Treasury, be forfeited
    to the United States Government.
        ``(3) The penalties provided under this subsection may not be
    imposed for--
    ---------------------------------------------------------------------------

      ``(A) news gathering, research, or the export or import of, or
    transmission of, information or informational materials; or

      ``(B) clearly defined educational or religious activities, or activities
    of recognized human rights organizations, that are reasonably limited in
    frequency, duration, and number of participants.
    ---------------------------------------------------------------------------

        ``(4) The penalties provided under this subsection may be imposed
    only on the record after opportunity for an agency hearing in
    accordance with sections 554 through 557 of title 5, United States
    Code, with the right to prehearing discovery.
        ``(5) Judicial review of any penalties imposed under this
    subsection may be had to the extent provided in section 702 of title 5,
    United States Code.''.
        Sec. 1710 of Public Law 102-484 (106 Stat. 2581) further provided:
        ``(d) Applicability of Penalties.--The penalties set forth in
    section 16 of the Trading With the Enemy Act shall apply to violations
    of this title [Cuban Democracy Act] to the same extent as such
    penalties apply to violations under that Act.
        ``(e) Office of Foreign Assets Control.--The Department of the
    Treasury shall establish and maintain a branch of the Office of Foreign
    Assets Control in Miami, Florida, in order to strengthen the
    enforcement of this title [Cuban Democracy Act].''.
    ---------------------------------------------------------------------------
        (2) Any property, funds, securities, papers, or other
    articles or documents, or any vessel, together with its tackle,
    apparel, furniture, and equipment, that is the subject of a
    violation under paragraph (1) shall, at the direction of the
    Secretary of the Treasury, be forfeited to the United States
    Government.
        (3) The penalties provided under this subsection may be
    imposed only on the record after opportunity for an agency
    hearing in accordance with sections 554 through 557 of title 5,
    United States Code, with the right to prehearing discovery.
        (4) Judicial review of any penalty imposed under this
    subsection may be had to the extent provided in section 702 of
    title 5, United States Code.
        (c) Upon conviction, any property, funds, securities,
    papers, or other articles or documents, or any vessel, together
    with tackle, apparel, furniture, and equipment, concerned in
    any violation of subsection (a) may be forfeited to the United
    States.
              * * * * * * *
           b. International Emergency Economic Powers Act, as amended

    Partial text of Public Law 95-223 [H.R. 7738], 91 Stat. 1625, approved
    December 28, 1977; as amended by Public Law 100-418 [Omnibus Trade and
       Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
      August 23, 1988; Public Law 102-393 [Treasury, Postal Service, and
      General Government Appropriations Act, 1993; H.R. 5488], 106 Stat.
       1729, approved October 6, 1992; Public Law 102-396 [Department of
    Defense Appropriations Act, 1993; H.R. 5504], 106 Stat. 1876, approved
     October 6, 1992; Public Law 103-236 [Foreign Relations Authorization
     Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved
    April 30, 1994; Public Law 104-201 [National Defense Authorization Act
     for Fiscal Year 1997; H.R. 3230], 110 Stat. 2725, approved September
     23, 1996; and Public Law 107-56 [Uniting and Strengthening America by
        Providing Appropriate Tools Required to Intercept and Obstruct
      Terrorism (USA PATRIOT ACT) Act of 2001; H.R. 3162], 115 Stat. 272,
                           approved October 26, 2001

     AN ACT With respect to the powers of the President in time of war or
                              national emergency.

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

              Note.--Except for the provisions reproduced below,
            this Act consisted of amendments to the Trading With
            the Enemy Act (Public Law 65-91; 40 Stat. 411) and the
            Export Administration Act of 1969 (Public Law 96-72; 93
            Stat. 503).

             TITLE I--AMENDMENTS TO THE TRADING WITH THE ENEMY ACT

     removal of national emergency powers under the trading with the enemy
                                      act

        Sec. 101. (a) * * *
        (b) \1\ Notwithstanding the amendment made by subsection
    (a), the authorities conferred upon the President by section
    5(b) of the Trading With the Enemy Act, which were being
    exercised with respect to a country on July 1, 1977, as a
    result of a national emergency declared by the President before
    such date, may continue to be exercised with respect to such
    country, except that, unless extended, the exercise of such
    authorities shall terminate (subject to the savings provisions
    of the second sentence of section 101(a) of the National
    Emergencies Act) at the end of the two-year period beginning on
    the date of enactment of the National Emergencies Act. The
    President may extend the exercise of such authorities for one-
    year periods upon a determination of each such extension that
    the exercise of such authorities with respect to such country
    for another year is in the national interest of the United
    States.\2\
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. app. 5 note.
        \2\ Each year since 1977, the President has utilized authority
    granted his office pursuant to the National Emergencies Act to extend
    certain authorities being exercised prior to July 1, 1977, under sec.
    5(b) of the Trading With the Enemy Act. The most recent action,
    Presidential Determination No. 2005-35 of September 12, 2005 (70 F.R.
    54605), extends until September 14, 2006, the exercise of those
    authorities with respect to countries affected by the Foreign Assets
    Control Regulations (31 CFR Part 500), the Transaction Control
    Regulations (31 CFR Part 505), and the Cuban Assets Control Regulations
    (31 CFR Part 515).
        Previous extensions have been issued as a memorandum of September
    8, 1978 (43 F.R. 40449); memorandum of September 12, 1979 (44 F.R.
    553153); memorandum of September 8, 1980 (45 F.R. 59549); memorandum of
    September 10, 1981 (46 F.R. 45321); memorandum of September 8, 1982 (47
    F.R. 39797); memorandum of September 7, 1983 (48 F.R. 40695);
    memorandum of September 11, 1984 (49 F.R. 35927); memorandum of
    September 5, 1985 (5 F.R. 36563); memorandum of August 20, 1986 (51
    F.R. 30201); memorandum of August 27, 1987 (52 F.R. 33397);
    Presidential Determination No. 88-22 of September 8, 1988 (53 F.R.
    35289); Presidential Determination No. 89-25 of August 28, 1989 (54
    F.R. 37089); Presidential Determination No. 90-38 of September 5, 1990
    (55 F.R. 37309); Presidential Determination No. 91-52 of September 13,
    1991 (56 F.R. 48415); Presidential Determination No. 92-45 of August
    28, 1992 (57 F.R. 43125); Presidential Determination No. 93-38 of
    September 13, 1993 (58 F.R. 51209); Presidential Determination No. 94-
    46 of September 8, 1994 (59 F.R. 47229); Presidential Determination No.
    95-41 of September 8, 1995 (60 F.R. 47659); Presidential Determination
    No. 96-43 of August 27, 1996 (61 F.R. 46529); Presidential
    Determination 97-32 of September 12, 1997 (62 F.R. 48729); Presidential
    Determination No. 98-35 of September 11, 1998 (63 F.R. 50455;
    Presidential Determination No. 99-36 of September 10, 1999 (64 F.R.
    51885); Presidential Determination No. 2000-29 of September 12, 2000
    (65 F.R. 55881); Presidential Determination No. 2001-26 of September
    12, 2001 (66 F.R. 47941); Presidential Determination No. 02-31 of
    September 13, 2002 (67 F.R. 58679); Presidential Determination No.
    2003-36 of September 12, 2003 (68 F.R. 54325); and as Presidential
    Determination No. 2004-45 of September 10, 2004 (69 F.R. 55497).
    ---------------------------------------------------------------------------
        (c) The termination and extension provisions of subsection
    (b) of this section supersede the provisions of section 101(a)
    and of title II of the National Emergencies Act to the extent
    that the provisions of subsection (b) of this section are
    inconsistent with those provisions.
        (d) Paragraph (1) of section 502(a) of the National
    Emergencies Act is repealed.

                              wartime authorities

        Sec. 102. * * *
        Sec. 103. * * *
              * * * * * * *

               TITLE II--INTERNATIONAL EMERGENCY ECONOMIC POWERS

                                  short title

        Sec. 201.\3\ This title may be cited as the ``International
    Emergency Economic Powers Act''.
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------

                situations in which authorities may be exercised

        Sec. 202.\4\ (a) Any authority granted to the President by
    section 203 may be exercised to deal with any unusual and
    extraordinary threat, which has its source in whole or
    substantial part outside the United States, to the national
    security, foreign policy, or economy of the United States, if
    the President declares a national emergency with respect to
    such threat.
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. 1701.
    ---------------------------------------------------------------------------
        (b) The authorities granted to the President by section 203
    may only be exercised to deal with an unusual and extraordinary
    threat with respect to which a national emergency has been
    declared for purposes of this title and may not be exercised
    for any other purpose. Any exercise of such authorities to deal
    with any new threat shall be based on a new declaration of
    national emergency which must be with respect to such threat.

                             grants of authorities

        Sec. 203.\5\ (a)(1) At the times and to the extent
    specified in section 202, the President may, under such
    regulations as he may prescribe, by means of instructions,
    licenses, or otherwise--
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. 1702.
    ---------------------------------------------------------------------------
              (A) investigate, regulate, or prohibit--
                      (i) any transactions in foreign exchange,
                      (ii) transfer of credit or payments between,
                    by, through, or to any banking institution, to
                    the extent that such transfers or payments
                    involve any interest of any foreign country or
                    a national thereof,
                      (iii) the importing or exporting of currency
                    or securities,\6\
            by any person, or with respect to any property, subject
            to the jurisdiction of the United States;
    ---------------------------------------------------------------------------
        \6\ Sec. 106(1)(A) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    277) struck out ``; and'', inserted in lieu thereof a comma, and added
    the text following this through the end of subpara. (A).
    ---------------------------------------------------------------------------
              (B) investigate, block during the pendency of an
            investigation,\7\ regulate, direct and compel, nullify,
            void, prevent or prohibit, any acquisition, holding,
            withholding, use, transfer, withdrawal, transportation,
            importation or exportation of, or dealing in, or
            exercising any right, power, or privilege with respect
            to, or transactions involving, any property in which
            any foreign country or a national thereof has any
            interest by any person, or with respect to any
            property, subject to the jurisdiction of the United
            States; and \8\
    ---------------------------------------------------------------------------
        \7\ Sec. 106(1)(B)(i) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    277) inserted ``, block during the pendency of an investigation''.
        \8\ Sec. 106(1)(B)(ii) and (iii) of the Uniting and Strengthening
    America by Providing Appropriate Tools Required to Intercept and
    Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56;
    115 Stat. 277) struck out ``interest;'', inserted in lieu thereof
    ``interest by any person, or with respect to any property, subject to
    the jurisdiction of the United States; and'', and struck out ``by any
    person, or with respect to any property, subject to the jurisdiction of
    the United States.'' which previously appeared at this point.
    ---------------------------------------------------------------------------
              C) \9\ when the United States is engaged in armed
            hostilities or has been attacked by a foreign country
            or foreign nationals, confiscate any property, subject
            to the jurisdiction of the United States, of any
            foreign person, foreign organization, or foreign
            country that he determines has planned, authorized,
            aided, or engaged in such hostilities or attacks
            against the United States; and all right, title, and
            interest in any property so confiscated shall vest,
            when, as, and upon the terms directed by the President,
            in such agency or person as the President may designate
            from time to time, and upon such terms and conditions
            as the President may prescribe, such interest or
            property shallbe held, used, administered, liquidated,
            sold, or otherwise dealt with in the interest of and
            for the benefit of the United States, and such
            designated agency or person may perform any and all
            acts incident to the accomplishment or furtherance of
            these purposes.
    ---------------------------------------------------------------------------
        \9\ Sec. 106(1)(D) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    277) added subpara. (C).
    ---------------------------------------------------------------------------
        (2) In exercising the authorities granted by paragraph (1),
    the President may require any person to keep a full record of,
    and to furnish under oath, in the form of reports or otherwise,
    complete information relative to any act or transaction
    referred to in paragraph (1) either before, during, or after
    the completion thereof, or relative to any interest in foreign
    property, or relative to any property in which any foreign
    country or any national thereof has or has had any interest, or
    as may be otherwise necessary to enforce the provisions of such
    paragraph. In any case in which a report by a person could be
    required under this paragraph, the President may require the
    production of any books of account, records, contracts,
    letters, memorandums, or other papers, in the custody or
    control of such person.
        (3) Compliance with any regulation, instruction, or
    direction issued under this title shall to the extent thereof
    be a full acquittance and discharge for all purposes of the
    obligations of the person making the same. No person shall be
    held liable in any court for or with respect to anything done
    or omitted in good faith in connection with the administration
    of, or pursuant to and in reliance on, this title, or any
    regulation, instruction, or direction issued under this title.
        (b) The authority granted to the President by this section
    does not include the authority to regulate or prohibit,
    directly or indirectly--
              (1) any postal, telegraphic, telephonic, or other
            personal communication, which does not involve a
            transfer of anything of value; \10\
    ---------------------------------------------------------------------------
        \10\ Sec. 2502(b)(1) of Public Law 100-418 (102 Stat. 1371) struck
    out ``or'' at the end of para. (1), and struck out ``.'' and inserted
    in lieu thereof ``; or'' at the end of para. (2). Sec. 2502(b)(2) of
    that Act also stated that:
        ``(2) The amendments made by paragraph (1) apply to actions taken
    by the President under section 203 of the International Emergency
    Economic Powers Act before the date of the enactment of this Act which
    are in effect on such date of enactment, and to actions taken under
    such section on or after such date of enactment.''.
    ---------------------------------------------------------------------------
              (2) donations, by persons subject to the jurisdiction
            of the United States, of articles, such as food,
            clothing, and medicine, intended to be used to relieve
            human suffering, except to the extent that the
            President determines that such donations (A) would
            seriously impair his ability to deal with any national
            emergency, declared under section 202 of this title,
            (B) or in response to coercion against the proposed
            recipient or donor, or (C) would endanger Armed Forces
            of the United States which are engaged in hostilities
            or are in a situation where imminent involvement in
            hostilities is clearly indicated by the circumstances;
            or \10\
              (3) \11\ the importation from any country, or the
            exportation to any country, whether commercial or
            otherwise, regardless of format or medium of
            transmission, of any information or informational
            materials, including but not limited to, publications,
            films, posters, phonograph records, photographs,
            microfilms, microfiche, tapes, compact disks, CD ROMs,
            artworks, and news wire feeds. The exports exempted
            from regulation or prohibition by this paragraph do not
            include those which are otherwise controlled for export
            under section 5 of the Export Administration Act of
            1979, or under section 6 of such Act to the extent that
            such controls promote the nonproliferation or
            antiterrorism policies of the United States, or with
            respect to which acts are prohibited by chapter 37 of
            title 18, United States Code; or
    ---------------------------------------------------------------------------
        \11\ Sec. 525(c)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 474), struck
    out para. (3) and inserted new paras. (3) and (4). Para. (3), which had
    been added by sec. 2502(b)(1) of Public Law 100-418 (102 Stat. 1371),
    previously read as follows:
        ``(3) the importation from any country, or the exportation to any
    country, whether commercial or otherwise, of publications, films,
    posters, phonograph records, photographs, microfilms, microfiche,
    tapes, or other informational materials, which are not otherwise
    controlled for export under section 5 of the Export Administration Act
    of 1979 or with respect to which no acts are prohibited by chapter 37
    of title 18, United States Code.''.
        Sec. 525(c)(2) and (3) of that Act further provided the following:
        ``(2) The amendments made by paragraph (1) to section 203(b)(3) of
    the International Emergency Economic Powers Act apply to actions taken
    by the President under section 203 of such Act before the date of
    enactment of this Act which are in effect on such date and to actions
    taken under such section on or after such date.
        ``(3) Section 203(b)(4) of the International Emergency Economic
    Powers Act (as added by paragraph (1)) shall not apply to restrictions
    on the transactions and activities described in section 203(b)(4) in
    force on the date of enactment of this Act, with respect to countries
    embargoed under the International Emergency Economic Powers Act on the
    date of enactment of this Act.''.
    ---------------------------------------------------------------------------
              (4) \11\ any transactions ordinarily incident to
            travel to or from any country, including importation of
            accompanied baggage for personal use, maintenance
            within any country including payment of living expenses
            and acquisition of goods or services for personal use,
            and arrangement or facilitation of such travel
            including nonscheduled air, sea, or land voyages.
        (c) \12\ Classified Information.--In any judicial review of
    a determination made under this section, if the determination
    was based on classified information (as defined in section 1(a)
    of the Classified Information Procedures Act) such information
    may be submitted to the reviewing court ex parte and in camera.
    This subsection does not confer or imply any right to judicial
    review.
    ---------------------------------------------------------------------------
        \12\ Sec. 106(2) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    277) added subsec. (c).
    ---------------------------------------------------------------------------

                            consultation and reports

        Sec. 204.\13\ (a) The President, in every possible
    instance, shall consult with the Congress before exercising any
    of the authorities granted by this title and shall consult
    regularly with the Congress so long as such authorities are
    exercised.
    ---------------------------------------------------------------------------
        \13\ 50 U.S.C. 1703.
    ---------------------------------------------------------------------------
        (b) Whenever the President exercises any of the authorities
    granted by this title, he shall immediately transmit to the
    Congress a report specifying--
              (1) the circumstances which necessitate such exercise
            of authority;
              (2) why the President believes those circumstances
            constitute an unusual and extraordinary threat, which
            has its source in whole or substantial part outside the
            United States, to the national security, foreign
            policy, or economy of the United States;
              (3) the authorities to be exercised and the actions
            to be taken in the exercise of those authorities to
            deal with those circumstances;
              (4) why the President believes such actions are
            necessary to deal with those circumstances; and
              (5) any foreign countries with respect to which such
            actions are to be taken and why such actions are to be
            taken with respect to those countries.
        (c) At least once during each succeeding six-month period
    after transmitting a report pursuant to subsection (b) with
    respect to an exercise of authorities under this title, the
    President shall report to the Congress with respect to the
    actions taken, since the last such report, in the exercise of
    such authorities, and with respect to any changes which have
    occurred concerning any information previously furnished
    pursuant to paragraphs (1) through (5) of subsection (b).
        (d) The requirements of this section are supplemental to
    those contained in title IV of the National Emergencies Act.

                         authority to issue regulations

        Sec. 205.\14\ The President may issue such regulations,
    including regulations prescribing definitions, as may be
    necessary for the exercise of the authorities granted by this
    title.
    ---------------------------------------------------------------------------
        \14\ 50 U.S.C. 1704.
    ---------------------------------------------------------------------------

                                   penalties

        Sec. 206.\15\ (a) A civil penalty of not to exceed $10,000
    \16\ may be imposed on any person who violates, or attempts to
    violate,\17\ any license, order or regulation issued under this
    title.
    ---------------------------------------------------------------------------
        \15\ 50 U.S.C. 1705.
        \16\ Sec. 629 of the Treasury, Postal Service, and General
    Government Appropriations Act, 1993 (Public Law 102-393; 106 Stat.
    1773) struck out ``$10,000'' and inserted in lieu thereof ``$50,000''.
    Sec. 9155 of the Department of Defense Appropriations Act, 1993 (Public
    Law 102-396; 106 Stat. 1943), however, struck out ``$50,000'' and
    inserted in lieu thereof ``$10,000''.
        \17\ Sec. 1422(1) of Public Law 104-201 (110 Stat. 2725) inserted
    ``or attempts to violate''.
    ---------------------------------------------------------------------------
        (b) Whoever willfully violates, or willfully attempts to
    violate,\18\ any license, order, or regulation issued under
    this title shall, upon conviction, be fined not more than
    $50,000, or, if a natural person, may be imprisoned for not
    more than ten years, or both; and any officer, director, or
    agent of any corporation who knowingly participates in such
    violation may be punished by a like fine, imprisonment, or
    both.
    ---------------------------------------------------------------------------
        \18\ Sec. 1422(2) of Public Law 104-201 (110 Stat. 2725) inserted
    ``or willfully attempts to violate''.
    ---------------------------------------------------------------------------

                               savings provision

        Sec. 207.\19\ (a)(1) Except as provided in subsection (b),
    notwithstanding the termination pursuant to the National
    Emergencies Act of a national emergency declared for purposes
    of this title, any authorities granted by this title, which are
    exercised on the date of such termination on the basis of such
    national emergency to prohibit transactions involving property
    in which a foreign country or national thereof has any
    interest, may continue to be so exercised to prohibit
    transactions involving that property if the President
    determines that the continuation of such prohibition with
    respect to that property is necessary on account of claims
    involving such country of its nationals.
    ---------------------------------------------------------------------------
        \19\ 50 U.S.C. 1706.
    ---------------------------------------------------------------------------
        (2) Notwithstanding the termination of the authorities
    described in section 101(b) of this Act, any such authorities,
    which are exercised with respect to a country on the date of
    such termination to prohibit transactions involving any
    property in which such country or any national thereof has any
    interest, may continue to be exercised to prohibit transactions
    involving that property if the President determines that the
    continuation of such prohibition with respect to that property
    is necessary on account of claims involving such country or its
    nationals.
        (b) The authorities described in subsection (a)(1) may not
    continue to be exercised under this section if the national
    emergency is terminated by the Congress by concurrent
    resolution pursuant to section 202 of the National Emergencies
    Act and if the Congress specifies in such concurrent resolution
    that such authorities may not continue to be exercised under
    this section.
        (c)(1) The provisions of this section are supplemental to
    the savings provisions of paragraphs (1), (2), and (3) of
    section 101(a) and of paragraphs (A), (B), and (C) of section
    202(a) of the National Emergencies Act.
        (2) The provisions of this section supersede the
    termination provisions of section 101(a) and of title II of the
    National Emergencies Act to the extent that the provisions of
    this section are inconsistent with these provisions.
        (d) If the President uses the authority of this section to
    continue prohibitions on transactions involving foreign
    property interests, he shall report to the Congress every six
    months on the use of such authority.
        Sec. 208.\20\ If any provision of this Act is held invalid,
    the remainder of the Act shall not be affected thereby.
    ---------------------------------------------------------------------------
        \20\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------

         TITLE III--AMENDMENTS TO THE EXPORT ADMINISTRATION ACT OF 1969

    authority to regulate extraterritorial exports

               *       *       *       *       *       *       *
    Bahamas, The \8\
                    c. National Emergencies Act, as amended

     Public Law 94-412 [H.R. 3884], 90 Stat. 1255, approved September 14,
    1976; as amended by Public Law 95-223 [International Emergency Economic
    Powers Act, H.R. 7738], 91 Stat. 1625, approved December 28, 1977; and
      Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years
       1986 and 1987; H.R. 2068], 99 Stat. 448, approved August 16, 1985

       AN ACT To terminate certain authorities with respect to national
    emergencies still in effect, and to provide for orderly implementation
                and termination of future national emergencies.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``National Emergencies Act''.

               TITLE I--TERMINATING EXISTING DECLARED EMERGENCIES

        Sec. 101.\1\ (a) All powers and authorities possessed by
    the President, any other officer or employee of the Federal
    Government, or any executive agency, as defined in section 105
    of title 5, United States Code, as a result of the existence of
    this Act are terminated two years from the date of such
    enactment. Such termination shall not affect--
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1601.
    ---------------------------------------------------------------------------
              (1) any action taken or proceeding pending not
            finally concluded or determined on such date;
              (2) any action or proceeding based on any act
            committed prior to such date; or
              (3) any rights or duties that matured or penalties
            that were incurred prior to such date.
        (b) For the purpose of this section, the words ``any
    national emergency in effect'' means a general declaration of
    emergency made by the President.

             TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

        Sec. 201.\2\ (a) With respect to Acts of Congress
    authorizing the exercise, during the period of a national
    emergency, of any special or extraordinary power, the President
    is authorized to declare such national emergency. Such
    proclamation shall immediately be transmitted to the Congress
    and published in the Federal Register.
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 1621.
    ---------------------------------------------------------------------------
        (b) Any provisions of law conferring powers and authorities
    to be exercised during a national emergency shall be effective
    and remain in effect (1) only when the President (in accordance
    with subsection (a) of this section), specifically declares a
    national emergency, and (2) only in accordance with this Act.
    No law enacted after the date of enactment of this Act shall
    supersede this title unless it does so in specific terms,
    referring to this title, and declaring that the new law
    supersedes the provisions of this title.
        Sec. 202. (a) Any national emergency declared by the
    President in accordance with this title shall terminate if--
              (1) there is enacted into law a joint \3\ resolution
            terminating the emergency; or
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 1622. Sec. 801 of the Foreign Relations Authorization
    Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 448) struck
    out ``concurrent'' and inserted in lieu thereof ``joint''.
    ---------------------------------------------------------------------------
              (2) the President issues a proclamation terminating
            the emergency.
    Any national emergency declared by the President shall be
    terminated on the date specified in any joint \3\ resolution
    referred to in clause (1) or on the date specified in a
    proclamation by the President terminating the emergency as
    provided in clause (2) of this subsection, whichever date is
    earlier, and any powers or authorities exercised by reason of
    said emergency shall cease to be exercised after such specified
    date, except that such termination shall not affect--
              (A) any action taken or proceeding pending not
            finally concluded or determined on such date;
              (B) any action or proceeding based on any act
            committed prior to such date; or
              (C) any rights or duties that matured or penalties
            that were incurred prior to such date.
        (b) Not later than six months after a national emergency is
    declared, and not later than the end of each six-month period
    thereafter that such emergency continues, each House of
    Congress shall meet to consider a vote on a joint \3\
    resolution to determine whether that emergency shall be
    terminated.
        (c)(1) A joint \3\ resolution to terminate a national
    emergency declared by the President shall be referred to the
    appropriate committee of the House of Representatives or the
    Senate, as the case may be. One such joint \3\ resolution shall
    be reported out by such committee together with its
    recommendations within fifteen calendar days after the day on
    which such resolution is referred to such committee, unless
    such House shall otherwise determine by the yeas and nays.
        (2) Any joint \3\ resolution so reported shall become the
    pending business of the House in question (in the case of the
    Senate the time for debate shall be equally divided between the
    proponents and the opponents) and shall be voted on within
    three calendar days after the day on which such resolution is
    reported, unless such House shall otherwise determine by yeas
    and nays.
        (3) Such a joint \3\ resolution passed by one House shall
    be referred to the appropriate committee of the other House and
    shall be reported out by such committee together with its
    recommendations within fifteen calendar days after the day on
    which such resolution is referred to such committee and shall
    thereupon become the pending business of such House and shall
    be voted upon within three calendar days after the day on which
    such resolution is reported, unless such House shall otherwise
    determine by yeas and nays.
        (4) In the case of any disagreement between the two Houses
    of Congress with respect to a joint \3\ resolution passed by
    both Houses, conferees shall be promptly appointed and the
    committee of conference shall make and file a report with
    respect to such joint \3\ resolution within six calendar days
    after the day on which managers on the part of the Senate and
    the House have been appointed. Notwithstanding any rule in
    either House concerning the printing of conference reports or
    concerning any delay in the consideration of such reports, such
    report shall be acted on by both Houses not later than six
    calendar days after the conference report is filed in the House
    in which such report is filed first. In the event the conferees
    are unable to agree within forty-eight hours, they shall report
    back to their respective houses in disagreement.
        (5) Paragraphs (1)-(4) of this subsection, subsection (b)
    of this section, and section 502(b) of this Act are enacted by
    Congress--
              (A) as an exercise of the rulemaking power of the
            Senate and the House of Representatives, respectively,
            and as such they are deemed a part of the rules of each
            House, respectively, but applicable only with respect
            to the procedure to be followed in the House in the
            case of resolutions described by this subsection; and
            they supersede other rules only to the extent that they
            are inconsistent therewith; with
              (B) with full recognition of the constitutional right
            of either House to change the rules (so far as relating
            to the procedure of that House) at any time, in the
            same manner, and to the same extent as in the case of
            any other rule of that House.
        (d) Any national emergency declared by the President in
    accordance with this title, and not otherwise previously
    terminated, shall terminate on the anniversary of the
    declaration of that emergency if, within the ninety-day period
    prior to each anniversary date, the President does not publish
    in the Federal Register and transmit to the Congress a notice
    stating that such emergency is to continue in effect after such
    anniversary.

            TITLE III--EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

        Sec. 301.\4\ When the President declares a national
    emergency, no powers or authorities made available by statute
    for use in the event of an emergency shall be exercised unless
    and until the President specifies the provisions of law under
    which he proposes that he, or other officers will act. Such
    specification may be made either in the declaration of a
    national emergency, or by one or more contemporaneous or
    subsequent Executive orders published in the Federal Register
    and transmitted to the Congress.
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. 1631.
    ---------------------------------------------------------------------------

      TITLE IV--ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT

        Sec. 401.\5\ (a) When the President declares a national
    emergency, or Congress declares war, the President shall be
    responsible for maintaining a file and index of all significant
    orders of the President, including Executive orders and
    proclamations, and each Executive agency shall maintain a file
    and index of all rules and regulations, issued during such
    emergency or war issued pursuant to such declarations.
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. 1641.
    ---------------------------------------------------------------------------
        (b) All such significant orders of the President, including
    Executive orders, and such rules and regulations shall be
    transmitted to the Congress promptly under means to assure
    confidentiality where appropriate.
        (c) When the President declares a national emergency or
    Congress declares war, the President shall transmit to
    Congress, within ninety days after the end of each six-month
    period after such declarations, a report on the total
    expenditures incurred by the United States Government during
    such six-month period which are directly attributable to the
    exercise of powers and authorities conferred by such
    declaration. Not later than ninety days after the termination
    of each such emergency or war, the President shall transmit a
    final report on all such expenditures.

     TITLE V--REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER
                                    STATUTES

        Sec. 501. (a) Section 349(a) of the Immigration and
    Nationality Act (8 U.S.C. 148(a)) is amended--
              (1) at the end of paragraph (9), by striking out ``;
            or'' and inserting in lieu thereof a period; and
              (2) by striking out paragraph (10).
        (b) Section 2667(b) of title 10 of the United States Code
    is amended--
              (1) by inserting ``and'' at the end of paragraph (3);
              (2) by striking out paragraph (4); and
              (3) by redesignating paragraph (5) and (4).
        (c) The joint resolution entitled ``Joint resolution to
    authorize the temporary continuation of regulation of consumer
    credit'', approved August 8, 1947 (12 U.S.C. 249), is repealed.
        (d) Section 5(m) of the Tennessee Valley Authority Act of
    1933 as amended (16 U.S.C. 831d(m)) is repealed.
        (e) Section 1383 of title 18, United States Code, is
    repealed.
        (f) Section 6 of the Act entitled ``An Act to amend the
    Public Health Service Act is regard to certain matters of
    personnel and administration, and for other purposes'',
    approved February 28, 1948, is amended by striking out
    subsections (b), (c), (d), (e), and (f) (42 U.S.C. 211b).
        (g) Section 9 of the Merchant Ship Sales Act of 1946 (50
    U.S.C. App. 1742) is repealed.
        (h) This section shall not affect--
              (1) any action taken or proceeding pending not
            finally concluded or determined at the time of repeal;
              (2) any action or proceeding based on any act
            committed prior to repeal; or
              (3) any rights or duties that matured or penalties
            that were incurred prior to repeal;
        Sec. 502.\6\ (a) The provisions of this Act shall not apply
    to the following provisions of law, the powers and authorities
    conferred thereby, and actions taken thereunder:
    ---------------------------------------------------------------------------
        \6\ 50 U.S.C. 1651.
    ---------------------------------------------------------------------------
              (1) * * * [Repealed--2002] \7\
    ---------------------------------------------------------------------------
        \7\ Sec. 101(d) of Public Law 95-223 (91 Stat. 1625) repealed para.
    (1) which had contained a reference to sec. 5(b) of the Trading With
    the Enemy Act.
    ---------------------------------------------------------------------------
              (2) * * * [Repealed--1977] \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 1062(o)(1) of Public Law 107-314 (116 Stat. 2652) repealed
    para. (2) which had contained a reference to the Act of April 28, 1942
    (40 U.S.C. 278b), and redesignated paras. (3) through (7) as paras. (1)
    through (5), respectively.
    ---------------------------------------------------------------------------
              (1) \8\ Act of June 30, 1949 (41 U.S.C. 252);
              (2) \8\ Section 3477 of the Revised Statutes, as
            amended (31 U.S.C. 203);
              (3) \8\ Section 3737 of the Revised Statutes, as
            amended (41 U.S.C. 15);
              (4) \8\ Public Law 85-804 (Act of Aug. 28, 1958, 72
            Stat. 972; 50 U.S.C. 1431 et seq.); \9\
    ---------------------------------------------------------------------------
        \9\ Sec. 901(r)(2) of Public Law 105-362 (112 Stat. 3291) struck
    out ``1431-1435'' and inserted in lieu thereof ``1431 et seq.''. The
    semicolon should probably be ``; and''.
    ---------------------------------------------------------------------------
              (5) \8\ Section 2304(a)(1) of title 10, United States
            Code; \10\
    ---------------------------------------------------------------------------
        \10\ The semicolon probably should be a period.
    ---------------------------------------------------------------------------
              (8) * * * [Repealed--1980] \11\
    ---------------------------------------------------------------------------
        \11\ Sec. 507(b) of Public Law 96-513 (94 Stat. 2919) repealed
    para. (8) which had contained a reference to 10 U.S.C. 3313, 6386(c),
    and 8313.
    ---------------------------------------------------------------------------
        (b) Each committee of the House of Representatives and the
    Senate having jurisdiction with respect to any provision of law
    referred to in subsection (a) of this section shall make a
    complete study and investigation concerning that provision of
    law and make a report, including any recommendations and
    proposed revisions such committee may have, to its respective
    House of Congress within two hundred and seventy days after the
    date of enactment of this Act.
    d. Denial of Foreign Tax Credit, etc., with Respect to Certain Foreign
                                   Countries

      Partial text of the Internal Revenue Code of 1986 (26 U.S.C. 901),
     Public Law 83-736 of August 16, 1954 [Internal Revenue Code of 1954,
         68A Stat. 1]; as amended by Public Law 99-509 [Omnibus Budget
       Reconciliation Act of 1986, H.R. 5300], 100 Stat. 1874, approved
       October 21, 1986; Public Law 99-514 [Tax Reform Act of 1986, H.R.
     3838], 100 Stat. 2085, approved October 22, 1986; Public Law 100-203
        [Budget Reconciliation Act of 1987, H.R. 3545], 101 Stat. 1330,
         approved December 22, 1987; Public Law 103-149 [South African
    Democratic Transition Support Act of 1993, H.R. 3225], 107 Stat. 1503,
         approved November 23, 1993; and Public Law 106-200 [Trade and
      Development Act of 2000, H.R. 434], 114 Stat. 251, approved May 18,
                                      2000

        AN ACT To reform the internal revenue laws of the United States.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS

        (a) Short Title.--This Act may be cited as the ``Tax Reform
    Act of 1986''.
        (b) Table of Contents.-- * * *
              * * * * * * *

    SEC. 901.\1\ TAXES OF FOREIGN COUNTRIES AND OF POSSESSIONS OF UNITED
                        STATES.

              * * * * * * *
        (j) Denial of Foreign Tax Credit, Etc., With Respect to
    Certain Foreign Countries
    ---------------------------------------------------------------------------
        \1\ 26 U.S.C. 901.
    ---------------------------------------------------------------------------
              (1) In general.--Notwithstanding any other provision
            of this part--
                      (A) no credit shall be allowed under
                    subsection (a) for any income, war profits, or
                    excess profits taxes paid or accrued (or deemed
                    paid under section 902 or 960) to any country
                    if such taxes are with respect to income
                    attributable to a period during which this
                    subsection applies to such country, and
                      (B) * * *
              (2) Countries to which this subsection applies.
                      (A) In general.--This subsection shall apply
                    to any foreign country--
                              (i) the government of which the
                            United States does not recognize,
                            unless such government is otherwise
                            eligible to purchase defense articles
                            or services under the Arms Export
                            Control Act.
                              (ii) with respect to which the United
                            States has severed diplomatic
                            relations,
                              (iii) with respect to which the
                            United States has not severed
                            diplomatic relations but does not
                            conduct such relations, or
                              (iv) which the Secretary of State
                            has, pursuant to section 6(j) of the
                            Export Administration Act of 1979, as
                            amended, designated as a foreign
                            country which repeatedly provides
                            support for acts of international
                            terrorism.
                      (B) Period for which subsection applies.--
                    This subsection shall apply to any foreign
                    country described in subparagraph (A) during
                    the period--
                              (i) beginning on the later of --
                                      (I) January 1, 1987, or
                                      (II) 6 months after such
                                    country becomes a country
                                    described in subparagraph (A),
                                    and
                              (ii) ending on the date the Secretary
                            of State certifies to the Secretary of
                            the Treasury that such country is no
                            longer described in subparagraph (A).
                      (C) \2\ * * * [Repealed, 1993]
    ---------------------------------------------------------------------------
        \2\ Sec. 4(b)(4)(a) of Public Law 103-149 (107 Stat. 1505) deleted
    subpara. (C), which had been added by sec. 10231(a) of Public Law 100-
    203. Subpara. (C) previously read as follows:
        ``(C) Special rule for south africa.--
    ---------------------------------------------------------------------------

      ``(i) In general.--In addition to any period during which this subsection
    would otherwise apply to South Africa, this subsection shall apply to South
    Africa during the period--

      ``(I) beginning on January 1, 1988, and

      ``(II) ending on the date the Secretary of State certifies to the
    Secretary of the Treasury that South Africa meets the requirements of
    section 311(a) of the Comprehensive Anti-Apartheid Act of 1986 (as in
    effect on the date of the enactment of this subparagraph).

      ``(ii) South africa defined.--For purposes of clause (i), the term `South
    Africa' has the meaning given to such term by paragraph (6) of section 3 of
    the Comprehensive Anti-Apartheid Act of 1986 (as so in effect).''.
    ---------------------------------------------------------------------------

        Sec. 4(b)(8)(B) of Public Law 103-149 (107 Stat. 1505) provided
    that the repeal of subsec. (C) should not be construed as affecting any
    of the transitional rules contained in Revenue Ruling 92-62 which
    applied by reason of the termination of the period for which subsec.
    (j) was applicable in South Africa.
    ---------------------------------------------------------------------------
              (3) Taxes allowed as a deduction, etc.--* * *
              (4) Regulations.--The Secretary shall prescribe such
            regulations as may be necessary or appropriate to carry
            out the purposes of this subsection, including
            regulations which treat income paid through 1 or more
            entities as derived from a foreign country to which
            this subsection applies if such income was, without
            regard to such entities, derived from such country.
              (5) \3\ Waiver of denial.
    ---------------------------------------------------------------------------
        \3\ Sec. 601 of Public Law 106-200 (114 Stat. 601) added para. (5).
    Sec. 601(b) of that Act provided that ``The amendment made by this
    section shall apply on or after February 1, 2001.''
    ---------------------------------------------------------------------------
                      (A) In general.--Paragraph (1) shall not
                    apply with respect to taxes paid or accrued to
                    a country if the President--
                              (i) determines that a waiver of the
                            application of such paragraph is in the
                            national interest of the United States
                            and will expand trade and investment
                            opportunities for United States
                            companies in such country; and
                              (ii) reports such waiver under
                            subparagraph (B).
                      (B) Report.--Not less than 30 days before the
                    date on which a waiver is granted under this
                    paragraph, the President shall report to the
                    Congress--
                              (i) the intention to grant such
                            waiver; and
                              (ii) the reason for the determination
                            under subparagraph (A)(i).
              * * * * * * *
          e. Trade Sanctions Reform and Export Enhancement Act of 2000

    Partial text of Public Law 106-387 [H.R. 4461], 114 Stat. 1549, enacted
     October 28, 2000; as amended by the Uniting and Strengthening America
       by Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 [Public Law 107-56; H.R. 3162],
                    115 Stat. 272, approved October 26, 2001

     AN ACT Making appropriations for Agriculture, Rural Development, Food
       and Drug Administration, and related agencies for the fiscal year
               ending September 30, 2001, and for other purposes.

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

    SECTION 1.

        (a) The provisions of H.R. 5426 of the 106th Congress, as
    introduced on October 6, 2000, are hereby enacted into law.
              * * * * * * *

                              Appendix--H.R. 5426

              * * * * * * *

          TITLE IX--TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT \1\
    ---------------------------------------------------------------------------

        \1\ Sec. 221(b) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    292) provided the following:
        ``(b) Application of the Trade Sanctions Reform and Export
    Enhancement Act.--Nothing in the Trade Sanctions Reform and Export
    Enhancement Act of 2000 shall limit the application or scope of any law
    establishing criminal or civil penalties, including any Executive order
    or regulation promulgated pursuant to such laws (or similar or
    successor laws), for the unlawful export of any agricultural commodity,
    medicine, or medical device to--
    ---------------------------------------------------------------------------

      ``(1) a foreign organization, group, or person designated pursuant to
    Executive Order No. 12947 of January 23, 1995, as amended;

      ``(2) a Foreign Terrorist Organization pursuant to the Antiterrorism and
    Effective Death Penalty Act of 1996 (Public Law 104-132);

      ``(3) a foreign organization, group, or person designated pursuant to
    Executive Order No. 13224 (September 23, 2001);

      ``(4) any narcotics trafficking entity designated pursuant to Executive
    Order No. 12978 (October 21, 1995) or the Foreign Narcotics Kingpin
    Designation Act (Public Law 106-120); or

      ``(5) any foreign organization, group, or persons subject to any
    restriction for its involvement in weapons of mass destruction or missile
    proliferation.''.
    ---------------------------------------------------------------------------

        Sec. 807 of the same Act (115 Stat. 378) further provided:
    ---------------------------------------------------------------------------

    ``sec. 807. technical clarification relating to provision of material
    support to terrorism.
    ---------------------------------------------------------------------------

        ``No provision of the Trade Sanctions Reform and Export Enhancement
    Act of 2000 (title IX of Public Law 106-387) shall be construed to
    limit or otherwise affect section 2339A or 2339B of title 18, United
    States Code.''.
    ---------------------------------------------------------------------------

    SEC. 901.\2\ SHORT TITLE.

      This title may be cited as the ``Trade Sanctions Reform and
    Export Enhancement Act of 2000''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 7201 note.
    ---------------------------------------------------------------------------

    SEC. 902.\3\ DEFINITIONS.

      In this title:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 7201.
    ---------------------------------------------------------------------------
              (1) Agricultural commodity.--The term ``agricultural
            commodity'' has the meaning given the term in section
            102 of the Agricultural Trade Act of 1978 (7 U.S.C.
            5602).
              (2) Agricultural program.--The term ``agricultural
            program'' means--
                      (A) any program administered under the
                    Agricultural Trade Development and Assistance
                    Act of 1954 (7 U.S.C. 1691 et seq.);
                      (B) any program administered under section
                    416 of the Agricultural Act of 1949 (7 U.S.C.
                    1431);
                      (C) any program administered under the
                    Agricultural Trade Act of 1978 (7 U.S.C. 5601
                    et seq.);
                      (D) the dairy export incentive program
                    administered under section 153 of the Food
                    Security Act of 1985 (15 U.S.C. 713a-14);
                      (E) any commercial export sale of
                    agricultural commodities; or
                      (F) any export financing (including credits
                    or credit guarantees) provided by the United
                    States Government for agricultural commodities.
              (3) Joint resolution.--The term ``joint resolution''
            means--
                      (A) in the case of section 903(a)(1), only a
                    joint resolution introduced within 10 session
                    days of Congress after the date on which the
                    report of the President under section 903(a)(1)
                    is received by Congress, the matter after the
                    resolving clause of which is as follows: ``That
                    Congress approves the report of the President
                    pursuant to section 903(a)(1) of the Trade
                    Sanctions Reform and Export Enhancement Act of
                    2000, transmitted on _______.'', with the blank
                    completed with the appropriate date; and
                      (B) in the case of section 906(1), only a
                    joint resolution introduced within 10 session
                    days of Congress after the date on which the
                    report of the President under section 906(2) is
                    received by Congress, the matter after the
                    resolving clause of which is as follows: ``That
                    Congress approves the report of the President
                    pursuant to section 906(1) of the Trade
                    Sanctions Reform and Export Enhancement Act of
                    2000, transmitted on _______.'', with the blank
                    completed with the appropriate date.
              (4) Medical device.--The term ``medical device'' has
            the meaning given the term ``device'' in section 201 of
            the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
            321).
              (5) Medicine.--The term ``medicine'' has the meaning
            given the term ``drug'' in section 201 of the Federal
            Food, Drug, and Cosmetic Act (21 U.S.C. 321).
              (6) Unilateral agricultural sanction.--The term
            ``unilateral agricultural sanction'' means any
            prohibition, restriction, or condition on carrying out
            an agricultural program with respect to a foreign
            country or foreign entity that is imposed by the United
            States for reasons of foreign policy or national
            security, except in a case in which the United States
            imposes the measure pursuant to--
                      (A) a multilateral regime and the other
                    member countries of that regime have agreed to
                    impose substantially equivalent measures; or
                      (B) a mandatory decision of the United
                    Nations Security Council.
              (7) Unilateral medical sanction.--The term
            ``unilateral medical sanction'' means any prohibition,
            restriction, or condition on exports of, or the
            provision of assistance consisting of, medicine or a
            medical device with respect to a foreign country or
            foreign entity that is imposed by the United States for
            reasons of foreign policy or national security, except
            in a case in which the United States imposes the
            measure pursuant to--
                      (A) a multilateral regime and the other
                    member countries of that regime have agreed to
                    impose substantially equivalent measures; or
                      (B) a mandatory decision of the United
                    Nations Security Council.

    SEC. 903.\4\ RESTRICTION.

      (a) New Sanctions.--Except as provided in sections 904 and
    905 and notwithstanding any other provision of law, the
    President may not impose a unilateral agricultural sanction or
    unilateral medical sanction against a foreign country or
    foreign entity, unless--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 7202.
    ---------------------------------------------------------------------------
              (1) not later than 60 days before the sanction is
            proposed to be imposed, the President submits a report
            to Congress that--
                      (A) describes the activity proposed to be
                    prohibited, restricted, or conditioned; and
                      (B) describes the actions by the foreign
                    country or foreign entity that justify the
                    sanction; and
              (2) there is enacted into law a joint resolution
            stating the approval of Congress for the report
            submitted under paragraph (1).
      (b) Existing Sanctions.--The President shall terminate any
    unilateral agricultural sanction or unilateral medical sanction
    that is in effect as of the date of enactment of this Act.

    SEC. 904.\5\ EXCEPTIONS.

      Section 903 shall not affect any authority or requirement to
    impose (or continue to impose) a sanction referred to in
    section 903--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 7203.
    ---------------------------------------------------------------------------
              (1) against a foreign country or foreign entity--
                      (A) pursuant to a declaration of war against
                    the country or entity;
                      (B) pursuant to specific statutory
                    authorization for the use of the Armed Forces
                    of the United States against the country or
                    entity;
                      (C) against which the Armed Forces of the
                    United States are involved in hostilities; or
                      (D) where imminent involvement by the Armed
                    Forces of the United States in hostilities
                    against the country or entity is clearly
                    indicated by the circumstances; or
              (2) to the extent that the sanction would prohibit,
            restrict, or condition the provision or use of any
            agricultural commodity, medicine, or medical device
            that is--
                      (A) controlled on the United States Munitions
                    List established under section 38 of the Arms
                    Export Control Act (22 U.S.C. 2778);
                      (B) controlled on any control list
                    established under the Export Administration Act
                    of 1979 or any successor statute (50 U.S.C.
                    App. 2401 et seq.); or
                      (C) \6\ used to facilitate the design,
                    development, or production of chemical or
                    biological weapons, missiles, or weapons of
                    mass destruction.
    ---------------------------------------------------------------------------
        \6\ Sec. 221(a)(1) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    292) amended and restated subpara. (C). It previously read as follows:
        ``(C) used to facilitate the development or production of a
    chemical or biological weapon or weapon of mass destruction.''.
    ---------------------------------------------------------------------------

    SEC. 905.\7\ TERMINATION OF SANCTIONS.

      Any unilateral agricultural sanction or unilateral medical
    sanction that is imposed pursuant to the procedures described
    in section 903(a) shall terminate not later than 2 years after
    the date on which the sanction became effective unless--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 7204.
    ---------------------------------------------------------------------------
              (1) not later than 60 days before the date of
            termination of the sanction, the President submits to
            Congress a report containing--
                      (A) the recommendation of the President for
                    the continuation of the sanction for an
                    additional period of not to exceed 2 years; and
                      (B) the request of the President for approval
                    by Congress of the recommendation; and
              (2) there is enacted into law a joint resolution
            stating the approval of Congress for the report
            submitted under paragraph (1).

    SEC. 906.\8\ STATE SPONSORS OF INTERNATIONAL TERRORISM.

      (a) Requirement.--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 7205.
    ---------------------------------------------------------------------------
              (1) In general.--Notwithstanding any other provision
            of this title (other than section 904), the export of
            agricultural commodities, medicine, or medical devices
            to Cuba, the Taliban or the territory of Afghanistan
            controlled by the Taliban,\9\ or to the government of a
            country that has been determined by the Secretary of
            State to have repeatedly provided support for acts of
            international terrorism under section 620A of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2371),
            section 6( j)(1) of the Export Administration Act of
            1979 (50 U.S.C. App. 2405( j)(1)), or section 40(d) of
            the Arms Export Control Act (22 U.S.C. 2780(d)), or to
            any other entity in such a country, shall only be made
            pursuant to 1-year licenses issued by the United States
            Government for contracts entered into during the 1-year
            period of the license and shipped within the 12-month
            period beginning on the date of the signing of the
            contract, except that the requirements of such 1-year
            licenses shall be no more restrictive than license
            exceptions administered by the Department of Commerce
            or general licenses administered by the Department of
            the Treasury, except that procedures shall be in place
            to deny licenses for exports to any entity within such
            country, or in the territory of Afghanistan controlled
            by the Taliban,\10\ promoting international terrorism.
    ---------------------------------------------------------------------------
        \9\ Sec. 221(a)(2)(A) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    292) inserted ``, the Taliban or the territory of Afghanistan
    controlled by the Taliban,''.
        \10\ Sec. 221(a)(2)(B) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    292) inserted ``, or in the territory of Afghanistan controlled by the
    Taliban,''.
    ---------------------------------------------------------------------------
              (2) Exception.--Paragraph (1) shall not apply with
            respect to the export of agricultural commodities,
            medicine, or medical devices to the Government of Syria
            or to the Government of North Korea, or to any other
            entity in Syria or North Korea.\11\
    ---------------------------------------------------------------------------
        \11\ Sec. 221(a)(3) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct
    Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat.
    292) inserted ``, or to any other entity in Syria or North Korea''.
    ---------------------------------------------------------------------------
      (b) Quarterly Reports.--The applicable department or agency
    of the Federal Government shall submit to the appropriate
    congressional committees on a quarterly basis a report on any
    activities undertaken under subsection (a)(1) during the
    preceding calendar quarter.
      (c) Biennial Reports.--Not later than 2 years after the date
    of enactment of this Act, and every 2 years thereafter, the
    applicable department or agency of the Federal Government shall
    submit a report to the appropriate congressional committees on
    the operation of the licensing system under this section for
    the preceding 2-year period, including--
              (1) the number and types of licenses applied for;
              (2) the number and types of licenses approved;
              (3) the average amount of time elapsed from the date
            of filing of a license application until the date of
            its approval;
              (4) the extent to which the licensing procedures were
            effectively implemented; and
              (5) a description of comments received from
            interested parties about the extent to which the
            licensing procedures were effective, after the
            applicable department or agency holds a public 30-day
            comment period.

    SEC. 907.\12\ CONGRESSIONAL PROCEDURES.

      (a) Referral of Report.--A report described in section
    903(a)(1) or 905(1) shall be referred to the appropriate
    committee or committees of the House of Representatives and to
    the appropriate committee or committees of the Senate.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 7206.
    ---------------------------------------------------------------------------
      (b) Referral of Joint Resolution.--
              (1) In general.--A joint resolution introduced in the
            Senate shall be referred to the Committee on Foreign
            Relations, and a joint resolution introduced in the
            House of Representatives shall be referred to the
            Committee on International Relations.
              (2) Reporting date.--A joint resolution referred to
            in paragraph (1) may not be reported before the eighth
            session day of Congress after the introduction of the
            joint resolution.

    SEC. 908.\13\ PROHIBITION ON UNITED STATES ASSISTANCE AND FINANCING.

      (a) Prohibition on United States Assistance.--
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 7207.
    ---------------------------------------------------------------------------
              (1) In general.--Notwithstanding any other provision
            of law, no United States Government assistance,
            including United States foreign assistance, United
            States export assistance, and any United States credit
            or guarantees shall be available for exports to Cuba or
            for commercial exports to Iran, Libya, North Korea, or
            Sudan.
              (2) Rule of construction.--Nothing in paragraph (1)
            shall be construed to alter, modify, or otherwise
            affect the provisions of section 109 of the Cuban
            Liberty and Democratic Solidarity (LIBERTAD) Act of
            1996 (22 U.S.C. 6039) or any other provision of law
            relating to Cuba in effect on the day before the date
            of the enactment of this Act.
              (3) Waiver.--The President may waive the application
            of paragraph (1) with respect to Iran, Libya, North
            Korea, and Sudan to the degree the President determines
            that it is in the national security interest of the
            United States to do so, or for humanitarian reasons.
      (b) Prohibition on Financing of Agricultural Sales to Cuba.--
              (1) In general.--No United States person may provide
            payment or financing terms for sales of agricultural
            commodities or products to Cuba or any person in Cuba,
            except in accordance with the following terms
            (notwithstanding part 515 of title 31, Code of Federal
            Regulations, or any other provision of law):
                      (A) Payment of cash in advance.
                      (B) Financing by third country financial
                    institutions (excluding United States persons
                    or Government of Cuba entities), except that
                    such financing may be confirmed or advised by a
                    United States financial institution.
            Nothing in this paragraph authorizes payment terms or
            trade financing involving a debit or credit to an
            account of a person located in Cuba or of the
            Government of Cuba maintained on the books of a United
            States depository institution.
              (2) Penalties.--Any private person or entity that
            violates paragraph (1) shall be subject to the
            penalties provided in the Trading With the Enemy Act
            for violations under that Act.
              (3) Administration and enforcement.--The President
            shall issue such regulations as are necessary to carry
            out this section, except that the President, in lieu of
            issuing new regulations, may apply any regulations in
            effect on the date of the enactment of this Act,
            pursuant to the Trading With the Enemy Act, with
            respect to the conduct prohibited in paragraph (1).
              (4) Definitions.--In this subsection--
                      (A) the term ``financing'' includes any loan
                    or extension of credit;
                      (B) the term ``United States depository
                    institution'' means any entity (including its
                    foreign branches or subsidiaries) organized
                    under the laws of any jurisdiction within the
                    United States, or any agency, office or branch
                    located in the United States of a foreign
                    entity, that is engaged primarily in the
                    business of banking (including a bank, savings
                    bank, savings association, credit union, trust
                    company, or United States bank holding
                    company); and
                      (C) the term ``United States person'' means
                    the Federal Government, any State or local
                    government, or any private person or entity of
                    the United States.

    SEC. 909.\14\ PROHIBITION ON ADDITIONAL IMPORTS FROM CUBA.

      Nothing in this title shall be construed to alter, modify, or
    otherwise affect the provisions of section 515.204 of title 31,
    Code of Federal Regulations, relating to the prohibition on the
    entry into the United States of merchandise that: (1) is of
    Cuban origin; (2) is or has been located in or transported from
    or through Cuba; or (3) is made or derived in whole or in part
    of any article which is the growth, produce, or manufacture of
    Cuba.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 7208.
    ---------------------------------------------------------------------------

    SEC. 910.\15\ REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED
                        TRANSACTIONS WITH CUBA.

      (a) Authorization of Travel Relating to Commercial Sale of
    Agricultural Commodities.--The Secretary of the Treasury shall
    promulgate regulations under which the travel-related
    transactions listed in subsection (c) of section 515.560 of
    title 31, Code of Federal Regulations, may be authorized on a
    case-by-case basis by a specific license for travel to, from,
    or within Cuba for the commercial export sale of agricultural
    commodities pursuant to the provisions of this title.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 7209.
    ---------------------------------------------------------------------------
      (b) Prohibition on Travel Relating to Tourist Activities.--
              (1) In general.--Notwithstanding any other provision
            of law or regulation, the Secretary of the Treasury, or
            any other Federal official, may not authorize the
            travel-related transactions listed in subsection (c) of
            section 515.560 of title 31, Code of Federal
            Regulations, either by a general license or on a case-
            by-case basis by a specific license for travel to,
            from, or within Cuba for tourist activities.
              (2) Definition.--In this subsection, the term
            ``tourist activities'' means any activity with respect
            to travel to, from, or within Cuba that is not
            expressly authorized in subsection (a) of this section,
            in any of paragraphs (1) through (12) of section
            515.560 of title 31, Code of Federal Regulations, or in
            any section referred to in any of such paragraphs (1)
            through (12) (as such sections were in effect on June
            1, 2000).

    SEC. 911. EFFECTIVE DATE.

      (a) In General.--Except as provided in subsection (b), this
    title shall take effect on the date of enactment of this Act,
    and shall apply thereafter in any fiscal year.
      (b) Existing Sanctions.--In the case of any unilateral
    agricultural sanction or unilateral medical sanction that is in
    effect as of the date of enactment of this Act, this title
    shall take effect 120 days after the date of enactment of this
    Act, and shall apply thereafter in any fiscal year.
                f. Economic Relations with Narcotics Traffickers

                 (1) Foreign Narcotics Kingpin Designation Act

    Partial text of Public Law 106-120 [Intelligence Authorization Act for
      Fiscal Year 2000, H.R. 13333], 113 Stat. 1606, approved December 3,
    1999; as amended by Public Law 107-108 [Intelligence Authorization Act
    for Fiscal Year 2002; H.R. 2883], 115 Stat. 1394, approved December 28,
                                      2001

          AN ACT To authorize appropriations for fiscal year 2000 for
     intelligence and intelligence-related activities of the United States
         Government, the Community Management Account, and the Central
      Intelligence Agency Retirement and Disability System, 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; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the
    ``Intelligence Authorization Act for Fiscal Year 2000''.
              * * * * * * *

                TITLE VIII--INTERNATIONAL NARCOTICS TRAFFICKING

    SEC. 801.\1\ SHORT TITLE.

        This title may be cited as the ``Foreign Narcotics Kingpin
    Designation Act''.
    ---------------------------------------------------------------------------
        \1\ 21 U.S.C. 1901 note.
    ---------------------------------------------------------------------------

    SEC. 802.\2\ FINDINGS AND POLICY.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 21 U.S.C. 1901.
    ---------------------------------------------------------------------------
              (1) Presidential Decision Directive 42, issued on
            October 21, 1995, ordered agencies of the executive
            branch of the United States Government to, inter alia,
            increase the priority and resources devoted to the
            direct and immediate threat international crime
            presents to national security, work more closely with
            other governments to develop a global response to this
            threat, and use aggressively and creatively all legal
            means available to combat international crime.
              (2) Executive Order No. 12978 of October 21, 1995,
            provides for the use of the authorities in the
            International Emergency Economic Powers Act (IEEPA) (50
            U.S.C. 1701 et seq.) to target and apply sanctions to
            four international narcotics traffickers and their
            organizations that operate from Colombia.
              (3) IEEPA was successfully applied to international
            narcotics traffickers in Colombia and based on that
            successful case study, Congress believes similar
            authorities should be applied worldwide.
              (4) There is a national emergency resulting from the
            activities of international narcotics traffickers and
            their organizations that threatens the national
            security, foreign policy, and economy of the United
            States.
        (b) Policy.--It shall be the policy of the United States to
    apply economic and other financial sanctions to significant
    foreign narcotics traffickers and their organizations worldwide
    to protect the national security, foreign policy, and economy
    of the United States from the threat described in subsection
    (a)(4).

    SEC. 803.\3\ PURPOSE.

        The purpose of this title is to provide authority for the
    identification of, and application of sanctions on a worldwide
    basis to, significant foreign narcotics traffickers, their
    organizations, and the foreign persons who provide support to
    those significant foreign narcotics traffickers and their
    organizations, whose activities threaten the national security,
    foreign policy, and economy of the United States.
    ---------------------------------------------------------------------------
        \3\ 21 U.S.C. 1902.
    ---------------------------------------------------------------------------

    SEC. 804.\4\ PUBLIC IDENTIFICATION OF SIGNIFICANT FOREIGN NARCOTICS
                        TRAFFICKERS AND REQUIRED REPORTS.

        (a) Provision of Information to the President.--The
    Secretary of the Treasury, the Attorney General, the Secretary
    of Defense, the Secretary of State, and the Director of Central
    Intelligence shall consult among themselves and provide the
    appropriate and necessary information to enable the President
    to submit the report under subsection (b). This information
    shall also be provided to the Director of the Office of
    National Drug Control Policy.
    ---------------------------------------------------------------------------
        \4\ 21 U.S.C. 1903.
    ---------------------------------------------------------------------------
        (b) Public Identification and Sanctioning of Significant
    Foreign Narcotics Traffickers.--Not later than June 1, 2000,
    and not later than June 1 of each year thereafter, the
    President shall submit a report to the Permanent Select
    Committee on Intelligence, and the Committees on the Judiciary,
    International Relations, Armed Services, and Ways and Means of
    the House of Representatives; and to the Select Committee on
    Intelligence, and the Committees on the Judiciary, Foreign
    Relations, Armed Services, and Finance of the Senate
              (1) identifying publicly the foreign persons that the
            President determines are appropriate for sanctions
            pursuant to this title; and
              (2) detailing publicly the President's intent to
            impose sanctions upon these significant foreign
            narcotics traffickers pursuant to this title.
        The report required in this subsection shall not include
    information on persons upon which United States sanctions
    imposed under this title, or otherwise on account of narcotics
    trafficking, are already in effect.
        (c) Unclassified Report Required.--The report required by
    subsection (b) shall be submitted in unclassified form and made
    available to the public.
        (d) Classified Report.--(1) Not later than July 1, 2000,
    and not later than July 1 of each year thereafter, the
    President shall provide the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate with a report in
    classified form describing in detail the status of the
    sanctions imposed under this title, including the personnel and
    resources directed towards the imposition of such sanctions
    during the preceding fiscal year, and providing background
    information with respect to newly-identified significant
    foreign narcotics traffickers and their activities.
        (2) Such classified report shall describe actions the
    President intends to undertake or has undertaken with respect
    to such significant foreign narcotics traffickers.
        (3) The report required under this subsection is in
    addition to the President's obligations to keep the
    intelligence committees of Congress fully and currently
    informed pursuant to the provisions of the National Security
    Act of 1947.
        (e) Exclusion of Certain Information.--
              (1) Intelligence.--Notwithstanding any other
            provision of this section, the reports described in
            subsections (b) and (d) shall not disclose the identity
            of any person, if the Director of Central Intelligence
            determines that such disclosure could compromise an
            intelligence operation, activity, source, or method of
            the United States.
              (2) Law enforcement.--Notwithstanding any other
            provision of this section, the reports described in
            subsections (b) and (d) shall not disclose the name of
            any person if the Attorney General, in coordination as
            appropriate with the Director of the Federal Bureau of
            Investigation, the Administrator of the Drug
            Enforcement Administration, and the Secretary of the
            Treasury, determines that such disclosure could
            reasonably be expected to--
                      (A) compromise the identity of a confidential
                    source, including a State, local, or foreign
                    agency or authority or any private institution
                    that furnished information on a confidential
                    basis;
                      (B) jeopardize the integrity or success of an
                    ongoing criminal investigation or prosecution;
                      (C) endanger the life or physical safety of
                    any person; or
                      (D) cause substantial harm to physical
                    property.
        (f) Notification Required.--(1) Whenever either the
    Director of Central Intelligence or the Attorney General makes
    a determination under subsection (e), the Director of Central
    Intelligence or the Attorney General shall notify the Permanent
    Select Committee on Intelligence of the House of
    Representatives and the Select Committee on Intelligence of the
    Senate, and explain the reasons for such determination.
        (2) The notification required under this subsection shall
    be submitted to the Permanent Select Committee on Intelligence
    of the House of Representatives and the Select Committee on
    Intelligence of the Senate not later than July 1, 2000, and on
    an annual basis thereafter.
        (g) Determinations Not to Apply Sanctions.--(1) The
    President may waive the application to a significant foreign
    narcotics trafficker of any sanction authorized by this title
    if the President determines that the application of sanctions
    under this title would significantly harm the national security
    of the United States.
        (2) When the President determines not to apply sanctions
    that are authorized by this title to any significant foreign
    narcotics trafficker, the President shall notify the Permanent
    Select Committee on Intelligence, and the Committees on the
    Judiciary, International Relations, Armed Services, and Ways
    and Means of the House of Representatives, and the Select
    Committee on Intelligence, and the Committees on the Judiciary,
    Foreign Relations, Armed Services, and Finance of the Senate
    not later than 21 days after making such determination.
        (h) Changes in Determinations to Impose Sanctions.--
              (1) Additional determinations.--
                      (A) If at any time after the report required
                    under subsection (b) the President finds that a
                    foreign person is a significant foreign
                    narcotics trafficker and such foreign person
                    has not been publicly identified in a report
                    required under subsection (b), the President
                    shall submit an additional public report
                    containing the information described in
                    subsection (b) with respect to such foreign
                    person to the Permanent Select Committee on
                    Intelligence, and the Committees on the
                    Judiciary, International Relations, Armed
                    Services, and Ways and Means of the House of
                    Representatives, and the Select Committee on
                    Intelligence, and the Committees on the
                    Judiciary, Foreign Relations, Armed Services,
                    and Finance of the Senate.
                      (B) The President may apply sanctions
                    authorized under this title to the significant
                    foreign narcotics trafficker identified in the
                    report submitted under subparagraph (A) as if
                    the trafficker were originally included in the
                    report submitted pursuant to subsection (b) of
                    this section.
                      (C) The President shall notify the Secretary
                    of the Treasury of any determination made under
                    this paragraph.
              (2) Revocation of determination.--
                      (A) Whenever the President finds that a
                    foreign person that has been publicly
                    identified as a significant foreign narcotics
                    trafficker in the report required under
                    subsection (b) or this subsection no longer
                    engages in those activities for which sanctions
                    under this title may be applied, the President
                    shall issue public notice of such a finding.
                      (B) Not later than the date of the public
                    notice issued pursuant to subparagraph (A), the
                    President shall notify, in writing and in
                    classified or unclassified form, the Permanent
                    Select Committee on Intelligence, and the
                    Committees on the Judiciary, International
                    Relations, Armed Services, and Ways and Means
                    of the House of Representatives, and the Select
                    Committee on Intelligence, and the Committees
                    on the Judiciary, Foreign Relations, Armed
                    Services, and Finance of the Senate of actions
                    taken under this paragraph and a description of
                    the basis for such actions.

    SEC. 805.\5\ BLOCKING ASSETS AND PROHIBITING TRANSACTIONS.

        (a) Applicability of Sanctions.--A significant foreign
    narcotics trafficker publicly identified in the report required
    under subsection (b) or (h)(1) of section 804 and foreign
    persons designated by the Secretary of the Treasury pursuant to
    subsection (b) of this section shall be subject to any and all
    sanctions as authorized by this title. The application of
    sanctions on any foreign person pursuant to subsection (b) or
    (h)(1) of section 804 or subsection (b) of this section shall
    remain in effect until revoked pursuant to section 804(h)(2) or
    subsection (e)(1)(A) of this section or waived pursuant to
    section 804(g)(1).
    ---------------------------------------------------------------------------
        \5\ 21 U.S.C. 1904.
    ---------------------------------------------------------------------------
        (b) Blocking of Assets.--Except to the extent provided in
    regulations, orders, instructions, licenses, or directives
    issued pursuant to this title, and notwithstanding any contract
    entered into or any license or permit granted prior to the date
    on which the President submits the report required under
    subsection (b) or (h)(1) of section 804, there are blocked as
    of such date, and any date thereafter, all such property and
    interests in property within the United States, or within the
    possession or control of any United States person, which are
    owned or controlled by--
              (1) any significant foreign narcotics trafficker
            publicly identified by the President in the report
            required under subsection (b) or (h)(1) of section 804;
              (2) any foreign person that the Secretary of the
            Treasury, in consultation with the Attorney General,
            the Director of Central Intelligence, the Director of
            the Federal Bureau of Investigation, the Administrator
            of the Drug Enforcement Administration, the Secretary
            of Defense, and the Secretary of State, designates as
            materially assisting in, or providing financial or
            technological support for or to, or providing goods or
            services in support of, the international narcotics
            trafficking activities of a significant foreign
            narcotics trafficker so identified in the report
            required under subsection (b) or (h)(1) of section 804,
            or foreign persons designated by the Secretary of the
            Treasury pursuant to this subsection;
              (3) any foreign person that the Secretary of the
            Treasury, in consultation with the Attorney General,
            the Director of Central Intelligence, the Director of
            the Federal Bureau of Investigation, the Administrator
            of the Drug Enforcement Administration, the Secretary
            of Defense, and the Secretary of State, designates as
            owned, controlled, or directed by, or acting for or on
            behalf of, a significant foreign narcotics trafficker
            so identified in the report required under subsection
            (b) or (h)(1) of section 804, or foreign persons
            designated by the Secretary of the Treasury pursuant to
            this subsection; and
              (4) any foreign person that the Secretary of the
            Treasury, in consultation with the Attorney General,
            the Director of Central Intelligence, the Director of
            the Federal Bureau of Investigation, the Administrator
            of the Drug Enforcement Administration, the Secretary
            of Defense, and the Secretary of State, designates as
            playing a significant role in international narcotics
            trafficking.
        (c) Prohibited Transactions.--Except to the extent provided
    in regulations, orders, instructions, licenses, or directives
    issued pursuant to this title, and notwithstanding any contract
    entered into or any license or permit granted prior to the date
    on which the President submits the report required under
    subsection (b) or (h)(1) of section 804, the following
    transactions are prohibited:
              (1) Any transaction or dealing by a United States
            person, or within the United States, in property or
            interests in property of any significant foreign
            narcotics trafficker so identified in the report
            required pursuant to subsection (b) or (h)(1) of
            section 804, and foreign persons designated by the
            Secretary of the Treasury pursuant to subsection (b) of
            this section.
              (2) Any transaction or dealing by a United States
            person, or within the United States, that evades or
            avoids, or has the effect of evading or avoiding, and
            any endeavor, attempt, or conspiracy to violate, any of
            the prohibitions contained in this title.
        (d) Law Enforcement and Intelligence Activities
    Unaffected.--Nothing in this title prohibits or otherwise
    limits the authorized law enforcement or intelligence
    activities of the United States, or the law enforcement
    activities of any State or subdivision thereof.
        (e) Implementation.--(1) The Secretary of the Treasury, in
    consultation with the Attorney General, the Director of Central
    Intelligence, the Director of the Federal Bureau of
    Investigation, the Administrator of the Drug Enforcement
    Administration, the Secretary of Defense, and the Secretary of
    State, is authorized to take such actions as may be necessary
    to carry out this title, including--
              (A) making those designations authorized by
            paragraphs (2), (3), and (4) of subsection (b) of this
            section and revocation thereof;
              (B) promulgating rules and regulations permitted
            under this title; and
              (C) employing all powers conferred on the Secretary
            of the Treasury under this title.
        (2) Each agency of the United States shall take all
    appropriate measures within its authority to carry out the
    provisions of this title.
        (3) Section 552(a)(3) of title 5, United States Code, shall
    not apply to any record or information obtained or created in
    the implementation of this title.
        (f) * * * [Repealed-2001] \6\
    ---------------------------------------------------------------------------
        \6\ Sec. 307 of the Intelligence Authorization Act for Fiscal Year
    2002 (Public Law 107-108; 115 Stat. 1399) struck out subsec. (f). It
    previously read as follows:
        ``(f) Judicial Review.--The determinations, identifications,
    findings, and designations made pursuant to section 804 and subsection
    (b) of this section shall not be subject to judicial review.''.
    ---------------------------------------------------------------------------

    SEC. 806. \7\ AUTHORITIES.

        (a) In General.--To carry out the purposes of this title,
    the Secretary of the Treasury may, under such regulations as he
    may prescribe, by means of instructions, licenses, or
    otherwise--
    ---------------------------------------------------------------------------
        \7\ 21 U.S.C. 1905.
    ---------------------------------------------------------------------------
              (1) investigate, regulate, or prohibit--
                      (A) any transactions in foreign exchange,
                    currency, or securities; and
                      (B) transfers of credit or payments between,
                    by, through, or to any banking institution, to
                    the extent that such transfers or payments
                    involve any interests of any foreign country or
                    a national thereof; and
              (2) investigate, block during the pendency of an
            investigation, regulate, direct and compel, nullify,
            void, prevent, or prohibit any acquisition, holding,
            withholding, use, transfer, withdrawal, transportation,
            placement into foreign or domestic commerce of, or
            dealing in, or exercising any right, power, or
            privilege with respect to, or transactions involving,
            any property in which any foreign country or a national
            thereof has any interest, by any person, or with
            respect to any property, subject to the jurisdiction of
            the United States.
        (b) Recordkeeping.--Pursuant to subsection (a), the
    Secretary of the Treasury may require recordkeeping, reporting,
    and production of documents to carry out the purposes of this
    title.
        (c) Defenses.--
              (1) Full and actual compliance with any regulation,
            order, license, instruction, or direction issued under
            this title shall be a defense in any proceeding
            alleging a violation of any of the provisions of this
            title.
              (2) No person shall be held liable in any court for
            or with respect to anything done or omitted in good
            faith in connection with the administration of, or
            pursuant to, and in reliance on this title, or any
            regulation, instruction, or direction issued under this
            title.
        (d) Rulemaking.--The Secretary of the Treasury may issue
    such other regulations or orders, including regulations
    prescribing recordkeeping, reporting, and production of
    documents, definitions, licenses, instructions, or directions,
    as may be necessary for the exercise of the authorities granted
    by this title.

    SEC. 807.\8\ ENFORCEMENT.

        (a) Criminal Penalties.--(1) Whoever willfully violates the
    provisions of this title, or any license rule, or regulation
    issued pursuant to this title, or willfully neglects or refuses
    to comply with any order of the President issued under this
    title shall be--
    ---------------------------------------------------------------------------
        \8\ 21 U.S.C. 1906.
    ---------------------------------------------------------------------------
              (A) imprisoned for not more than 10 years,
              (B) fined in the amount provided in title 18, United
            States Code or, in the case of an entity, fined not
            more than $10,000,000, or both.
        (2) Any officer, director, or agent of any entity who
    knowingly participates in a violation of the provisions of this
    title shall be imprisoned for not more than 30 years, fined not
    more than $5,000,000, or both.
        (b) Civil Penalties.--A civil penalty not to exceed
    $1,000,000 may be imposed by the Secretary of the Treasury on
    any person who violates any license, order, rule, or regulation
    issued in compliance with the provisions of this title.
        (c) Judicial Review of Civil Penalty.--Any penalty imposed
    under subsection (b) shall be subject to judicial review only
    to the extent provided in section 702 of title 5, United States
    Code.

    SEC. 808.\9\ DEFINITIONS.

        As used in this title:
    ---------------------------------------------------------------------------
        \9\ 21 U.S.C. 1907.
    ---------------------------------------------------------------------------
              (1) Entity.--The term ``entity'' means a partnership,
            joint venture, association, corporation, organization,
            network, group, or subgroup, or any form of business
            collaboration.
              (2) Foreign person.--The term ``foreign person''
            means any citizen or national of a foreign state or any
            entity not organized under the laws of the United
            States, but does not include a foreign state.
              (3) Narcotics trafficking.--The term ``narcotics
            trafficking'' means any illicit activity to cultivate,
            produce, manufacture, distribute, sell, finance, or
            transport narcotic drugs, controlled substances, or
            listed chemicals, or otherwise endeavor or attempt to
            do so, or to assist, abet, conspire, or collude with
            others to do so.
              (4) Narcotic drug; controlled substance; listed
            chemical.--The terms ``narcotic drug'', ``controlled
            substance'', and ``listed chemical'' have the meanings
            given those terms in section 102 of the Controlled
            Substances Act (21 U.S.C. 802).
              (5) Person.--The term ``person'' means an individual
            or entity.
              (6) United states person.--The term ``United States
            person'' means any United States citizen or national,
            permanent resident alien, an entity organized under the
            laws of the United States (including its foreign
            branches), or any person within the United States.
              (7) Significant foreign narcotics trafficker.--The
            term ``significant foreign narcotics trafficker'' means
            any foreign person that plays a significant role in
            international narcotics trafficking, that the President
            has determined to be appropriate for sanctions pursuant
            to this title, and that the President has publicly
            identified in the report required under subsection (b)
            or (h)(1) of section 804.

    SEC. 809.\10\ EXCLUSION OF PERSONS WHO HAVE BENEFITED FROM ILLICIT
                        ACTIVITIES OF DRUG TRAFFICKERS. * * *
    ---------------------------------------------------------------------------

        \10\ Sec. 809 amends sec. 212(a)(2)(C) of the Immigration and
    Nationality Act (8 U.S.C. 1182(a)(2)(C)).
    ---------------------------------------------------------------------------

    SEC. 810.\11\ JUDICIAL REVIEW COMMISSION ON FOREIGN ASSET CONTROL.

        (a) Establishment.--There is established a commission to be
    known as the `Judicial Review Commission on Foreign Asset
    Control' (in this section referred to as the `Commission').
    ---------------------------------------------------------------------------
        \11\ 21 U.S.C. 1908.
    ---------------------------------------------------------------------------
        (b) Membership and Procedural Matters.--(1) The Commission
    shall be composed of five members, as follows:
              (A) One member shall be appointed by the Chairman of
            the Select Committee on Intelligence of the Senate.
              (B) One member shall be appointed by the Vice
            Chairman of the Select Committee on Intelligence of the
            Senate.
              (C) One member shall be appointed by the Chairman of
            the Permanent Select Committee on Intelligence of the
            House of Representatives.
              (D) One member shall be appointed by the Ranking
            Minority Member of the Permanent Select Committee on
            Intelligence of the House of Representatives.
              (E) One member shall be appointed jointly by the
            members appointed under subparagraphs (A) through (D).
        (2) Each member of the Commission shall, for purposes of
    the activities of the Commission under this section, possess or
    obtain an appropriate security clearance in accordance with
    applicable laws and regulations regarding the handling of
    classified information.
        (3) The members of the Commission shall choose the chairman
    of the Commission from among the members of the Commission.
        (4) The members of the Commission shall establish rules
    governing the procedures and proceedings of the Commission.
        (c) Duties.--The Commission shall have as its duties the
    following:
              (1) To conduct a review of the current judicial,
            regulatory, and administrative authorities relating to
            the blocking of assets of foreign persons by the United
            States Government.
              (2) To conduct a detailed examination and evaluation
            of the remedies available to United States persons
            affected by the blocking of assets of foreign persons
            by the United States Government.
        (d) Powers.--(1) The Commission may hold such hearings, sit
    and act at such times and places, take such testimony, and
    receive such evidence as the Commission considers advisable to
    carry out the purposes of this section.
        (2) The Commission may secure directly from any executive
    department, agency, bureau, board, commission, office,
    independent establishment, or instrumentality of the Government
    information, suggestions, estimates, and statistics for the
    purposes of this section. Each such department, agency, bureau,
    board, commission, office, establishment, or instrumentality
    shall, to the extent authorized by law, furnish such
    information, suggestions, estimates, and statistics directly to
    the Commission, upon request of the chairman of the Commission.
    The Commission shall handle and protect all classified
    information provided to it under this section in accordance
    with applicable statutes and regulations.
        (3) The Attorney General and the Secretary of the Treasury
    shall provide to the Commission, on a nonreimbursable basis,
    such administrative services, funds, facilities, and other
    support services as are necessary for the performance of the
    Commission's duties under this section.
        (4) The Commission shall receive the full and timely
    cooperation of any official, department, or agency of the
    United States Government whose assistance is necessary for the
    fulfillment of the duties of the Commission under this section,
    including the provision of full and current briefings and
    analyses.
        (5) No department or agency of the Government may withhold
    information from the Commission on the grounds that providing
    the information to the Commission would constitute the
    unauthorized disclosure of classified information or
    information relating to intelligence sources or methods.
        (6) The Commission may use the United States mails in the
    same manner and under the same conditions as the departments
    and agencies of the United States.
        (e) Staff.--(1) Subject to paragraph (2), the chairman of
    the Commission, in accordance with rules agreed upon by the
    Commission, shall appoint and fix the compensation of a staff
    director and such other personnel as may be necessary to enable
    the Commission to carry out its duties, without regard to the
    provisions of title 5, United States Code, governing
    appointments in the competitive service, and without regard to
    the provisions of chapter 51 and subchapter III or chapter 53
    of such title relating to classification and General Schedule
    pay rates, except that no rate of pay fixed under this
    subsection may exceed the equivalent of that payable to a
    person occupying a position at level V of the Executive
    Schedule under section 5316 of such title.
        (2)(A) Any employee of a department or agency referred to
    in subparagraph (B) may be detailed to the Commission without
    reimbursement from the Commission, and such detailee shall
    retain the rights, status, and privileges of his or her regular
    employment without interruption.
        (B) The departments and agencies referred to in this
    subparagraph are as follows:
              (i) The Department of Justice.
              (ii) The Department of the Treasury.
              (iii) The Central Intelligence Agency.
        (3) All staff of the Commission shall possess a security
    clearance in accordance with applicable laws and regulations
    concerning the handling of classified information.
        (f) Compensation and Travel Expenses.--(1)(A) Except as
    provided in subparagraph (B), each member of the Commission may
    be compensated at not to exceed the daily equivalent of the
    annual rate of basic pay in effect for a position at level IV
    of the Executive Schedule under section 5315 of title 5, United
    States Code, for each day during which that member is engaged
    in the actual performance of the duties of the Commission under
    this section.
        (B) Members of the Commission who are officers or employees
    of the United States shall receive no additional pay by reason
    of their service on the Commission.
        (2) While away from their homes or regular places of
    business in the performance of services for the Commission,
    members of the Commission may be allowed travel expenses,
    including per diem in lieu of subsistence, in the same manner
    as persons employed intermittently in the Government service
    are allowed expenses under section 5703(b) of title 5, United
    States Code.
        (g) Report.--(1) Not later than 1 year after the date of
    the enactment of this Act, the Commissions shall submit to the
    committees of Congress referred to in paragraph (4) a report on
    the activities of the Commission under this section, including
    the findings, conclusions, and recommendations, if any, of the
    Commission as a result of the review under subsection (c)(1)
    and the examination and evaluation under subsection (c)(2).
        (2) The report under paragraph (1) shall include any
    additional or dissenting views of a member of the Commission
    upon the request of the member.
        (3) The report under paragraph (1) shall be submitted in
    unclassified form, but may include a classified annex.
        (4) The committees of Congress referred to in this
    paragraph are the following:
              (A) The Select Committee on Intelligence and the
            Committees on Foreign Relations and the Judiciary of
            the Senate.
              (B) The Permanent Select Committee on Intelligence
            and the Committees on International Relations and the
            Judiciary of the House of Representatives.
        (h) Termination.--The Commission shall terminate at the end
    of the 60-day period beginning on the date on which the report
    required by subsection (g) is submitted to the committees of
    Congress referred to in that subsection.
        (i) Inapplicability of Certain Administrative Provisions.--
    (1) The provisions of the Federal Advisory Committee Act (5
    U.S.C. App.) shall not apply to the activities of the
    Commission under this section.
        (2) The provisions of section 552 of title 5, United States
    Code (commonly referred to as the Freedom of Information Act),
    shall not apply to the activities, records, and proceedings of
    the Commission under this title.
        (j) Funding.--The Attorney General shall, from amounts
    authorized to be appropriated to the Attorney General by this
    Act, make available to the Commission $1,000,000 for purposes
    of the activities of the Commission under this section. Amounts
    made available to the Commission under the preceding sentence
    shall remain available until expended

    SEC. 811.\12\ EFFECTIVE DATE.

        This title shall take effect on the date of the enactment
    of this Act.
    ---------------------------------------------------------------------------
        \12\ 21 U.S.C. 1901 note.
       (2) Blocking Assets and Prohibiting Transactions With Significant
                             Narcotics Traffickers

    Executive Order 12978, October 21, 1995, 60 F.R. 54579, 50 U.S.C. 1701
     note; as amended by Executive Order 13286, February 28, 2003, 68 F.R.
                                     10619

        By the authority vested in me as President by the
    Constitution and the laws of the United States of america,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code,
        I, WILLIAM J. CLINTON, President of the United States of
    America, find that the actions of significant foreign narcotics
    traffickers centered in Colombia, and the unparalleled
    violence, corruption, and harm that they cause in the United
    States and abroad, constitute an unusual and extraordinary
    threat to the national security, foreign policy, and economy of
    the United States, and hereby declare a national emergency to
    deal with that threat.\1\
    ---------------------------------------------------------------------------
        \1\ Continuation of the national emergency was contained in the
    following: Notice of the President, October 16, 1996 (61 F.R. 29455);
    Notice of the President, October 17, 1997 (62 F.R. 54561); Notice of
    the President, October 19, 1998 (63 F.R. 56079); Notice of the
    President, October 19, 1999 (64 F.R. 56667; Notice of the President,
    October 19, 2000 (65 F.R. 63193); Notice of the President, October 16,
    2001 (66 F.R. 53073); Notice of the President, October 16, 2002 (67
    F.R. 64307); Notice of the President, October 16, 2003 (68 F.R. 60021);
    Notice of the President, October 19, 2004 (69 F.R. 61733); and Notice
    of the President, October 19, 2005 (70 F.R. 61209).
    ---------------------------------------------------------------------------
        Section 1. Except to the extent provided in section 203(b)
    of IEEPA (50 U.S.C. 1702(b)) and in regulations, orders,
    directives, or licenses that may be issued pursuant to this
    order, and notwithstanding any contract entered into or any
    license or permit granted prior to the effective date, I hereby
    order blocked all property and interests in property that are
    or hereafter come within the United States, or that are or
    hereafter come within the possession or control of United
    States persons, of:
              (a) the foreign persons listed in the Annex to this
            order;
              (b) foreign persons determined by the Secretary of
            the Treasury, in consultation with the Attorney
            General, the Secretary of Homeland Security,\2\ and the
            Secretary of State:
    ---------------------------------------------------------------------------
        \2\ Sec. 22 of Executive Order 13286 (68 F.R. 10624) inserted ``,
    the Secretary of Homeland Security,''.
    ---------------------------------------------------------------------------
                      (i) to play a significant role in
                    international narcotics trafficking centered in
                    Colombia; or
                      (ii) materially to assist in, or provide
                    financial or technological support for or goods
                    or services in support of, the narcotics
                    trafficking activities of persons designated in
                    or pursuant to this order; and
              (c) persons determined by the Secretary of the
            Treasury, in consultation with the Attorney General,
            the Secretary of Homeland Security,\2\ and the
            Secretary of State, to be owned or controlled by, or to
            act for or on behalf of, persons designated in or
            pursuant to this order.
        Sec. 2.\3\ Further, except to the extent provided in
    section 203(b) of IEEPA and in regulations, orders, directives,
    or licenses that may be issued pursuant to this order, and
    notwithstanding any contract entered into or any license or
    permit gran ted prior to the effective date, I hereby prohibit
    the following:
    ---------------------------------------------------------------------------
        \3\ The Department of the Treasury issued notices of blocking
    assets for a list of specially designated narcotics traffickers
    effective October 23, 1995 (60 F.R. 54582). Amendments or additions to
    the list were issued on: November 24, 1995 (60 F.R. 61288); March 5,
    1996 (61 F.R. 9523); June 26, 1996 (61 F.R. 32936); January 15, 1997
    (62 F.R. 2903); April 17, 1997 (62 F.R. 19500); June 27, 1997 (62 F.R.
    34934); July 30, 1997 (62 F.R. 41850); September 9, 1997 (62 F.R.
    48177); May 26, 1998 (63 F.R. 28896); June 25, 1999 (64 F.R. 34984);
    March 29, 2000 (65 F.R. 17590); November 28, 2000 (65 F.R. 75628);
    December 19, 2000 (65 F.R. 80749); and February 12, 2003 (68 F.R.
    7168).
    ---------------------------------------------------------------------------
              (a) any transaction or dealing by United States
            persons or within the United States in property or
            interests in property of the persons designated in or
            pursuant to this order;
              (b) any transaction by any United States person or
            within the United States that evades or avoids, or has
            the purposes of evading or avoiding, or attempts to
            violate, any of the prohibitions set forth in this
            order.
        Sec. 3. For the purposes of this order:
              (a) the term ``person'' means an individual or
            entity;
              (b) the term ``entity'' means a partnership,
            association, corporation, or other organization, group
            or subgroup;
              (c) the term ``United States person'' means any
            United States citizen or national, permanent resident
            alien, entity organized under the laws of the United
            States (including foreign branches), or any person in
            the United States:
              (d) the term ``foreign person'' means any citizen or
            national of a foreign state (including any such
            individual who is also a citizen or national of the
            united States) or any entity not organized solely under
            the laws of the United States or existing solely in the
            United States, but does not include a foreign state;
            and
              (e) the term ``narcotics trafficking'' means any
            activity undertaken illicitly to cultivate, produce,
            manufacture, distribute, sell, finance or transport, or
            otherwise assist, abet, conspire, or collude with
            others in illicit activities relating to, narcotic
            drugs, including, but not limited to, cocaine.
        Sec. 4. The Secretary of the Treasury, in consultation with
    the Attorney General, the Secretary of Homeland Security,\2\
    and the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA as
    may be necessary to carry out this order. The Secretary of the
    Treasury may redelegate any of these functions to other
    officers and agencies of the United States Government. All
    agencies of the United States Government are hereby directed to
    take all appropriate measures within their authority to carry
    out this order.
        Sec. 5. Nothing contained in this order shall create any
    right or benefit, substantive or procedural, enforceable by any
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.
        Sec. 6. (a) This order is effective at 12:01 a.m. Eastern
    Daylight Time on October 22, 1995.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.

                                     ANNEX

        Gilberto Rodriguez Orejuela
        Miiguel Angel Rodriguez Orejuela
        Jose Santacruz Londono
        Helmer Herrera Buitrago
             g. Prohibitions on Economic Relations With Terrorists

      (1) Clarification of Certain Executive Orders Blocking Property and
                        Prohibiting Certain Transactions

    Executive Order 13372, February 16, 2005, 70 F.R. 8499, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act, as
    amended (50 U.S.C. 1701 et seq.) (IEEPA), the National
    Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of
    the United Nations Participation Act of 1945, as amended (22
    U.S.C. 287c) (UNPA), and section 301 of title 3, United States
    Code,
        I, GEORGE W. BUSH, President of the United States of
    America, in order to clarify the steps taken in Executive Order
    12947 of January 23, 1995, as amended by Executive Order 13099
    of August 20, 1998; and Executive Order 13224 of September 23,
    2001, as amended by Executive Order 13268 of July 2, 2002, and
    Executive Order 13284 of January 23, 2003, in particular with
    respect to the implementation of section 203(b)(2) of IEEPA (50
    U.S.C. 1702(b)(2)), hereby order:
        Section 1.\1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 1 amended sec. 4 of Executive Order 13224.
    ---------------------------------------------------------------------------
        Sec. 2.\2\ * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 2 amended sec. 3 of Executive Order 12947.
    ---------------------------------------------------------------------------
        Sec. 3. (a) The Secretary of the Treasury, in consultation
    with the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA and
    the UNPA as may be necessary to carry out the purposes of this
    order. The Secretary of the Treasury may redelegate any of
    these functions to other officers and agencies of the United
    States Government consistent with applicable law. All agencies
    of the United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order.
        (b) Nothing contained in this order shall relieve a person
    from any requirement to obtain a license or other authorization
    in compliance with applicable laws and regulations.
        (c) Amendments to Executive Orders made by this order shall
    take effect as of the date of this order.
        Sec. 4. This order is not intended to, and does not, create
    any right, benefit, or privilege, substantive or procedural,
    enforceable at law or in equity by a party against the United
    States, its departments, agencies, entities, officers,
    employees, or agents, or any other person.
        Sec. 5. This order shall be transmitted to the Congress and
    published in the Federal Register.
      (2) Blocking Property and Prohibiting Transactions With Persons Who
                Commit, Threaten To Commit, or Support Terrorism

      Executive Order 13224, September 23, 2001, 66 F.R. 49079, 50 U.S.C.
     1701 note; as amended by Executive Order 13268, July 2, 2002, 67 F.R.
       44751; Executive Order 13284, January 23, 2003, 68 F.R. 4075; and
             Executive Order 13372, February 16, 2005, 70 F.R. 8499

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), section 5 of the United Nations
    Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA),
    and section 301 of title 3, United States Code, and in view of
    United Nations Security Council Resolution (UNSCR) 1214 of
    December 8, 1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of
    December 19, 2000, and the multilateral sanctions contained
    therein, and UNSCR 1363 of July 30, 2001, establishing a
    mechanism to monitor the implementation of UNSCR 1333,
        I, GEORGE W. BUSH, President of the United States of
    America, find that grave acts of terrorism and threats of
    terrorism committed by foreign terrorists, including the
    terrorist attacks in New York, Pennsylvania, and the Pentagon
    committed on September 11, 2001, acts recognized and condemned
    in UNSCR 1368 of September 12, 2001, and UNSCR 1269 of October
    19, 1999, and the continuing and immediate threat of further
    attacks on United States nationals or the United States
    constitute an unusual and extraordinary threat to the national
    security, foreign policy, and economy of the United States, and
    in furtherance of my proclamation of September 14, 2001,
    Declaration of National Emergency by Reason of Certain
    Terrorist Attacks, hereby declare a national emergency to deal
    with that threat. I also find that because of the pervasiveness
    and expansiveness of the financial foundation of foreign
    terrorists, financial sanctions may be appropriate for those
    foreign persons that support or otherwise associate with these
    foreign terrorists. I also find that a need exists for further
    consultation and cooperation with, and sharing of information
    by, United States and foreign financial institutions as an
    additional tool to enable the United States to combat the
    financing of terrorism.
        I hereby order:
        Section 1. Except to the extent required by section 203(b)
    of IEEPA (50 U.S.C. 1702(b)), or provided in regulations,
    orders, directives, or licenses that may be issued pursuant to
    this order, and notwithstanding any contract entered into or
    any license or permit granted prior to the effective date of
    this order, all property and interests in property of the
    following persons that are in the United States or that
    hereafter come within the United States, or that hereafter come
    within the possession or control of United States persons are
    blocked:
              (a) foreign persons listed in the Annex to this
            order;
              (b) foreign persons determined by the Secretary of
            State, in consultation with the Secretary of the
            Treasury, the Secretary of Homeland Security,\1\ and
            the Attorney General, to have committed, or to pose a
            significant risk of committing, acts of terrorism that
            threaten the security of U.S. nationals or the national
            security, foreign policy, or economy of the United
            States;
    ---------------------------------------------------------------------------
        \1\ Sec. 4 of Executive Order 13284 (68 F.R. 4075) inserted ``,the
    Secretary of Homeland Security,''.
    ---------------------------------------------------------------------------
              (c) persons determined by the Secretary of the
            Treasury, in consultation with the Secretary of State,
            the Secretary of Homeland Security,\1\ and the Attorney
            General, to be owned or controlled by, or to act for or
            on behalf of those persons listed in the Annex to this
            order or those persons determined to be subject to
            subsection 1(b), 1(c), or 1(d)(i) of this order;
              (d) except as provided in section 5 of this order and
            after such consultation, if any, with foreign
            authorities as the Secretary of State, in consultation
            with the Secretary of the Treasury, the Secretary of
            Homeland Security,\1\ and the Attorney General, deems
            appropriate in the exercise of his discretion, persons
            determined by the Secretary of the Treasury, in
            consultation with the Secretary of State, the Secretary
            of Homeland Security,\1\ and the Attorney General;
                      (i) to assist in, sponsor, or provide
                    financial, material, or technological support
                    for, or financial or other services to or in
                    support of, such acts of terrorism or those
                    persons listed in the Annex to this order or
                    determined to be subject to this order; or
                      (ii) to be otherwise associated with those
                    persons listed in the Annex to this order or
                    those persons determined to be subject to
                    subsection 1(b), 1(c), or 1(d)(i) of this
                    order.
        Sec. 2. Except to the extent required by section 203(b) of
    IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders,
    directives, or licenses that may be issued pursuant to this
    order, and notwithstanding any contract entered into or any
    license or permit granted prior to the effective date:
              (a) any transaction or dealing by United States
            persons or within the United States in property or
            interests in property blocked pursuant to this order is
            prohibited, including but not limited to the making or
            receiving of any contribution of funds, goods, or
            services to or for the benefit of those persons listed
            in the Annex to this order or determined to be subject
            to this order;
              (b) any transaction by any United States person or
            within the United States that evades or avoids, or has
            the purpose of evading or avoiding, or attempts to
            violate, any of the prohibitions set forth in this
            order is prohibited; and
              (c) any conspiracy formed to violate any of the
            prohibitions set forth in this order is prohibited.
        Sec. 3. For purposes of this order:
              (a) the term ``person'' means an individual or
            entity;
              (b) the term ``entity'' means a partnership,
            association, corporation, or other organization, group,
            or subgroup;
              (c) the term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States
            (including foreign branches), or any person in the
            United States; and
              (d) the term ``terrorism'' means an activity that--
                      (i) involves a violent act or an act
                    dangerous to human life, property, or
                    infrastructure; and
                      (ii) appears to be intended--
                              (A) to intimidate or coerce a
                            civilian population;
                              (B) to influence the policy of a
                            government by intimidation or coercion;
                            or
                              (C) to affect the conduct of a
                            government by mass destruction,
                            assassination, kidnapping, or hostage-
                            taking.
        Sec. 4.\2\ I hereby determine that the making of donations
    of the type of articles specified in section 203(b)(2) of IEEPA
    (50 U.S.C. 1702(b)(2)), by, to, or for the benefit of, any
    persons determined to be subject to this order would seriously
    impair my ability to deal with the national emergency declared
    in this order, and would endanger Armed Forces of the United
    States that are in a situation where imminent involvement in
    hostilities is clearly indicated by the circumstances, and I
    hereby prohibit such donations as provided by section 1 of this
    order. Furthermore, I hereby determine that the Trade Sanctions
    Reform and Export Enhancement Act of 2000 (Title IX, Public Law
    106-387) shall not affect the imposition or the continuation of
    the imposition of any unilateral agricultural sanction or
    unilateral medical sanction on any person determined to be
    subject to this order because imminent involvement of the Armed
    Forces of the United States in hostilities is clearly indicated
    by the circumstances.
    ---------------------------------------------------------------------------
        \2\ Sec. 1 of Executive Order 13372 (70 F.R. 8499) amended and
    restated sec. 4. It previously read as follows:
        ``Sec. 4. I hereby determine that the making of donations of the
    type specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by
    United States persons to persons determined to be subject to this order
    would seriously impair my ability to deal with the national emergency
    declared in this order, and would endanger Armed Forces of the United
    States that are in a situation where imminent involvement in
    hostilities is clearly indicated by the circumstances, and hereby
    prohibit such donations as provided by section 1 of this order.
    Furthermore, I hereby determine that the Trade Sanctions Reform and
    Export Enhancement Act of 2000 (title IX, Public Law 106-387) shall not
    affect the imposition or the continuation of the imposition of any
    unilateral agricultural sanction or unilateral medical sanction on any
    person determined to be subject to this order because imminent
    involvement of the Armed Forces of the United States in hostilities is
    clearly indicated by the circumstances.''.
    ---------------------------------------------------------------------------
        Sec. 5. With respect to those persons designated pursuant
    to subsection 1(d) of this order, the Secretary of the
    Treasury, in the exercise of his discretion and in consultation
    with the Secretary of State, the Secretary of Homeland
    Security,\1\ and the Attorney General, may take such other
    actions than the complete blocking of property or interests in
    property as the President is authorized to take under IEEPA and
    UNPA if the Secretary of the Treasury, in consultation with the
    Secretary of State, the Secretary of Homeland Security,\1\ and
    the Attorney General, deems such other actions to be consistent
    with the national interests of the United States, considering
    such factors as he deems appropriate.
        Sec. 6. The Secretary of State, the Secretary of the
    Treasury, and other appropriate agencies shall make all
    relevant efforts to cooperate and coordinate with other
    countries, including through technical assistance, as well as
    bilateral and multilateral agreements and arrangements, to
    achieve the objectives of this order, including the prevention
    and suppression of acts of terrorism, the denial of financing
    and financial services to terrorists and terrorist
    organizations, and the sharing of intelligence about funding
    activities in support of terrorism.
        Sec. 7. The Secretary of the Treasury, in consultation with
    the Secretary of State, the Secretary of Homeland Security,\1\
    and the Attorney General, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA and
    UNPA as may be necessary to carry out the purposes of this
    order. The Secretary of the Treasury may redelegate any of
    these functions to other officers and agencies of the United
    States Government. All agencies of the United States Government
    are hereby directed to take all appropriate measures within
    their authority to carry out the provisions of this order.
        Sec. 8. Nothing in this order is intended to affect the
    continued effectiveness of any rules, regulations, orders,
    licenses, or other forms of administrative action issued,
    taken, or continued in effect heretofore or hereafter under 31
    C.F.R. chapter V, except as expressly terminated, modified, or
    suspended by or pursuant to this order.
        Sec. 9. Nothing contained in this order is intended to
    create, nor does it create, any right, benefit, or privilege,
    substantive or procedural, enforceable at law by a party
    against the United States, its agencies, officers, employees or
    any other person.
        Sec. 10. For those persons listed in the Annex to this
    order or determined to be subject to this order who might have
    a constitutional presence in the United States, I find that
    because of the ability to transfer funds or assets
    instantaneously, prior notice to such persons of measures to be
    taken pursuant to this order would render these measures
    ineffectual. I therefore determine that for these measures to
    be effective in addressing the national emergency declared in
    this order, there need be no prior notice of a listing or
    determination made pursuant to this order.
        Sec. 11. (a) This order is effective at 12:01 a.m. eastern
    daylight time on September 24, 2001.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.

                                     ANNEX

        Al Qaida/Islamic Army
        Abu Sayyaf Group
        Armed Islamic Group (GIA)
        Harakat ul-Mujahidin (HUM)
        Al-Jihad (Egyptian Islamic Jihad)
        Islamic Movement of Uzbekistan (IMU)
        Asbat al-Ansar
        Salafist Group for Call and Combat (GSPC)
        Libyan Islamic Fighting Group
        Al-Itihaad al-Islamiya (AIAI)
        Islamic Army of Aden
        Usama bin Laden
        Muhammad Atif (aka, Subhi Abu Sitta, Abu Hafs Al Masri)
        Sayf al-Adl
        Shaykh Sai'id (aka, Mustafa Muhammad Ahmad)
        Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid,
    Khalid Al-Shanqiti)
        Ibn Al-Shaykh al-Libi
        Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
        Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
        Ayman al-Zawahiri
        Thirwat Salah Shihata
        Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
        Muhammad Salah (aka, Nasr Fahmi Nasr Hasanayn)
        Makhtab Al-Khidamat/Al Kifah
        Wafa Humanitarian Organization
        Al Rashid Trust
        Mamoun Darkazanli Import-Export Company
        Mohammed Omar (aka, Amir al-Mumineen [Commander of the
    Faithful]) \3\
        The Taliban.\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 1 of Executive Order 13268 (67 F.R. 44751) added Mohammed
    Omar and the Taliban to the Annex list.
        Sec. 2 of Executive Order 13268 further provided that ``For the
    purposes of this order and Executive Order 13224 of September 23, 2001,
    the term `the Taliban' is also known as the `Taleban,' `Islamic
    Movement of Taliban,' `the Taliban Islamic Movement,' `Talibano Islami
    Tahrik,' and `Tahrike Islami'a Taliban'. The Secretary of State, in
    consultation with the Secretary of the Treasury, is hereby authorized
    to modify the definition of the term `the Taliban,' as appropriate.''.
     (3) Prohibiting Transactions With Terrorists Who Threaten To Disrupt
                         the Middle East Peace Process

     Executive Order 12947, January 23, 1995, 60 F.R. 5079, 50 U.S.C. 1701
      note; as amended by Executive Order 13099, August 20, 1998, 63 F.R.
       45167; and Executive Order 13372, February 16, 2005, 70 F.R. 8499

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code,
        I, WILLIAM J. CLINTON, President of the United States of
    America, find that grave acts of violence committed by foreign
    terrorists that disrupt the Middle East peace process
    constitute an unusual and extraordinary threat to the national
    security, foreign policy, and economy of the United States, and
    hereby declare a national emergency to deal with that
    threat.\1\
    ---------------------------------------------------------------------------
        \1\ In a notice of January 18, 1996 (61 F.R. 1695), the President
    stated that this national emergency must continue in effect beyond
    January 23, 1996. The national emergency was continued again by a
    notice from the President on January 21, 1997 (62 F.R. 3439); on
    January 21, 1998 (63 F.R. 3445); on January 20, 1999 (64 F.R. 3393); on
    January 19, 2000 (65 F.R. 3581); on January 19, 2001 (66 F.R. 7369); on
    January 18, 2002 (67 F.R. 3031); on January 20, 2003 (68 F.R. 3159); on
    January 16, 2004 (69 F.R. 2989), and on January 17, 2005 (70 F.R.
    3277).
    ---------------------------------------------------------------------------
        I hereby order:
        Section 1. Except to the extent provided in section
    203(b)(3) and (4) of IEEPA (50 U.S.C. 1702(b)(3) and (4)) and
    in regulations, orders, directives, or licenses that may be
    issued pursuant to this order, and notwithstanding any contract
    entered into or any license or permit granted prior to the
    effective date: (a) all property and interests in property of:
              (i) the persons listed in the Annex to this order;
              (ii) foreign persons designated by the Secretary of
            State, in coordination with the Secretary of the
            Treasury and the Attorney General, because they are
            found;
                      (A) to have committed, or to pose a
                    significant risk of committing, acts of
                    violence that have the purpose or effect of
                    disrupting the Middle East peace process, or
                      (B) to assist in, sponsor, or provide
                    financial, material, or technological support
                    for, or services in support of, such acts of
                    violence; and
              (iii) persons determined by the Secretary of the
            Treasury, in coordination with the Secretary of State
            and the Attorney General, to be owned or controlled by,
            or to act for or on behalf of, any of the foregoing
            persons, that are in the United States, that hereafter
            come within the United States, or that hereafter come
            within the possession or control of United States
            persons, are blocked;
        (b) any transaction or dealing by United States persons or
    within the United States in property or interests in property
    of the persons designated in or pursuant to this order is
    prohibited, including the making or receiving of any
    contribution of funds, goods, or services to or for the benefit
    of such persons;
        (c) any transaction by any United states person or within
    the United States that evades or avoids, or has the purpose of
    evading or avoiding, or attempts to violate, any of the
    prohibitions set forth in this order, is prohibited.
        Sec. 2. For the purposes of this order: (a) the term
    ``person'' means an individual or entity;
        (b) the term ``entity'' means a partnership, association,
    corporation, or other organization, group, or subgroup;
        (c) the term ``United States person'' means any United
    States citizen, permanent resident alien, entity organized
    under the laws of the United States (including foreign
    branches), or any person in the United States; and
        (d) the term ``foreign person'' means any citizen or
    national of a foreign state (including any such individual who
    is also a citizen or national of the United States) or any
    entity not organized solely under the laws of the United States
    or existing solely in the United States, but does not include a
    foreign state.
        Sec. 3.\2\ I hereby determine that the making of donations
    of the type of articles specified in section 203(b)(2) of IEEPA
    (50 U.S.C. 1702(b)(2)), by, to, or for the benefit of, any
    person whose property or interests in property are blocked
    pursuant to section 1 of this order would seriously impair my
    ability to deal with the national emergency declared in this
    order, and I hereby prohibit such donations as provided by
    section 1.
    ---------------------------------------------------------------------------
        \2\ Sec. 2 of Executive Order 13372 (70 F.R. 8499) amended and
    restated sec. 3. It previously read as follows:
        ``Sec. 3. I hereby determine that the making of donations of the
    type specified in section 203(b)(2)(A) of IEEPA (50 U.S.C.
    1702(b)(2)(A)) by United States persons to persons designated in or
    pursuant to this order would seriously impair my ability to deal with
    the national emergency declared in this order, and hereby prohibit such
    donations as provided by section 1 of this order.''.
    ---------------------------------------------------------------------------
        Sec. 4. (a) The Secretary of the Treasury, in consultation
    with the Secretary of State and, as appropriate, the Attorney
    General, is hereby authorized to take such actions, including
    the promulgation of rules and regulations, and to employ all
    powers granted to me by IEEPA as may be necessary to carry out
    the purposes of this order. The Secretary of the Treasury may
    redelegate any of these functions to other officers and
    agencies of the United States Government. All agencies of the
    United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order.
        (b) Any investigation emanating from a possible violation
    of this order, or of any license, order, or regulation issued
    pursuant to this order, shall first be coordinated with the
    Federal Bureau of Investigation (FBI), and any matter involving
    evidence of a criminal violations shall be referred to the FBI
    for further investigation. The FBI shall timely notify the
    Department of the Treasury of any action it takes on such
    referrals.
        Sec. 5. Nothing contained in this order shall create any
    right or benefit, substantive or procedural, enforceable by any
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.
        Sec. 6. (a) This order is effective at 12:01 a.m., eastern
    standard time on January 24, 1995.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.

                                     ANNEX

      TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS \3\
    ---------------------------------------------------------------------------

        \3\ Executive Order 13099 (63 F.R. 45167) amended the title of the
    Annex of Executive Order 12947 and added the following people and
    organizations: Islamic Army (a.k.a. Al-Qaida, Islamic Salvation
    Foundation, The Islamic Army for the Liberation of the Holy Places, The
    World Islamic Front for Jihad Against Jews and Crusaders, and The Group
    for the Preservation of the Holy Sites), Abu Hafs al-Masri, and Rifa'i
    Ahmad Taha Musa. The Annex title originally read, ``TERRORIST
    ORGANIZATIONS WHICH THREATEN TO DISRUPT THE MIDDLE EAST PEACE
    PROCESS''.
        On March 25, 2002, the Secretary of State determined (Public Notice
    No. 3955; 67 F.R. 14761) that certain organizations either used
    currently, or had used aliases. The additional names were included in
    the designations of organizations pursuant to the executive order.
        On October 10, 2003, the Deputy Secretary of State determined
    (Public Notice No. 4511; 68 F.R. 53738) ``that the Al-Aqsa Martyrs
    Brigade (also known as the Al-Aqsa Martyrs Battalion) has committed, or
    poses a serious risk of committing, acts of terrorism that threaten the
    security of U.S. nationals or the national security, foreign policy, or
    economy of the United States.''.
        On January 25, 2005, the Secretary of State amended (Public Notice
    No. 4979; 70 F.R. 4185) the designation made under the authority of
    sec. 1(a)(ii)(A) ``to revoke Kahane.net as an alias of Kahane Chai
    (also known as Kach, Kahane.org, and the other aliases listed above)
    based on a finding that circumstances have changed in such a manner as
    to warrant revocation. This revocation is made by amending the
    referenced designation and is effective on the date of publication of
    this notice. In all other respects, the designation under the authority
    of section 1(a)(ii)(A) of Executive Order 12947 (as amended by
    Executive Order 13099) of Kahane Chai (also known as Kach, Kahane.org,
    and the other aliases listed above) is maintained.''.
    ---------------------------------------------------------------------------
        Abu Hafs al-Masri
        Abu Nidal Organization (ANO)
        Democratic Front for the Liberation of Palestine (DFLP)
        Hizballah
        Islamic Army (a.k.a. Al-Qaida, Islamic Salvation
    Foundation, The Islamic Army for the Liberation of the Holy
    Places, The World Islamic Front for Jihad Against Jews and
    Crusaders, and The Group for the Preservation of the Holy
    Sites)
        Islamic Gama'at (IG)
        Islamic Resistance Movement (HAMAS)
        Jihad
        Kach
        Kahane Chai
        Palestinian Islamic Jihad-Shiqaqi faction (PIJ)
        Palestine Liberation Front-Abu Abbas faction (PLF-Abu
    Abbas)
        Popular Front for the Liberation of Palestine (PPLF)
        Popular Front for the Liberation of Palestine-General
    Command (PPLF-GC)
        Rifa'i Ahmad Taha Musa
        Usama bin Muhammad bin Awad bin Ladin (a.k.a. Usama bin
    Ladin)
     h. Blocking Property of Weapons of Mass Destruction Proliferators and
                                Their Supporters

      Executive Order 13382, June 28, 2005, 70 F.R. 38567, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code,
        I, George W. Bush, President of the United States of
    America, in order to take additional steps with respect to the
    national emergency described and declared in Executive Order
    12938 of November 14, 1994, regarding the proliferation of
    weapons of mass destruction and the means of delivering them,
    and the measures imposed by that order, as expanded by
    Executive Order 13094 of July 28, 1998, hereby order:
        Section 1. (a) Except to the extent provided in section
    203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
    and (4)), or in regulations, orders, directives, or licenses
    that may be issued pursuant to this order, and notwithstanding
    any contract entered into or any license or permit granted
    prior to the effective date of this order, all property and
    interests in property of the following persons, that are in the
    United States, that hereafter come within the United States, or
    that are or hereafter come within the possession or control of
    United States persons, are blocked and may not be transferred,
    paid, exported, withdrawn, or otherwise dealt in:
              (i) the persons listed in the Annex to this order;
              (ii) any foreign person determined by the Secretary
            of State, in consultation with the Secretary of the
            Treasury, the Attorney General, and other relevant
            agencies, to have engaged, or attempted to engage, in
            activities or transactions that have materially
            contributed to, or pose a risk of materially
            contributing to, the proliferation of weapons of mass
            destruction or their means of delivery (including
            missiles capable of delivering such weapons), including
            any efforts to manufacture, acquire, possess, develop,
            transport, transfer or use such items, by any person or
            foreign country of proliferation concern;
              (iii) any person determined by the Secretary of the
            Treasury, in consultation with the Secretary of State,
            the Attorney General, and other relevant agencies, to
            have provided, or attempted to provide, financial,
            material, technological or other support for, or goods
            or services in support of, any activity or transaction
            described in paragraph (a)(ii) of this section, or any
            person whose property and interests in property are
            blocked pursuant to this order; and
              (iv) any person determined by the Secretary of the
            Treasury, in consultation with the Secretary of State,
            the Attorney General, and other relevant agencies, to
            be owned or controlled by, or acting or purporting to
            act for or on behalf of, directly or indirectly, any
            person whose property and interests in property are
            blocked pursuant to this order.
        (b) Any transaction or dealing by a United States person or
    within the United States in property or interests in property
    blocked pursuant to this order is prohibited, including, but
    not limited to, (i) the making of any contribution or provision
    of funds, goods, or services by, to, or for the benefit of, any
    person whose property and interests in property are blocked
    pursuant to this order, and (ii) the receipt of any
    contribution or provision of funds, goods, or services from any
    such person.
        (c) Any transaction by a United States person or within the
    United States that evades or avoids, has the purpose of evading
    or avoiding, or attempts to violate any of the prohibitions set
    forth in this order is prohibited.
        (d) Any conspiracy formed to violate the prohibitions set
    forth in this order is prohibited.
        Sec. 2. For purposes of this order:
              (a) the term ``person'' means an individual or
            entity;
              (b) the term ``entity'' means a partnership,
            association, trust, joint venture, corporation, group,
            subgroup, or other organization; and
              (c) the term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States or any
            jurisdiction within the United States (including
            foreign branches), or any person in the United States.
        Sec. 3. I hereby determine that the making of donations of
    the type of articles specified in section 203(b)(2) of IEEPA
    (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, any
    person whose property and interests in property are blocked
    pursuant to this order would seriously impair my ability to
    deal with the national emergency declared in Executive Order
    12938, and I hereby prohibit such donations as provided by
    section 1 of this order.
        Sec. 4.\1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 4 amended sec. 4(a) of Executive Order 12938.
    ---------------------------------------------------------------------------
        Sec. 5. For those persons whose property and interests in
    property are blocked pursuant to section 1 of this order who
    might have a constitutional presence in the United States, I
    find that because of the ability to transfer funds or other
    assets instantaneously, prior notice to such persons of
    measures to be taken pursuant to this order would render these
    measures ineffectual. I therefore determine that for these
    measures to be effective in addressing the national emergency
    declared in Executive Order 12938, as amended, there need be no
    prior notice of a listing or determination made pursuant to
    section 1 of this order.
        Sec. 6. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA as
    may be necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government,
    consistent with applicable law. All agencies of the United
    States Government are hereby directed to take all appropriate
    measures within their authority to carry out the provisions of
    this order and, where appropriate, to advise the Secretary of
    the Treasury in a timely manner of the measures taken.
        Sec. 7. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to determine,
    subsequent to the issuance of this order, that circumstances no
    longer warrant the inclusion of a person in the Annex to this
    order and that the property and interests in property of that
    person are therefore no longer blocked pursuant to section 1 of
    this order.
        Sec. 8. This order is not intended to, and does not, create
    any right or benefit, substantive or procedural, enforceable at
    law or in equity by any party against the United States, its
    departments, agencies, instrumentalities, or entities, its
    officers or employees, or any other person.
        Sec. 9. (a) This order is effective at 12:01 a.m. eastern
    daylight time on June 29, 2005.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.

                                     ANNEX

        Korea Mining Development Trading Corporation
        Tanchon Commercial Bank
        Korea Ryonbong General Corporation
        Aerospace Industries Organization
        Shahid Hemmat Industrial Group
        Shahid Bakeri Industrial Group
        Atomic Energy Organization of Iran
        Scientific Studies and Research Center
                        i. Economic Relations With Cuba

       (1) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

    Public Law 104-114 [H.R. 927], 110 Stat. 785, approved March 12, 1996;
     as amended by Public Law 105-277 [Omnibus Consolidated and Emergency
       Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681

    AN ACT To seek international sanctions against the Castro government in
       Cuba, to plan for support of a transition government leading to a
       democratically elected government in Cuba, 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.\1\ SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Cuban
    Liberty and Democratic Solidarity (LIBERTAD) Act of 1996''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 6021 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents of this Act
    is as follows:
                                                                        Page

    Sec. 1. Short title; table of contents............................  1515
    Sec. 2. Findings..................................................  1516
    Sec. 3. Purposes..................................................  1519
    Sec. 4. Definitions...............................................  1519
    Sec. 5. Severability..............................................  1522

       TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
                                   GOVERNMENT

    Sec. 101. Statement of policy.....................................  1522
    Sec. 102. Enforcement of the economic embargo of Cuba.............  1523
    Sec. 103. Prohibition against indirect financing of Cuba..........  1524
    Sec. 104. United States opposition to Cuban membership in
        international financial institutions..........................  1524
    Sec. 105. United States opposition to termination of the
        suspension of the Cuban Government from participation in the
        Organization of American States...............................  1525
    Sec. 106. Assistance by the independent states of the former
        Soviet Union for the Cuban Government.........................  1525
    Sec. 107. Television broadcasting to Cuba.........................  1526
    Sec. 108. Reports on commerce with, and assistance to, Cuba from
        other foreign countries.......................................  1526
    Sec. 109. Authorization of support for democratic and human rights
        groups and international observers............................  1527
    Sec. 110. Importation safeguard against certain Cuban products....  1528
    Sec. 111. Withholding of foreign assistance from countries
        supporting Juragua nuclear plant in Cuba......................  1529
    Sec. 112. Reinstitution of family remittances and travel to Cuba..  1531
    Sec. 113. Expulsion of criminals from Cuba........................  1531
    Sec. 114. News bureaus in Cuba....................................  1531
    Sec. 115. Effect of Act on lawful United States Government
        activities....................................................  1532
    Sec. 116. Condemnation of Cuban attack on American aircraft.......  1532

               TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

    Sec. 201. Policy toward a transition government and a
        democratically elected government in Cuba.....................  1533
    Sec. 202. Assistance for the Cuban people.........................  1535
    Sec. 203. Coordination of assistance program; implementation and
        reports to Congress; reprogramming............................  1537
    Sec. 204. Termination of the economic embargo of Cuba.............  1539
    Sec. 205. Requirements and factors for determining a transition
        government....................................................  1540
    Sec. 206. Requirements for determining a democratically elected
        government....................................................  1542
    Sec. 207. Settlement of outstanding United States claims to
        confiscated property in Cuba..................................  1542

       TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS

    Sec. 301. Findings................................................  1543
    Sec. 302. Liability for trafficking in confiscated property
        claimed by United States nationals............................  1544
    Sec. 303. Proof of ownership of claims to confiscated property....  1549
    Sec. 304. Exclusivity of Foreign Claims Settlement Commission
        certification procedure.......................................  1550
    Sec. 305. Limitation of actions...................................  1550
    Sec. 306. Effective date..........................................  1550

                      TITLE IV--EXCLUSION OF CERTAIN ALIENS

    Sec. 401. Exclusion from the United States of aliens who have
        confiscated property of United States nationals or who traffic
        in such property..............................................  1552

    SEC. 2.\2\ FINDINGS.

        The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 6021.
    ---------------------------------------------------------------------------
              (1) The economy of Cuba has experienced a decline of
            at least 60 percent in the last 5 years as a result
            of--
                      (A) the end of its subsidization by the
                    former Soviet Union of between 5 billion and 6
                    billion dollars annually;
                      (B) 36 years of communist tyranny and
                    economic mismanagement by the Castro
                    government;
                      (C) the extreme decline in trade between Cuba
                    and the countries of the former Soviet bloc;
                    and
                      (D) the stated policy of the Russian
                    Government and the countries of the former
                    Soviet bloc to conduct economic relations with
                    Cuba on strictly commercial terms.
              (2) At the same time, the welfare and health of the
            Cuban people have substantially deteriorated as a
            result of this economic decline and the refusal of the
            Castro regime to permit free and fair democratic
            elections in Cuba.
              (3) The Castro regime has made it abundantly clear
            that it will not engage in any substantive political
            reforms that would lead to democracy, a market economy,
            or an economic recovery.
              (4) The repression of the Cuban people, including a
            ban on free and fair democratic elections, and
            continuing violations of fundamental human rights, have
            isolated the Cuban regime as the only completely
            nondemocratic government in the Western Hemisphere.
              (5) As long as free elections are not held in Cuba,
            the economic condition of the country and the welfare
            of the Cuban people will not improve in any significant
            way.
              (6) The totalitarian nature of the Castro regime has
            deprived the Cuban people of any peaceful means to
            improve their condition and has led thousands of Cuban
            citizens to risk or lose their lives in dangerous
            attempts to escape from Cuba to freedom.
              (7) Radio Marti and Television Marti have both been
            effective vehicles for providing the people of Cuba
            with news and information and have helped to bolster
            the morale of the people of Cuba living under tyranny.
              (8) The consistent policy of the United States
            towards Cuba since the beginning of the Castro regime,
            carried out by both Democratic and Republican
            administrations, has sought to keep faith with the
            people of Cuba, and has been effective in sanctioning
            the totalitarian Castro regime.
              (9) The United States has shown a deep commitment,
            and considers it a moral obligation, to promote and
            protect human rights and fundamental freedoms as
            expressed in the Charter of the United Nations and in
            the Universal Declaration of Human Rights.
              (10) The Congress has historically and consistently
            manifested its solidarity and the solidarity of the
            American people with the democratic aspirations of the
            Cuban people.
              (11) The Cuban Democracy Act of 1992 calls upon the
            President to encourage the governments of countries
            that conduct trade with Cuba to restrict their trade
            and credit relations with Cuba in a manner consistent
            with the purposes of that Act.
              (12) Amendments to the Foreign Assistance Act of 1961
            made by the FREEDOM Support Act require that the
            President, in providing economic assistance to Russia
            and the emerging Eurasian democracies, take into
            account the extent to which they are acting to
            ``terminate support for the communist regime in Cuba,
            including removal of troops, closing military
            facilities, and ceasing trade subsidies and economic,
            nuclear, and other assistance''.
              (13) The Cuban Government engages in the illegal
            international narcotics trade and harbors fugitives
            from justice in the United States.
              (14) The Castro government threatens international
            peace and security by engaging in acts of armed
            subversion and terrorism such as the training and
            supplying of groups dedicated to international
            violence.
              (15) The Castro government has utilized from its
            inception and continues to utilize torture in various
            forms (including by psychiatry), as well as execution,
            exile, confiscation, political imprisonment, and other
            forms of terror and repression, as means of retaining
            power.
              (16) Fidel Castro has defined democratic pluralism as
            ``pluralistic garbage'' and continues to make clear
            that he has no intention of tolerating the
            democratization of Cuban society.
              (17) The Castro government holds innocent Cubans
            hostage in Cuba by no fault of the hostages themselves
            solely because relatives have escaped the country.
              (18) Although a signatory state to the 1928 Inter-
            American Convention on Asylum and the International
            Covenant on Civil and Political Rights (which protects
            the right to leave one's own country), Cuba
            nevertheless surrounds embassies in its capital by
            armed forces to thwart the right of its citizens to
            seek asylum and systematically denies that right to the
            Cuban people, punishing them by imprisonment for
            seeking to leave the country and killing them for
            attempting to do so (as demonstrated in the case of the
            confirmed murder of over 40 men, women, and children
            who were seeking to leave Cuba on July 13, 1994).
              (19) The Castro government continues to utilize
            blackmail, such as the immigration crisis with which it
            threatened the United States in the summer of 1994, and
            other unacceptable and illegal forms of conduct to
            influence the actions of sovereign states in the
            Western Hemisphere in violation of the Charter of the
            Organization of American States and other international
            agreements and international law.
              (20) The United Nations Commission on Human Rights
            has repeatedly reported on the unacceptable human
            rights situation in Cuba and has taken the
            extraordinary step of appointing a Special Rapporteur.
              (21) The Cuban Government has consistently refused
            access to the Special Rapporteur and formally expressed
            its decision not to ``implement so much as one comma''
            of the United Nations Resolutions appointing the
            Rapporteur.
              (22) The United Nations General Assembly passed
            Resolution 47-139 on December 18, 1992, Resolution 48-
            142 on December 20, 1993, and Resolution 49-200 on
            December 23, 1994, referencing the Special Rapporteur's
            reports to the United Nations and condemning violations
            of human rights and fundamental freedoms in Cuba.
              (23) Article 39 of Chapter VII of the United Nations
            Charter provides that the United Nations Security
            Council ``shall determine the existence of any threat
            to the peace, breach of the peace, or act of aggression
            and shall make recommendations, or decide what measures
            shall be taken . . ., to maintain or restore
            international peace and security.''.
              (24) The United Nations has determined that massive
            and systematic violations of human rights may
            constitute a ``threat to peace'' under Article 39 and
            has imposed sanctions due to such violations of human
            rights in the cases of Rhodesia, South Africa, Iraq,
            and the former Yugoslavia.
              (25) In the case of Haiti, a neighbor of Cuba not as
            close to the United States as Cuba, the United States
            led an effort to obtain and did obtain a United Nations
            Security Council embargo and blockade against that
            country due to the existence of a military dictatorship
            in power less than 3 years.
              (26) United Nations Security Council Resolution 940
            of July 31, 1994, subsequently authorized the use of
            ``all necessary means'' to restore the ``democratically
            elected government of Haiti'', and the democratically
            elected government of Haiti was restored to power on
            October 15, 1994.
              (27) The Cuban people deserve to be assisted in a
            decisive manner to end the tyranny that has oppressed
            them for 36 years, and the continued failure to do so
            constitutes ethically improper conduct by the
            international community.
              (28) For the past 36 years, the Cuban Government has
            posed and continues to pose a national security threat
            to the United States.

    SEC. 3.\3\ PURPOSES.

        The purposes of this Act are--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 6022.
    ---------------------------------------------------------------------------
              (1) to assist the Cuban people in regaining their
            freedom and prosperity, as well as in joining the
            community of democratic countries that are flourishing
            in the Western Hemisphere;
              (2) to strengthen international sanctions against the
            Castro government;
              (3) to provide for the continued national security of
            the United States in the face of continuing threats
            from the Castro government of terrorism, theft of
            property from United States nationals by the Castro
            government, and the political manipulation by the
            Castro government of the desire of Cubans to escape
            that results in mass migration to the United States;
              (4) to encourage the holding of free and fair
            democratic elections in Cuba, conducted under the
            supervision of internationally recognized observers;
              (5) to provide a policy framework for United States
            support to the Cuban people in response to the
            formation of a transition government or a
            democratically elected government in Cuba; and
              (6) to protect United States nationals against
            confiscatory takings and the wrongful trafficking in
            property confiscated by the Castro regime.

    SEC. 4.\4\ DEFINITIONS.

        As used in this Act, the following terms have the following
    meanings:
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 6023.
    ---------------------------------------------------------------------------
              (1) Agency or instrumentality of a foreign state.--
            The term ``agency or instrumentality of a foreign
            state'' has the meaning given that term in section
            1603(b) of title 28, United States Code.
              (2) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on International Relations and the Committee
            on Appropriations of the House of Representatives and
            the Committee on Foreign Relations and the Committee on
            Appropriations of the Senate.
              (3) Commercial activity.--The term ``commercial
            activity'' has the meaning given that term in section
            1603(d) of title 28, United States Code.
              (4) Confiscated.--As used in titles I and III, the
            term ``confiscated'' refers to--
                      (A) the nationalization, expropriation, or
                    other seizure by the Cuban Government of
                    ownership or control of property, on or after
                    January 1, 1959--
                              (i) without the property having been
                            returned or adequate and effective
                            compensation provided; or
                              (ii) without the claim to the
                            property having been settled pursuant
                            to an international claims settlement
                            agreement or other mutually accepted
                            settlement procedure; and
                      (B) the repudiation by the Cuban Government
                    of, the default by the Cuban Government on, or
                    the failure of the Cuban Government to pay, on
                    or after January 1, 1959--
                              (i) a debt of any enterprise which
                            has been nationalized, expropriated, or
                            otherwise taken by the Cuban
                            Government;
                              (ii) a debt which is a charge on
                            property nationalized, expropriated, or
                            otherwise taken by the Cuban
                            Government; or
                              (iii) a debt which was incurred by
                            the Cuban Government in satisfaction or
                            settlement of a confiscated property
                            claim.
              (5) Cuban government.--(A) The term ``Cuban
            Government'' includes the government of any political
            subdivision of Cuba, and any agency or instrumentality
            of the Government of Cuba.
              (B) For purposes of subparagraph (A), the term
            ``agency or instrumentality of the Government of Cuba''
            means an agency or instrumentality of a foreign state
            as defined in section 1603(b) of title 28, United
            States Code, with each reference in such section to ``a
            foreign state'' deemed to be a reference to ``Cuba''.
              (6) Democratically elected government in cuba.--The
            term ``democratically elected government in Cuba''
            means a government determined by the President to have
            met the requirements of section 206.
              (7) Economic embargo of cuba.--The term ``economic
            embargo of Cuba'' refers to--
                      (A) the economic embargo (including all
                    restrictions on trade or transactions with, and
                    travel to or from, Cuba, and all restrictions
                    on transactions in property in which Cuba or
                    nationals of Cuba have an interest) that was
                    imposed against Cuba pursuant to section 620(a)
                    of the Foreign Assistance Act of 1961 (22
                    U.S.C. 2370(a)), section 5(b) of the Trading
                    with the Enemy Act (50 U.S.C. App. 5(b)), the
                    Cuban Democracy Act of 1992 (22 U.S.C. 6001 and
                    following), or any other provision of law; and
                      (B) the restrictions imposed by section
                    902(c) of the Food Security Act of 1985.
              (8) Foreign national.--The term ``foreign national''
            means--
                      (A) an alien; or
                      (B) any corporation, trust, partnership, or
                    other juridical entity not organized under the
                    laws of the United States, or of any State, the
                    District of Columbia, or any commonwealth,
                    territory, or possession of the United States.
              (9) Knowingly.--The term ``knowingly'' means with
            knowledge or having reason to know.
              (10) Official of the cuban government or the ruling
            political party in cuba.--The term ``official of the
            Cuban Government or the ruling political party in
            Cuba'' refers to any member of the Council of
            Ministers, Council of State, central committee of the
            Communist Party of Cuba, or the Politburo of Cuba, or
            their equivalents.
              (11) Person.--The term ``person'' means any person or
            entity, including any agency or instrumentality of a
            foreign state.
              (12) Property.--(A) The term ``property'' means any
            property (including patents, copyrights, trademarks,
            and any other form of intellectual property), whether
            real, personal, or mixed, and any present, future, or
            contingent right, security, or other interest therein,
            including any leasehold interest.
              (B) For purposes of title III of this Act, the term
            ``property'' does not include real property used for
            residential purposes unless, as of the date of the
            enactment of this Act--
                      (i) the claim to the property is held by a
                    United States national and the claim has been
                    certified under title V of the International
                    Claims Settlement Act of 1949; or
                      (ii) the property is occupied by an official
                    of the Cuban Government or the ruling political
                    party in Cuba.
              (13) Traffics.--(A) As used in title III, and except
            as provided in subparagraph (B), a person ``traffics''
            in confiscated property if that person knowingly and
            intentionally--
                      (i) sells, transfers, distributes, dispenses,
                    brokers, manages, or otherwise disposes of
                    confiscated property, or purchases, leases,
                    receives, possesses, obtains control of,
                    manages, uses, or otherwise acquires or holds
                    an interest in confiscated property,
                      (ii) engages in a commercial activity using
                    or otherwise benefiting from confiscated
                    property, or (iii) causes, directs,
                    participates in, or profits from, trafficking
                    (as described in clause (i) or (ii)) by another
                    person, or otherwise engages in trafficking (as
                    described in clause (i) or (ii)) through
                    another person, without the authorization of
                    any United States national who holds a claim to
                    the property.
              (B) The term ``traffics'' does not include--
                      (i) the delivery of international
                    telecommunication signals to Cuba;
                      (ii) the trading or holding of securities
                    publicly traded or held, unless the trading is
                    with or by a person determined by the Secretary
                    of the Treasury to be a specially designated
                    national;
                      (iii) transactions and uses of property
                    incident to lawful travel to Cuba, to the
                    extent that such transactions and uses of
                    property are necessary to the conduct of such
                    travel; or
                      (iv) transactions and uses of property by a
                    person who is both a citizen of Cuba and a
                    resident of Cuba, and who is not an official of
                    the Cuban Government or the ruling political
                    party in Cuba.
              (14) Transition government in cuba.--The term
            ``transition government in Cuba'' means a government
            that the President determines is a transition
            government consistent with the requirements and factors
            set forth in section 205.
              (15) United states national.--The term ``United
            States national'' means--
                      (A) any United States citizen; or
                      (B) any other legal entity which is organized
                    under the laws of the United States, or of any
                    State, the District of Columbia, or any
                    commonwealth, territory, or possession of the
                    United States, and which has its principal
                    place of business in the United States.

    SEC. 5.\5\ SEVERABILITY.

        If any provision of this Act or the amendments made by this
    Act or the application thereof to any person or circumstance is
    held invalid, the remainder of this Act, the amendments made by
    this Act, or the application thereof to other persons not
    similarly situated or to other circumstances shall not be
    affected by such invalidation.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 6024.
    ---------------------------------------------------------------------------

       TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
                                   GOVERNMENT

    SEC. 101.\6\ STATEMENT OF POLICY.

        It is the sense of the Congress that--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 6031.
    ---------------------------------------------------------------------------
              (1) the acts of the Castro government, including its
            massive, systematic, and extraordinary violations of
            human rights, are a threat to international peace;
              (2) the President should advocate, and should
            instruct the United States Permanent Representative to
            the United Nations to propose and seek within the
            Security Council, a mandatory international embargo
            against the totalitarian Cuban Government pursuant to
            chapter VII of the Charter of the United Nations,
            employing efforts similar to consultations conducted by
            United States representatives with respect to Haiti;
              (3) any resumption of efforts by any independent
            state of the former Soviet Union to make operational
            any nuclear facilities in Cuba, and any continuation of
            intelligence activities by such a state from Cuba that
            are targeted at the United States and its citizens will
            have a detrimental impact on United States assistance
            to such state; and
              (4) in view of the threat to the national security
            posed by the operation of any nuclear facility, and the
            Castro government's continuing blackmail to unleash
            another wave of Cuban refugees fleeing from Castro's
            oppression, most of whom find their way to United
            States shores, further depleting limited humanitarian
            and other resources of the United States, the President
            should do all in his power to make it clear to the
            Cuban Government that--
                      (A) the completion and operation of any
                    nuclear power facility, or
                      (B) any further political manipulation of the
                    desire of Cubans to escape that results in mass
                    migration to the United States,
            will be considered an act of aggression which will be
            met with an appropriate response in order to maintain
            the security of the national borders of the United
            States and the health and safety of the American
            people.

    SEC. 102.\7\ ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

        (a) Policy.--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 6032.
    ---------------------------------------------------------------------------
              (1) Restrictions by other countries.--The Congress
            hereby reaffirms section 1704(a) of the Cuban Democracy
            Act of 1992, which states that the President should
            encourage foreign countries to restrict trade and
            credit relations with Cuba in a manner consistent with
            the purposes of that Act.
              (2) Sanctions on other countries.--The Congress
            further urges the President to take immediate steps to
            apply the sanctions described in section 1704(b)(1) of
            that Act against countries assisting Cuba.
        (b) Diplomatic Efforts.--The Secretary of State should
    ensure that United States diplomatic personnel abroad
    understand and, in their contacts with foreign officials, are
    communicating the reasons for the United States economic
    embargo of Cuba, and are urging foreign governments to
    cooperate more effectively with the embargo.
        (c) Existing Regulations.--The President shall instruct the
    Secretary of the Treasury and the Attorney General to enforce
    fully the Cuban Assets Control Regulations set forth in part
    515 of title 31, Code of Federal Regulations.
        (d) \8\ Trading With the Enemy Act.--* * *
    ---------------------------------------------------------------------------
        \8\ Subsec. (d) amended sec. 16 of the Trading With the Enemy Act.
    ---------------------------------------------------------------------------
        (e) Denial of Visas to Certain Cuban Nationals.--It is the
    sense of the Congress that the President should instruct the
    Secretary of State and the Attorney General to enforce fully
    existing regulations to deny visas to Cuban nationals
    considered by the Secretary of State to be officers or
    employees of the Cuban Government or of the Communist Party of
    Cuba.
        (f) Coverage of Debt-for-Equity Swaps by Economic Embargo
    of Cuba.--Section 1704(b)(2) of the Cuban Democracy Act of 1992
    (22 U.S.C. 6003(b)(2)) is amended--* * *
        (g) Telecommunications Services.--Section 1705(e) of the
    Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended * *
    *
        (h) Codification of Economic Embargo.--The economic embargo
    of Cuba, as in effect on March 1, 1996, including all
    restrictions under part 515 of title 31, Code of Federal
    Regulations, shall be in effect upon the enactment of this Act,
    and shall remain in effect, subject to section 204 of this Act.

    SEC. 103.\9\ PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.

        (a) Prohibition.--Notwithstanding any other provision of
    law, no loan, credit, or other financing may be extended
    knowingly by a United States national, a permanent resident
    alien, or a United States agency to any person for the purpose
    of financing transactions involving any confiscated property
    the claim to which is owned by a United States national as of
    the date of the enactment of this Act, except for financing by
    the United States national owning such claim for a transaction
    permitted under United States law.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 6033.
    ---------------------------------------------------------------------------
        (b) Suspension and Termination of Prohibition.--
              (1) Suspension.--The President is authorized to
            suspend the prohibition contained in subsection (a)
            upon a determination made under section 203(c)(1) that
            a transition government in Cuba is in power.
              (2) Termination.--The prohibition contained in
            subsection (a) shall cease to apply on the date on
            which the economic embargo of Cuba terminates as
            provided in section 204.
        (c) Penalties.--Violations of subsection (a) shall be
    punishable by such civil penalties as are applicable to
    violations of the Cuban Assets Control Regulations set forth in
    part 515 of title 31, Code of Federal Regulations.
        (d) Definitions.--As used in this section--
              (1) the term ``permanent resident alien'' means an
            alien lawfully admitted for permanent residence into
            the United States; and
              (2) the term ``United States agency'' has the meaning
            given the term ``agency'' in section 551(1) of title 5,
            United States Code.

    SEC. 104.\10\ UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN
                        INTERNATIONAL FINANCIAL INSTITUTIONS.

        (a) Continued Opposition to Cuban Membership in
    International Financial Institutions.--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 6034.
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (2),
            the Secretary of the Treasury shall instruct the United
            States executive director of each international
            financial institution to use the voice and vote of the
            United States to oppose the admission of Cuba as a
            member of such institution until the President submits
            a determination under section 203(c)(3) that a
            democratically elected government in Cuba is in power.
              (2) Transition government.--Once the President
            submits a determination under section 203(c)(1) that a
            transition government in Cuba is in power--
                      (A) the President is encouraged to take steps
                    to support the processing of Cuba's application
                    for membership in any international financial
                    institution, subject to the membership taking
                    effect after a democratically elected
                    government in Cuba is in power, and
                      (B) the Secretary of the Treasury is
                    authorized to instruct the United States
                    executive director of each international
                    financial institution to support loans or other
                    assistance to Cuba only to the extent that such
                    loans or assistance contribute to a stable
                    foundation for a democratically elected
                    government in Cuba.
        (b) Reduction in United States Payments to International
    Financial Institutions.--If any international financial
    institution approves a loan or other assistance to the Cuban
    Government over the opposition of the United States, then the
    Secretary of the Treasury shall withhold from payment to such
    institution an amount equal to the amount of the loan or other
    assistance, with respect to either of the following types of
    payment:
              (1) The paid-in portion of the increase in capital
            stock of the institution.
              (2) The callable portion of the increase in capital
            stock of the institution.
        (c) Definition.--For purposes of this section, the term
    ``international financial institution'' means the International
    Monetary Fund, the International Bank for Reconstruction and
    Development, the International Development Association, the
    International Finance Corporation, the Multilateral Investment
    Guaranty Agency, and the Inter-American Development Bank.

    SEC. 105.\11\ UNITED STATES OPPOSITION TO TERMINATION OF THE SUSPENSION
                        OF THE CUBAN GOVERNMENT FROM PARTICIPATION IN THE
                        ORGANIZATION OF AMERICAN STATES.

        The President should instruct the United States Permanent
    Representative to the Organization of American States to oppose
    and vote against any termination of the suspension of the Cuban
    Government from participation in the Organization until the
    President determines under section 203(c)(3) that a
    democratically elected government in Cuba is in power.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 6035.
    ---------------------------------------------------------------------------

    SEC. 106.\12\ ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET
                        UNION FOR THE CUBAN GOVERNMENT.

        (a) Reporting Requirement.--Not later than 90 days after
    the date of the enactment of this Act, the President shall
    submit to the appropriate congressional committees a report
    detailing progress toward the withdrawal of personnel of any
    independent state of the former Soviet Union (within the
    meaning of section 3 of the FREEDOM Support Act (22 U.S.C.
    5801)), including advisers, technicians, and military
    personnel, from the Cienfuegos nuclear facility in Cuba.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 6036. For text of the Foreign Assistance Act of 1961
    as amended by subsecs. (b), (c), and (d)(2) of this section, see
    Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (b) * * *
        (c) * * *
        (d) Facilities at Lourdes, Cuba.--
              (1) Disapproval of credits.--The Congress expresses
            its strong disapproval of the extension by Russia of
            credits equivalent to $200,000,000 in support of the
            intelligence facility at Lourdes, Cuba, in November
            1994.
              (2) Reduction in assistance.--Section 498A of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is
            amended * * *

    SEC. 107.\13\ TELEVISION BROADCASTING TO CUBA.

        (a) Conversion to UHF.--The Director of the International
    Broadcasting Bureau \14\ shall implement a conversion of
    television broadcasting to Cuba under the Television Marti
    Service to ultra high frequency (UHF) broadcasting.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 6037.
        \14\ Sec. 1335(r) of Public Law 105-277 (112 Stat. 2681-790)
    amended sec. 107 by striking out ``Director of the United States
    Information Agency'' where it appeared, and inserting in lieu thereof
    ``Director of the International Broadcasting Bureau''.
    ---------------------------------------------------------------------------
        (b) Periodic Reports.--Not later than 45 days after the
    date of the enactment of this Act, and every three months
    thereafter until the conversion described in subsection (a) is
    fully implemented, the Director of the International
    Broadcasting Bureau \15\ shall submit a report to the
    appropriate congressional committees on the progress made in
    carrying out subsection (a).
        (c) Termination of Broadcasting Authorities.--Upon
    transmittal of a determination under section 203(c)(3), the
    Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and
    following) and the Radio Broadcasting to Cuba Act (22 U.S.C.
    1465 and following) are repealed.

    SEC. 108.\15\ REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA FROM
                        OTHER FOREIGN COUNTRIES.

        (a) Reports Required.--Not later than 90 days after the
    date of the enactment of this Act, and by January 1 of each
    year thereafter until the President submits a determination
    under section 203(c)(1), the President shall submit a report to
    the appropriate congressional committees on commerce with, and
    assistance to, Cuba from other foreign countries during the
    preceding 12-month period.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 6038.
    ---------------------------------------------------------------------------
        (b) Contents of Reports.--Each report required by
    subsection (a) shall, for the period covered by the report,
    contain the following, to the extent such information is
    available:
              (1) A description of all bilateral assistance
            provided to Cuba by other foreign countries, including
            humanitarian assistance.
              (2) A description of Cuba's commerce with foreign
            countries, including an identification of Cuba's
            trading partners and the extent of such trade.
              (3) A description of the joint ventures completed, or
            under consideration, by foreign nationals and business
            firms involving facilities in Cuba, including an
            identification of the location of the facilities
            involved and a description of the terms of agreement of
            the joint ventures and the names of the parties that
            are involved.
              (4) A determination as to whether or not any of the
            facilities described in paragraph (3) is the subject of
            a claim against Cuba by a United States national.
              (5) A determination of the amount of debt of the
            Cuban Government that is owed to each foreign country,
            including--
                      (A) the amount of debt exchanged, forgiven,
                    or reduced under the terms of each investment
                    or operation in Cuba involving foreign
                    nationals; and
                      (B) the amount of debt owed the foreign
                    country that has been exchanged, forgiven, or
                    reduced in return for a grant by the Cuban
                    Government of an equity interest in a property,
                    investment, or operation of the Cuban
                    Government or of a Cuban national.
              (6) A description of the steps taken to assure that
            raw materials and semifinished or finished goods
            produced by facilities in Cuba involving foreign
            nationals do not enter the United States market, either
            directly or through third countries or parties.
              (7) An identification of countries that purchase, or
            have purchased, arms or military supplies from Cuba or
            that otherwise have entered into agreements with Cuba
            that have a military application, including--
                      (A) a description of the military supplies,
                    equipment, or other material sold, bartered, or
                    exchanged between Cuba and such countries,
                      (B) a listing of the goods, services,
                    credits, or other consideration received by
                    Cuba in exchange for military supplies,
                    equipment, or material, and
                      (C) the terms or conditions of any such
                    agreement.

    SEC. 109.\16\ AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS
                        GROUPS AND INTERNATIONAL OBSERVERS.

        (a) Authorization.--Notwithstanding any other provision of
    law (including section 102 of this Act), except for section
    634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1)
    and comparable notification requirements contained in any Act
    making appropriations for foreign operations, export financing,
    and related programs, the President is authorized to furnish
    assistance and provide other support for individuals and
    independent nongovernmental organizations to support democracy-
    building efforts for Cuba, including the following:
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 6039.
    ---------------------------------------------------------------------------
              (1) Published and informational matter, such as
            books, videos, and cassettes, on transitions to
            democracy, human rights, and market economies, to be
            made available to independent democratic groups in
            Cuba.
              (2) Humanitarian assistance to victims of political
            repression, and their families.
              (3) Support for democratic and human rights groups in
            Cuba.
              (4) Support for visits and permanent deployment of
            independent international human rights monitors in
            Cuba.
        (b) OAS Emergency Fund.--
              (1) For support of human rights and elections.--The
            President shall take the necessary steps to encourage
            the Organization of American States to create a special
            emergency fund for the explicit purpose of deploying
            human rights observers, election support, and election
            observation in Cuba.
              (2) Action of other member states.--The President
            should instruct the United States Permanent
            Representative to the Organization of American States
            to encourage other member states of the Organization to
            join in calling for the Cuban Government to allow the
            immediate deployment of independent human rights
            monitors of the Organization throughout Cuba and on-
            site visits to Cuba by the Inter-American Commission on
            Human Rights.
              (3) Voluntary contributions for fund.--
            Notwithstanding section 307 of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2227) or any other provision of
            law limiting the United States proportionate share of
            assistance to Cuba by any international organization,
            the President should provide not less than $5,000,000
            of the voluntary contributions of the United States to
            the Organization of American States solely for the
            purposes of the special fund referred to in paragraph
            (1).
        (c) Denial of Funds to the Cuban Government.--In
    implementing this section, the President shall take all
    necessary steps to ensure that no funds or other assistance is
    provided to the Cuban Government.

    SEC. 110.\17\ IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN PRODUCTS.

        (a) Prohibition on Import of and Dealings in Cuban
    Products.--The Congress notes that section 515.204 of title 31,
    Code of Federal Regulations, prohibits the entry of, and
    dealings outside the United States in, merchandise that--
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 6040.
    ---------------------------------------------------------------------------
              (1) is of Cuban origin;
              (2) is or has been located in or transported from or
            through Cuba; or
              (3) is made or derived in whole or in part of any
            article which is the growth, produce, or manufacture of
            Cuba.
        (b) Effect of NAFTA.--The Congress notes that United States
    accession to the North American Free Trade Agreement does not
    modify or alter the United States sanctions against Cuba. The
    statement of administrative action accompanying that trade
    agreement specifically states the following:
              (1) ``The NAFTA rules of origin will not in any way
            diminish the Cuban sanctions program. . . . Nothing in
            the NAFTA would operate to override this
            prohibition.''.
              (2) ``Article 309(3) [of the NAFTA] permits the
            United States to ensure that Cuban products or goods
            made from Cuban materials are not imported into the
            United States from Mexico or Canada and that United
            States products are not exported to Cuba through those
            countries.''.
        (c) Restriction of Sugar Imports.--The Congress notes that
    section 902(c) of the Food Security Act of 1985 (Public Law 99-
    198 requires the President not to allocate any of the sugar
    import quota to a country that is a net importer of sugar
    unless appropriate officials of that country verify to the
    President that the country does not import for reexport to the
    United States any sugar produced in Cuba.
        (d) Assurance Regarding Sugar Products.--Protection of
    essential security interests of the United States requires
    assurances that sugar products that are entered, or withdrawn
    from warehouse for consumption, into the customs territory of
    the United States are not products of Cuba.

    SEC. 111.\18\ WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES
                        SUPPORTING JURAGUA NUCLEAR PLANT IN CUBA.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 6041.
    ---------------------------------------------------------------------------
              (1) President Clinton stated in April 1993 that the
            United States opposed the construction of the Juragua
            nuclear power plant because of the concerns of the
            United States about Cuba's ability to ensure the safe
            operation of the facility and because of Cuba's refusal
            to sign the Nuclear Non-Proliferation Treaty or ratify
            the Treaty of Tlatelolco.
              (2) Cuba has not signed the Treaty on the Non-
            Proliferation of Nuclear Weapons or ratified the Treaty
            of Tlatelolco, the latter of which establishes Latin
            America and the Caribbean as a nuclear weapons-free
            zone.
              (3) The State Department, the Nuclear Regulatory
            Commission, and the Department of Energy have expressed
            concerns about the construction and operation of Cuba's
            nuclear reactors.
              (4) In a September 1992 report to the Congress, the
            General Accounting Office outlined concerns among
            nuclear energy experts about deficiencies in the
            nuclear plant project in Juragua, near Cienfuegos,
            Cuba, including--
                      (A) a lack in Cuba of a nuclear regulatory
                    structure;
                      (B) the absence in Cuba of an adequate
                    infrastructure to ensure the plant's safe
                    operation and requisite maintenance;
                      (C) the inadequacy of training of plant
                    operators;
                      (D) reports by a former technician from Cuba
                    who, by examining with x-rays weld sites
                    believed to be part of the auxiliary plumbing
                    system for the plant, found that 10 to 15
                    percent of those sites were defective;
                      (E) since September 5, 1992, when
                    construction on the plant was halted, the
                    prolonged exposure to the elements, including
                    corrosive salt water vapor, of the primary
                    reactor components; and
                      (F) the possible inadequacy of the upper
                    portion of the reactors' dome retention
                    capability to withstand only 7 pounds of
                    pressure per square inch, given that normal
                    atmospheric pressure is 32 pounds per square
                    inch and United States reactors are designed to
                    accommodate pressures of 50 pounds per square
                    inch.
              (5) The United States Geological Survey claims that
            it had difficulty determining answers to specific
            questions regarding earthquake activity in the area
            near Cienfuegos because the Cuban Government was not
            forthcoming with information.
              (6) The Geological Survey has indicated that the
            Caribbean plate, a geological formation near the south
            coast of Cuba, may pose seismic risks to Cuba and the
            site of the power plant, and may produce large to
            moderate earthquakes.
              (7) On May 25, 1992, the Caribbean plate produced an
            earthquake numbering 7.0 on the Richter scale.
              (8) According to a study by the National Oceanic and
            Atmospheric Administration, summer winds could carry
            radioactive pollutants from a nuclear accident at the
            power plant throughout all of Florida and parts of the
            States on the coast of the Gulf of Mexico as far as
            Texas, and northern winds could carry the pollutants as
            far northeast as Virginia and Washington, D.C.
              (9) The Cuban Government, under dictator Fidel
            Castro, in 1962 advocated the Soviets' launching of
            nuclear missiles to the United States, which
            represented a direct and dangerous provocation of the
            United States and brought the world to the brink of a
            nuclear conflict.
              (10) Fidel Castro over the years has consistently
            issued threats against the United States Government,
            most recently that he would unleash another perilous
            mass migration from Cuba upon the enactment of this
            Act.
              (11) Despite the various concerns about the plant's
            safety and operational problems, a feasibility study is
            being conducted that would establish a support group to
            include Russia, Cuba, and third countries with the
            objective of completing and operating the plant.
        (b) Withholding of Foreign Assistance.--
              (1) In general.--Notwithstanding any other provision
            of law, the President shall withhold from assistance
            allocated, on or after the date of the enactment of
            this Act, for any country an amount equal to the sum of
            assistance and credits, if any, provided on or after
            such date of enactment by that country or any entity in
            that country in support of the completion of the Cuban
            nuclear facility at Juragua, near Cienfuegos, Cuba.
              (2) Exceptions.--The requirement of paragraph (1) to
            withhold assistance shall not apply with respect to--
                      (A) assistance to meet urgent humanitarian
                    needs, including disaster and refugee relief;
                      (B) democratic political reform or rule of
                    law activities;
                      (C) the creation of private sector or
                    nongovernmental organizations that are
                    independent of government control;
                      (D) the development of a free market economic
                    system;
                      (E) assistance for the purposes described in
                    the Cooperative Threat Reduction Act of 1993
                    (title XII of Public Law 103-160); or
                      (F) assistance under the secondary school
                    exchange program administered by the United
                    States Information Agency.
              (3) Definition.--As used in paragraph (1), the term
            ``assistance'' means assistance under the Foreign
            Assistance Act of 1961, credits, sales, guarantees of
            extensions of credit, and other assistance under the
            Arms Export Control Act, assistance under titles I and
            III of the Agricultural Trade Development and
            Assistance Act of 1954, assistance under the FREEDOM
            Support Act, and any other program of assistance or
            credits provided by the United States to other
            countries under other provisions of law.

    SEC. 112.\19\ REINSTITUTION OF FAMILY REMITTANCES AND TRAVEL TO CUBA.

        It is the sense of the Congress that the President should--
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 6042.
    ---------------------------------------------------------------------------
              (1)(A) before considering the reinstitution of
            general licenses for family remittances to Cuba, insist
            that, prior to such reinstitution, the Cuban Government
            permit the unfettered operation of small businesses
            fully empowered with the right to hire others to whom
            they may pay wages and to buy materials necessary in
            the operation of the businesses, and with such other
            authority and freedom as are required to foster the
            operation of small businesses throughout Cuba; and
              (B) if licenses described in subparagraph (A) are
            reinstituted, require a specific license for
            remittances described in subparagraph (A) in amounts of
            more than $500; and
              (2) before considering the reinstitution of general
            licenses for travel to Cuba by individuals resident in
            the United States who are family members of Cuban
            nationals who are resident in Cuba, insist on such
            actions by the Cuban Government as abrogation of the
            sanction for departure from Cuba by refugees, release
            of political prisoners, recognition of the right of
            association, and other fundamental freedoms.

    SEC. 113.\20\ EXPULSION OF CRIMINALS FROM CUBA.

        The President shall instruct all United States Government
    officials who engage in official contacts with the Cuban
    Government to raise on a regular basis the extradition of or
    rendering to the United States all persons residing in Cuba who
    are sought by the United States Department of Justice for
    crimes committed in the United States.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 6043.
    ---------------------------------------------------------------------------

    SEC. 114.\21\ NEWS BUREAUS IN CUBA.

        (a) Establishment of News Bureaus.--The President is
    authorized to establish and implement an exchange of news
    bureaus between the United States and Cuba, if the exchange
    meets the following conditions:
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 6044.
    ---------------------------------------------------------------------------
              (1) The exchange is fully reciprocal.
              (2) The Cuban Government agrees not to interfere with
            the establishment of news bureaus or with the movement
            in Cuba of journalists of any United States-based news
            organizations, including Radio Marti and Television
            Marti.
              (3) The Cuban Government agrees not to interfere with
            decisions of United States-based news organizations
            with respect to individuals assigned to work as
            journalists in their news bureaus in Cuba.
              (4) The Department of the Treasury is able to ensure
            that only accredited journalists regularly employed
            with a news gathering organization travel to Cuba under
            this subsection.
              (5) The Cuban Government agrees not to interfere with
            the transmission of telecommunications signals of news
            bureaus or with the distribution within Cuba of
            publications of any United States-based news
            organization that has a news bureau in Cuba.
        (b) Assurance Against Espionage.--In implementing this
    section, the President shall take all necessary steps to ensure
    the safety and security of the United States against espionage
    by Cuban journalists it believes to be working for the
    intelligence agencies of the Cuban Government.
        (c) Fully Reciprocal.--As used in subsection (a)(1), the
    term ``fully reciprocal'' means that all news services, news
    organizations, and broadcasting services, including such
    services or organizations that receive financing, assistance,
    or other support from a governmental or official source, are
    permitted to establish and operate a news bureau in the United
    States and Cuba.

    SEC. 115.\22\ EFFECT OF ACT ON LAWFUL UNITED STATES GOVERNMENT
                        ACTIVITIES.

        Nothing in this Act prohibits any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency, or of an intelligence agency, of the United
    States.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 6045.
    ---------------------------------------------------------------------------

    SEC. 116.\23\ CONDEMNATION OF CUBAN ATTACK ON AMERICAN AIRCRAFT.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 6046.
    ---------------------------------------------------------------------------
              (1) Brothers to the Rescue is a Miami-based
            humanitarian organization engaged in searching for and
            aiding Cuban refugees in the Straits of Florida, and
            was engaged in such a mission on Saturday, February 24,
            1996.
              (2) The members of Brothers to the Rescue were flying
            unarmed and defenseless planes in a mission identical
            to hundreds they have flown since 1991 and posed no
            threat whatsoever to the Cuban Government, the Cuban
            military, or the Cuban people.
              (3) Statements by the Cuban Government that Brothers
            to the Rescue has engaged in covert operations, bombing
            campaigns, and commando operations against the
            Government of Cuba have no basis in fact.
              (4) The Brothers to the Rescue aircraft notified air
            traffic controllers as to their flight plans, which
            would take them south of the 24th parallel and close to
            Cuban airspace.
              (5) International law provides a nation with airspace
            over the 12-mile territorial sea.
              (6) The response of Fidel Castro's dictatorship to
            Saturday's afternoon flight was to scramble 2 fighter
            jets from a Havana airfield.
              (7) At approximately 3:24 p.m., the pilot of one of
            the Cuban MiGs received permission and proceeded to
            shoot down one Brothers to the Rescue airplane more
            than 6 miles north of the Cuban exclusion zone, or 18
            miles from the Cuban coast.
              (8) Approximately 7 minutes later, the pilot of the
            Cuban fighter jet received permission and proceeded to
            shoot down the second Brothers to the Rescue airplane
            almost 18.5 miles north of the Cuban exclusion zone, or
            30.5 miles from the Cuban coast.
              (9) The Cuban dictatorship, if it truly felt
            threatened by the flight of these unarmed aircraft,
            could have and should have pursued other peaceful
            options as required by international law.
              (10) The response chosen by Fidel Castro, the use of
            lethal force, was completely inappropriate to the
            situation presented to the Cuban Government, making
            such actions a blatant and barbaric violation of
            international law and tantamount to cold-blooded
            murder.
              (11) There were no survivors of the attack on these
            aircraft, and the crew of a third aircraft managed to
            escape this criminal attack by Castro's Air Force.
              (12) The crew members of the destroyed planes, Pablo
            Morales, Carlos Costa, Mario de la Pena, and Armando
            Alejandre, were United States citizens from Miami
            flying with Brothers to the Rescue on a voluntary
            basis.
              (13) It is incumbent upon the United States
            Government to protect the lives and livelihoods of
            United States citizens as well as the rights of free
            passage and humanitarian missions.
              (14) This premeditated act took place after a week-
            long wave of repression by the Cuban Government against
            Concilio Cubano, an umbrella organization of human
            rights activists, dissidents, independent economists,
            and independent journalists, among others.
              (15) The wave of repression against Concilio Cubano,
            whose membership is committed to peaceful democratic
            change in Cuba, included arrests, strip searches, house
            arrests, and in some cases sentences to more than 1
            year in jail.
        (b) Statements by the Congress.--(1) The Congress strongly
    condemns the act of terrorism by the Castro regime in shooting
    down the Brothers to the Rescue aircraft on February 24, 1996.
        (2) The Congress extends its condolences to the families of
    Pablo Morales, Carlos Costa, Mario de la Pena, and Armando
    Alejandre, the victims of the attack.
        (3) The Congress urges the President to seek, in the
    International Court of Justice, indictment for this act of
    terrorism by Fidel Castro.

              TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

    SEC. 201.\24\ POLICY TOWARD A TRANSITION GOVERNMENT AND A
                        DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.

        The policy of the United States is as follows:
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 6061.
    ---------------------------------------------------------------------------
              (1) To support the self-determination of the Cuban
            people.
              (2) To recognize that the self-determination of the
            Cuban people is a sovereign and national right of the
            citizens of Cuba which must be exercised free of
            interference by the government of any other country.
              (3) To encourage the Cuban people to empower
            themselves with a government which reflects the self-
            determination of the Cuban people.
              (4) To recognize the potential for a difficult
            transition from the current regime in Cuba that may
            result from the initiatives taken by the Cuban people
            for self-determination in response to the intransigence
            of the Castro regime in not allowing any substantive
            political or economic reforms, and to be prepared to
            provide the Cuban people with humanitarian,
            developmental, and other economic assistance.
              (5) In solidarity with the Cuban people, to provide
            appropriate forms of assistance--
                      (A) to a transition government in Cuba;
                      (B) to facilitate the rapid movement from
                    such a transition government to a
                    democratically elected government in Cuba that
                    results from an expression of the self-
                    determination of the Cuban people; and
                      (C) to support such a democratically elected
                    government.
              (6) Through such assistance, to facilitate a peaceful
            transition to representative democracy and a market
            economy in Cuba and to consolidate democracy in Cuba.
              (7) To deliver such assistance to the Cuban people
            only through a transition government in Cuba, through a
            democratically elected government in Cuba, through
            United States Government organizations, or through
            United States, international, or indigenous
            nongovernmental organizations.
              (8) To encourage other countries and multilateral
            organizations to provide similar assistance, and to
            work cooperatively with such countries and
            organizations to coordinate such assistance.
              (9) To ensure that appropriate assistance is rapidly
            provided and distributed to the people of Cuba upon the
            institution of a transition government in Cuba.
              (10) Not to provide favorable treatment or influence
            on behalf of any individual or entity in the selection
            by the Cuban people of their future government.
              (11) To assist a transition government in Cuba and a
            democratically elected government in Cuba to prepare
            the Cuban military forces for an appropriate role in a
            democracy.
              (12) To be prepared to enter into negotiations with a
            democratically elected government in Cuba either to
            return the United States Naval Base at Guantanamo to
            Cuba or to renegotiate the present agreement under
            mutually agreeable terms.
              (13) To consider the restoration of diplomatic
            recognition and support the reintegration of the Cuban
            Government into Inter-American organizations when the
            President determines that there exists a democratically
            elected government in Cuba.
              (14) To take steps to remove the economic embargo of
            Cuba when the President determines that a transition to
            a democratically elected government in Cuba has begun.
              (15) To assist a democratically elected government in
            Cuba to strengthen and stabilize its national currency.
              (16) To pursue trade relations with a free,
            democratic, and independent Cuba.

    SEC. 202.\25\ ASSISTANCE FOR THE CUBAN PEOPLE.

        (a) Authorization.--
              (1) In general.--The President shall develop a plan
            for providing economic assistance to Cuba at such time
            as the President determines that a transition
            government or a democratically elected government in
            Cuba (as determined under section 203(c)) is in power.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 6062.
    ---------------------------------------------------------------------------
              (2) Effect on other laws.--Assistance may be provided
            under this section subject to an authorization of
            appropriations and subject to the availability of
            appropriations.
        (b) Plan for Assistance.--
              (1) Development of plan.--The President shall develop
            a plan for providing assistance under this section--
                      (A) to Cuba when a transition government in
                    Cuba is in power; and
                      (B) to Cuba when a democratically elected
                    government in Cuba is in power.
              (2) Types of assistance.--Assistance under the plan
            developed under paragraph (1) may, subject to an
            authorization of appropriations and subject to the
            availability of appropriations, include the following:
                      (A) Transition government.--(i) Except as
                    provided in clause (ii), assistance to Cuba
                    under a transition government shall, subject to
                    an authorization of appropriations and subject
                    to the availability of appropriations, be
                    limited to--
                              (I) such food, medicine, medical
                            supplies and equipment, and assistance
                            to meet emergency energy needs, as is
                            necessary to meet the basic human needs
                            of the Cuban people; and
                              (II) assistance described in
                            subparagraph (C).
                      (ii) Assistance in addition to assistance
                    under clause (i) may be provided, but only
                    after the President certifies to the
                    appropriate congressional committees, in
                    accordance with procedures applicable to
                    reprogramming notifications under section 634A
                    of the Foreign Assistance Act of 1961, that
                    such assistance is essential to the successful
                    completion of the transition to democracy.
                      (iii) Only after a transition government in
                    Cuba is in power, freedom of individuals to
                    travel to visit their relatives without any
                    restrictions shall be permitted.
                      (B) Democratically elected government.--
                    Assistance to a democratically elected
                    government in Cuba may, subject to an
                    authorization of appropriations and subject to
                    the availability of appropriations, consist of
                    economic assistance in addition to assistance
                    available under subparagraph (A), together with
                    assistance described in subparagraph (C). Such
                    economic assistance may include--
                              (i) assistance under chapter 1 of
                            part I (relating to development
                            assistance), and chapter 4 of part II
                            (relating to the economic support
                            fund), of the Foreign Assistance Act of
                            1961;
                              (ii) assistance under the
                            Agricultural Trade Development and
                            Assistance Act of 1954;
                              (iii) financing, guarantees, and
                            other forms of assistance provided by
                            the Export-Import Bank of the United
                            States;
                              (iv) financial support provided by
                            the Overseas Private Investment
                            Corporation for investment projects in
                            Cuba;
                              (v) assistance provided by the Trade
                            and Development Agency;
                              (vi) Peace Corps programs; and
                              (vii) other appropriate assistance to
                            carry out the policy of section 201.
                      (C) Military adjustment assistance.--
                    Assistance to a transition government in Cuba
                    and to a democratically elected government in
                    Cuba shall also include assistance in preparing
                    the Cuban military forces to adjust to an
                    appropriate role in a democracy.
        (c) Strategy for Distribution.--The plan developed under
    subsection (b) shall include a strategy for distributing
    assistance under the plan.
        (d) Distribution.--Assistance under the plan developed
    under subsection (b) shall be provided through United States
    Government organizations and nongovernmental organizations and
    private and voluntary organizations, whether within or outside
    the United States, including humanitarian, educational, labor,
    and private sector organizations.
        (e) International Efforts.--The President shall take the
    necessary steps--
              (1) to seek to obtain the agreement of other
            countries and of international financial institutions
            and multilateral organizations to provide to a
            transition government in Cuba, and to a democratically
            elected government in Cuba, assistance comparable to
            that provided by the United States under this Act; and
              (2) to work with such countries, institutions, and
            organizations to coordinate all such assistance
            programs.
        (f) Communication With the Cuban People.--The President
    shall take the necessary steps to communicate to the Cuban
    people the plan for assistance developed under this section.
        (g) \26\ Report to Congress.--Not later than 180 days after
    the date of the enactment of this Act, the President shall
    transmit to the appropriate congressional committees a report
    describing in detail the plan developed under this section.
    ---------------------------------------------------------------------------
        \26\ The President submitted ``Support for a Democratic Transition
    in Cuba: Report to the Congress'' to the House Committees on
    Appropriations and International Relations, and the Senate Committees
    on Appropriations and Foreign Relations, on January 28, 1997.
    ---------------------------------------------------------------------------
        (h) Report on Trade and Investment Relations.--
              (1) Report to congress.--The President, following the
            transmittal to the Congress of a determination under
            section 203(c)(3) that a democratically elected
            government in Cuba is in power, shall submit to the
            Committee on Ways and Means of the House of
            Representatives and the Committee on Finance of the
            Senate and the appropriate congressional committees a
            report that describes--
                      (A) acts, policies, and practices which
                    constitute significant barriers to, or
                    distortions of, United States trade in goods or
                    services or foreign direct investment with
                    respect to Cuba;
                      (B) policy objectives of the United States
                    regarding trade relations with a democratically
                    elected government in Cuba, and the reasons
                    therefor, including possible--
                              (i) reciprocal extension of
                            nondiscriminatory trade treatment
                            (most-favored-nation treatment);
                              (ii) designation of Cuba as a
                            beneficiary developing country under
                            title V of the Trade Act of 1974
                            (relating to the Generalized System of
                            Preferences) or as a beneficiary
                            country under the Caribbean Basin
                            Economic Recovery Act, and the
                            implications of such designation with
                            respect to trade with any other country
                            that is such a beneficiary developing
                            country or beneficiary country or is a
                            party to the North American Free Trade
                            Agreement; and
                              (iii) negotiations regarding free
                            trade, including the accession of Cuba
                            to the North American Free Trade
                            Agreement;
                      (C) specific trade negotiating objectives of
                    the United States with respect to Cuba,
                    including the objectives described in section
                    108(b)(5) of the North American Free Trade
                    Agreement Implementation Act (19 U.S.C.
                    3317(b)(5)); and
                      (D) actions proposed or anticipated to be
                    undertaken, and any proposed legislation
                    necessary or appropriate, to achieve any of
                    such policy and negotiating objectives.
              (2) Consultation.--The President shall consult with
            the Committee on Ways and Means of the House of
            Representatives and the Committee on Finance of the
            Senate and the appropriate congressional committees and
            shall seek advice from the appropriate advisory
            committees established under section 135 of the Trade
            Act of 1974 regarding the policy and negotiating
            objectives and the legislative proposals described in
            paragraph (1).

    SEC. 203.\27\ COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND
                        REPORTS TO CONGRESS; REPROGRAMMING.

        (a) Coordinating Official.--The President shall designate a
    coordinating official who shall be responsible for--
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 6063.
    ---------------------------------------------------------------------------
              (1) implementing the strategy for distributing
            assistance described in section 202(b);
              (2) ensuring the speedy and efficient distribution of
            such assistance; and
              (3) ensuring coordination among, and appropriate
            oversight by, the agencies of the United States that
            provide assistance described in section 202(b),
            including resolving any disputes among such agencies.
        (b) United States-Cuba Council.--Upon making a
    determination under subsection (c)(3) that a democratically
    elected government in Cuba is in power, the President, after
    consultation with the coordinating official, is authorized to
    designate a United States-Cuba council--
              (1) to ensure coordination between the United States
            Government and the private sector in responding to
            change in Cuba, and in promoting market-based
            development in Cuba; and
              (2) to establish periodic meetings between
            representatives of the United States and Cuban private
            sectors for the purpose of facilitating bilateral
            trade.
        (c) Implementation of Plan; Reports to Congress.--
              (1) Implementation with respect to transition
            government.--Upon making a determination that a
            transition government in Cuba is in power, the
            President shall transmit that determination to the
            appropriate congressional committees and shall, subject
            to an authorization of appropriations and subject to
            the availability of appropriations, commence the
            delivery and distribution of assistance to such
            transition government under the plan developed under
            section 202(b).
              (2) Reports to congress.--(A) The President shall
            transmit to the appropriate congressional committees a
            report setting forth the strategy for providing
            assistance described in section 202(b)(2) (A) and (C)
            to the transition government in Cuba under the plan of
            assistance developed under section 202(b), the types of
            such assistance, and the extent to which such
            assistance has been distributed in accordance with the
            plan.
              (B) The President shall transmit the report not later
            than 90 days after making the determination referred to
            in paragraph (1), except that the President shall
            transmit the report in preliminary form not later than
            15 days after making that determination.
              (3) Implementation with respect to democratically
            elected government.--The President shall, upon
            determining that a democratically elected government in
            Cuba is in power, submit that determination to the
            appropriate congressional committees and shall, subject
            to an authorization of appropriations and subject to
            the availability of appropriations, commence the
            delivery and distribution of assistance to such
            democratically elected government under the plan
            developed under section 202(b).
              (4) Annual reports to congress.--Not later than 60
            days after the end of each fiscal year, the President
            shall transmit to the appropriate congressional
            committees a report on the assistance provided under
            the plan developed under section 202(b), including a
            description of each type of assistance, the amounts
            expended for such assistance, and a description of the
            assistance to be provided under the plan in the current
            fiscal year.
        (d) Reprogramming.--Any changes in the assistance to be
    provided under the plan developed under section 202(b) may not
    be made unless the President notifies the appropriate
    congressional committees at least 15 days in advance in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2394-1).

    SEC. 204.\28\ TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

        (a) Presidential Actions.--Upon submitting a determination
    to the appropriate congressional committees under section
    203(c)(1) that a transition government in Cuba is in power, the
    President, after consultation with the Congress, is authorized
    to take steps to suspend the economic embargo of Cuba and to
    suspend the right of action created in section 302 with respect
    to actions thereafter filed against the Cuban Government, to
    the extent that such steps contribute to a stable foundation
    for a democratically elected government in Cuba.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 6064.
    ---------------------------------------------------------------------------
        (b) Suspension of Certain Provisions of Law.--In carrying
    out subsection (a), the President may suspend the enforcement
    of--
              (1) section 620(a) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2370(a));
              (2) section 620(f) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2370(f)) with respect to the ``Republic
            of Cuba'';
              (3) sections 1704, 1705(d), and 1706 of the Cuban
            Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and
            6005);
              (4) section 902(c) of the Food Security Act of 1985;
            and
              (5) the prohibitions on transactions described in
            part 515 of title 31, Code of Federal Regulations.
        (c) Additional Presidential Actions.--Upon submitting a
    determination to the appropriate congressional committees under
    section 203(c)(3) that a democratically elected government in
    Cuba is in power, the President shall take steps to terminate
    the economic embargo of Cuba, including the restrictions under
    part 515 of title 31, Code of Federal Regulations.
        (d) Conforming Amendments.--On the date on which the
    President submits a determination under section 203(c)(3)--
              (1) section 620(a) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2370(a)) is repealed;
              (2) section 620(f) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2370(f)) is amended by striking
            ``Republic of Cuba'';
              (3) sections 1704, 1705(d), and 1706 of the Cuban
            Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and
            6005) are repealed; and
              (4) section 902(c) of the Food Security Act of 1985
            is repealed.\29\
    ---------------------------------------------------------------------------
        \29\ 7 U.S.C. 1446g note.
    ---------------------------------------------------------------------------
        (e) Review of Suspension of Economic Embargo.--
              (1) Review.--If the President takes action under
            subsection (a) to suspend the economic embargo of Cuba,
            the President shall immediately so notify the Congress.
            The President shall report to the Congress no less
            frequently than every 6 months thereafter, until he
            submits a determination under section 203(c)(3) that a
            democratically elected government in Cuba is in power,
            on the progress being made by Cuba toward the
            establishment of such a democratically elected
            government. The action of the President under
            subsection (a) shall cease to be effective upon the
            enactment of a joint resolution described in paragraph
            (2).
              (2) Joint resolutions.--For purposes of this
            subsection, the term ``joint resolution'' means only a
            joint resolution of the 2 Houses of Congress, the
            matter after the resolving clause of which is as
            follows: ``That the Congress disapproves the action of
            the President under section 204(a) of the Cuban Liberty
            and Democratic Solidarity (LIBERTAD) Act of 1996 to
            suspend the economic embargo of Cuba, notice of which
            was submitted to the Congress on ____.'', with the
            blank space being filled with the appropriate date.
              (3) Referral to committees.--Joint resolutions
            introduced in the House of Representatives shall be
            referred to the Committee on International Relations
            and joint resolutions introduced in the Senate shall be
            referred to the Committee on Foreign Relations.
              (4) Procedures.--(A) Any joint resolution shall be
            considered in the Senate in accordance with the
            provisions of section 601(b) of the International
            Security Assistance and Arms Export Control Act of
            1976.
              (B) For the purpose of expediting the consideration
            and enactment of joint resolutions, a motion to proceed
            to the consideration of any joint resolution after it
            has been reported by the appropriate committee shall be
            treated as highly privileged in the House of
            Representatives.
              (C) Not more than 1 joint resolution may be
            considered in the House of Representatives and the
            Senate in the 6-month period beginning on the date on
            which the President notifies the Congress under
            paragraph (1) of the action taken under subsection (a),
            and in each 6-month period thereafter.

    SEC. 205.\30\ REQUIREMENTS AND FACTORS FOR DETERMINING A TRANSITION
                        GOVERNMENT.

        (a) Requirements.--For the purposes of this Act, a
    transition government in Cuba is a government that--
    ---------------------------------------------------------------------------
        \30\ 22 U.S.C. 6065.
    ---------------------------------------------------------------------------
              (1) has legalized all political activity;
              (2) has released all political prisoners and allowed
            for investigations of Cuban prisons by appropriate
            international human rights organizations;
              (3) has dissolved the present Department of State
            Security in the Cuban Ministry of the Interior,
            including the Committees for the Defense of the
            Revolution and the Rapid Response Brigades; and
              (4) has made public commitments to organizing free
            and fair elections for a new government--
                      (A) to be held in a timely manner within a
                    period not to exceed 18 months after the
                    transition government assumes power;
                      (B) with the participation of multiple
                    independent political parties that have full
                    access to the media on an equal basis,
                    including (in the case of radio, television, or
                    other telecommunications media) in terms of
                    allotments of time for such access and the
                    times of day such allotments are given; and
                      (C) to be conducted under the supervision of
                    internationally recognized observers, such as
                    the Organization of American States, the United
                    Nations, and other election monitors;
              (5) has ceased any interference with Radio Marti or
            Television Marti broadcasts;
              (6) makes public commitments to and is making
            demonstrable progress in--
                      (A) establishing an independent judiciary;
                      (B) respecting internationally recognized
                    human rights and basic freedoms as set forth in
                    the Universal Declaration of Human Rights, to
                    which Cuba is a signatory nation;
                      (C) allowing the establishment of independent
                    trade unions as set forth in conventions 87 and
                    98 of the International Labor Organization, and
                    allowing the establishment of independent
                    social, economic, and political associations;
              (7) does not include Fidel Castro or Raul Castro; and
              (8) has given adequate assurances that it will allow
            the speedy and efficient distribution of assistance to
            the Cuban people.
        (b) Additional Factors.--In addition to the requirements in
    subsection (a), in determining whether a transition government
    in Cuba is in power, the President shall take into account the
    extent to which that government--
              (1) is demonstrably in transition from a communist
            totalitarian dictatorship to representative democracy;
              (2) has made public commitments to, and is making
            demonstrable progress in--
                      (A) effectively guaranteeing the rights of
                    free speech and freedom of the press, including
                    granting permits to privately owned media and
                    telecommunications companies to operate in
                    Cuba;
                      (B) permitting the reinstatement of
                    citizenship to Cuban-born persons returning to
                    Cuba;
                      (C) assuring the right to private property;
                    and
                      (D) taking appropriate steps to return to
                    United States citizens (and entities which are
                    50 percent or more beneficially owned by United
                    States citizens) property taken by the Cuban
                    Government from such citizens and entities on
                    or after January 1, 1959, or to provide
                    equitable compensation to such citizens and
                    entities for such property;
              (3) has extradited or otherwise rendered to the
            United States all persons sought by the United States
            Department of Justice for crimes committed in the
            United States; and
              (4) has permitted the deployment throughout Cuba of
            independent and unfettered international human rights
            monitors.

    SEC. 206.\31\ REQUIREMENTS FOR DETERMINING A DEMOCRATICALLY ELECTED
                        GOVERNMENT.

        For purposes of this Act, a democratically elected
    government in Cuba, in addition to meeting the requirements of
    section 205(a), is a government which--
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 6066.
    ---------------------------------------------------------------------------
              (1) results from free and fair elections--
                      (A) conducted under the supervision of
                    internationally recognized observers; and
                      (B) in which--
                              (i) opposition parties were permitted
                            ample time to organize and campaign for
                            such elections; and
                              (ii) all candidates were permitted
                            full access to the media;
              (2) is showing respect for the basic civil liberties
            and human rights of the citizens of Cuba;
              (3) is substantially moving toward a market-oriented
            economic system based on the right to own and enjoy
            property;
              (4) is committed to making constitutional changes
            that would ensure regular free and fair elections and
            the full enjoyment of basic civil liberties and human
            rights by the citizens of Cuba;
              (5) has made demonstrable progress in establishing an
            independent judiciary; and
              (6) has made demonstrable progress in returning to
            United States citizens (and entities which are 50
            percent or more beneficially owned by United States
            citizens) property taken by the Cuban Government from
            such citizens and entities on or after January 1, 1959,
            or providing full compensation for such property in
            accordance with international law standards and
            practice.

    SEC. 207.\32\ SETTLEMENT OF OUTSTANDING UNITED STATES CLAIMS TO
                        CONFISCATED PROPERTY IN CUBA.

        (a) Report to Congress.--Not later than 180 days after the
    date of the enactment of this Act, the Secretary of State shall
    provide a report to the appropriate congressional committees
    containing an assessment of the property dispute question in
    Cuba, including--
    ---------------------------------------------------------------------------
        \32\ 22 U.S.C. 6067. The Department of State submitted a report on
    September 27, 1996, in accordance with this section.
    ---------------------------------------------------------------------------
              (1) an estimate of the number and amount of claims to
            property confiscated by the Cuban Government that are
            held by United States nationals in addition to those
            claims certified under section 507 of the International
            Claims Settlement Act of 1949;
              (2) an assessment of the significance of promptly
            resolving confiscated property claims to the
            revitalization of the Cuban economy;
              (3) a review and evaluation of technical and other
            assistance that the United States could provide to help
            either a transition government in Cuba or a
            democratically elected government in Cuba establish
            mechanisms to resolve property questions;
              (4) an assessment of the role and types of support
            the United States could provide to help resolve claims
            to property confiscated by the Cuban Government that
            are held by United States nationals who did not receive
            or qualify for certification under section 507 of the
            International Claims Settlement Act of 1949; and
              (5) an assessment of any areas requiring legislative
            review or action regarding the resolution of property
            claims in Cuba prior to a change of government in Cuba.
        (b) Sense of Congress.--It is the sense of the Congress
    that the satisfactory resolution of property claims by a Cuban
    Government recognized by the United States remains an essential
    condition for the full resumption of economic and diplomatic
    relations between the United States and Cuba.

      TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS

    SEC. 301.\33\ FINDINGS.

        The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \33\ 22 U.S.C. 6081.
    ---------------------------------------------------------------------------
              (1) Individuals enjoy a fundamental right to own and
            enjoy property which is enshrined in the United States
            Constitution.
              (2) The wrongful confiscation or taking of property
            belonging to United States nationals by the Cuban
            Government, and the subsequent exploitation of this
            property at the expense of the rightful owner,
            undermines the comity of nations, the free flow of
            commerce, and economic development.
              (3) Since Fidel Castro seized power in Cuba in 1959--
                      (A) he has trampled on the fundamental rights
                    of the Cuban people; and
                      (B) through his personal despotism, he has
                    confiscated the property of--
                              (i) millions of his own citizens;
                              (ii) thousands of United States
                            nationals; and
                              (iii) thousands more Cubans who
                            claimed asylum in the United States as
                            refugees because of persecution and
                            later became naturalized citizens of
                            the United States.
              (4) It is in the interest of the Cuban people that
            the Cuban Government respect equally the property
            rights of Cuban nationals and nationals of other
            countries.
              (5) The Cuban Government is offering foreign
            investors the opportunity to purchase an equity
            interest in, manage, or enter into joint ventures using
            property and assets some of which were confiscated from
            United States nationals.
              (6) This ``trafficking'' in confiscated property
            provides badly needed financial benefit, including hard
            currency, oil, and productive investment and expertise,
            to the current Cuban Government and thus undermines the
            foreign policy of the United States--
                      (A) to bring democratic institutions to Cuba
                    through the pressure of a general economic
                    embargo at a time when the Castro regime has
                    proven to be vulnerable to international
                    economic pressure; and
                      (B) to protect the claims of United States
                    nationals who had property wrongfully
                    confiscated by the Cuban Government.
              (7) The United States Department of State has
            notified other governments that the transfer to third
            parties of properties confiscated by the Cuban
            Government ``would complicate any attempt to return
            them to their original owners''.
              (8) The international judicial system, as currently
            structured, lacks fully effective remedies for the
            wrongful confiscation of property and for unjust
            enrichment from the use of wrongfully confiscated
            property by governments and private entities at the
            expense of the rightful owners of the property.
              (9) International law recognizes that a nation has
            the ability to provide for rules of law with respect to
            conduct outside its territory that has or is intended
            to have substantial effect within its territory.
              (10) The United States Government has an obligation
            to its citizens to provide protection against wrongful
            confiscations by foreign nations and their citizens,
            including the provision of private remedies.
              (11) To deter trafficking in wrongfully confiscated
            property, United States nationals who were the victims
            of these confiscations should be endowed with a
            judicial remedy in the courts of the United States that
            would deny traffickers any profits from economically
            exploiting Castro's wrongful seizures.

    SEC. 302.\34\ LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED
                        BY UNITED STATES NATIONALS.

        (a) Civil Remedy.--
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 6082.
    ---------------------------------------------------------------------------
              (1) Liability for trafficking.--(A) Except as
            otherwise provided in this section, any person that,
            after the end of the 3-month period beginning on the
            effective date of this title, traffics in property
            which was confiscated by the Cuban Government on or
            after January 1, 1959, shall be liable to any United
            States national who owns the claim to such property for
            money damages in an amount equal to the sum of--
                      (i) the amount which is the greater of--
                              (I) the amount, if any, certified to
                            the claimant by the Foreign Claims
                            Settlement Commission under the
                            International Claims Settlement Act of
                            1949, plus interest;
                              (II) the amount determined under
                            section 303(a)(2), plus interest; or
                              (III) the fair market value of that
                            property, calculated as being either
                            the current value of the property, or
                            the value of the property when
                            confiscated plus interest, whichever is
                            greater; and
                      (ii) court costs and reasonable attorneys'
                    fees.
              (B) Interest under subparagraph (A)(i) shall be at
            the rate set forth in section 1961 of title 28, United
            States Code, computed by the court from the date of
            confiscation of the property involved to the date on
            which the action is brought under this subsection.
              (2) Presumption in favor of the certified claims.--
            There shall be a presumption that the amount for which
            a person is liable under clause (i) of paragraph (1)(A)
            is the amount that is certified as described in
            subclause (I) of that clause. The presumption shall be
            rebuttable by clear and convincing evidence that the
            amount described in subclause (II) or (III) of that
            clause is the appropriate amount of liability under
            that clause.
              (3) Increased liability.--(A) Any person that
            traffics in confiscated property for which liability is
            incurred under paragraph (1) shall, if a United States
            national owns a claim with respect to that property
            which was certified by the Foreign Claims Settlement
            Commission under title V of the International Claims
            Settlement Act of 1949, be liable for damages computed
            in accordance with subparagraph (C).
              (B) If the claimant in an action under this
            subsection (other than a United States national to whom
            subparagraph (A) applies) provides, after the end of
            the 3-month period described in paragraph (1) notice
            to--
                      (i) a person against whom the action is to be
                    initiated, or
                      (ii) a person who is to be joined as a
                    defendant in the action,
            at least 30 days before initiating the action or
            joining such person as a defendant, as the case may be,
            and that person, after the end of the 30-day period
            beginning on the date the notice is provided, traffics
            in the confiscated property that is the subject of the
            action, then that person shall be liable to that
            claimant for damages computed in accordance with
            subparagraph (C).
              (C) Damages for which a person is liable under
            subparagraph (A) or subparagraph (B) are money damages
            in an amount equal to the sum of--
                      (i) the amount determined under paragraph
                    (1)(A)(ii), and
                      (ii) 3 times the amount determined applicable
                    under paragraph (1)(A)(i).
              (D) Notice to a person under subparagraph (B)--
                      (i) shall be in writing;
                      (ii) shall be posted by certified mail or
                    personally delivered to the person; and
                      (iii) shall contain--
                              (I) a statement of intention to
                            commence the action under this section
                            or to join the person as a defendant
                            (as the case may be), together with the
                            reasons therefor;
                              (II) a demand that the unlawful
                            trafficking in the claimant's property
                            cease immediately; and
                              (III) a copy of the summary statement
                            published under paragraph (8).
              (4) Applicability.--(A) Except as otherwise provided
            in this paragraph, actions may be brought under
            paragraph (1) with respect to property confiscated
            before, on, or after the date of the enactment of this
            Act.
              (B) In the case of property confiscated before the
            date of the enactment of this Act, a United States
            national may not bring an action under this section on
            a claim to the confiscated property unless such
            national acquires ownership of the claim before such
            date of enactment.
              (C) In the case of property confiscated on or after
            the date of the enactment of this Act, a United States
            national who, after the property is confiscated,
            acquires ownership of a claim to the property by
            assignment for value, may not bring an action on the
            claim under this section.
              (5) Treatment of certain actions.--(A) In the case of
            a United States national who was eligible to file a
            claim with the Foreign Claims Settlement Commission
            under title V of the International Claims Settlement
            Act of 1949 but did not so file the claim, that United
            States national may not bring an action on that claim
            under this section.
              (B) In the case of any action brought under this
            section by a United States national whose underlying
            claim in the action was timely filed with the Foreign
            Claims Settlement Commission under title V of the
            International Claims Settlement Act of 1949 but was
            denied by the Commission, the court shall accept the
            findings of the Commission on the claim as conclusive
            in the action under this section.
              (C) A United States national, other than a United
            States national bringing an action under this section
            on a claim certified under title V of the International
            Claims Settlement Act of 1949, may not bring an action
            on a claim under this section before the end of the 2-
            year period beginning on the date of the enactment of
            this Act.
              (D) An interest in property for which a United States
            national has a claim certified under title V of the
            International Claims Settlement Act of 1949 may not be
            the subject of a claim in an action under this section
            by any other person. Any person bringing an action
            under this section whose claim has not been so
            certified shall have the burden of establishing for the
            court that the interest in property that is the subject
            of the claim is not the subject of a claim so
            certified.
              (6) Inapplicability of act of state doctrine.--No
            court of the United States shall decline, based upon
            the act of state doctrine, to make a determination on
            the merits in an action brought under paragraph (1).
              (7) Licenses not required.--(A) Notwithstanding any
            other provision of law, an action under this section
            may be brought and may be settled, and a judgment
            rendered in such action may be enforced, without
            obtaining any license or other permission from any
            agency of the United States, except that this paragraph
            shall not apply to the execution of a judgment against,
            or the settlement of actions involving, property
            blocked under the authorities of section 5(b) of the
            Trading with the Enemy Act that were being exercised on
            July 1, 1977, as a result of a national emergency
            declared by the President before such date, and are
            being exercised on the date of the enactment of this
            Act.
              (B) Notwithstanding any other provision of law, and
            for purposes of this title only, any claim against the
            Cuban Government shall not be deemed to be an interest
            in property the transfer of which to a United States
            national required before the enactment of this Act, or
            requires after the enactment of this Act, a license
            issued by, or the permission of, any agency of the
            United States.
              (8) \35\ Publication by attorney general.--Not later
            than 60 days after the date of the enactment of this
            Act, the Attorney General shall prepare and publish in
            the Federal Register a concise summary of the
            provisions of this title, including a statement of the
            liability under this title of a person trafficking in
            confiscated property, and the remedies available to
            United States nationals under this title.
    ---------------------------------------------------------------------------
        \35\ The Department of Justice published a summary of title III in
    AG Order No. 2029-96, effective May 17, 1996 (61 F.R. 24955).
    ---------------------------------------------------------------------------
        (b) Amount in Controversy.--An action may be brought under
    this section by a United States national only where the amount
    in controversy exceeds the sum or value of $50,000, exclusive
    of interest, costs, and attorneys' fees. In calculating $50,000
    for purposes of the preceding sentence, the applicable amount
    under subclause (I), (II), or (III) of subsection (a)(1)(A)(i)
    may not be tripled as provided in subsection (a)(3).
        (c) Procedural Requirements.--
              (1) In general.--Except as provided in this title,
            the provisions of title 28, United States Code, and the
            rules of the courts of the United States apply to
            actions under this section to the same extent as such
            provisions and rules apply to any other action brought
            under section 1331 of title 28, United States Code.
              (2) Service of process.--In an action under this
            section, service of process on an agency or
            instrumentality of a foreign state in the conduct of a
            commercial activity, or against individuals acting
            under color of law, shall be made in accordance with
            section 1608 of title 28, United States Code.
        (d) Enforceability of Judgments Against Cuban Government.--
    In an action brought under this section, any judgment against
    an agency or instrumentality of the Cuban Government shall not
    be enforceable against an agency or instrumentality of either a
    transition government in Cuba or a democratically elected
    government in Cuba.
        (e) Certain Property Immune From Execution.--Section 1611
    of title 28, United States Code, is amended by adding at the
    end the following new subsection:
        ``(c) Notwithstanding the provisions of section 1610 of
    this chapter, the property of a foreign state shall be immune
    from attachment and from execution in an action brought under
    section 302 of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 to the extent that the property is a
    facility or installation used by an accredited diplomatic
    mission for official purposes.''.
        (f) Election of Remedies.--
              (1) Election.--Subject to paragraph (2)--
                      (A) any United States national that brings an
                    action under this section may not bring any
                    other civil action or proceeding under the
                    common law, Federal law, or the law of any of
                    the several States, the District of Columbia,
                    or any commonwealth, territory, or possession
                    of the United States, that seeks monetary or
                    nonmonetary compensation by reason of the same
                    subject matter; and
                      (B) any person who brings, under the common
                    law or any provision of law other than this
                    section, a civil action or proceeding for
                    monetary or nonmonetary compensation arising
                    out of a claim for which an action would
                    otherwise be cognizable under this section may
                    not bring an action under this section on that
                    claim.
              (2) Treatment of certified claimants.--(A) In the
            case of any United States national that brings an
            action under this section based on a claim certified
            under title V of the International Claims Settlement
            Act of 1949--
                      (i) if the recovery in the action is equal to
                    or greater than the amount of the certified
                    claim, the United States national may not
                    receive payment on the claim under any
                    agreement entered into between the United
                    States and Cuba settling claims covered by such
                    title, and such national shall be deemed to
                    have discharged the United States from any
                    further responsibility to represent the United
                    States national with respect to that claim;
                      (ii) if the recovery in the action is less
                    than the amount of the certified claim, the
                    United States national may receive payment
                    under a claims agreement described in clause
                    (i) but only to the extent of the difference
                    between the amount of the recovery and the
                    amount of the certified claim; and
                      (iii) if there is no recovery in the action,
                    the United States national may receive payment
                    on the certified claim under a claims agreement
                    described in clause (i) to the same extent as
                    any certified claimant who does not bring an
                    action under this section.
              (B) In the event some or all actions brought under
            this section are consolidated by judicial or other
            action in such manner as to create a pool of assets
            available to satisfy the claims in such actions,
            including a pool of assets in a proceeding in
            bankruptcy, every claimant whose claim in an action so
            consolidated was certified by the Foreign Claims
            Settlement Commission under title V of the
            International Claims Settlement Act of 1949 shall be
            entitled to payment in full of its claim from the
            assets in such pool before any payment is made from the
            assets in such pool with respect to any claim not so
            certified.
        (g) Deposit of Excess Payments by Cuba Under Claims
    Agreement.--Any amounts paid by Cuba under any agreement
    entered into between the United States and Cuba settling
    certified claims under title V of the International Claims
    Settlement Act of 1949 that are in excess of the payments made
    on such certified claims after the application of subsection
    (f) shall be deposited into the United States Treasury.
        (h) Termination of Rights.--
              (1) In general.--All rights created under this
            section to bring an action for money damages with
            respect to property confiscated by the Cuban
            Government--
                      (A) may be suspended under section 204(a);
                    and
                      (B) shall cease upon transmittal to the
                    Congress of a determination of the President
                    under section 203(c)(3) that a democratically
                    elected government in Cuba is in power.
              (2) Pending suits.--The suspension or termination of
            rights under paragraph (1) shall not affect suits
            commenced before the date of such suspension or
            termination (as the case may be), and in all such
            suits, proceedings shall be had, appeals taken, and
            judgments rendered in the same manner and with the same
            effect as if the suspension or termination had not
            occurred.
        (i) Imposition of Filing Fees.--The Judicial Conference of
    the United States shall establish a uniform fee that shall be
    imposed upon the plaintiff or plaintiffs in each action brought
    under this section. The fee should be established at a level
    sufficient to recover the costs to the courts of actions
    brought under this section. The fee under this subsection is in
    addition to any other fees imposed under title 28, United
    States Code.

    SEC. 303.\36\ PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED PROPERTY.

        (a) Evidence of Ownership.--
    ---------------------------------------------------------------------------
        \36\ 22 U.S.C. 6083.
    ---------------------------------------------------------------------------
              (1) Conclusiveness of certified claims.--In any
            action brought under this title, the court shall accept
            as conclusive proof of ownership of an interest in
            property a certification of a claim to ownership of
            that interest that has been made by the Foreign Claims
            Settlement Commission under title V of the
            International Claims Settlement Act of 1949 (22 U.S.C.
            1643 and following).
              (2) Claims not certified.--If in an action under this
            title a claim has not been so certified by the Foreign
            Claims Settlement Commission, the court may appoint a
            special master, including the Foreign Claims Settlement
            Commission, to make determinations regarding the amount
            and ownership of the claim. Such determinations are
            only for evidentiary purposes in civil actions brought
            under this title and do not constitute certifications
            under title V of the International Claims Settlement
            Act of 1949.
              (3) Effect of determinations of foreign or
            international entities.--In determining the amount or
            ownership of a claim in an action under this title, the
            court shall not accept as conclusive evidence any
            findings, orders, judgments, or decrees from
            administrative agencies or courts of foreign countries
            or international organizations that declare the value
            of or invalidate the claim, unless the declaration of
            value or invalidation was found pursuant to binding
            international arbitration to which the United States or
            the claimant submitted the claim.
        (b) Amendment of the International Claims Settlement Act of
    1949.--Title V of the International Claims Settlement Act of
    1949 (22 U.S.C. 1643 and following) is amended by adding at the
    end the following new section: * * * \37\
    ---------------------------------------------------------------------------
        \37\ See Legislation on Foreign Relations Through 2005, vol. IV.
    ---------------------------------------------------------------------------
        (c) Rule of Construction.--Nothing in this Act or in
    section 514 of the International Claims Settlement Act of 1949,
    as added by subsection (b), shall be construed--
              (1) to require or otherwise authorize the claims of
            Cuban nationals who became United States citizens after
            their property was confiscated to be included in the
            claims certified to the Secretary of State by the
            Foreign Claims Settlement Commission for purposes of
            future negotiation and espousal of claims with a
            friendly government in Cuba when diplomatic relations
            are restored; or
              (2) as superseding, amending, or otherwise altering
            certifications that have been made under title V of the
            International Claims Settlement Act of 1949 before the
            date of the enactment of this Act.

    SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION
                        CERTIFICATION PROCEDURE.

        Title V of the International Claims Settlement Act of 1949
    (22 U.S.C. 1643 and following), as amended by section 303, is
    further amended by adding at the end the following new section:
    * * * \38\
    ---------------------------------------------------------------------------
        \38\ See Legislation on Foreign Relations Through 2005, vol. IV.
    ---------------------------------------------------------------------------

    SEC. 305.\39\ LIMITATION OF ACTIONS.

        An action under section 302 may not be brought more than 2
    years after the trafficking giving rise to the action has
    ceased to occur.
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 6084.
    ---------------------------------------------------------------------------

    SEC. 306.\40\ EFFECTIVE DATE.

        (a) In General.--Subject to subsections (b) and (c), this
    title and the amendments made by this title shall take effect
    on August 1, 1996.
    ---------------------------------------------------------------------------
        \40\ 22 U.S.C. 6085.
    ---------------------------------------------------------------------------
        (b) \41\ Suspension Authority.--
    ---------------------------------------------------------------------------
        \41\ The President ``determine[d] and report[ed] to the Congress
    that suspension for 6 months beyond August 1 [1996] of the right to
    bring an action under Title III of the Act is necessary to the national
    interests of the United State and will expedite a transition to
    democracy in Cuba,'' in letters to congressional committees
    (``Statement on Action on Title III of the Cuban Liberty and Democratic
    Solidarity (LIBERTAD) Act of 1995, July 16, 1996'' in Weekly
    Compilation of Presidential Documents, p. 1265). The President extended
    the suspension beyond August 1, 1997, in similar letters on July 16,
    1997 (House Document 105-107, 105th Congress, 1st session, July 17,
    1997); January 16, 1998 (Weekly Compilation of Presidential Documents,
    p. 81); July 16, 1998 (Weekly Compilation of Presidential Documents, p.
    1398); January 25, 1999 (Weekly Compilation of Presidential Documents,
    p. 63); July 16, 1999 (Weekly Compilation of Presidential Documents, p.
    1384); January 21, 2000 (Weekly Compilation of Presidential Documents,
    p. 89); July 14, 2000 (Weekly Compilation of Presidential Documents, p.
    1651); January 16, 2001 (Weekly Compilation of Presidential Documents,
    p. 137); July 22, 2001 (Weekly Compilation of Presidential Documents,
    p. 1048); January 16, 2002 (Weekly Compilation of Presidential
    Documents, p. 77); July 22, 2002 (Weekly Compilation of Presidential
    Documents, p. 1212); January 16, 2003 (Weekly Compilation of
    Presidential Documents, p. 80); July 18, 2003 (Weekly Compilation of
    Presidential Documents, p. 925); January 16, 2004 (Weekly Compilation
    of Presidential Documents, p. 91); July 16, 2004 (Weekly Compilation of
    Presidential Documents, p. 1323); January 13, 2005 (Weekly Compilation
    of Presidential Documents, p. 31); and July 15, 2005 (Weekly
    Compilation of Presidential Documents, p. 1175).
    ---------------------------------------------------------------------------
              (1) Suspension authority.--The President may suspend
            the effective date under subsection (a) for a period of
            not more than 6 months if the President determines and
            reports in writing to the appropriate congressional
            committees at least 15 days before such effective date
            that the suspension is necessary to the national
            interests of the United States and will expedite a
            transition to democracy in Cuba.
              (2) Additional suspensions.--The President may
            suspend the effective date under subsection (a) for
            additional periods of not more than 6 months each, each
            of which shall begin on the day after the last day of
            the period during which a suspension is in effect under
            this subsection, if the President determines and
            reports in writing to the appropriate congressional
            committees at least 15 days before the date on which
            the additional suspension is to begin that the
            suspension is necessary to the national interests of
            the United States and will expedite a transition to
            democracy in Cuba.
        (c) Other Authorities.--
              (1) Suspension.--After this title and the amendments
            of this title have taken effect--
                      (A) no person shall acquire a property
                    interest in any potential or pending action
                    under this title; and
                      (B) the President may suspend the right to
                    bring an action under this title with respect
                    to confiscated property for a period of not
                    more than 6 months if the President determines
                    and reports in writing to the appropriate
                    congressional committees at least 15 days
                    before the suspension takes effect that such
                    suspension is necessary to the national
                    interests of the United States and will
                    expedite a transition to democracy in Cuba.
              (2) Additional suspensions.--The President may
            suspend the right to bring an action under this title
            for additional periods of not more than 6 months each,
            each of which shall begin on the day after the last day
            of the period during which a suspension is in effect
            under this subsection, if the President determines and
            reports in writing to the appropriate congressional
            committees at least 15 days before the date on which
            the additional suspension is to begin that the
            suspension is necessary to the national interests of
            the United States and will expedite a transition to
            democracy in Cuba.
              (3) Pending suits.--The suspensions of actions under
            paragraph (1) shall not affect suits commenced before
            the date of such suspension, and in all such suits,
            proceedings shall be had, appeals taken, and judgments
            rendered in the same manner and with the same effect as
            if the suspension had not occurred.
        (d) Rescission of Suspension.--The President may rescind
    any suspension made under subsection (b) or (c) upon reporting
    to the appropriate congressional committees that doing so will
    expedite a transition to democracy in Cuba.

                     TITLE IV--EXCLUSION OF CERTAIN ALIENS

    SEC. 401.\42\ EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE
                        CONFISCATED PROPERTY OF UNITED STATES NATIONALS OR
                        WHO TRAFFIC IN SUCH PROPERTY.

        (a) Grounds for Exclusion.--The Secretary of State shall
    deny a visa to, and the Attorney General shall exclude from the
    United States, any alien who the Secretary of State determines
    is a person who, after the date of the enactment of this Act--
    ---------------------------------------------------------------------------
        \42\ 22 U.S.C. 6091. ``Department of State Guidelines for
    Implementation of Title IV of the LIBERTAD Act'' were printed as
    Department of State Public Notice 2403, effective June 17, 1996 (61
    F.R. 30655).
    ---------------------------------------------------------------------------
              (1) has confiscated, or has directed or overseen the
            confiscation of, property a claim to which is owned by
            a United States national, or converts or has converted
            for personal gain confiscated property, a claim to
            which is owned by a United States national;
              (2) traffics in confiscated property, a claim to
            which is owned by a United States national;
              (3) is a corporate officer, principal, or shareholder
            with a controlling interest of an entity which has been
            involved in the confiscation of property or trafficking
            in confiscated property, a claim to which is owned by a
            United States national; or
              (4) is a spouse, minor child, or agent of a person
            excludable under paragraph (1), (2), or (3).
        (b) Definitions.--As used in this section, the following
    terms have the following meanings:
              (1) Confiscated; confiscation.--The terms
            ``confiscated'' and ``confiscation'' refer to--
                      (A) the nationalization, expropriation, or
                    other seizure by the Cuban Government of
                    ownership or control of property--
                              (i) without the property having been
                            returned or adequate and effective
                            compensation provided; or
                              (ii) without the claim to the
                            property having been settled pursuant
                            to an international claims settlement
                            agreement or other mutually accepted
                            settlement procedure; and
                      (B) the repudiation by the Cuban Government
                    of, the default by the Cuban Government on, or
                    the failure of the Cuban Government to pay--
                              (i) a debt of any enterprise which
                            has been nationalized, expropriated, or
                            otherwise taken by the Cuban
                            Government;
                              (ii) a debt which is a charge on
                            property nationalized, expropriated, or
                            otherwise taken by the Cuban
                            Government; or
                              (iii) a debt which was incurred by
                            the Cuban Government in satisfaction or
                            settlement of a confiscated property
                            claim.
              (2) Traffics.--(A) Except as provided in subparagraph
            (B), a person ``traffics'' in confiscated property if
            that person knowingly and intentionally--
                      (i)(I) transfers, distributes, dispenses,
                    brokers, or otherwise disposes of confiscated
                    property,
                      (II) purchases, receives, obtains control of,
                    or otherwise acquires confiscated property, or
                      (III) improves (other than for routine
                    maintenance), invests in (by contribution of
                    funds or anything of value, other than for
                    routine maintenance), or begins after the date
                    of the enactment of this Act to manage, lease,
                    possess, use, or hold an interest in
                    confiscated property,
                      (ii) enters into a commercial arrangement
                    using or otherwise benefiting from confiscated
                    property, or
                      (iii) causes, directs, participates in, or
                    profits from, trafficking (as described in
                    clause (i) or (ii)) by another person, or
                    otherwise engages in trafficking (as described
                    in clause (i) or (ii)) through another person,
                    without the authorization of any United States
                    national who holds a claim to the property.
              (B) The term ``traffics'' does not include--
                      (i) the delivery of international
                    telecommunication signals to Cuba;
                      (ii) the trading or holding of securities
                    publicly traded or held, unless the trading is
                    with or by a person determined by the Secretary
                    of the Treasury to be a specially designated
                    national;
                      (iii) transactions and uses of property
                    incident to lawful travel to Cuba, to the
                    extent that such transactions and uses of
                    property are necessary to the conduct of such
                    travel; or
                      (iv) transactions and uses of property by a
                    person who is both a citizen of Cuba and a
                    resident of Cuba, and who is not an official of
                    the Cuban Government or the ruling political
                    party in Cuba.
        (c) Exemption.--This section shall not apply where the
    Secretary of State finds, on a case by case basis, that the
    entry into the United States of the person who would otherwise
    be excluded under this section is necessary for medical reasons
    or for purposes of litigation of an action under title III.
        (d) Effective Date.--
              (1) In general.--This section applies to aliens
            seeking to enter the United States on or after the date
            of the enactment of this Act.
              (2) Trafficking.--This section applies only with
            respect to acts within the meaning of ``traffics'' that
            occur on or after the date of the enactment of this
            Act.
      (2) Declaration of a National Emergency and Invocation of Emergency
     Authority Relating to the Regulation of the Anchorage and Movement of
                                    Vessels

       Presidential Proclamation 6867 of March 1, 1996, 61 F.R. 8843, 50
                                U.S.C. 191 note

        By the President of the United States of America

        A Proclamation

        WHEREAS, on February 24, 1996, Cuban military aircraft
    intercepted and destroyed two unarmed U.S.-registered civilian
    aircraft in international airspace north of Cuba;
        WHEREAS the Government of Cuba has demonstrated a ready and
    reckless willingness to use excessive force, including deadly
    force, in the ostensible enforcement of its sovereignty;
        WHEREAS, on July 13, 1995, persons in U.S.-registered
    vessels who entered into Cuban territorial waters suffered
    injury as a result of the reckless use of force against them by
    the Cuban military; and
        WHEREAS the entry of U.S.-registered vessels into Cuban
    territorial waters could again result in injury to, or loss of
    life of, persons engaged in that conduct, due to the potential
    use of excessive force, including deadly force, against them by
    the Cuban military, and could threaten a disturbance in
    international relations;
        NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the
    United States of America, by the authority vested in me by the
    Constitution and the laws of the United States of America,
    including section 1 of title II of Public Law 65-24, ch. 30,
    June 15, 1917, as amended (50 U.S.C. 191), sections 201 and 301
    of the National Emergencies Act (50 U.S.C. 1601 et seq.), and
    section 301 of title 3, United States Code, find and do hereby
    proclaim that a national emergency does exist by reason of a
    disturbance or threatened disturbance of international
    relations. In order to address this national emergency and to
    secure the observance of the rights and obligations of the
    United States, I hereby authorize and direct the Secretary of
    Transportation (the ``Secretary'') to make and issue such rules
    and regulations as the Secretary may find appropriate to
    regulate the anchorage and movement of vessels, and delegate to
    the Secretary my authority to approve such rules and
    regulations, as authorized by the Act of June 15, 1917.
        Section 1. The Secretary may make rules and regulations
    governing the anchorage and movement of any vessel, foreign or
    domestic, in the territorial waters of the United States, which
    may be used, or is susceptible of being used, for voyage into
    Cuban territorial waters and that may create unsafe conditions
    and threaten a disturbance of international relations. Any rule
    or regulation issued pursuant to this proclamation may be
    effective immediately upon issuance as such rule or regulation
    shall involve a foreign affairs function of the United States.
        Sec. 2. The Secretary is authorized to inspect any vessel,
    foreign or domestic, in the territorial waters of the United
    States, at any time; to place guards on any such vessel; and,
    with my consent expressly hereby granted, take full possession
    and control of any such vessel and remove the officers and
    crew, and all other persons not specifically authorized by the
    Secretary to go or remain on board the vessel when necessary to
    secure the rights and obligations of the United States.
        Sec. 3. The Secretary may request assistance from such
    departments, agencies, officers, or instrumentalities of the
    United States as the Secretary deems necessary to carry out the
    purposes of this proclamation. Such departments, agencies,
    officers, or instrumentalities shall, consistent with other
    provisions of law and to the extent practicable, provide
    requested assistance.
        Sec. 4. The Secretary may seek assistance from State and
    local authorities in carrying out the purposes of this
    proclamation. Because State and local assistance may be
    essential for an effective response to this emergency, I urge
    all State and local officials to cooperate with Federal
    authorities and to take all actions within their lawful
    authority necessary to prevent the unauthorized departure of
    vessels intending to enter Cuban territorial waters.
        Sec. 5. All powers and authorities delegated by this
    proclamation to the Secretary may be delegated by the Secretary
    to other officers and agents of the United States Government
    unless otherwise prohibited by law.
        Sec. 6.\1\ This proclamation shall be immediately
    transmitted to the Congress and published in the Federal
    Register.

        \1\ This proclamation was continued by notice of the President on
    February 27, 1997 (62 F.R. 9347); February 26, 1998 (63 F.R. 9923);
    February 26, 1999 (64 F.R. 9903); February 20, 2000 (65 F.R. 10929);
    February 27, 2001 (66 F.R. 12839); February 26, 2002 (67 F.R. 9387);
    February 27, 2003 (68 F.R. 9847); February 26, 2004 (69 F.R. 9513); and
    February 18, 2005 (70 F.R. 8919).
    ---------------------------------------------------------------------------
        IN WITNESS WHEREOF, I have hereunto set my hand this first
    day of March, in the year of our Lord nineteen hundred and
    ninety-six, and of the Independence of the United States of
    America the two hundred and twentieth.
                        (3) Cuban Democracy Act of 1992

    Partial text of Public Law 102-484 [National Defense Authorization Act
    for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
     1992; as amended by Public Law 104-114 [Cuban Liberty and Democratic
     Solidarity (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved
                                 March 12, 1996

     AN ACT To authorize appropriations for fiscal year 1993 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       personnel strengths for such fiscal year for the Armed Forces, to
            provide for defense conversion, and for other purposes.

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

                    TITLE XVII--CUBAN DEMOCRACY ACT OF 1992

    SEC. 1701.\1\ SHORT TITLE.

        This title may be cited as the ``Cuban Democracy Act of
    1992''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 6001 note.
    ---------------------------------------------------------------------------

    SEC. 1702.\2\ FINDINGS.

        The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 6001.
    ---------------------------------------------------------------------------
              (1) The government of Fidel Castro has demonstrated
            consistent disregard for internationally accepted
            standards of human rights and for democratic values. It
            restricts the Cuban people's exercise of freedom of
            speech, press, assembly, and other rights recognized by
            the Universal Declaration of Human Rights adopted by
            the General Assembly of the United Nations on December
            10, 1948. It has refused to admit into Cuba the
            representative of the United Nations Human Rights
            Commission appointed to investigate human rights
            violations on the island.
              (2) The Cuban people have demonstrated their yearning
            for freedom and their increasing opposition to the
            Castro government by risking their lives in organizing
            independent, democratic activities on the island and by
            undertaking hazardous flights for freedom to the United
            States and other countries.
              (3) The Castro government maintains a military-
            dominated economy that has decreased the well-being of
            the Cuban people in order to enable the government to
            engage in military interventions and subversive
            activities throughout the world and, especially, in the
            Western Hemisphere. These have included involvement in
            narcotics trafficking and support for the FMLN
            guerrillas in El Salvador.
              (4) There is no sign that the Castro regime is
            prepared to make any significant concessions to
            democracy or to undertake any form of democratic
            opening. Efforts to suppress dissent through
            intimidation, imprisonment, and exile have accelerated
            since the political changes that have occurred in the
            former Soviet Union and Eastern Europe.
              (5) Events in the former Soviet Union and Eastern
            Europe have dramatically reduced Cuba's external
            support and threaten Cuba's food and oil supplies.
              (6) The fall of communism in the former Soviet Union
            and Eastern Europe, the now universal recognition in
            Latin America and the Caribbean that Cuba provides a
            failed model of government and development, and the
            evident inability of Cuba's economy to survive current
            trends, provide the United States and the international
            democratic community with an unprecedented opportunity
            to promote a peaceful transition to democracy in Cuba.
              (7) However, Castro's intransigence increases the
            likelihood that there could be a collapse of the Cuban
            economy, social upheaval, or widespread suffering. The
            recently concluded Cuban Communist Party Congress has
            underscored Castro's unwillingness to respond
            positively to increasing pressures for reform either
            from within the party or without.
              (8) The United States cooperated with its European
            and other allies to assist the difficult transitions
            from Communist regimes in Eastern Europe. Therefore, it
            is appropriate for those allies to cooperate with
            United States policy to promote a peaceful transition
            in Cuba.

    SEC. 1703.\3\ STATEMENT OF POLICY.

        It should be the policy of the United States--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 6002.
    ---------------------------------------------------------------------------
              (1) to seek a peaceful transition to democracy and a
            resumption of economic growth in Cuba through the
            careful application of sanctions directed at the Castro
            government and support for the Cuban people;
              (2) to seek the cooperation of other democratic
            countries in this policy;
              (3) to make clear to other countries that, in
            determining its relations with them, the United States
            will take into account their willingness to cooperate
            in such a policy;
              (4) to seek the speedy termination of any remaining
            military or technical assistance, subsidies, or other
            forms of assistance to the Government of Cuba from any
            of the independent states of the former Soviet Union;
              (5) to continue vigorously to oppose the human rights
            violations of the Castro regime;
              (6) to maintain sanctions on the Castro regime so
            long as it continues to refuse to move toward
            democratization and greater respect for human rights;
              (7) to be prepared to reduce the sanctions in
            carefully calibrated ways in response to positive
            developments in Cuba;
              (8) to encourage free and fair elections to determine
            Cuba's political future;
              (9) to request the speedy termination of any military
            or technical assistance, subsidies, or other forms of
            assistance to the Government of Cuba from the
            government of any other country; and
              (10) to initiate immediately the development of a
            comprehensive United States policy toward Cuba in a
            post-Castro era.

    SEC. 1704.\4\, \5\ INTERNATIONAL COOPERATION.

        (a) Cuban Trading Partners.--The President should encourage
    the governments of countries that conduct trade with Cuba to
    restrict their trade and credit relations with Cuba in a manner
    consistent with the purposes of this title.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 6003. Sec. 2 of Executive Order 12854 (58 F.R. 36587;
    July 4, 1993) delegated authority in this section to the Secretary of
    State.
        \5\ Sec. 204 of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810) authorized
    the President to take steps to suspend the economic embargo of Cuba
    upon submitting a determination to the appropriate congressional
    committees that a transition government is in power in Cuba. The
    section, furthermore, repealed the following sections of law upon the
    issuance of a Presidential determination that a democratically elected
    government is in power in Cuba:
        (1) sec. 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2370(a));
        (2) sec. 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2370(f)) with respect to the ``Republic of Cuba'';
        (3) secs. 1704, 1705(d), and 1706 of the Cuban Democracy Act of
    1992 (22 U.S.C. 6003, 6004(d), and 6005); and
        (4) sec. 902(c) of the Food Security Act of 1985.
        Congress, until such a transition to democracy in Cuba is attained,
    reaffirmed the intent of sec. 1704, and other sections, of the Cuban
    Democracy Act. See Public Law 104-114.
    ---------------------------------------------------------------------------
        (b) Sanctions Against Countries Assisting Cuba.--
              (1) Sanctions.--The President may apply the following
            sanctions to any country that provides assistance to
            Cuba:
                      (A) The government of such country shall not
                    be eligible for assistance under the Foreign
                    Assistance Act of 1961 or assistance or sales
                    under the Arms Export Control Act.
                      (B) Such country shall not be eligible, under
                    any program, for forgiveness or reduction of
                    debt owed to the United States Government.
              (2) Definition of assistance.--For purposes of
            paragraph (1), the term ``assistance to Cuba''--
                      (A) means assistance to or for the benefit of
                    the Government of Cuba that is provided by
                    grant, concessional sale, guaranty, or
                    insurance, or by any other means on terms more
                    favorable than that generally available in the
                    applicable market, whether in the form of a
                    loan, lease, credit, or otherwise, and such
                    term includes subsidies for exports to Cuba and
                    favorable tariff treatment of articles that are
                    the growth, product, or manufacture of Cuba;
                    \5\
    ---------------------------------------------------------------------------
        \6\ Sec. 102(f) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 793) struck out
    ``and'' at the end of subpara. (A); redesignated subpara. (B) as
    subpara. (C); inserted a new subpara. (B); and added the flush sentence
    at the end of para. (2).
    ---------------------------------------------------------------------------
                      (B) \6\ includes an exchange, reduction, or
                    forgiveness of Cuban debt owed to a foreign
                    country in return for a grant of an equity
                    interest in a property, investment, or
                    operation of the Government of Cuba (including
                    the government of any political subdivision of
                    Cuba, and any agency or instrumentality of the
                    Government of Cuba) or of a Cuban national; and
                      (C) \6\ does not include--
                              (i) donations of food to
                            nongovernmental organizations or
                            individuals in Cuba, or
                              (ii) exports of medicines or medical
                            supplies, instruments, or equipment
                            that would be permitted under section
                            1705(c).
            As used in this paragraph, the term ``agency or
            instrumentality of the Government of Cuba'' means an
            agency or instrumentality of a foreign state as defined
            in section 1603(b) of title 28, United States Code,
            with each reference in such section to ``a foreign
            state'' deemed to be a reference to ``Cuba''.\6\
              (3) Applicability of section.--This section, and any
            sanctions imposed pursuant to this section, shall cease
            to apply at such time as the President makes and
            reports to the Congress a determination under section
            1708(a).

    SEC. 1705.\7\ SUPPORT FOR THE CUBAN PEOPLE.

        (a) Provisions of Law Affected.--The provisions of this
    section apply notwithstanding any other provision of law,
    including section 620(a) of the Foreign Assistance Act of 1961,
    and notwithstanding the exercise of authorities, before the
    enactment of this Act, under section 5(b) of the Trading With
    the Enemy Act, the International Emergency Economic Powers Act,
    or the Export Administration Act of 1979.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 6004. Sec. 3 of Executive Order 12854 (58 F.R. 36587;
    July 4, 1993) delegated authority in subsecs. (b) through (e), as such
    subsections pertain to transactions with Cuba, to the Secretary of the
    Treasury. Sec. 4 of that Order delegated authority in subsecs. (b)
    through (e) pertaining to exportation to Cuba to the Secretary of
    Commerce.
    ---------------------------------------------------------------------------
        (b) Donations of Food.--Nothing in this or any other Act
    shall prohibit donations of food to nongovernmental
    organizations or individuals in Cuba.
        (c) Exports of Medicines and Medical Supplies.--Exports of
    medicines or medical supplies, instruments, or equipment to
    Cuba shall not be restricted--
              (1) except to the extent such restrictions would be
            permitted under section 5(m) of the Export
            Administration Act of 1979 or section 203(b)(2) of the
            International Emergency Economic Powers Act;
              (2) except in a case in which there is a reasonable
            likelihood that the item to be exported will be used
            for purposes of torture or other human rights abuses;
              (3) except in a case in which there is a reasonable
            likelihood that the item to be exported will be
            reexported; and
              (4) except in a case in which the item to be exported
            could be used in the production of any biotechnological
            product.
        (d) Requirements for Certain Exports.--
              (1) Onsite verifications.--(A) Subject to
            subparagraph (B), an export may be made under
            subsection (c) only if the President determines that
            the United States Government is able to verify, by
            onsite inspections and other appropriate means, that
            the exported item is to be used for the purposes for
            which it was intended and only for the use and benefit
            of the Cuban people.
              (B) Subparagraph (A) does not apply to donations to
            nongovernmental organizations in Cuba of medicines for
            humanitarian purposes.
              (2) Licenses.--Exports permitted under subsection (c)
            shall be made pursuant to specific licenses issued by
            the United States Government.
        (e) Telecommunications Services and Facilities.--
              (1) Telecommunications services.--Telecommunications
            services between the United States and Cuba shall be
            permitted.
              (2) Telecommunications facilities.--
            Telecommunications facilities are authorized in such
            quantity and of such quality as may be necessary to
            provide efficient and adequate telecommunications
            services between the United States and Cuba.
              (3) Licensing of payments to cuba.--(A) The President
            may provide for the issuance of licenses for the full
            or partial payment to Cuba of amounts due Cuba as a
            result of the provision of telecommunications services
            authorized by this subsection, in a manner that is
            consistent with the public interest and the purposes of
            this title, except that this paragraph shall not
            require any withdrawal from any account blocked
            pursuant to regulations issued under section 5(b) of
            the Trading With the Enemy Act.
              (B) If only partial payments are made to Cuba under
            subparagraph (A), the amounts withheld from Cuba shall
            be deposited in an account in a banking institution in
            the United States. Such account shall be blocked in the
            same manner as any other account containing funds in
            which Cuba has any interest, pursuant to regulations
            issued under section 5(b) of the Trading With the Enemy
            Act.
              (4) Authority of federal communications commission.--
            Nothing in this subsection shall be construed to
            supersede the authority of the Federal Communications
            Commission.
              (5) \8\ Prohibition on investment in domestic
            telecommunications services.--Nothing in this
            subsection shall be construed to authorize the
            investment by any United States person in the domestic
            telecommunications network within Cuba. For purposes of
            this paragraph, an ``investment'' in the domestic
            telecommunications network within Cuba includes the
            contribution (including by donation) of funds or
            anything of value to or for, and the making of loans to
            or for, such network.
    ---------------------------------------------------------------------------
        \8\ Sec. 102(g) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 793) added paras.
    (5) and (6).
    ---------------------------------------------------------------------------
              (6) \8\ Reports to congress.--The President shall
            submit to the Congress on a semiannual basis a report
            detailing payments made to Cuba by any United States
            person as a result of the provision of
            telecommunications services authorized by this
            subsection.
        (f) Direct Mail Delivery to Cuba.--The United States Postal
    Service shall take such actions as are necessary to provide
    direct mail service to and from Cuba, including, in the absence
    of common carrier service between the 2 countries, the use of
    charter service providers.
        (g) Assistance To Support Democracy in Cuba.--The United
    States Government may provide assistance, through appropriate
    nongovernmental organizations, for the support of individuals
    and organizations to promote nonviolent democratic change in
    Cuba.

    SEC. 1706.\5\, \9\ SANCTIONS.

        (a) Prohibition on Certain Transactions Between Certain
    United States Firms and Cuba.--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 6005. Sec. 3 of Executive Order 12854 (58 F.R. 36587;
    July 4, 1993) delegated authority in this section pertaining to
    transactions with Cuba to the Secretary of the Treasury.
    ---------------------------------------------------------------------------
              (1) Prohibition.--Notwithstanding any other provision
            of law, no license may be issued for any transaction
            described in section 515.559 of title 31, Code of
            Federal Regulations, as in effect on July 1, 1989.
              (2) Applicability to existing contracts.--Paragraph
            (1) shall not affect any contract entered into before
            the date of the enactment of this Act.
        (b) Prohibitions on Vessels.--
              (1) Vessels engaging in trade.--Beginning on the 61st
            day after the date of the enactment of this Act, a
            vessel which enters a port or place in Cuba to engage
            in the trade of goods or services may not, within 180
            days after departure from such port or place in Cuba,
            load or unload any freight at any place in the United
            States, except pursuant to a license issued by the
            Secretary of the Treasury.
              (2) Vessels carrying goods or passengers to or from
            cuba.--Except as specifically authorized by the
            Secretary of the Treasury, a vessel carrying goods or
            passengers to or from Cuba or carrying goods in which
            Cuba or a Cuban national has any interest may not enter
            a United States port.
              (3) Inapplicability of ship stores general license.--
            No commodities which may be exported under a general
            license described in section 771.9 of title 15, Code of
            Federal Regulations, as in effect on May 1, 1992, may
            be exported under a general license to any vessel
            carrying goods or passengers to or from Cuba or
            carrying goods in which Cuba or a Cuban national has an
            interest.
              (4) Definitions.--As used in this subsection--
                      (A) the term ``vessel'' includes every
                    description of water craft or other contrivance
                    used, or capable of being used, as a means of
                    transportation in water, but does not include
                    aircraft;
                      (B) the term ``United States'' includes the
                    territories and possessions of the United
                    States and the customs waters of the United
                    States (as defined in section 401 of the Tariff
                    Act of 1930 (19 U.S.C. 1401)); and
                      (C) the term ``Cuban national'' means a
                    national of Cuba, as the term ``national'' is
                    defined in section 515.302 of title 31, Code of
                    Federal Regulations, as of August 1, 1992.
        (c) Restrictions on Remittances to Cuba.--The President
    shall establish strict limits on remittances to Cuba by United
    States persons for the purpose of financing the travel of
    Cubans to the United States, in order to ensure that such
    remittances reflect only the reasonable costs associated with
    such travel, and are not used by the Government of Cuba as a
    means of gaining access to United States currency.
        (d) Clarification of Applicability of Sanctions.--The
    prohibitions contained in subsections (a), (b), and (c) shall
    not apply with respect to any activity otherwise permitted by
    section 1705 or section 1707 of this Act or any activity which
    may not be regulated or prohibited under section 5(b)(4) of the
    Trading With the Enemy Act (50 U.S.C. App. 5(b)(4)).

    SEC. 1707.\10\ POLICY TOWARD A TRANSITIONAL CUBAN GOVERNMENT.

        Food, medicine, and medical supplies for humanitarian
    purposes should be made available for Cuba under the Foreign
    Assistance Act of 1961 and the Agricultural Trade Development
    and Assistance Act of 1954 if the President determines and
    certifies to the Committee on Foreign Affairs \11\ of the House
    of Representatives and the Committee on Foreign Relations of
    the Senate that the government in power in Cuba--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 6006. Sec. 2 of Executive Order 12854 (58 F.R.
    36587; July 4, 1993) delegated authority in this section to the
    Secretary of State.
        \11\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) has made a public commitment to hold free and
            fair elections for a new government within 6 months and
            is proceeding to implement that decision;
              (2) has made a public commitment to respect, and is
            respecting, internationally recognized human rights and
            basic democratic freedoms; and
              (3) is not providing weapons or funds to any group,
            in any other country, that seeks the violent overthrow
            of the government of that country.

    SEC. 1708.\12\ POLICY TOWARD A DEMOCRATIC CUBAN GOVERNMENT.

        (a) Waiver of Restrictions.--The President may waive the
    requirements of section 1706 if the President determines and
    reports to the Congress that the Government of Cuba--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 6007. Sec. 2 of Executive Order 12854 (58 F.R.
    36587; July 4, 1993) delegated authority in this section to the
    Secretary of State.
    ---------------------------------------------------------------------------
              (1) has held free and fair elections conducted under
            internationally recognized observers;
              (2) has permitted opposition parties ample time to
            organize and campaign for such elections, and has
            permitted full access to the media to all candidates in
            the elections;
              (3) is showing respect for the basic civil liberties
            and human rights of the citizens of Cuba;
              (4) is moving toward establishing a free market
            economic system; and
              (5) has committed itself to constitutional change
            that would ensure regular free and fair elections that
            meet the requirements of paragraph (2).
        (b) Policies.--If the President makes a determination under
    subsection (a), the President shall take the following actions
    with respect to a Cuban Government elected pursuant to
    elections described in subsection (a):
              (1) To encourage the admission or reentry of such
            government to international organizations and
            international financial institutions.
              (2) To provide emergency relief during Cuba's
            transition to a viable economic system.
              (3) To take steps to end the United States trade
            embargo of Cuba.

    SEC. 1709.\13\ EXISTING CLAIMS NOT AFFECTED.

        Except as provided in section 1705(a), nothing in this
    title affects the provisions of section 620(a)(2) of the
    Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 6008.
    ---------------------------------------------------------------------------

    SEC. 1710.\14\ ENFORCEMENT.

        (a) Enforcement Authority.--The authority to enforce this
    title shall be carried out by the Secretary of the Treasury.
    The Secretary of the Treasury shall exercise the authorities of
    the Trading With the Enemy Act in enforcing this title. In
    carrying out this subsection, the Secretary of the Treasury
    shall take the necessary steps to ensure that activities
    permitted under section 1705 are carried out for the purposes
    set forth in this title and not for purposes of the
    accumulation by the Cuban Government of excessive amounts of
    United States currency or the accumulation of excessive profits
    by any person or entity.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 6009.
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated to the Secretary of the Treasury such sums
    as may be necessary to carry out this title.
        (c) Penalties Under the Trading With the Enemy Act.--
    Section 16 of the Trading With the Enemy Act (50 U.S.C. App.
    16) is amended--
              (1) by striking ``That whoever'' and inserting ``(a)
            Whoever''; and
              (2) by adding at the end the following:
         ``(b)(1) The Secretary of the Treasury may impose a civil
    penalty of not more than $50,000 on any person who violates any
    license, order, rule, or regulation issued under this Act.
        ``(2) Any property, funds, securities, papers, or other
    articles or documents, or any vessel, together with its tackle,
    apparel, furniture, and equipment, that is the subject of a
    violation under paragraph (1) shall, at the discretion of the
    Secretary of the Treasury, be forfeited to the United States
    Government.
        ``(3) The penalties provided under this subsection may not
    be imposed for--
              ``(A) news gathering, research, or the export or
            import of, or transmission of, information or
            informational materials; or
              ``(B) clearly defined educational or religious
            activities, or activities of recognized human rights
            organizations, that are reasonably limited in
            frequency, duration, and number of participants.
        ``(4) The penalties provided under this subsection may be
    imposed only on the record after opportunity for an agency
    hearing in accordance with sections 554 through 557 of title 5,
    United States Code, with the right to prehearing discovery.
        ``(5) Judicial review of any penalty imposed under this
    subsection may be had to the extent provided in section 702 of
    title 5, United States Code.''.
        (d) Applicability of Penalties.--The penalties set forth in
    section 16 of the Trading With the Enemy Act shall apply to
    violations of this title to the same extent as such penalties
    apply to violations under that Act.
        (e) Office of Foreign Assets Control.--The Department of
    the Treasury shall establish and maintain a branch of the
    Office of Foreign Assets Control in Miami, Florida, in order to
    strengthen the enforcement of this title.

    SEC. 1711.\15\ DEFINITION.

        As used in this title, the term ``United States person''
    means any United States citizen or alien admitted for permanent
    residence in the United States, and any corporation,
    partnership, or other organization organized under the laws of
    the United States.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 6010.
    ---------------------------------------------------------------------------

    SEC. 1712.\16\ EFFECTIVE DATE.

        This title shall take effect on the date of the enactment
    of this Act.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 6001 note.
                 (4) Implementation of the Cuban Democracy Act

     Executive Order 12854 of July 4, 1993, 58 F.R. 36587, 22 U.S.C. 6001
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Trading With the Enemy Act, as amended (50 U.S.C.
    App. 1-6, 7-39, 41-44), the Cuban Democracy Act of 1992 (Public
    Law 102-484, sections 1701-1712, October 23, 1992, 106 Stat.
    2575) (the ``Act''), and section 301 of title 3, United States
    Code,
        I, WILLIAM J. CLINTON, President of the United States of
    America, hereby order:
        Section 1. Implementation of the Act. All agencies are
    hereby directed to take all appropriate measures within their
    authority, including the promulgation of rules and regulations,
    to carry out the provisions of the Act.
        Sec. 2. Functions of the Department of State. The Secretary
    of State shall be responsible for implementing sections 1704,
    1707, and 1708 of the Act. Responsibility for transmitting the
    certification required by section 1707 and the report required
    by section 1708 of the Act is delegated to the Secretary of
    State.
        Sec. 3. Functions of the Department of the Treasury. Except
    as provided in section 4 of this order, the Secretary of the
    Treasury shall be responsible for implementing sections
    1705(b)-(e) and 1706 of the Act, to the extent that these
    sections pertain to transactions with Cuba.
        Sec. 4. Functions of the Department of Commerce. The
    Secretary of Commerce shall be responsible for implementing
    sections 1705(b)-(e) of the Act, to the extent that these
    sections pertain to the exportation to Cuba from the United
    States or from a third country of goods and technology subject
    to the jurisdiction of the Department of Commerce.
        Sec. 5. Consultation. In consultation with the Secretary of
    State, the Secretary of the Treasury and the Secretary of
    Commerce are hereby authorized to take such actions, including
    the promulgation of rules and regulations, as may be necessary
    to carry out the purposes of the Act and this order.
        Sec. 6. Nothing in this order shall be deemed to affect any
    functions vested by law in the Federal Communications
    Commission.
        Sec. 7. Effective Date. This order shall be effective
    immediately.
                      j. Economic Relations With Iraq \1\

                       (1) Iraq Sanctions Act of 1990 \2\

        Partial text of Public Law 101-513 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1991; H.R. 5114],
               104 Stat. 1979 at 2047, approved November 5, 1990

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1991, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1991, and for other purposes, namely:
    ---------------------------------------------------------------------------
        \1\ See also the Iran-Iraq Arms Non-Proliferation Act of 1992
    (title XVI of Public Law 102-484; 106 Stat. 2571), in Legislation on
    Foreign Relations Through 2005, vol. II-B; and Iraq section in
    Legislation on Foreign Relations Through 2005, vol. I-B.
        \2\ In Presidential Determination 2003-23 of May 7, 2003 (68 F.R.
    26459), the President suspended the application of all of the
    provisions, other than sec. 586E, of the Iraq Sanctions Act of 1990.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                         iraq sanctions act of 1990 \3\

    SEC. 586. SHORT TITLE.

      Sections 586 through 586J of this Act may be cited as the
    ``Iraq Sanctions Act of 1990''.
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------

    SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.

      The Congress--
              (1) condemns Iraq's invasion of Kuwait on August 2,
            1990;
              (2) supports the actions that have been taken by the
            President in response to that invasion;
              (3) calls for the immediate and unconditional
            withdrawal of Iraqi forces from Kuwait;
              (4) supports the efforts of the United Nations
            Security Council to end this violation of international
            law and threat to international peace;
              (5) supports the imposition and enforcement of
            multilateral sanctions against Iraq;
              (6) calls on United States allies and other countries
            to support fully the efforts of the United Nations
            Security Council, and to take other appropriate
            actions, to bring about an end to Iraq's occupation of
            Kuwait; and
              (7) condemns the brutal occupation of Kuwait by Iraq
            and its gross violations of internationally recognized
            human rights in Kuwait, including widespread arrests,
            torture, summary executions, and mass extrajudicial
            killings.

    SEC. 586B. CONSULTATIONS WITH CONGRESS.

      The President shall keep the Congress fully informed, and
    shall consult with the Congress, with respect to current and
    anticipated events regarding the international crisis caused by
    Iraq's invasion of Kuwait, including with respect to United
    States actions.

    SEC. 586C. TRADE EMBARGO AGAINST IRAQ.

      (a) Continuation of Embargo.--Except as otherwise provided in
    this section, the President shall continue to impose the trade
    embargo and other economic sanctions with respect to Iraq and
    Kuwait that the United States is imposing, in response to
    Iraq's invasion of Kuwait, pursuant to Executive Orders
    Numbered 12724 and 12725 (August 9, 1990) and, to the extent
    they are still in effect, Executive Orders Numbered 12722 and
    12723 (August 2, 1990).\4\ Notwithstanding any other provision
    of law, no funds, credits, guarantees, or insurance
    appropriated or otherwise made available by this or any other
    Act for fiscal year 1991 or any fiscal year thereafter shall be
    used to support or administer any financial or commercial
    operation of any United States Government department, agency,
    or other entity, or of any person subject to the jurisdiction
    of the United States, for the benefit of the Government of
    Iraq, its agencies or instrumentalities, or any person working
    on behalf of the Government of Iraq, contrary to the trade
    embargo and other economic sanctions imposed in accordance with
    this section.
    ---------------------------------------------------------------------------
        \4\ Executive Order 12771 of July 25, 1991 (56 F.R. 35993), revoked
    Executive Orders 12723 and 12725, relating to blocking Kuwaiti
    government property and prohibiting transactions with Kuwait while
    occupied by Iraq.
    ---------------------------------------------------------------------------
      (b) Humanitarian Assistance.--To the extent that transactions
    involving foodstuffs or payments for foodstuffs are exempted
    ``in humanitarian circumstances'' from the prohibitions
    established by the United States pursuant to United Nations
    Security Council Resolution 661 (1990), those exemptions shall
    be limited to foodstuffs that are to be provided consistent
    with United Nations Security Council Resolution 666 (1990) and
    other relevant Security Council resolutions.\5\
    ---------------------------------------------------------------------------
        \5\ United Nations Security Council Resolution 678, adopted
    November 29, 1990, recalled and reaffirmed the intentions of earlier
    U.N. resolutions relating to Iraq's invasion of Kuwait on August 2,
    1990. Earlier resolutions, in part: condemned the Iraqi invasion of
    Kuwait, demanded that Iraq withdraw immediately and unconditionally
    from Kuwait, called upon Iraq and Kuwait to begin negotiations for the
    resolution of their differences (Resolution 660 adopted August 2,
    1990); prevented trade relations between Iraq and U.N. Member States,
    or the import of any Iraqi or Kuwaiti products, and established a
    Committee of the Security Council to examine progress of this trade
    embargo (Resolution 661 adopted August 6, 1990); determined that the
    annexation of Kuwait by Iraq had no legal validity (Resolution 662
    adopted August 9, 1990); demanded that Iraq facilitate and permit the
    immediate departure from Kuwait and Iraq of third country citizens
    (Resolution 664 adopted August 18, 1990); called upon Member States to
    blockade maritime activity to the region (Resolution 665 adopted August
    25, 1990); considered an exemption of the trade embargo for foodstuffs
    to Iraq and Kuwait (Resolution 666 adopted September 13, 1990);
    condemned Iraq's aggressions against international diplomatic premises
    and personnel in Kuwait (Resolution 667 adopted September 16, 1990);
    expanded responsibilities of the Committee established under Resolution
    661 (Resolution 669 adopted September 14, 1990); further defined the
    trade embargo to include air traffic, and called upon Member States to
    detain Iraqi ships in port (Resolution 670 adopted September 25, 1990);
    condemned the taking of third nation nationals hostage, and condemned
    the destruction of Kuwaiti property by Iraq (Resolution 674 adopted
    October 29, 1990); and condemned Iraqi attempts to alter the
    demographic composition of the Kuwaiti population (Resolution 677
    adopted November 28, 1990).
        Resolution 678, adopted by the U.N. Security Council on November
    29, 1990, in part:
        ``Demands that Iraq comply fully with resolutions 660 (1990) and
    all subsequent relevant resolutions, and decides, while maintaining all
    its decisions, to allow Iraq one final opportunity, as a pause of
    goodwill, to do so;
        ``Authorizes Member States cooperating with the Government of
    Kuwait, unless Iraq on or before 15 January 1991 fully implements, as
    set forth in paragraph 1 above, the foregoing resolutions, to use all
    necessary means to uphold and implement resolution 660 (1990) and all
    subsequent relevant resolutions and to restore international peace and
    security in the area;''.
    ---------------------------------------------------------------------------
      (c) Notice to Congress of Exceptions to and Termination of
    Sanctions.--
              (1) Notice of regulations.--Any regulations issued
            after the date of enactment of this Act with respect to
            the economic sanctions imposed with respect to Iraq and
            Kuwait by the United States under Executive Orders
            Numbered 12722 and 12723 (August 2, 1990) and Executive
            Orders Numbered 12724 and 12725 (August 9, 1990) \4\
            shall be submitted to the Congress before those
            regulations take effect.
              (2) Notice of termination of sanctions.--The
            President shall notify the Congress at least 15 days
            before the termination, in whole or in part, of any
            sanction imposed with respect to Iraq or Kuwait
            pursuant to those Executive orders.
      (d) Relation to Other Laws.--
              (1) Sanctions legislation.--The sanctions that are
            described in subsection (a) are in addition to, and not
            in lieu of the sanctions provided for in section 586G
            of this Act or any other provision of law.
              (2) National emergencies and united nations
            legislation.--Nothing in this section supersedes any
            provision of the National Emergencies Act or any
            authority of the President under the International
            Emergency Economic Powers Act or section 5(a) of the
            United Nations Participation Act of 1945.

    SEC. 586D.\6\ COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.

      (a) Denial of Assistance.--None of the funds appropriated or
    otherwise made available pursuant to this Act to carry out the
    Foreign Assistance Act of 1961 (including title IV of chapter 2
    of part I, relating to the Overseas Private Investment
    Corporation) or the Arms Export Control Act may be used to
    provide assistance to any country that is not in compliance
    with the United Nations Security Council sanctions against Iraq
    unless the President determines and so certifies to the
    Congress that--
    ---------------------------------------------------------------------------
        \6\ In Presidential Determination 91-46 of July 13, 1991, the
    President invoked the authority of this section when he determined and
    certified ``that assistance for Jordan under chapter 4 of part II of
    the Foreign Assistance Act of 1961, as amended, and under section 23 of
    the Arms Export Control Act, is in the national interest of the United
    States.''. He further determined, by virtue of authority given in sec.
    502(c) of Public Law 102-27, that such assistance ``would be beneficial
    to the peace process in the Middle East'' (56 F.R. 33839; July 24,
    1991).
        In Presidential Determination 91-53 of September 16, 1991, the
    President made the same determinations regarding assistance for Jordan
    under chapter 5 of part II of the Foreign Assistance Act of 1961, as
    amended (56 F.R. 49837; October 2, 1991).
    ---------------------------------------------------------------------------
              (1) such assistance is in the national interest of
            the United States;
              (2) such assistance will directly benefit the needy
            people in that country; or
              (3) the assistance to be provided will be
            humanitarian assistance for foreign nationals who have
            fled Iraq and Kuwait.
      (b) Import Sanctions.--If the President considers that the
    taking of such action would promote the effectiveness of the
    economic sanctions of the United Nations and the United States
    imposed with respect to Iraq, and is consistent with the
    national interest, the President may prohibit, for such a
    period of time as he considers appropriate, the importation
    into the United States of any or all products of any foreign
    country that has not prohibited--
              (1) the importation of products of Iraq into its
            customs territory, and
              (2) the export of its products to Iraq.

    SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.

      Notwithstanding section 206 of the International Emergency
    Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the
    United Nations Participation Act of 1945 (22 U.S.C. 287c(b))--
              (1) a civil penalty of not to exceed $250,000 may be
            imposed on any person who, after the date of enactment
            of this Act, violates or evades or attempts to violate
            or evade Executive Order Numbered 12722, 12723, 12724,
            or 12725 \4\ or any license, order, or regulation
            issued under any such Executive order; and
              (2) whoever, after the date of enactment of this Act,
            willfully violates or evades or attempts to violate or
            evade Executive Order Numbered 12722, 12723, 12724, or
            12725 \4\ or any license, order, or regulation issued
            under any such Executive order--
                      (A) shall, upon conviction, be fined not more
                    than $1,000,000, if a person other than a
                    natural person; or
                      (B) if a natural person, shall, upon
                    conviction, be fined not more than $1,000,000,
                    be imprisoned for not more than 12 years, or
                    both.
    Any officer, director, or agent of any corporation who
    knowingly participates in a violation, evasion, or attempt
    described in paragraph (2) may be punished by imposition of the
    fine or imprisonment (or both) specified in subparagraph (B) of
    that paragraph.

    SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF
                        INTERNATIONAL LAW.

      (a) Iraq's Violations of International Law.--The Congress
    determines that--
              (1) the Government of Iraq has demonstrated repeated
            and blatant disregard for its obligations under
            international law by violating the Charter of the
            United Nations, the Protocol for the Prohibition of the
            Use in War of Asphyxiating, Poisonous or Other Gases,
            and of Bacteriological Methods of Warfare (done at
            Geneva, June 17, 1925), as well as other international
            treaties;
              (2) the Government of Iraq is a party to the
            International Covenant on Civil and Political Rights
            and the International Covenant on Economic, Social, and
            Cultural Rights and is obligated under the Covenants,
            as well as the Universal Declaration of Human Rights,
            to respect internationally recognized human rights;
              (3) the State Department's Country Reports on Human
            Rights Practices for 1989 again characterizes Iraq's
            human rights record as ``abysmal'';
              (4) Amnesty International, Middle East Watch, and
            other independent human rights organizations have
            documented extensive, systematic, and continuing human
            rights abuses by the Government of Iraq, including
            summary executions, mass political killings,
            disappearances, widespread use of torture, arbitrary
            arrests and prolonged detention without trial of
            thousands of political opponents, forced relocation and
            deportation, denial of nearly all civil and political
            rights such as freedom of association, assembly,
            speech, and the press, and the imprisonment, torture,
            and execution of children;
              (5) since 1987, the Government of Iraq has
            intensified its severe repression of the Kurdish
            minority of Iraq, deliberately destroyed more than
            3,000 villages and towns in the Kurdish regions, and
            forcibly expelled more than 500,000 people, thus
            effectively depopulating the rural areas of Iraqi
            Kurdistan;
              (6) Iraq has blatantly violated international law by
            initiating use of chemical weapons in the Iran-Iraq
            war;
              (7) Iraq has also violated international law by using
            chemical weapons against its own Kurdish citizens,
            resulting in tens of thousands of deaths and more than
            65,000 refugees;
              (8) Iraq continues to expand its chemical weapons
            capability, and President Saddam Hussein has threatened
            to use chemical weapons against other nations;
              (9) persuasive evidence exists that Iraq is
            developing biological weapons in violation of
            international law;
              (10) there are strong indications that Iraq has taken
            steps to produce nuclear weapons and has attempted to
            smuggle from the United States, in violation of United
            States law, components for triggering devices used in
            nuclear warheads whose manufacture would contravene the
            Treaty on the Non-Proliferation of Nuclear Weapons, to
            which Iraq is a party; and
              (11) Iraqi President Saddam Hussein has threatened to
            use terrorism against other nations in violation of
            international law and has increased Iraq's support for
            the Palestine Liberation Organization and other
            Palestinian groups that have conducted terrorist acts.
      (b) Human Rights Violations.--The Congress determines that
    the Government of Iraq is engaged in a consistent pattern of
    gross violations of internationally recognized human rights.
    All provisions of law that impose sanctions against a country
    whose government is engaged in a consistent pattern of gross
    violations of internationally recognized human rights shall be
    fully enforced against Iraq.
      (c) Support for International Terrorism.--(1) The Congress
    determines that Iraq is a country which has repeatedly provided
    support for acts of international terrorism, a country which
    grants sanctuary from prosecution to individuals or groups
    which have committed an act of international terrorism, and a
    country which otherwise supports international terrorism. The
    provisions of law specified in paragraph (2) and all other
    provisions of law that impose sanctions against a country which
    has repeatedly provided support for acts of international
    terrorism, which grants sanctuary from prosecution to an
    individual or group which has committed an act of international
    terrorism, or which otherwise supports international terrorism
    shall be fully enforced against Iraq.
      (2) The provisions of law referred to in paragraph (1) are--
              (A) section 40 of the Arms Export Control Act;
              (B) section 620A of the Foreign Assistance Act of
            1961;
              (C) sections 555 and 556 of this Act (and the
            corresponding sections of predecessor foreign
            operations appropriations Acts); and
              (D) section 555 of the International Security and
            Development Cooperation Act of 1985.
      (d) Multilateral Cooperation.--The Congress calls on the
    President to seek multilateral cooperation--
              (1) to deny dangerous technologies to Iraq;
              (2) to induce Iraq to respect internationally
            recognized human rights; and
              (3) to induce Iraq to allow appropriate international
            humanitarian and human rights organizations to have
            access to Iraq and Kuwait, including the areas in
            northern Iraq traditionally inhabited by Kurds.

    SEC. 586G. SANCTIONS AGAINST IRAQ.

      (a) \7\ Imposition.--Except as provided in section 586H, the
    following sanctions shall apply with respect to Iraq:
    ---------------------------------------------------------------------------
        \7\ Sec. 1603 of the National Defense Authorization Act for Fiscal
    Year 1993 (Public Law 102-484; 106 Stat. 2752) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1603. application to iran of certain iraq sanctions.
    ---------------------------------------------------------------------------

        ``The sanctions against Iraq specified in paragraphs (1) through
    (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained
    in Public Law 100-513), including denial of export licenses for United
    States persons and prohibitions on United States Government sales,
    shall be applied to the same extent and in the same manner with respect
    to Iran.''.
    ---------------------------------------------------------------------------
              (1) FMS sales.--The United States Government shall
            not enter into any sale with Iraq under the Arms Export
            Control Act.
              (2) Commercial arms sales.--Licenses shall not be
            issued for the export to Iraq of any item on the United
            States Munitions List.
              (3) Exports of certain goods and technology.--The
            authorities of section 6 of the Export Administration
            Act of 1979 (50 U.S.C. App. 2405) shall be used to
            prohibit the export to Iraq of any goods or technology
            listed pursuant to that section or section 5(c)(1) of
            that Act (50 U.S.C. App. 2404(c)(1)) on the control
            list provided for in section 4(b) of that Act (50
            U.S.C. App. 2403(b)).
              (4) Nuclear equipment, materials, and technology.--
                      (A) NRC licenses.--The Nuclear Regulatory
                    Commission shall not issue any license or other
                    authorization under the Atomic Energy Act of
                    1954 (42 U.S.C. 2011 and following) for the
                    export to Iraq of any source or special nuclear
                    material, any production or utilization
                    facility, any sensitive nuclear technology, any
                    component, item, or substance determined to
                    have significance for nuclear explosive
                    purposes pursuant to section 109b. of the
                    Atomic Energy Act of 1954 (42 U.S.C. 2139(b)),
                    or any other material or technology requiring
                    such a license or authorization.
                      (B) Distribution of nuclear materials.--The
                    authority of the Atomic Energy Act of 1954
                    shall not be used to distribute any special
                    nuclear material, source material, or byproduct
                    material to Iraq.
                      (C) DOE authorizations.--The Secretary of
                    Energy shall not provide a specific
                    authorization under section 57b. (2) of the
                    Atomic Energy Act of 1954 (42 U.S.C.
                    2077(b)(2)) for any activity that would
                    constitute directly or indirectly engaging in
                    Iraq in activities that require a specific
                    authorization under that section.
              (5) Assistance from international financial
            institutions.--The United States shall oppose any loan
            or financial or technical assistance to Iraq by
            international financial institutions in accordance with
            section 701 of the International Financial Institutions
            Act (22 U.S.C. 262d).
              (6) Assistance through the export-import bank.--
            Credits and credit guarantees through the Export-Import
            Bank of the United States shall be denied to Iraq.
              (7) Assistance through the commodity credit
            corporation.--Credit, credit guarantees, and other
            assistance through the Commodity Credit Corporation
            shall be denied to Iraq.
              (8) Foreign assistance.--All forms of assistance
            under the Foreign Assistance Act of 1961 (22 U.S.C.
            2151 and following) other than emergency assistance for
            medical supplies and other forms of emergency
            humanitarian assistance, and under the Arms Export
            Control Act (22 U.S.C. 2751 and following) shall be
            denied to Iraq.
      (b) Contract Sanctity.--For purposes of the export controls
    imposed pursuant to subsection (a)(3), the date described in
    subsection (m)(1) of section 6 of the Export Administration Act
    of 1979 (50 U.S.C. App. 2405) shall be deemed to be August 1,
    1990.

    SEC. 586H. WAIVER AUTHORITY.

      (a) In General.--The President may waive the requirements of
    any paragraph of section 586G(a) if the President makes a
    certification under subsection (b) or subsection (c).
      (b) Certification of Fundamental Changes in Iraqi Policies
    and Actions.--The authority of subsection (a) may be exercised
    60 days after the President certifies to the Congress that--
              (1) the Government of Iraq--
                      (A) has demonstrated, through a pattern of
                    conduct, substantial improvement in its respect
                    for internationally recognized human rights;
                      (B) is not acquiring, developing, or
                    manufacturing (i) ballistic missiles, (ii)
                    chemical, biological, or nuclear weapons, or
                    (iii) components for such weapons; has forsworn
                    the first use of such weapons; and is taking
                    substantial and verifiable steps to destroy or
                    otherwise dispose of any such missiles and
                    weapons it possesses; and
                      (C) does not provide support for
                    international terrorism;
              (2) the Government of Iraq is in substantial
            compliance with its obligations under international
            law, including--
                      (A) the Charter of the United Nations;
                      (B) the International Covenant on Civil and
                    Political Rights (done at New York, December
                    16, 1966) and the International Covenant on
                    Economic, Social, and Cultural Rights (done at
                    New York, December 16, 1966);
                      (C) the Convention on the Prevention and
                    Punishment of the Crime of Genocide (done at
                    Paris, December 9, 1948);
                      (D) the Protocol for the Prohibition of the
                    Use in War of Asphyxiating, Poisonous or Other
                    Gases, and of Bacteriological Methods of
                    Warfare (done at Geneva, June 17, 1925);
                      (E) the Treaty on the Non-Proliferation of
                    Nuclear Weapons (done at Washington, London,
                    and Moscow, July 1, 1968); and
                      (F) the Convention on the Prohibition of the
                    Development, Production and Stockpiling of
                    Bacteriological (Biological) and Toxin Weapons
                    and on Their Destruction (done at Washington,
                    London, and Moscow, April 10, 1972); and
               (3) the President has determined that it is
            essential to the national interests of the United
            States to exercise the authority of subsection (a).
      (c) Certification of Fundamental Changes in Iraqi Leadership
    and Policies.--The authority of subsection (a) may be exercised
    30 days after the President certifies to the Congress that--
              (1) there has been a fundamental change in the
            leadership of the Government of Iraq; and
              (2) the new Government of Iraq has provided reliable
            and credible assurance that--
                      (A) it respects internationally recognized
                    human rights and it will demonstrate such
                    respect through its conduct;
                      (B) it is not acquiring, developing, or
                    manufacturing and it will not acquire, develop,
                    or manufacture (i) ballistic missiles, (ii)
                    chemical, biological, or nuclear weapons, or
                    (iii) components for such weapons; has forsworn
                    the first use of such weapons; and is taking
                    substantial and verifiable steps to destroy or
                    otherwise dispose of any such missiles and
                    weapons it possesses;
                      (C) it is not and will not provide support
                    for international terrorism; and
                      (D) it is and will continue to be in
                    substantial compliance with its obligations
                    under international law, including all the
                    treaties specified in subparagraphs (A) through
                    (F) of subsection (b)(2).
      (d) Information To Be Included in Certifications.--Any
    certification under subsection (b) or (c) shall include the
    justification for each determination required by that
    subsection. The certification shall also specify which
    paragraphs of section 586G(a) the President will waive pursuant
    to that certification.

    SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
                        ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR
                        NUCLEAR WEAPONS CAPABILITY.

      (a) Restriction on Export Licenses.--None of the funds
    appropriated by this or any other Act may be used to approve
    the licensing for export of any supercomputer to any country
    whose government the President determines is assisting, or
    whose government officials the President determines are
    assisting, Iraq to improve its rocket technology or chemical,
    biological, or nuclear weapons capability.
      (b) Negotiations.--The President is directed to begin
    immediate negotiations with those governments with which the
    United States has bilateral supercomputer agreements, including
    the Government of the United Kingdom and the Government of
    Japan, on conditions restricting the transfer to Iraq of
    supercomputer or associated technology.

    SEC. 586J. REPORTS TO CONGRESS.

      (a) Study and Report on the International Export to Iraq of
    Nuclear, Biological, Chemical, and Ballistic Missile
    Technology.--(1) The President shall conduct a study on the
    sale, export, and third party transfer or development of
    nuclear, biological, chemical, and ballistic missile technology
    to or with Iraq including--
              (A) an identification of specific countries, as well
            as companies and individuals, both foreign and
            domestic, engaged in such sale or export of, nuclear,
            biological, chemical, and ballistic missile technology;
              (B) a detailed description and analysis of the
            international supply, information, support, and
            coproduction network, individual, corporate, and state,
            responsible for Iraq's current capability in the area
            of nuclear, biological, chemical, and ballistic missile
            technology; and
              (C) a recommendation of standards and procedures
            against which to measure and verify a decision of the
            Government of Iraq to terminate the development,
            production, coproduction, and deployment of nuclear,
            biological, chemical, and offensive ballistic missile
            technology as well as the destruction of all existing
            facilities associated with such technologies.
      (2) The President shall include in the study required by
    paragraph (1) specific recommendations on new mechanisms, to
    include, but not be limited to, legal, political, economic and
    regulatory, whereby the United States might contribute, in
    conjunction with its friends, allies, and the international
    community, to the management, control, or elimination of the
    threat of nuclear, biological, chemical, and ballistic missile
    proliferation.
      (3) Not later than March 30, 1991, the President shall submit
    to the Committee on Appropriations and the Committee on Foreign
    Relations of the Senate and the Committee on Appropriations and
    the Committee on Foreign Affairs \8\ of the House of
    Representatives, a report, in both classified and unclassified
    form, setting forth the findings of the study required by
    paragraph (1) of this subsection.
    ---------------------------------------------------------------------------
        \8\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
      (b) Study and Report on Iraq's Offensive Military
    Capability.--(1) The President shall conduct a study on Iraq's
    offensive military capability and its effect on the Middle East
    balance of power including an assessment of Iraq's power
    projection capability, the prospects for another sustained
    conflict with Iran, joint Iraqi-Jordanian military cooperation,
    the threat Iraq's arms transfer activities pose to United
    States allies in the Middle East, and the extension of Iraq's
    political-military influence into Africa and Latin America.
      (2) Not later than March 30, 1991, the President shall submit
    to the Committee on Appropriations and the Committee on Foreign
    Relations of the Senate and the Committee on Appropriations and
    the Committee on Foreign Affairs \8\ of the House of
    Representatives, a report, in both classified and unclassified
    form, setting forth the findings of the study required by
    paragraph (1).
      (c) Report on Sanctions Taken by Other Nations Against
    Iraq.--(1) The President shall prepare a report on the steps
    taken by other nations, both before and after the August 2,
    1990, invasion of Kuwait, to curtail the export of goods,
    services, and technologies to Iraq which might contribute to,
    or enhance, Iraq's nuclear, biological, chemical, and ballistic
    missile capability.
      (2) The President shall provide a complete accounting of
    international compliance with each of the sanctions resolutions
    adopted by the United Nations Security Council against Iraq
    since August 2, 1990, and shall list, by name, each country
    which to his knowledge, has provided any assistance to Iraq and
    the amount and type of that assistance in violation of each
    United Nations resolution.\4\
      (3) The President shall make every effort to encourage other
    nations, in whatever forum or context, to adopt sanctions
    toward Iraq similar to those contained in this section.
      (4) Not later than every 6 months after the date of enactment
    of this Act, the President shall submit to the Committee on
    Appropriations and the Committee on Foreign Relations of the
    Senate and the Committee on Appropriations and the Committee on
    Foreign Affairs \8\ of the House of Representatives, a report
    in both classified and unclassified form, setting forth the
    findings of the study required by paragraph (1) of this
    subsection.
    (2) Prohibition on Supercomputer Licensing With End-User Designated as
                                      Iraq

     Partial text of Public Law 101-515 [Departments of Commerce, Justice,
      and State, the Judiciary, and Related Agencies Appropriations Act,
          1991; H.R. 5021], 104 Stat. 2101, approved November 5, 1990

    AN ACT Making appropriations for the Departments of Commerce, Justice,
      and State, the Judiciary, and related agencies for the fiscal year
               ending September 30, 1991, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Departments of
    Commerce, Justice, and State, the Judiciary, and related
    agencies for the fiscal year ending September 30, 1991, and for
    other purposes, namely:
              * * * * * * *

                          TITLE VI--GENERAL PROVISIONS

              * * * * * * *
      Sec. 608. (a) None of the funds in this or any other Act may
    be used to approve the licensing for export of any
    supercomputer to any country whose government the President
    determines to be assisting Iraq to improve its ballistic
    missile technology or chemical, biological, or nuclear weapons
    capability and so reports to the Congress.
      (b) None of the funds in this or any other Act may be used to
    approve the licensing for export of any supercomputer to any
    country whose nationals are assisting Iraq to improve its
    rocket technology or chemical, biological, or nuclear weapons
    capability: Provided, That this provision shall apply only if
    the President determines that the government of the country has
    made inadequate efforts to restrict such involvement by its
    citizens or corporations and so reports to the Congress.
      This Act may be cited as the ``Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1991''.
              (3) Economic Sanctions Against the Republic of Iraq

    Partial text of Public Law 101-510 [National Defense Authorization Act
      for Fiscal Year 1991; H.R. 4739], 104 Stat. 1485 at 1697, approved
                                November 5, 1990

     AN ACT To authorize appropriations for fiscal year 1991 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SEC. 1458.\1\ ECONOMIC SANCTIONS AGAINST THE REPUBLIC OF IRAQ.

        If the President considers that the taking of such action
    would promote the effectiveness of the economic sanctions of
    the United Nations and the United States imposed with respect
    to Iraq, and is consistent with the national interest, the
    President may prohibit, for such a period of time as he
    considers appropriate, the importation into the United States
    of any or all products of any foreign country that has not--
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------
              (1) prohibited--
                      (A) the importation of products of Iraq into
                    its customs territory, and
                      (B) the export of its products to Iraq; or
              (2) given assurances satisfactory to the President
            that such import and export sanctions will be promptly
            implemented.
              * * * * * * *
              (4) Confiscating and Vesting Certain Iraqi Property

     Executive Order 13290, March 20, 2003, 68 F.R. 14307, 50 U.S.C. 1701
    note; as amended by Executive Order 13350, July 30, 2004, 69 F.R. 46055

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code, and in order to take additional steps with respect to the
    national emergency declared in Executive Order 13303 of March
    20, 2003, and expanded in Executive Order 13315 of August 28,
    2003,\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 3 of Executive Order 13350 (69 F.R. 46055) struck out
    ``the national emergency declared in Executive Order 12722 of August 2,
    1990'' and inserted in lieu thereof ``the national emergency declared
    in Executive Order 13303 of March 20, 2003, and expanded in Executive
    Order 13315 of August 28, 2003''.
    ---------------------------------------------------------------------------
        I, GEORGE W. BUSH, President of the United States of
    America, hereby determine that the United States and Iraq are
    engaged in armed hostilities, that it is in the interest of the
    United States to confiscate certain property of the Government
    of Iraq and its agencies, instrumentalities, or controlled
    entities, and that all right, title, and interest in any
    property so confiscated should vest in the Department of the
    Treasury. I intend that such vested property should be used to
    assist the Iraqi people and to assist in the reconstruction of
    Iraq, and determine that such use would be in the interest of
    and for the benefit of the United States.
        I hereby order:
        Section 1. All blocked funds held in the United States in
    accounts in the name of the Government of Iraq, the Central
    Bank of Iraq, Rafidain Bank, Rasheed Bank, or the State
    Organization for Marketing Oil are hereby confiscated and
    vested in the Department of the Treasury, except for the
    following:
              (a) any such funds that are subject to the Vienna
            Convention on Diplomatic Relations or the Vienna
            Convention on Consular Relations, or that enjoy
            equivalent privileges and immunities under the laws of
            the United States, and are or have been used for
            diplomatic or consular purposes, and
              (b) any such amounts that as of the date of this
            order are subject to post-judgment writs of execution
            or attachment in aid of execution of judgments pursuant
            to section 201 of the Terrorism Risk Insurance Act of
            2002 (Public Law 107 297), provided that, upon
            satisfaction of the judgments on which such writs are
            based, any remainder of such excepted amounts shall, by
            virtue of this order and without further action, be
            confiscated and vested.
        Sec. 2. The Secretary of the Treasury is authorized to
    perform, without further approval, ratification, or other
    action of the President, all functions of the President set
    forth in section 203(a)(1)(C) of IEEPA with respect to any and
    all property of the Government of Iraq, including its agencies,
    instrumentalities, or controlled entities, and to take
    additional steps, including the promulgation of rules and
    regulations as may be necessary, to carry out the purposes of
    this order. The Secretary of the Treasury may redelegate such
    functions in accordance with applicable law. The Secretary of
    the Treasury shall consult the Attorney General as appropriate
    in the implementation of this order.
        Sec. 3. This order shall be transmitted to the Congress and
    published in the Federal Register.
    (5) Protecting the Development Fund for Iraq and Certain Other Property
                         in Which Iraq Has an Interest

      Executive Order 13303, May 22, 2003, 68 F.R. 31929, 50 U.S.C. 1701
     note; as amended by Executive Order 13364, December 3, 2004, 69 F.R.
                                     70177

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act, as
    amended (50 U.S.C. 1701 et seq.) (IEEPA), the National
    Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the
    United Nations Participation Act, as amended (22 U.S.C. 287c)
    (UNPA), and section 301 of title 3, United States Code,
        I, GEORGE W. BUSH, President of the United States of
    America, find that the threat of attachment or other judicial
    process against the Development Fund for Iraq, Iraqi petroleum
    and petroleum products, and interests therein, and proceeds,
    obligations, or any financial instruments of any nature
    whatsoever arising from or related to the sale or marketing
    thereof, and interests therein, obstructs the orderly
    reconstruction of Iraq, the restoration and maintenance of
    peace and security in the country, and the development of
    political, administrative, and economic institutions in Iraq.
    This situation constitutes an unusual and extraordinary threat
    to the national security and foreign policy of the United
    States and I hereby declare a national emergency to deal with
    that threat.
        I hereby order:
        Section 1.\1\  (a) Except as provided in section 1(b) of
    this order, and unless licensed or otherwise authorized
    pursuant to this order, any attachment, judgment, decree, lien,
    execution, garnishment, or other judicial process is prohibited
    and shall be deemed null and void with respect to the
    following:
    ---------------------------------------------------------------------------
        \1\ Sec. 1 of Executive Order 13364 (69 F.R. 70177) amended and
    restated sec. 1. It previously read as follows:
        ``Section 1. Unless licensed or otherwise authorized pursuant to
    this order, any attachment, judgment, decree, lien, execution,
    garnishment, or other judicial process is prohibited, and shall be
    deemed null and void, with respect to the following:
    ---------------------------------------------------------------------------

      ``(a) the Development Fund for Iraq, and

      ``(b) all Iraqi petroleum and petroleum products, and interests therein,
    and proceeds, obligations, or any financial instruments of any nature
    whatsoever arising from or related to the sale or marketing thereof, and
    interests therein, in which any foreign country or a national thereof has
    any interest, that are in the United States, that hereafter come within the
    United States, or that are or hereafter come within the possession or
    control of United States persons.''.

              (i) the Development Fund for Iraq;
              (ii) all Iraqi petroleum and petroleum products, and
            interests therein, but only until title passes to the
            initial purchaser, and proceeds, obligations, or any
            financial instruments of any nature whatsoever arising
            from or related to the sale or marketing thereof, and
            interests therein, in which any foreign country or a
            national thereof has any interest, that are in the
            United States, that hereafter come within the United
            States, or that are or hereafter come within the
            possession or control of United States persons; and
              (iii) any accounts, assets, investments, or any other
            property of any kind owned by, belonging to, or held by
            the Central Bank of Iraq, or held, maintained, or
            otherwise controlled by any financial institution of
            any kind in the name of, on behalf of, or otherwise for
            the Central Bank of Iraq.
        (b) The prohibition in section 1(a) of this order shall not
    apply with respect to any final judgment arising out of a
    contractual obligation entered into by the Government of Iraq,
    including any agency or instrumentality thereof, after June 30,
    2004.
        Sec. 2. (a) As of the effective date of this order,
    Executive Order 12722 of August 2, 1990, Executive Order 12724
    of August 9, 1990,\2\ and Executive Order 13290 of March 20,
    2003, shall not apply to the property and interests in property
    described in section 1 of this order.
    ---------------------------------------------------------------------------
        \2\ In Executive Order 13350 of July 30, 2004 (69 F.R. 46055), the
    President revoked Executive Order 12722 and 12724.
    ---------------------------------------------------------------------------
        (b) Nothing in this order is intended to affect the
    continued effectiveness of any rules, regulations, orders,
    licenses or other forms of administrative action issued, taken,
    or continued in effect heretofore or hereafter under Executive
    Orders 12722, 12724, or 13290, or under the authority of IEEPA
    or the UNPA, except as hereafter terminated, modified, or
    suspended by the issuing Federal agency and except as provided
    in section 2(a) of this order.
        Sec. 3. For the purposes of this order:
              (a) The term ``person'' means an individual or
            entity;
              (b) The term ``entity'' means a partnership,
            association, trust, joint venture, corporation, group,
            subgroup, or other organization;
              (c) The term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States or any
            jurisdiction within the United States (including
            foreign branches), or any person in the United States;
              (d) The term ``Iraqi petroleum and petroleum
            products'' means any petroleum, petroleum products, or
            natural gas originating in Iraq, including any Iraqi-
            origin oil inventories, wherever located; and
              (e) The term ``Development Fund for Iraq'' means the
            fund established on or about May 22, 2003, on the books
            of the Central Bank of Iraq, by the Administrator of
            the Coalition Provisional Authority responsible for the
            temporary governance of Iraq and all accounts held for
            the fund or for the Central Bank of Iraq in the name of
            the fund.
        Sec. 4. (a) The Secretary of the Treasury, in consultation
    with the Secretary of State and the Secretary of Defense, is
    hereby authorized to take such actions, including the
    promulgation of rules and regulations, and to employ all powers
    granted to the President by IEEPA and the UNPA as may be
    necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government.
    All agencies of the United States Government are hereby
    directed to take all appropriate measures within their
    statutory authority to carry out the provisions of this order.
        (b) Nothing contained in this order shall relieve a person
    from any requirement to obtain a license or other authorization
    in compliance with applicable laws and regulations.
        Sec. 5. This order is not intended to, and does not, create
    any right, benefit, or privilege, substantive or procedural,
    enforceable at law or in equity by a party against the United
    States, its departments, agencies, entities, officers,
    employees, or agents, or any other person.
        Sec. 6. This order shall be transmitted to the Congress and
    published in the Federal Register.
    (6) Blocking Property of the Former Iraqi Regime, Its Senior Officials
           and Their Family Members, and Taking Certain Other Actions

     Executive Order 13315, August 28, 2003, 68 F.R. 52315, 50 U.S.C. 1701
    note; as amended by Executive Order 13350, July 29, 2004, 69 F.R. 46055

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), section 5 of the United Nations
    Participation Act, as amended (22 U.S.C. 287c) (UNPA), and
    section 301 of title 3, United States Code, in view of United
    Nations Security Council Resolution 1483 of May 22, 2003, and
    in order to take additional steps with respect to the situation
    in Iraq,
        I, GEORGE W. BUSH, President of the United States of
    America, hereby expand the scope of the national emergency
    declared in Executive Order 13303 of May 22, 2003, to address
    the unusual and extraordinary threat to the national security
    and foreign policy of the United States posed by obstacles to
    the orderly reconstruction of Iraq, the restoration and
    maintenance of peace and security in that country, and the
    development of political, administrative, and economic
    institutions in Iraq. I find that the removal of Iraqi property
    from that country by certain senior officials of the former
    Iraqi regime and their immediate family members constitutes one
    of these obstacles. I further determine that the United States
    is engaged in armed hostilities and that it is in the interest
    of the United States to confiscate certain additional property
    of the former Iraqi regime, certain senior officials of the
    former regime, immediate family members of those officials, and
    controlled entities. I intend that such property, after all
    right, title, and interest in it has vested in the Department
    of the Treasury, shall be transferred to the Development Fund
    for Iraq. Such property shall be used to meet the humanitarian
    needs of the Iraqi people, for the economic reconstruction and
    repair of Iraq's infrastructure, for the continued disarmament
    of Iraq, for the costs of Iraqi civilian administration, and
    for other purposes benefiting the Iraqi people. I determine
    that such use would be in the interest of and for the benefit
    of the United States. I hereby order:
        Section 1. Except to the extent provided in section
    203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
    and (4)), or regulations, orders, directives, or licenses that
    may be issued pursuant to this order, and notwithstanding any
    contract entered into or any license or permit granted prior to
    the effective date of this order, all property and interests in
    property of the former Iraqi regime or its state bodies,
    corporations, or agencies, or of the following persons, that
    are in the United States, that hereafter come within the United
    States, or that are or hereafter come within the possession or
    control of United States persons, are blocked and may not be
    transferred, paid, exported, withdrawn, or otherwise dealt in:
              (a) the persons listed in the Annex to this order;
            \1\ and
    ---------------------------------------------------------------------------
        \1\ Sec. 2 of Executive Order 13350 (69 F.R. 46055) replaced this
    Annex with a new Annex in Executive Order 13350. Such Annex can be
    found at 69 F.R. 46058.
    ---------------------------------------------------------------------------
              (b) persons determined by the Secretary of the
            Treasury, in consultation with the Secretary of State,
                      (i) to be senior officials of the former
                    Iraqi regime or their immediate family members;
                    or
                      (ii) to be owned or controlled by, or acting
                    or purporting to act for or on behalf of,
                    directly or indirectly, any of the persons
                    listed in the Annex to this order or determined
                    to be subject to this order.
        Sec. 2. The Secretary of the Treasury, in consultation with
    the Secretary of State, is authorized to confiscate property
    that is blocked pursuant to section 1 of this order and that he
    determines, in consultation with the Secretary of State, to
    belong to a person, organization, or country that has planned,
    authorized, aided, or engaged in armed hostilities against the
    United States. All right, title, and interest in any property
    so confiscated shall vest in the Department of the Treasury.
    Such vested property shall promptly be transferred to the
    Development Fund for Iraq.
        Sec. 3. (a) Any transaction by a United States person or
    within the United States that evades or avoids, has the purpose
    of evading or avoiding, or attempts to violate any of the
    prohibitions set forth in this order is prohibited.
        (b) Any conspiracy formed to violate any of the
    prohibitions set forth in this order is prohibited.
        Sec. 4. For purposes of this order:
              (a) the term ``person'' means an individual or
            entity;
              (b) the term ``entity'' means a partnership,
            association, trust, joint venture, corporation, group,
            subgroup, or other organization;
              (c) the term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States or any
            jurisdiction within the United States (including
            foreign branches), or any person in the United States;
              (d) the term ``former Iraqi regime'' means the Saddam
            Hussein regime that governed Iraq until on or about May
            1, 2003;
              (e) the term ``coalition authority'' means the
            Coalition Provisional Authority under the direction of
            its Administrator, and the military forces of the
            United States, the United Kingdom, and their coalition
            partners present in Iraq under the command or
            operational control of the Commander of United States
            Central Command; and
              (f) the term ``Development Fund for Iraq'' means the
            fund established on or about May 22, 2003, on the books
            of the Central Bank of Iraq, by the Administrator of
            the Coalition Provisional Authority responsible for the
            temporary governance of Iraq and all accounts held for
            the fund or for the Central Bank of Iraq in the name of
            the fund.
        Sec. 5. I hereby determine that the making of donations of
    the type specified in section 203(b)(2) of IEEPA (50 U.S.C.
    1702(b)(2)) by or to persons determined to be subject to the
    sanctions imposed under this order would seriously impair my
    ability to deal with the national emergency declared in
    Executive Order 13303 and expanded in scope in this order and
    would endanger Armed Forces of the United States that are
    engaged in hostilities, and I hereby prohibit such donations as
    provided by section 1 of this order.
        Sec. 6. For those persons listed in the Annex to this order
    or determined to be subject to this order who might have a
    constitutional presence in the United States, I find that
    because of the ability to transfer funds or other assets
    instantaneously, prior notice to such persons of measures to be
    taken pursuant to this order would render these measures
    ineffectual. I therefore determine that for these measures to
    be effective in addressing the national emergency declared in
    Executive Order 13303 and expanded in scope in this order,
    there need be no prior notice of a listing or determination
    made pursuant to section 1 of this order.
        Sec. 7. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA and
    UNPA as may be necessary to carry out the purposes of this
    order. The Secretary of the Treasury may redelegate any of
    these functions to other officers and agencies of the United
    States Government, consistent with applicable law. All agencies
    of the United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order.
        Sec. 8. The Secretary of the Treasury, in consultation with
    the Secretary of State, is authorized to determine, subsequent
    to the issuance of this order, that circumstances no longer
    warrant inclusion of a person in the Annex to this order and
    that such person is therefore no longer covered within the
    scope of the order.
        Sec. 9. Nothing in this order is intended to affect the
    continued effectiveness of any rules, regulations, orders,
    licenses, or other forms of administrative action issued,
    taken, or continued in effect heretofore or hereafter under 31
    C.F.R. chapter V, except as expressly terminated, modified, or
    suspended by or pursuant to this order.
        Sec. 10. This order shall not apply to such property as is
    or may come under the control of the coalition authority in
    Iraq. Nothing in this order is intended to affect dispositions
    of such property or other determinations by the coalition
    authority.
        Sec. 11. This order is not intended to, and does not,
    create any right or benefit, substantive or procedural,
    enforceable at law or in equity by any party against the United
    States, its departments, agencies, instrumentalities, or
    entities, officers or employees, or any other person.
        Sec. 12. This order is effective on 12:01 a.m. EDT on
    August 29, 2003.
        Sec. 13. This order shall be transmitted to the Congress
    and published in the Federal Register.
      (7) Termination of Emergency Declared in Executive Order 12722 With
     Respect to Iraq and Modification of Executive Order 13290, Executive
                     Order 13303, and Executive Order 13315

      Executive Order 13350, July 29, 2004, 69 F.R. 46055, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations
    Participation Act, as amended (22 U.S.C. 287c) (UNPA), and
    section 301 of title 3, United States Code,
        I, GEORGE W. BUSH, President of the United States of
    America, have determined that the situation that gave rise to
    the declaration of a national emergency with respect to Iraq in
    Executive Order 12722 of August 2, 1990, has been significantly
    altered by the removal of the regime of Saddam Hussein and
    other developments. I hereby terminate the national emergency
    declared in Executive Order 12722, revoke that Executive Order
    and Executive Order 12724 of August 9, 1990,\1\ Executive Order
    12734 of November 14, 1990, Executive Order 12743 of January
    18, 1991, Executive Order 12751 of February 14, 1991, and
    Executive Order 12817 of October 21, 1992, that are based on
    that national emergency. I hereby amend Executive Order 13290
    of March 20, 2003, so that the authorities therein remain in
    effect based on the national emergency I declared in Executive
    Order 13303 of May 22, 2003, and expanded in Executive Order
    13315 of August 28, 2003. At the same time, and in order to
    take additional steps to deal with the national emergency that
    I declared in Executive Order 13303, and expanded in Executive
    Order 13315, with respect to the unusual and extraordinary
    threat to the national security and foreign policy of the
    United States posed by obstacles to the orderly reconstruction
    of Iraq, the restoration and maintenance of peace and security
    in that country, and the development of political,
    administrative and economic institutions in Iraq, I hereby
    order:
    ---------------------------------------------------------------------------
        \1\ Executive Order 12722 of August 2, 1990 (55 F.R. 32875) had
    declared a national emergency with respect to Iraq. Subsequently, sec.
    6 of Executive Order 12724 of August 9, 1990 (55 F.R. 33089) revoked
    Executive Order 12722, to the extent it was inconsistent with Executive
    Order 12724.
    ---------------------------------------------------------------------------
        Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C.
    1622(a)), termination of the national emergency declared in
    Executive Order 12722 shall not affect any action taken or
    proceeding pending but not finally concluded or determined as
    of the effective date of this order, any action or proceeding
    based on any act committed prior to such date, or any rights or
    duties that matured or penalties that were incurred prior to
    such date. Pursuant to section 207(a) of IEEPA (50 U.S.C.
    1706(a)), and subject to such regulations, orders, directives,
    or licenses as may be issued pursuant to this order, I hereby
    determine that the continuation of prohibitions with regard to
    transactions involving property blocked pursuant to Executive
    Orders 12722 or 12724 that continues to be blocked as of the
    effective date of this order is necessary on account of claims
    involving Iraq.
        Sec. 2. The Annex to Executive Order 13315 is replaced and
    superseded in its entirety by the Annex to this order.\2\
    ---------------------------------------------------------------------------
        \2\ The Annex to this Order, which contains a list of senior Iraqi
    officials and other individuals, can be found at 69 F.R. 46058.
    ---------------------------------------------------------------------------
        Sec. 3.\3\ * * *
    ---------------------------------------------------------------------------
        \3\ Sec. 3 amended Executive Order 13290, March 10, 2003.
    ---------------------------------------------------------------------------
        Sec. 4. Unless licensed or otherwise authorized pursuant to
    this order or otherwise consistent with U.S. law, the trade in
    or transfer of ownership or possession of Iraqi cultural
    property or other items of archeological, historical, cultural,
    rare scientific, and religious importance that were illegally
    removed, or for which a reasonable suspicion exists that they
    were illegally removed, from the Iraq National Museum, the
    National Library, and other locations in Iraq since August 6,
    1990, is prohibited.
        Sec. 5. I hereby determine that the making of donations of
    the type specified in section 203(b)(2) of IEEPA (50 U.S.C.
    1702(b)(2)) by or to persons determined to be subject to the
    sanctions imposed by Executive Order 13315 or by this order
    would seriously impair my ability to deal with the national
    emergency declared in Executive Order 13303, and expanded by
    Executive Order 13315, or would endanger the Armed Forces of
    the United States that are engaged in hostilities, and I hereby
    prohibit such donations as provided in section 1 of Executive
    Order 13315 as amended by this order.
        Sec. 6. For those persons listed in the Annex to this order
    or determined to be subject to Executive Order 13315 or this
    order who might have a constitutional presence in the United
    States, I find that because of the ability to transfer funds or
    other assets instantaneously, prior notice to such persons of
    measures to be taken pursuant to this order would render these
    measures ineffectual. I therefore determine that for these
    measures to be effective in addressing the national emergency
    declared in Executive Order 13303, and expanded by Executive
    Order 13315, there need be no prior notice of a listing or
    determination made pursuant to Executive Order 13315 or this
    order.
        Sec. 7. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA and
    UNPA as may be necessary to carry out the purposes of this
    order. The Secretary of the Treasury may redelegate any of
    these functions to other officers and agencies of the United
    States Government consistent with applicable law. All agencies
    of the United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order.
        Sec. 8. The Secretary of the Treasury, in consultation with
    the Secretary of State, is authorized to determine subsequent
    to the issuance of the order, that circumstances no longer
    warrant the inclusion of a person in the Annex to this order
    and that such person is therefore no longer covered within the
    scope of the order.
        Sec. 9. This order is not intended to, and does not, create
    any right or benefit, substantive or procedural, enforceable at
    law or in equity by any party against the United States, its
    departments, agencies, instrumentalities, or entities, officers
    or employees, or any other person.
        Sec. 10. This order is effective at 12:01 a.m. eastern
    daylight time on July 30, 2004. This order shall be transmitted
    to the Congress and published in the Federal Register.
     (8) Modifying the Protection Granted to the Development Fund for Iraq
     and Certain Property in Which Iraq Has an Interest and Protecting the
                              Central Bank of Iraq

    Executive Order 13364, November 29, 2004, 69 F.R. 70177, 50 U.S.C 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act, as
    amended (50 U.S.C. 1701 et seq.) (IEEPA), the National
    Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the
    United Nations Participation Act, as amended (22 U.S.C. 287c)
    (UNPA), and section 301 of title 3, United States Code,
        I, GEORGE W. BUSH, President of the United States of
    America, hereby modify the scope of the national emergency
    declared in Executive Order 13303 of May 22, 2003, and expanded
    in Executive Order 13315 of August 28, 2003, and further
    modified in Executive Order 13350 of July 29, 2004, to address
    the unusual and extraordinary threat to the national security
    and foreign policy of the United States posed by obstacles to
    the orderly reconstruction of Iraq, the restoration and
    maintenance of peace and security in that country, and the
    development of political, administrative, and economic
    institutions in Iraq. I find that the threat of attachment or
    other judicial process against the Central Bank of Iraq
    constitutes one of these obstacles. I further determine that,
    consistent with United Nations Security Council Resolutions
    1483 of May 22, 2003, and 1546 of June 8, 2004, the steps taken
    in Executive Order 13303 to deal with the national emergency
    declared therein need to be limited so that such steps do not
    apply with respect to any final judgment arising out of a
    contractual obligation entered into by the Government of Iraq,
    including any agency or instrumentality thereof, after June 30,
    2004, and so that, with respect to Iraqi petroleum and
    petroleum products and interests therein, such steps shall
    apply only until title passes to the initial purchaser.
        I hereby order:
        Section 1.\1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 1 amended sec. 1 of Executive Order 13303 (68 F.R. 31929)
    ---------------------------------------------------------------------------
        Sec. 2. (a) The Secretary of the Treasury, in consultation
    with the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA and
    the UNPA as may be necessary to carry out the purposes of this
    order. The Secretary of the Treasury may redelegate any of
    these functions to other officers and agencies of the United
    States Government consistent with applicable law. All agencies
    of the United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order.
        (b) Nothing contained in this order shall relieve a person
    from any requirement to obtain a license or other authorization
    in compliance with applicable laws and regulations.
        Sec. 3. This order is not intended to, and does not, create
    any right, benefit, or privilege, substantive or procedural,
    enforceable at law or in equity by party against the United
    States, its departments, agencies, entities, officers,
    employees, or agents, or any other person.
        Sec. 4. This order shall be transmitted to the Congress and
    published in the Federal Register.
                        k. Economic Relations With Iran

                  (1) Iran and Libya Sanctions Act of 1996 \1\

      Public Law 104-172 [H.R. 3107], 110 Stat. 1541, approved August 5,
    1996; as amended by Public Law 107-24 [ILSA Extension Act of 2001; H.R.
                 1954], 115 Stat. 199, approved August 3, 2001

       AN ACT To impose sanctions on persons making certain investments
       directly and significantly contributing to the enhancement of the
      ability of Iran or Libya to develop its petroleum resources, and on
        persons exporting certain items that enhance Libya's weapons or
        aviation capabilities or enhance Libya's ability to develop its
                  petroleum resources, 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 ``Iran and Libya Sanctions Act
    of 1996''.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1701 note. In a memorandum of November 21, 1996 (61
    F.R. 64249), the President made the following delegations of authority
    under this Act:
        ``I hereby delegate to the Secretary of State the functions vested
    in the President by the following provisions of the Iran and Libya
    Sanctions Act of 1996 (Public Law 104-172) (`the Act'), such functions
    to be exercised in consultation with the Departments of the Treasury
    and Commerce and the United States Trade Representative, and with the
    Export-Import Bank and the Federal Reserve Board and other interested
    agencies as appropriate: sections 4(c), 5(a), 5(b), 5(c), 5(f), 6(1),
    6(2), and 9(c). I hereby delegate to the Secretary of State the
    functions vested in the President by the following provisions of the
    Act: sections 4(a), 4(b), 4(d), 4(e), 5(d), 5(e), 9(a), 9(b), and 10. *
    * * The following functions vested in the President by the following
    provisions of the Act delegated by this memorandum may be redelegated:
    4(a), 4(b), 4(d), 4(e), 4(d), 5(e), and 10. All other functions
    delegated by this memorandum may not be redelegated.''.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS.

        The Congress makes the following findings:
              (1) The efforts of the Government of Iran to acquire
            weapons of mass destruction and the means to deliver
            them and its support of acts of international terrorism
            endanger the national security and foreign policy
            interests of the United States and those countries with
            which the United States shares common strategic and
            foreign policy objectives.
              (2) The objective of preventing the proliferation of
            weapons of mass destruction and acts of international
            terrorism through existing multilateral and bilateral
            initiatives requires additional efforts to deny Iran
            the financial means to sustain its nuclear, chemical,
            biological, and missile weapons programs.
              (3) The Government of Iran uses its diplomatic
            facilities and quasi-governmental institutions outside
            of Iran to promote acts of international terrorism and
            assist its nuclear, chemical, biological, and missile
            weapons programs.
              (4) The failure of the Government of Libya to comply
            with Resolutions 731, 748, and 883 of the Security
            Council of the United Nations, its support of
            international terrorism, and its efforts to acquire
            weapons of mass destruction constitute a threat to
            international peace and security that endangers the
            national security and foreign policy interests of the
            United States and those countries with which it shares
            common strategic and foreign policy objectives.

    SEC. 3. DECLARATION OF POLICY.

        (a) Policy With Respect to Iran.--The Congress declares
    that it is the policy of the United States to deny Iran the
    ability to support acts of international terrorism and to fund
    the development and acquisition of weapons of mass destruction
    and the means to deliver them by limiting the development of
    Iran's ability to explore for, extract, refine, or transport by
    pipeline petroleum resources of Iran.
        (b) Policy With Respect to Libya.--The Congress further
    declares that it is the policy of the United States to seek
    full compliance by Libya with its obligations under Resolutions
    731, 748, and 883 of the Security Council of the United
    Nations, including ending all support for acts of international
    terrorism and efforts to develop or acquire weapons of mass
    destruction.

    SEC. 4. MULTILATERAL REGIME.

        (a) Multilateral Negotiations.--In order to further the
    objectives of section 3, the Congress urges the President to
    commence immediately diplomatic efforts, both in appropriate
    international fora such as the United Nations, and bilaterally
    with allies of the United States, to establish a multilateral
    sanctions regime against Iran, including provisions limiting
    the development of petroleum resources, that will inhibit
    Iran's efforts to carry out activities described in section 2.
        (b) Reports to Congress.--The President shall report to the
    appropriate congressional committees, not later than 1 year
    after the date of the enactment of this Act, and periodically
    thereafter, on the extent that diplomatic efforts described in
    subsection (a) have been successful. Each report shall
    include--
              (1) the countries that have agreed to undertake
            measures to further the objectives of section 3 with
            respect to Iran, and a description of those measures;
            and
              (2) the countries that have not agreed to measures
            described in paragraph (1), and, with respect to those
            countries, other measures (in addition to that provided
            in subsection (d)) the President recommends that the
            United States take to further the objectives of section
            3 with respect to Iran.
        (c) Waiver.--The President may waive the application of
    section 5(a) with respect to nationals of a country if--
              (1) that country has agreed to undertake substantial
            measures, including economic sanctions, that will
            inhibit Iran's efforts to carry out activities
            described in section 2 and information required by
            subsection (b)(1) has been included in a report
            submitted under subsection (b); and
              (2) the President, at least 30 days before the waiver
            takes effect, notifies the appropriate congressional
            committees of his intention to exercise the waiver.
        (d) Enhanced Sanction.--
              (1) Sanction.--With respect to nationals of countries
            except those with respect to which the President has
            exercised the waiver authority of subsection (c), at
            any time after the first report is required to be
            submitted under subsection (b), section 5(a) shall be
            applied by substituting ``$20,000,000'' for
            ``$40,000,000'' each place it appears, and by
            substituting ``$5,000,000'' for ``$10,000,000''.
              (2) Report to congress.--The President shall report
            to the appropriate congressional committees any country
            with respect to which paragraph (1) applies.
        (e) Interim Report on Multilateral Sanctions; Monitoring.--
    The President, not later than 90 days after the date of the
    enactment of this Act, shall report to the appropriate
    congressional committees on--
              (1) whether the member states of the European Union,
            the Republic of Korea, Australia, Israel, or Japan have
            legislative or administrative standards providing for
            the imposition of trade sanctions on persons or their
            affiliates doing business or having investments in Iran
            or Libya;
              (2) the extent and duration of each instance of the
            application of such sanctions; and
              (3) the disposition of any decision with respect to
            such sanctions by the World Trade Organization or its
            predecessor organization.

    SEC. 5. IMPOSITION OF SANCTIONS.

        (a) Sanctions With Respect to Iran.--Except as provided in
    subsection (f), the President shall impose 2 or more of the
    sanctions described in paragraphs (1) through (6) of section 6
    if the President determines that a person has, with actual
    knowledge, on or after the date of the enactment of this Act,
    made an investment of $40,000,000 or more (or any combination
    of investments of at least $10,000,000 each, which in the
    aggregate equals or exceeds $40,000,000 in any 12-month
    period), that directly and significantly contributed to the
    enhancement of Iran's ability to develop petroleum resources of
    Iran.
        (b) Mandatory Sanctions With Respect to Libya.--
              (1) Violations of prohibited transactions.--Except as
            provided in subsection (f), the President shall impose
            2 or more of the sanctions described in paragraphs (1)
            through (6) of section 6 if the President determines
            that a person has, with actual knowledge, on or after
            the date of the enactment of this Act, exported,
            transferred, or otherwise provided to Libya any goods,
            services, technology, or other items the provision of
            which is prohibited under paragraph 4(b) or 5 of
            Resolution 748 of the Security Council of the United
            Nations, adopted March 31, 1992, or under paragraph 5
            or 6 of Resolution 883 of the Security Council of the
            United Nations, adopted November 11, 1993, if the
            provision of such items significantly and materially--
                      (A) contributed to Libya's ability to acquire
                    chemical, biological, or nuclear weapons or
                    destabilizing numbers and types of advanced
                    conventional weapons or enhanced Libya's
                    military or paramilitary capabilities;
                      (B) contributed to Libya's ability to develop
                    its petroleum resources; or
                      (C) contributed to Libya's ability to
                    maintain its aviation capabilities.
              (2) Investments that contribute to the development of
            petroleum resources.--Except as provided in subsection
            (f), the President shall impose 2 or more of the
            sanctions described in paragraphs (1) through (6) of
            section 6 if the President determines that a person
            has, with actual knowledge, on or after the date of the
            enactment of this Act, made an investment of
            $20,000,000 \2\ or more (or any combination of
            investments of at least $10,000,000 each, which in the
            aggregate equals or exceeds $20,000,000 \2\ in any 12-
            month period), that directly and significantly
            contributed to the enhancement of Libya's ability to
            develop its petroleum resources.
    ---------------------------------------------------------------------------
        \2\ Sec. 2(a) of the ILSA Extension Act of 2001 (Public Law 107-24;
    115 Stat. 199) struck out ``$40,000,000'' and inserted in lieu thereof
    $20,000,000''. Sec. 2(b) of that Act further stated that:
        ``(b) Effective Date.--The amendments made by subsection (a) shall
    apply to investments made on or after June 13, 2001.''.
    ---------------------------------------------------------------------------
        (c) Persons Against Which the Sanctions Are To Be
    Imposed.--The sanctions described in subsections (a) and (b)
    shall be imposed on--
              (1) any person the President determines has carried
            out the activities described in subsection (a) or (b);
            and
              (2) any person the President determines--
                      (A) is a successor entity to the person
                    referred to in paragraph (1);
                      (B) is a parent or subsidiary of the person
                    referred to in paragraph (1) if that parent or
                    subsidiary, with actual knowledge, engaged in
                    the activities referred to in paragraph (1); or
                      (C) is an affiliate of the person referred to
                    in paragraph (1) if that affiliate, with actual
                    knowledge, engaged in the activities referred
                    to in paragraph (1) and if that affiliate is
                    controlled in fact by the person referred to in
                    paragraph (1).
    For purposes of this Act, any person or entity described in
    this subsection shall be referred to as a ``sanctioned
    person''.
        (d) Publication in Federal Register.--The President shall
    cause to be published in the Federal Register a current list of
    persons and entities on whom sanctions have been imposed under
    this Act. The removal of persons or entities from, and the
    addition of persons and entities to, the list, shall also be so
    published.
        (e) \3\ Publication of Projects.--The President shall cause
    to be published in the Federal Register a list of all
    significant projects which have been publicly tendered in the
    oil and gas sector in Iran.
    ---------------------------------------------------------------------------
        \3\ The Department of State published such a list in Public Notice
    No. 2501, January 2, 1997 (62 F.R. 1141).
    ---------------------------------------------------------------------------
        (f) Exceptions.--The President shall not be required to
    apply or maintain the sanctions under subsection (a) or (b)--
              (1) in the case of procurement of defense articles or
            defense services--
                      (A) under existing contracts or subcontracts,
                    including the exercise of options for
                    production quantities to satisfy requirements
                    essential to the national security of the
                    United States;
                      (B) if the President determines in writing
                    that the person to which the sanctions would
                    otherwise be applied is a sole source supplier
                    of the defense articles or services, that the
                    defense articles or services are essential, and
                    that alternative sources are not readily or
                    reasonably available; or
                      (C) if the President determines in writing
                    that such articles or services are essential to
                    the national security under defense
                    coproduction agreements;
              (2) in the case of procurement, to eligible products,
            as defined in section 308(4) of the Trade Agreements
            Act of 1979 (19 U.S.C. 2518(4)), of any foreign country
            or instrumentality designated under section 301(b)(1)
            of that Act (19 U.S.C. 2511(b)(1));
              (3) to products, technology, or services provided
            under contracts entered into before the date on which
            the President publishes in the Federal Register the
            name of the person on whom the sanctions are to be
            imposed;
              (4) to--
                      (A) spare parts which are essential to United
                    States products or production;
                      (B) component parts, but not finished
                    products, essential to United States products
                    or production; or
                      (C) routine servicing and maintenance of
                    products, to the extent that alternative
                    sources are not readily or reasonably
                    available;
              (6) \4\ to information and technology essential to
            United States products or production; or
    ---------------------------------------------------------------------------
        \4\ As enrolled; no para. (5).
    ---------------------------------------------------------------------------
              (7) to medicines, medical supplies, or other
            humanitarian items.

    SEC. 6. DESCRIPTION OF SANCTIONS.

        The sanctions to be imposed on a sanctioned person under
    section 5 are as follows:
              (1) Export-import bank assistance for exports to
            sanctioned persons.--The President may direct the
            Export-Import Bank of the United States not to give
            approval to the issuance of any guarantee, insurance,
            extension of credit, or participation in the extension
            of credit in connection with the export of any goods or
            services to any sanctioned person.
              (2) Export sanction.--The President may order the
            United States Government not to issue any specific
            license and not to grant any other specific permission
            or authority to export any goods or technology to a
            sanctioned person under--
                      (i) the Export Administration Act of 1979;
                      (ii) the Arms Export Control Act;
                      (iii) the Atomic Energy Act of 1954; or
                      (iv) any other statute that requires the
                    prior review and approval of the United States
                    Government as a condition for the export or
                    reexport of goods or services.
              (3) Loans from united states financial
            institutions.--The United States Government may
            prohibit any United States financial institution from
            making loans or providing credits to any sanctioned
            person totaling more than $10,000,000 in any 12-month
            period unless such person is engaged in activities to
            relieve human suffering and the loans or credits are
            provided for such activities.
              (4) Prohibitions on financial institutions.--The
            following prohibitions may be imposed against a
            sanctioned person that is a financial institution:
                      (A) Prohibition on designation as primary
                    dealer.--Neither the Board of Governors of the
                    Federal Reserve System nor the Federal Reserve
                    Bank of New York may designate, or permit the
                    continuation of any prior designation of, such
                    financial institution as a primary dealer in
                    United States Government debt instruments.
                      (B) Prohibition on service as a repository of
                    government funds.--Such financial institution
                    may not serve as agent of the United States
                    Government or serve as repository for United
                    States Government funds.
            The imposition of either sanction under subparagraph
            (A) or (B) shall be treated as 1 sanction for purposes
            of section 5, and the imposition of both such sanctions
            shall be treated as 2 sanctions for purposes of section
            5.
              (5) Procurement sanction.--The United States
            Government may not procure, or enter into any contract
            for the procurement of, any goods or services from a
            sanctioned person.
              (6) Additional sanctions.--The President may impose
            sanctions, as appropriate, to restrict imports with
            respect to a sanctioned person, in accordance with the
            International Emergency Economic Powers Act (50 U.S.C.
            1701 and following).

    SEC. 7. ADVISORY OPINIONS.

        The Secretary of State may, upon the request of any person,
    issue an advisory opinion to that person as to whether a
    proposed activity by that person would subject that person to
    sanctions under this Act. Any person who relies in good faith
    on such an advisory opinion which states that the proposed
    activity would not subject a person to such sanctions, and any
    person who thereafter engages in such activity, will not be
    made subject to such sanctions on account of such activity.

    SEC. 8. TERMINATION OF SANCTIONS.

        (a) Iran.--The requirement under section 5(a) to impose
    sanctions shall no longer have force or effect with respect to
    Iran if the President determines and certifies to the
    appropriate congressional committees that Iran--
              (1) has ceased its efforts to design, develop,
            manufacture, or acquire--
                      (A) a nuclear explosive device or related
                    materials and technology;
                      (B) chemical and biological weapons; and
                      (C) ballistic missiles and ballistic missile
                    launch technology; and
              (2) has been removed from the list of countries the
            governments of which have been determined, for purposes
            of section 6(j) of the Export Administration Act of
            1979, to have repeatedly provided support for acts of
            international terrorism.
        (b) Libya.--The requirement under section 5(b) to impose
    sanctions shall no longer have force or effect with respect to
    Libya if the President determines and certifies to the
    appropriate congressional committees that Libya has fulfilled
    the requirements of United Nations Security Council Resolution
    731, adopted January 21, 1992, United Nations Security Council
    Resolution 748, adopted March 31, 1992, and United Nations
    Security Council Resolution 883, adopted November 11, 1993.

    SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.

        (a) Delay of Sanctions.--
              (1) Consultations.--If the President makes a
            determination described in section 5(a) or 5(b) with
            respect to a foreign person, the Congress urges the
            President to initiate consultations immediately with
            the government with primary jurisdiction over that
            foreign person with respect to the imposition of
            sanctions under this Act.
              (2) Actions by government of jurisdiction.--In order
            to pursue consultations under paragraph (1) with the
            government concerned, the President may delay
            imposition of sanctions under this Act for up to 90
            days. Following such consultations, the President shall
            immediately impose sanctions unless the President
            determines and certifies to the Congress that the
            government has taken specific and effective actions,
            including, as appropriate, the imposition of
            appropriate penalties, to terminate the involvement of
            the foreign person in the activities that resulted in
            the determination by the President under section 5(a)
            or 5(b) concerning such person.
              (3) Additional delay in imposition of sanctions.--The
            President may delay the imposition of sanctions for up
            to an additional 90 days if the President determines
            and certifies to the Congress that the government with
            primary jurisdiction over the person concerned is in
            the process of taking the actions described in
            paragraph (2).
              (4) Report to congress.--Not later than 90 days after
            making a determination under section 5(a) or 5(b), the
            President shall submit to the appropriate congressional
            committees a report on the status of consultations with
            the appropriate foreign government under this
            subsection, and the basis for any determination under
            paragraph (3).
        (b) Duration of Sanctions.--A sanction imposed under
    section 5 shall remain in effect--
              (1) for a period of not less than 2 years from the
            date on which it is imposed; or
              (2) until such time as the President determines and
            certifies to the Congress that the person whose
            activities were the basis for imposing the sanction is
            no longer engaging in such activities and that the
            President has received reliable assurances that such
            person will not knowingly engage in such activities in
            the future, except that such sanction shall remain in
            effect for a period of at least 1 year.
        (c) Presidential Waiver.--
              (1) Authority.--The President may waive the
            requirement in section 5 to impose a sanction or
            sanctions on a person described in section 5(c), and
            may waive the continued imposition of a sanction or
            sanctions under subsection (b) of this section, 30 days
            or more after the President determines and so reports
            to the appropriate congressional committees that it is
            important to the national interest of the United States
            to exercise such waiver authority.
              (2) Contents of report.--Any report under paragraph
            (1) shall provide a specific and detailed rationale for
            the determination under paragraph (1), including--
                      (A) a description of the conduct that
                    resulted in the determination under section
                    5(a) or (b), as the case may be;
                      (B) in the case of a foreign person, an
                    explanation of the efforts to secure the
                    cooperation of the government with primary
                    jurisdiction over the sanctioned person to
                    terminate or, as appropriate, penalize the
                    activities that resulted in the determination
                    under section 5(a) or (b), as the case may be;
                      (C) an estimate as to the significance--
                              (i) of the provision of the items
                            described in section 5(a) to Iran's
                            ability to develop its petroleum
                            resources, or
                              (ii) of the provision of the items
                            described in section 5(b)(1) to the
                            abilities of Libya described in
                            subparagraph (A), (B), or (C) of
                            section 5(b)(1), or of the investment
                            described in section 5(b)(2) on Libya's
                            ability to develop its petroleum
                            resources, as the case may be; and
                      (D) a statement as to the response of the
                    United States in the event that the person
                    concerned engages in other activities that
                    would be subject to section 5(a) or (b).
              (3) Effect of report on waiver.--If the President
            makes a report under paragraph (1) with respect to a
            waiver of sanctions on a person described in section
            5(c), sanctions need not be imposed under section 5(a)
            or (b) on that person during the 30-day period referred
            to in paragraph (1).

    SEC. 10. REPORTS REQUIRED.

        (a) Report on Certain International Initiatives.--Not later
    than 6 months after the date of the enactment of this Act, and
    every 6 months thereafter, the President shall transmit a
    report to the appropriate congressional committees describing--
              (1) the efforts of the President to mount a
            multilateral campaign to persuade all countries to
            pressure Iran to cease its nuclear, chemical,
            biological, and missile weapons programs and its
            support of acts of international terrorism;
              (2) the efforts of the President to persuade other
            governments to ask Iran to reduce the presence of
            Iranian diplomats and representatives of other
            government and military or quasi-governmental
            institutions of Iran and to withdraw any such diplomats
            or representatives who participated in the takeover of
            the United States embassy in Tehran on November 4,
            1979, or the subsequent holding of United States
            hostages for 444 days;
              (3) the extent to which the International Atomic
            Energy Agency has established regular inspections of
            all nuclear facilities in Iran, including those
            presently under construction; and
              (4) Iran's use of Iranian diplomats and
            representatives of other government and military or
            quasi-governmental institutions of Iran to promote acts
            of international terrorism or to develop or sustain
            Iran's nuclear, chemical, biological, and missile
            weapons programs.
        (b) \5\ Report on Effectiveness of Actions Under This
    Act.--Not earlier than 24 months, and not later than 30 months,
    after the date of the enactment of the ILSA Extension Act of
    2001, the President shall transmit to Congress a report that
    describes--
    ---------------------------------------------------------------------------
        \5\ Sec. 3 of the ILSA Extension Act of 2001 (Public Law 107-24;
    115 Stat. 199) redesignated subsec. (b) as subsec. (c) and added a new
    subsec. (b).
    ---------------------------------------------------------------------------
              (1) the extent to which actions relating to trade
            taken pursuant to this Act--
                      (A) have been effective in achieving the
                    objectives of section 3 and any other foreign
                    policy or national security objectives of the
                    United States with respect to Iran and Libya;
                    and
                      (B) have affected humanitarian interests in
                    Iran and Libya, the country in which the
                    sanctioned person is located, or in other
                    countries; and
              (2) the impact of actions relating to trade taken
            pursuant to this Act on other national security,
            economic, and foreign policy interests of the United
            States, including relations with countries friendly to
            the United States, and on the United States economy.
    The President may include in the report the President's
    recommendation on whether or not this Act should be terminated
    or modified.
        (c) \5\ Other Reports.--The President shall ensure the
    continued transmittal to the Congress of reports describing--
              (1) the nuclear and other military capabilities of
            Iran, as required by section 601(a) of the Nuclear Non-
            Proliferation Act of 1978 and section 1607 of the
            National Defense Authorization Act for Fiscal Year
            1993; and
              (2) the support provided by Iran for acts of
            international terrorism, as part of the Department of
            State's annual report on international terrorism.

    SEC. 11. DETERMINATIONS NOT REVIEWABLE.

        A determination to impose sanctions under this Act shall
    not be reviewable in any court.

    SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.

        Nothing in this Act shall apply to any activities subject
    to the reporting requirements of title V of the National
    Security Act of 1947.

    SEC. 13. EFFECTIVE DATE; SUNSET.

        (a) Effective Date.--This Act shall take effect on the date
    of the enactment of this Act.
        (b) Sunset.--This Act shall cease to be effective on the
    date that is 10 years \6\ after the date of the enactment of
    this Act.
    ---------------------------------------------------------------------------
        \6\ Sec. 4 of the ILSA Extension Act of 2001 (Public Law 107-24;
    115 Stat. 200) struck out ``5 years'' and inserted in lieu thereof ``10
    years''.
    ---------------------------------------------------------------------------

    SEC. 14. DEFINITIONS.

        As used in this Act:
              (1) Act of international terrorism.--The term ``act
            of international terrorism'' means an act--
                      (A) which is violent or dangerous to human
                    life and that is a violation of the criminal
                    laws of the United States or of any State or
                    that would be a criminal violation if committed
                    within the jurisdiction of the United States or
                    any State; and
                      (B) which appears to be intended--
                              (i) to intimidate or coerce a
                            civilian population;
                              (ii) to influence the policy of a
                            government by intimidation or coercion;
                            or
                              (iii) to affect the conduct of a
                            government by assassination or
                            kidnapping.
              (2) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Finance, the Committee on Banking,
            Housing, and Urban Affairs, and the Committee on
            Foreign Relations of the Senate and the Committee on
            Ways and Means, the Committee on Banking and Financial
            Services, and the Committee on International Relations
            of the House of Representatives.
              (3) Component part.--The term ``component part'' has
            the meaning given that term in section 11A(e)(1) of the
            Export Administration Act of 1979 (50 U.S.C. App.
            2410a(e)(1)).
              (4) Develop and development.--To ``develop'', or the
            ``development'' of, petroleum resources means the
            exploration for, or the extraction, refining, or
            transportation by pipeline of, petroleum resources.
              (5) Financial institution.--The term ``financial
            institution'' includes--
                      (A) a depository institution (as defined in
                    section 3(c)(1) of the Federal Deposit
                    Insurance Act), including a branch or agency of
                    a foreign bank (as defined in section 1(b)(7)
                    of the International Banking Act of 1978);
                      (B) a credit union;
                      (C) a securities firm, including a broker or
                    dealer;
                      (D) an insurance company, including an agency
                    or underwriter; and
                      (E) any other company that provides financial
                    services.
              (6) Finished product.--The term ``finished product''
            has the meaning given that term in section 11A(e)(2) of
            the Export Administration Act of 1979 (50 U.S.C. App.
            2410a(e)(2)).
              (7) Foreign person.--The term ``foreign person''
            means--
                      (A) an individual who is not a United States
                    person or an alien lawfully admitted for
                    permanent residence into the United States; or
                      (B) a corporation, partnership, or other
                    nongovernmental entity which is not a United
                    States person.
              (8) Goods and technology.--The terms ``goods'' and
            ``technology'' have the meanings given those terms in
            section 16 of the Export Administration Act of 1979 (50
            U.S.C. App. 2415).
              (9) Investment.--The term ``investment'' means any of
            the following activities if such activity is undertaken
            pursuant to an agreement, or pursuant to the exercise
            of rights under such an agreement, that is entered into
            with the Government of Iran or a nongovenmental entity
            in Iran, or with the Government of Libya or a
            nongovernmental entity in Libya, on or after the date
            of the enactment of this Act:
                      (A) The entry into a contract that includes
                    responsibility for the development of petroleum
                    resources located in Iran or Libya (as the case
                    may be), or the entry into a contract providing
                    for the general supervision and guarantee of
                    another person's performance of such a
                    contract.
                      (B) The purchase of a share of ownership,
                    including an equity interest, in that
                    development.
                      (C) The entry into a contract providing for
                    the participation in royalties, earnings, or
                    profits in that development, without regard to
                    the form of the participation.
            The term ``investment'' does not include the entry
            into, performance, or financing of a contract to sell
            or purchase goods, services, or technology. For
            purposes of this paragraph, an amendment or other
            modification that is made, on or after June 13, 2001,
            to an agreement or contract shall be treated as the
            entry of an agreement or contract.\7\
    ---------------------------------------------------------------------------
        \7\ Sec. 5 of the ILSA Extension Act of 2001 (Public Law 107-24;
    115 Stat. 200) added this sentence.
    ---------------------------------------------------------------------------
              (10) Iran.--The term ``Iran'' includes any agency or
            instrumentality of Iran.
              (11) Iranian diplomats and representatives of other
            government and military or quasi-governmental
            institutions of iran.--The term ``Iranian diplomats and
            representatives of other government and military or
            quasi-governmental institutions of Iran'' includes
            employees, representatives, or affiliates of Iran's--
                      (A) Foreign Ministry;
                      (B) Ministry of Intelligence and Security;
                      (C) Revolutionary Guard Corps;
                      (D) Crusade for Reconstruction;
                      (E) Qods (Jerusalem) Forces;
                      (F) Interior Ministry;
                      (G) Foundation for the Oppressed and
                    Disabled;
                      (H) Prophet's Foundation;
                      (I) June 5th Foundation;
                      (J) Martyr's Foundation;
                      (K) Islamic Propagation Organization; and
                      (L) Ministry of Islamic Guidance.
              (12) Libya.--The term ``Libya'' includes any agency
            or instrumentality of Libya.
              (13) Nuclear explosive device.--The term ``nuclear
            explosive device'' means any device, whether assembled
            or disassembled, that is designed to produce an
            instantaneous release of an amount of nuclear energy
            from special nuclear material (as defined in section
            11(aa) of the Atomic Energy Act of 1954) that is
            greater than the amount of energy that would be
            released from the detonation of one pound of
            trinitrotoluene (TNT).
              (14) Person.--The term ``person'' means--
                      (A) a natural person;
                      (B) a corporation, business association,
                    partnership, society, trust, any other
                    nongovernmental entity, organization, or group,
                    and any governmental entity operating as a
                    business enterprise; and
                      (C) any successor to any entity described in
                    subparagraph (B).
              (15) Petroleum resources.--The term ``petroleum
            resources'' includes petroleum and natural gas
            resources.
              (16) United states or state.--The term ``United
            States'' or ``State'' means the several States, the
            District of Columbia, the Commonwealth of Puerto Rico,
            the Commonwealth of the Northern Mariana Islands,
            American Samoa, Guam, the United States Virgin Islands,
            and any other territory or possession of the United
            States.
              (17) United states person.--The term ``United States
            person'' means--
                      (A) a natural person who is a citizen of the
                    United States or who owes permanent allegiance
                    to the United States; and
                      (B) a corporation or other legal entity which
                    is organized under the laws of the United
                    States, any State or territory thereof, or the
                    District of Columbia, if natural persons
                    described in subparagraph (A) own, directly or
                    indirectly, more than 50 percent of the
                    outstanding capital stock or other beneficial
                    interest in such legal entity.
                    (2) Blocking Iranian Government Property

    Executive Order 12170, November 14, 1979, 44 F.R. 65729, 50 U.S.C. 1701
                                      note

              Note.--Other actions taken by the President regarding
            the Iranian crisis included a series of Executive
            Orders prohibiting certain transactions with Iran,
            establishing of and managing of escrow accounts, and
            overseeing the transfer of various Iranian assets. The
            President also issued Proclamation 4702 (44 F.R.
            65581), issued on November 12, 1979, to prohibit
            Iranian oil from entering the United States (revoked
            January 19, 1981), and Executive Order 12172 (November
            26, 1979; 44 F.R. 67947), to delegate authority
            conferred on him by 8 U.S.C. 1185 (travel control of
            citizens and aliens during war or national emergency)
            to the Secretary of State and the Attorney General with
            respect to Iranians holding nonimmigrant visas.

        Pursuant to the authority vested in me as President by the
    Constitution and laws of the United States including the
    International Emergency Economic Powers Act, 50 U.S.C.A. sec.
    1701 et seq., the National Emergencies Act, 50 U.S.C. sec. 1601
    et seq., and 3 U.S.C. sec. 301,
        I, JIMMY CARTER, President of the United States, find that
    the situation in Iran constitutes an unusual and extraordinary
    threat to the national security, foreign policy and economy of
    the United States and hereby declare a national emergency to
    deal with that threat.\1\
    ---------------------------------------------------------------------------
        \1\ In a notice of November 12, 1980 (45 F.R. 75159), the President
    stated that the situation which prompted the declaration of this
    national emergency continues and that therefore, this national
    emergency must continue in effect beyond November 14, 1980. Subsequent
    notices of the continuation of this national emergency were transmitted
    to the Congress on November 12, 1981 (46 F.R. 55915); November 8, 1982
    (47 F.R. 50841); November 4, 1983 (48 F.R. 51277); November 7, 1984 (49
    F.R. 44741); November 1, 1985 (50 F.R. 45901); November 10, 1986 (51
    F.R. 41067); November 10, 1987 (52 F.R. 43549); November 8, 1988 (53
    F.R. 45750); October 30, 1989 (54 F.R. 46043); November 9, 1990 (55
    F.R. 47453); November 12, 1991 (56 F.R. 57791); October 25, 1992 (57
    F.R. 48719); November 1, 1993 (58 F.R. 58639); October 31, 1994 (59
    F.R. 54785); October 31, 1995 (60 F.R. 55651); October 29, 1996 (61
    F.R. 56107); September 30, 1997 (62 F.R. 51591); November 9, 1998 (63
    F.R. 63125; November 5, 1999 (64 F.R. 61471); November 5, 2000 (65 F.R.
    68061); November 14, 2001 (67 F.R. 56966); November 13, 2002 (67 F.R.
    68927); November 12, 2003 (68 F.R. 64487); November 9, 2004 (69 F.R.
    65513); and November 9, 2005 (70 F.R. 69039).
    ---------------------------------------------------------------------------
        I hereby order blocked all property and interests in
    property of the Government of Iran, its instrumentalities and
    controlled entities and the Central Bank of Iran which are or
    become subject to the jurisdiction of the United States or
    which are in or come within the possession or control of
    persons subject to the jurisdiction of the United States.
        The Secretary of the Treasury is authorized to employ all
    powers granted to me by the International Emergency Economic
    Powers Act to carry out the provisions of this order.
        This order is effective immediately and shall be
    transmitted to the Congress and published in the Federal
    Register.
                       (3) Prohibiting Imports From Iran

     Executive Order 12613, October 29, 1987, 52 F.R. 41940, as amended by
    Executive Order 12959, May 6, 1995, 60 F.R. 24757; revoked by Executive
                  Order 13059, August 19, 1997, 62 F.R. 44531

              Note.--Executive Order 13059 of August 19, 1997 (62
            F.R. 44531) consolidated several Executive Orders
            pertaining to transactions with Iran and revoked the
            remaining sections of this order, with respect to
            transactions occurring after August 20, 1997.

    (4) Prohibiting Certain Transactions With Respect to the Development of
                          Iranian Petroleum Resources

      Executive Order 12957, March 15, 1995, 60 F.R. 14615; as amended by
             Executive Order 12959, May 6, 1995, 60 F.R. 24757 \1\

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
    1601 et seq.), and section 301 of title 3, United States Code,
    ---------------------------------------------------------------------------
        \1\ See also 31 CFR Part 560.
    ---------------------------------------------------------------------------
        I, WILLIAM J. CLINTON, President of the United States of
    America, find that the actions and policies of the Government
    of Iran constitute an unusual and extraordinary threat to the
    national security, foreign policy, and economy of the United
    States, and hereby declare a national emergency to deal with
    that threat.\2\
    ---------------------------------------------------------------------------
        \2\ This national emergency was continued by Presidential notices
    on the following dates: March 8, 1996 (61 F.R. 9897); March 5, 1997 (62
    F.R. 10409); March 4, 1998 (63 F.R. 11099); March 10, 1999 (64 F.R.
    12239); March 13, 2000 (65 F.R. 13863); March 13, 2001 (66 F.R. 14013);
    March 13, 2002 (67 F.R. 11553); March 12, 2003 (68 F.R. 12567); March
    10, 2004 (69 F.R. 12051); and March 10, 2005 (70 F.R. 12581).
    ---------------------------------------------------------------------------
        I hereby order:
        Section 1.\3\ * * * [Revoked--1995]
    ---------------------------------------------------------------------------
        \3\ Sec. 5 of Executive Order No. 12959 (May 6, 1995; 60 F.R.
    24757) revoked secs. 1 and 2, which formerly read as follows:
        ``Section 1. The following are prohibited, except to the extent
    provided in regulations, orders, directives, or licenses that may be
    issued pursuant to this order, and notwithstanding any contract entered
    into or any license or permit granted prior to the effective date of
    this order: (a) the entry into or performance by a United States
    person, or the approval by a United States person of the entry into or
    performance by an entity owned or controlled by a United States person,
    of (i) a contract that includes overall supervision and management
    responsibility for the development of petroleum resources located in
    Iran, or (ii) a guaranty of another person's performance under such a
    contract;
        ``(b) the entry into or performance by a United States person, or
    the approval by a United States person of the entry into or performance
    by an entity owned or controlled by a United States person, of (i) a
    contract for the financing of the development of petroleum resources
    located in Iran, or (ii) a guaranty of another person's performance
    under such a contract; and
        ``(c) any transaction by any United States person or within the
    United States that evades or avoids, or has the purpose of evading or
    avoiding, or attempts to violate, any of the prohibitions set forth in
    this order.
        ``Sec. 2. For the purposes of this order: (a) The term `person'
    means an individual or entity;
        ``(b) The term `entity' means a partnership, association, trust,
    joint venture, corporation, or other organization;
        ``(c) The term `United States person' means any United States
    citizen, permanent resident alien, entity organized under the laws of
    the United States (including foreign branches), or any person in the
    United States; and
        ``(d) The term `Iran' means the land territory claimed by Iran and
    any other area over which Iran claims sovereignty, sovereign rights or
    jurisdiction, including the territorial sea, exclusive economic zone,
    and continental shelf claimed by Iran.''.
    ---------------------------------------------------------------------------
        Sec. 2.\3\ * * * [Revoked--1995]
        Sec. 3. The Secretary of the treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to me by the International
    Emergency Economic Powers Act as may be necessary to carry out
    the purposes of this order. The Secretary of the Treasury may
    redelegate any of these functions to other officers and
    agencies of the United States Government. All agencies of the
    United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order.
        Sec. 4. Nothing contained in this order shall create any
    right or benefit, substantive or procedural, enforceable by any
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.
        Sec. 5. (a) This order is effective at 12:01 a.m., eastern
    standard time, on March 16, 1995.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
           (5) Prohibiting Certain Transactions With Respect to Iran

    Executive Order 12959, May 6, 1995, 60 F.R. 24757; amended by Executive
                Order 13059, August 19, 1997, 62 F.R. 44531 \1\

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), section 505 of the International Security
    and Development Cooperation Act of 1985 (22 U.S.C. 2349aa-9)
    (ISDCA), and section 301 of title 3, United States Code,
        I, WILLIAM J. CLINTON, President of the United States of
    America, in order to take steps with respect to Iran in
    addition to those set forth in Executive Order No. 12957 of
    March 15, 1995, to deal with the unusual and extraordinary
    threat to the national security, foreign policy, and economy of
    the United States referred to in that order, hereby order:
    ---------------------------------------------------------------------------
        \1\ See also 31 CFR Part 560.
    ---------------------------------------------------------------------------
        Section 1. The following are prohibited, except to the
    extent provided in regulations, orders, directives, or licenses
    that may be issued pursuant to this order, and notwithstanding
    any contract entered into or any license or permit granted
    prior to the effective date of this order: \2\
    ---------------------------------------------------------------------------
        \2\ Executive Order 13059 (August 19, 1997; 62 F.R. 44531)
    consolidated provisions of Executive Orders 12613, 12957, and 12959,
    and revoked Executive Order 12613 and subsecs. (a), (b), (c), (d), and
    (f) of sec. 1 of this order, with respect to transactions occurring
    after the effective date of Executive Order 13059 (effective August 20,
    1997). Subsecs. (a), (b), (c), (d), and (f) formerly read as follows:
        ``(a) the importation into the United States, or the financing of
    such importation, of any goods or services of Iranian origin, other
    than Iranian-origin publications and materials imported for news
    publications or news broadcast dissemination;
        ``(b) except to the extent provided in section 203(b) of IEEPA (50
    U.S.C. 1702(b)), the exportation from the United States to Iran, the
    Government of Iran, or to any entity owned or controlled by the
    Government of Iran, or the financing of such exportation, of any goods,
    technology (including technical data or other information subject to
    the Export Administration Regulations, 15 CFR Parts 768-799 (1994) (the
    `EAR')), or services;
        ``(c) the reexportation to Iran, the Government of Iran, or to any
    entity owned or controlled by the Government of Iran, of any goods or
    technology (including technical data or other information) exported
    from the United States, the exportation of which to Iran is subject to
    export license application requirements under any United States
    regulations in effect immediately prior to the issuance of this order,
    unless, for goods, they have been (i) substantially transformed outside
    the United States, or (ii) incorporated into another product outside
    the United States and constitute less than 10 percent by value of that
    product exported from a third country;
        ``(d) except to the extent provided in section 203(b) of IEEPA (50
    U.S.C. 1702(b)), any transaction, including purchase, sale,
    transportation, swap, financing, or brokering transactions, by a United
    States person relating to goods or services of Iranian origin or owned
    or controlled by the Government of Iran;
    ---------------------------------------------------------------------------

    * * * * * * *
    ---------------------------------------------------------------------------

        ``(f) the approval or facilitation by a United States person of the
    entry into or performance by an entity owned or controlled by a United
    States person of a transaction or contract (i) prohibited as to United
    States persons by subsection (c), (d), or (e) above, or (ii) relating
    to the financing of activities prohibited as to United States persons
    by those subsections, or of a guaranty of another person's performance
    of such transaction or contract; and''.
    ---------------------------------------------------------------------------
        (a)-(d) \2\ * * * [Revoked--1997]
        (e) any new investment by a United States person in Iran or
    in property (including entities) owned or controlled by the
    Government of Iran;
        (f) \2\ * * * [Revoked--1997]
        (g) any transaction by any United States person or within
    the United States that evades or avoids, or has the purpose of
    evading or avoiding, or attempts to violate, any of the
    prohibitions set forth in this order.
        Sec. 2. For the purposes of this order:
        (a) the term ``person'' means an individual or entity;
        (b) the term ``entity'' means a partnership, association,
    trust, joint venture, corporation, or other organization;
        (c) the term ``United States person'' means any United
    States citizen, permanent resident alien, entity organized
    under the laws of the United States (including foreign
    branches), or any person in the United States;
        (d) the term ``Iran'' means the territory of Iran and any
    other territory or marine area, including the exclusive
    economic zone and continental shelf, over which the Government
    of Iran claims sovereignty, sovereign rights orjurisdiction,
    provided that the Government of Iran exercises partial or total
    de facto control over the area or derives a benefit from
    economic activity in the area pursuant to international
    arrangements; and
        (e) the term ``new investment'' means (i) a commitment or
    contribution of funds or other assets, or (ii) a loan or other
    extension of credit.
        Sec. 3. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    the requirement of reports, including reports by United States
    persons on oil transactions engaged in by their foreign
    affiliates with Iran or the Government of Iran, and to employ
    all powers granted to the President by IEEPA and ISDCA as may
    be necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government.
    All agencies of the United States Government are hereby
    directed to take all appropriate measures within their
    authority to carry out the provisions of this order.
        Sec. 4. The Secretary of the Treasury may not authorize the
    exportation or reexportation to Iran, the Government of Iran,
    or an entity owned or controlled by the Government of Iran of
    any goods, technology, or services subject to export license
    application requirements of another agency of the United States
    Government, if authorization of the exportation or
    reexportation by that agency would be prohibited by law.
        Sec. 5. Sections 1 and 2 of Executive Order No. 12613 of
    October 29, 1987, and sections 1 and 2 of Executive Order No.
    12957 of March 15, 1995, are hereby revoked to the extent
    inconsistent with this order.\3\ Otherwise, the provisions of
    this order supplement the provisions of Executive Orders No.
    12613 and 12957.
    ---------------------------------------------------------------------------
        \3\ Sections 1 and 2 of Executive Order No. 12613 formerly read as
    follows:
        ``Section 1. Except as otherwise provided in regulations issued
    pursuant to this Order, no good or services of Iranian origin may be
    imported into the United States, including its territories and
    possessions, after the effective date of this Order.
        ``Sec. 2. The prohibition contained in Section 1 shall not apply
    to:
    ---------------------------------------------------------------------------

      ``(a) Iranian-origin publications and materials imported for news
    publications or news broadcast dissemination;

      ``(b) petroleum products refined from Iranian crude oil in a third
    country;

      ``(c) articles imported directly from Iran into the United States that
    were exported from Iran prior to the effective date of this Order.''.
    ---------------------------------------------------------------------------

        Sections 1 and 2 of Executive Order No. 12957 formerly read as
    follows:
        ``Section 1. The following are prohibited, except to the extent
    provided in regulations, orders, directives, or licenses that may be
    issued pursuant to this order, and notwithstanding any contract entered
    into or any license or permit granted prior to the effective date of
    this order: (a) the entry into or performance by a United States
    person, or the approval by a United States person of the entry into or
    performance by an entity owned or controlled by a United States person,
    of (i) a contract that includes overall supervision and management
    responsibility for the development of petroleum resources located in
    Iran, or (ii) a guaranty of another person's performance under such a
    contract;
        ``(b) the entry into or performance by a United States person, or
    the approval by a United States person of the entry into or performance
    by an entity owned or controlled by a United States person, of (i) a
    contract for the financing of the development of petroleum resources
    located in Iran, or (ii) a guaranty of another person's performance
    under such a contract; and
        ``(c) any transaction by any United States person or within the
    United States that evades or avoids, or has the purpose of evading or
    avoiding, or attempts to violate, any of the prohibitions set forth in
    this order.
        ``Sec. 2. For the purposes of this order: (a) The term `person'
    means an individual or entity;
        ``(b) The term `entity' means a partnership, association, trust,
    joint venture, corporation, or other organization;
        ``(c) The term `United States person' means any United States
    citizen, permanent resident alien, entity organized under the laws of
    the United States (including foreign branches), or any person in the
    United States; and
        ``(d) The term `Iran' means the land territory claimed by Iran and
    any other area over which Iran claims sovereignty, sovereign rights or
    jurisdiction, including the territorial sea, exclusive economic zone,
    and continental shelf claimed by Iran.''.
    ---------------------------------------------------------------------------
        Sec. 6. Nothing contained in this order shall create any
    right or benefit, substantive or procedural, enforceable by any
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.
        Sec. 7. The measures taken pursuant to this order are in
    response to actions of the Government of Iran occurring after
    the conclusion of the 1981 Algiers Accords, and are intended
    solely as a response to those later actions.
        Sec. 8. (a) This order is effective at 12:01 a.m., eastern
    daylight time, on May 7, 1995, except that (i) section 1(b),
    (c), and (d) of this order shall not apply until 12:01 a.m.,
    eastern daylight time, on June 6, 1995, to trade transactions
    under contracts in force as of the date of this order if such
    transactions are authorized pursuant to Federal regulations in
    force immediately prior to the date of this order (''existing
    trade contracts''), and (ii) letters of credit and other
    financing agreements with respect to existing trade contracts
    may be performed pursuant to their terms with respect to
    underlying trade transactions occurring prior to 12:01 a.m.,
    eastern daylight time, on June 6, 1995.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
          (6) Prohibiting Certain Transactions With Respect to Iran--
                                 Consolidation

     Executive Order 13059, August 19, 1997, 62 F.R. 44531, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (``IEEPA''), the National Emergencies Act
    (50 U.S.C. 1601 et seq.), section 505 of the International
    Security and Development Cooperation Act of 1985 (22 U.S.C.
    2349aa-9) (``ISDCA''), and section 301 of title 3, United
    States Code,
        I, WILLIAM J. CLINTON, President of the United States of
    America, in order to clarify the steps taken in Executive
    Orders 12957 of March 15, 1995, and 12959 of May 6, 1995, to
    deal with the unusual and extraordinary threat to the national
    security, foreign policy, and economy of the United States
    declared in Executive Order 12957 in response to the actions
    and policies of the Government of Iran, hereby order:
        Section 1.\1\ Except to the extent provided in section 3 of
    this order or in regulations, orders, directives, or licenses
    issued pursuant to this order, and notwithstanding any contract
    entered into or any license or permit granted prior to the
    effective date of this order, the importation into the United
    States of any goods or services of Iranian origin or owned or
    controlled by the Government of Iran, other than information or
    informational materials within the meaning of section 203(b)(3)
    of IEEPA (50 U.S.C. 1702(b)(3)), is hereby prohibited.
    ---------------------------------------------------------------------------
        \1\ Executive Order 13059 amended and consolidated certain
    provisions of Executive Orders 12613, 12957, and 12959, and revoked
    Executive Order 12613. These orders, as amended, are found in this
    volume, beginning on page 1606. See page 1603 for reference to
    Presidential notices continuing the emergency with respect to Iran.
    ---------------------------------------------------------------------------
        Sec. 2. Except to the extent provided in section 3 of this
    order, in section 203(b) of IEEPA (50 U.S.C. 1702(b)), or in
    regulations, orders, directives, or licenses issued pursuant to
    this order, and notwithstanding any contract entered into or
    any license or permit granted prior to the effective date of
    this order, the following are prohibited:
        (a) the exportation, reexportation, sale, or supply,
    directly or indirectly, from the United States, or by a United
    States person, wherever located, of any goods, technology, or
    services to Iran or the Government of Iran, including the
    exportation, reexportation, sale, or supply of any goods,
    technology, or services to a person in a third country
    undertaken with knowledge or reason to know that:
              (i) such goods, technology, or services are intended
            specifically for supply, transshipment, or
            reexportation, directly or indirectly, to Iran or the
            Government of Iran; or
              (ii) such goods, technology, or services are intended
            specifically for use in the production of, for
            commingling with, or for incorporation into goods,
            technology, or services to be directly or indirectly
            supplied, transshipped, or reexported exclusively or
            predominantly to Iran or the Government of Iran;
        (b) the reexportation from a third country, directly or
    indirectly, by a person other than a United States person of
    any goods, technology, or services that have been exported from
    the United States, if:
              (i) undertaken with knowledge or reason to know that
            the reexportation is intended specifically for Iran or
            the Government of Iran, and
              (ii) the exportation of such goods, technology, or
            services to Iran from the United States was subject to
            export license application requirements under any
            United States regulations in effect on May 6, 1995, or
            thereafter is made subject to such requirements imposed
            independently of the actions taken pursuant to the
            national emergency declared in Executive Order 12957;
            provided, however, that this prohibition shall not
            apply to those goods or that technology subject to
            export license application requirements if such goods
            or technology have been:
                      (A) substantially transformed into a foreign-
                    made product outside the United States; or
                      (B) incorporated into a foreign-made product
                    outside the United States if the aggregate
                    value of such controlled United States goods
                    and technology constitutes less than 10 percent
                    of the total value of the foreign-made product
                    to be exported from a third country;
        (c) any new investment by a United States person in Iran or
    in property, including entities, owned or controlled by the
    Government of Iran;
        (d) any transaction or dealing by a United States person,
    wherever located, including purchasing, selling, transporting,
    swapping, brokering, approving, financing, facilitating, or
    guaranteeing, in or related to:
              (i) goods or services of Iranian origin or owned or
            controlled by the Government of Iran; or
              (ii) goods, technology, or services for exportation,
            reexportation, sale, or supply, directly or indirectly,
            to Iran or the Government of Iran;
        (e) any approval, financing, facilitation, or guarantee by
    a United States person, wherever located, of a transaction by a
    foreign person where the transaction by that foreign person
    would be prohibited by this order if performed by a United
    States person or within the United States; and
        (f) any transaction by a United States person or within the
    United States that evades or avoids, or has the purpose of
    evading or avoiding, or attempts to violate, any of the
    prohibitions set forth in this order.
        Sec. 3. Specific licenses issued pursuant to Executive
    Orders 12613 (of October 29, 1987), 12957, or 12959 continue in
    effect in accordance with their terms except to the extent
    revoked, amended, or modified by the Secretary of the Treasury.
    General licenses, regulations, orders, and directives issued
    pursuant to those orders continue in effect in accordance with
    their terms except to the extent inconsistent with this order
    or to the extent revoked, amended, or modified by the Secretary
    of the Treasury.
        Sec. 4. For the purposes of this order:
        (a) the term ``person'' means an individual or entity;
        (b) the term ``entity'' means a partnership, association,
    trust, joint venture, corporation, or other organization;
        (c) the term ``United States person'' means any United
    States citizen, permanent resident alien, entity organized
    under the laws of the United States (including foreign
    branches), or any person in the United States;
        (d) the term ``Iran'' means the territory of Iran and any
    other territory or marine area, including the exclusive
    economic zone and continental shelf, over which the Government
    of Iran claims sovereignty, sovereign rights, or jurisdiction,
    provided that the Government of Iran exercises partial or total
    de facto control over the area or derives a benefit from
    economic activity in the area pursuant to international
    arrangements;
        (e) the term ``Government of Iran'' includes the Government
    of Iran, any political subdivision, agency, or instrumentality
    thereof, and any person owned or controlled by, or acting for
    or on behalf of, the Government of Iran;
        (f) the term ``new investment'' means:
              (i) a commitment or contribution of funds or other
            assets; or
              (ii) a loan or other extension of credit, made after
            the effective date of Executive Order 12957 as to
            transactions prohibited by that order, or otherwise
            made after the effective date of Executive Order 12959.
        Sec. 5. The Secretary of the Treasury, in consultation with
    the Secretary of State and, as appropriate, other agencies, is
    hereby authorized to take such actions, including the
    promulgation of rules and regulations, the requirement of
    reports, including reports by United States persons on oil and
    related transactions engaged in by their foreign affiliates
    with Iran or the Government of Iran, and to employ all powers
    granted to me by IEEPA and the ISDCA as may be necessary to
    carry out the purposes of this order. The Secretary of the
    Treasury may redelegate any of these functions to other
    officers and agencies of the United States Government. All
    agencies of the United States Government are hereby directed to
    take all appropriate measures within their authority to carry
    out the provisions of this order.
        Sec. 6. (a) The Secretary of the Treasury may authorize the
    exportation or reexportation to Iran or the Government of Iran
    of any goods, technology, or services also subject to export
    license application requirements of another agency of the
    United States Government only if authorization by that agency
    of the exportation or reexportation to Iran would be permitted
    by law.
        (b) Nothing contained in this order shall be construed to
    supersede the requirements established under any other
    provision of law or to relieve a person from any requirement to
    obtain a license or other authorization from another department
    or agency of the United States Government in compliance with
    applicable laws and regulations subject to the jurisdiction of
    that department or agency.
        Sec. 7. The provisions of this order consolidate the
    provisions of Executive Orders 12613, 12957, and 12959.
    Executive Order 12613 and subsections (a), (b), (c), (d), and
    (f) of section 1 of Executive Order 12959 are hereby revoked
    with respect to transactions occurring after the effective date
    of this order. The revocation of those provisions shall not
    alter their applicability to any transaction or violation
    occurring before the effective date of this order, nor shall it
    affect the applicability of any rule, regulation, order,
    license, or other form of administrative action previously
    taken pursuant to Executive Orders 12613 or 12959.
        Sec. 8. Nothing contained in this order shall create any
    right or benefit, substantive or procedural, enforceable by any
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.
        Sec. 9. The measures taken pursuant to this order are in
    response to actions of the Government of Iran occurring after
    the conclusion of the 1981 Algiers Accords, and are intended
    solely as a response to those later actions.
        Sec. 10. (a) This order is effective at 12:01 a.m. eastern
    daylight time on August 20, 1997.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
                        l. Economic Relations With Syria

     (1) Syria Accountability and Lebanese Sovereignty Restoration Act of
                                      2003

     Public Law 108-175 [H.R. 1828], 117 Stat. 2482, approved December 12,
                                      2003

      AN ACT To halt Syrian support for terrorism, end its occupation of
     Lebanon, and stop its development of weapons of mass destruction, and
       by so doing hold Syria accountable for the serious international
       security problems it has caused in the Middle East, 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.\1\ SHORT TITLE.

        This Act may be cited as the ``Syria Accountability and
    Lebanese Sovereignty Restoration Act of 2003''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS.

        Congress makes the following findings:
              (1) On June 24, 2002, President Bush stated ``Syria
            must choose the right side in the war on terror by
            closing terrorist camps and expelling terrorist
            organizations''.
              (2) United Nations Security Council Resolution 1373
            (September 28, 2001) mandates that all states ``refrain
            from providing any form of support, active or passive,
            to entities or persons involved in terrorist acts'',
            take ``the necessary steps to prevent the commission of
            terrorist acts'', and ``deny safe haven to those who
            finance, plan, support, or commit terrorist acts''.
              (3) The Government of Syria is currently prohibited
            by United States law from receiving United States
            assistance because it has repeatedly provided support
            for acts of international terrorism, as determined by
            the Secretary of State for purposes of section 6(j)(1)
            of the Export Administration Act of 1979 (50 U.S.C.
            App. 2405(j)(1)) and other relevant provisions of law.
              (4) Although the Department of State lists Syria as a
            state sponsor of terrorism and reports that Syria
            provides ``safe haven and support to several terrorist
            groups'', fewer United States sanctions apply with
            respect to Syria than with respect to any other country
            that is listed as a state sponsor of terrorism.
              (5) Terrorist groups, including Hizballah, Hamas,
            Palestinian Islamic Jihad, the Popular Front for the
            Liberation ofPalestine, and the Popular Front for the
            Liberation of Palestine-General Command, maintain
            offices, training camps, and other facilities on Syrian
            territory, and operate in areas of Lebanon occupied by
            the Syrian armed forces and receive supplies from Iran
            through Syria.
              (6) United Nations Security Council Resolution 520
            (September 17, 1982) calls for ``strict respect of the
            sovereignty, territorial integrity, unity and political
            independence of Lebanon under the sole and exclusive
            authority of the Government of Lebanon through the
            Lebanese Army throughout Lebanon''.
              (7) Approximately 20,000 Syrian troops and security
            personnel occupy much of the sovereign territory of
            Lebanon exerting undue influence upon its government
            and undermining its political independence.
              (8) Since 1990 the Senate and House of
            Representatives have passed seven bills and resolutions
            which call for the withdrawal of Syrian armed forces
            from Lebanon.
              (9) On March 3, 2003, Secretary of State Colin Powell
            declared that it is the objective of the United States
            to ``let Lebanon be ruled by the Lebanese people
            without the presence of [the Syrian] occupation army''.
              (10) Large and increasing numbers of the Lebanese
            people from across the political spectrum in Lebanon
            have mounted peaceful and democratic calls for the
            withdrawal of the Syrian Army from Lebanese soil.
              (11) Israel has withdrawn all of its armed forces
            from Lebanon in accordance with United Nations Security
            Council Resolution 425 (March 19, 1978), as certified
            by the United Nations Secretary General.
              (12) Even in the face of this United Nations
            certification that acknowledged Israel's full
            compliance with Security Council Resolution 425,
            Syrian- and Iranian-supported Hizballah continues to
            attack Israeli outposts at Shebaa Farms, under the
            pretense that Shebaa Farms is territory from which
            Israel was required to withdraw by Security Counsel
            Resolution 425, and Syrian- and Iranian-supported
            Hizballah and other militant organizations continue to
            attack civilian targets inIsrael.
              (13) Syria will not allow Lebanon-a sovereign
            country-to fulfill its obligation in accordance with
            Security Council Resolution 425 to deploy its troops to
            southern Lebanon.
              (14) As a result, the Israeli-Lebanese border and
            much of southern Lebanon is under the control of
            Hizballah, which continues to attack Israeli positions,
            allows Iranian Revolutionary Guards and other militant
            groups to operate freely in the area, and maintains
            thousands of rockets along Israel's northern border,
            destabilizing the entire region.
              (15) On February 12, 2003, Director of Central
            Intelligence George Tenet stated the following with
            respect to the Syrian-and Iranian-supported Hizballah:
            ``[A]s an organization with capability and worldwide
            presence [it] is [al Qaeda's] equal if not a far more
            capable organization * * * [T]hey're a notch above in
            many respects, in terms of in their relationship with
            the Iranians and the training they receive, [which]
            puts them in a state-sponsored category with a
            potential for lethality that's quite great.''.
              (16) In the State of the Union address on January 29,
            2002, President Bush declared that the United States
            will ``work closely with our coalition to deny
            terrorists and their state sponsors the materials,
            technology, and expertise to make and deliver weapons
            of mass destruction''.
              (17) The Government of Syria continues to develop and
            deploy short- and medium-range ballistic missiles.
              (18) According to the December 2001 unclassified
            Central Intelligence Agency report entitled ``Foreign
            Missile Developments and the Ballistic Missile Threat
            through 2015'', ``Syria maintains a ballistic missile
            and rocket force of hundreds of FROG rockets, Scuds,
            and SS-21 SRBMs [and] Syria has developed [chemical
            weapons] warheads for its Scuds''.
              (19) The Government of Syria is pursuing the
            development and production of biological and chemical
            weapons and hasa nuclear research and development
            program that is cause for concern.
              (20) According to the Central Intelligence Agency's
            ``Unclassified Report to Congress on the Acquisition of
            Technology Relating to Weapons of Mass Destruction and
            Advanced Conventional Munitions'', released January 7,
            2003: ``[Syria] already holds a stockpile of the nerve
            agent sarin but apparently is trying to develop more
            toxic and persistent nerve agents. Syria remains
            dependent on foreign sources for key elements of its
            [chemical weapons] program, including precursor
            chemicals and key production equipment. It is highly
            probable that Syria also is developing an offensive
            [biological weapons] capability.''.
              (21) On May 6, 2002, the Under Secretary of State for
            Arms Control and International Security, John Bolton,
            stated: ``The United States also knows that Syria has
            long had a chemical warfare program. It has a stockpile
            of the nerve agent sarin and is engaged in research and
            development of the more toxic and persistent nerve
            agent VX. Syria, which has signed but not ratified the
            [Biological Weapons Convention], is pursuing the
            development of biological weapons and is able to
            produce at least small amounts of biological warfare
            agents.''.
              (22) According to the Central Intelligence Agency's
            ``Unclassified Report to Congress on the Acquisition of
            Technology Relating to Weapons of Mass Destruction and
            Advanced Conventional Munitions'', released January 7,
            2003: ``Russia and Syria have approved a draft
            cooperative program on cooperation on civil nuclear
            power. In principal, broader access to Russian
            expertise provides opportunities for Syria to expand
            its indigenous capabilities, should it decide to pursue
            nuclear weapons.''.
              (23) Under the Treaty on the Non-Proliferation of
            Nuclear Weapons (21 UST 483), which entered force on
            March 5, 1970, and to which Syria is a party, Syria has
            undertaken not to acquire or produce nuclear weapons
            and has accepted full scope safeguards of the
            International Atomic Energy Agency to detect diversions
            of nuclear materials from peaceful activities to the
            production of nuclear weapons or other nuclear
            explosive devices.
              (24) Syria is not a party to the Chemical Weapons
            Convention or the Biological Weapons Convention, which
            entered into force on April 29, 1997, and on March 26,
            1975, respectively.
              (25) Syrian President Bashar Assad promised Secretary
            of State Powell in February 2001 to end violations of
            SecurityCouncil Resolution 661, which restricted the
            sale of oil and other commodities by Saddam Hussein's
            regime, except to the extent authorized by other
            relevant resolutions, but this pledge was never
            fulfilled.
              (26) Syria's illegal imports and transshipments of
            Iraqi oil during Saddam Hussein's regime earned Syria
            $50,000,000or more per month as Syria continued to sell
            its own Syrian oil at market prices.
              (27) Syria's illegal imports and transshipments of
            Iraqi oil earned Saddam Hussein's regime $2,000,000 per
            day.
              (28) On March 28, 2003, Secretary of Defense Donald
            Rumsfeld warned: ``[W]e have information that shipments
            of military supplies have been crossing the border from
            Syria into Iraq, including night-vision goggles * * *
            These deliveries pose a direct threat to the lives of
            coalition forces. We consider such trafficking as
            hostile acts, and will hold the Syrian government
            accountable for such shipments.''.
              (29) According to Article 23(1) of the United Nations
            Charter, members of the United Nations are elected as
            non-permanent members of the United Nations Security
            Council with ``due regard being specially paid, in the
            first instance to the contribution of members of the
            United Nations to the maintenance of international
            peace and security and to other purposes of the
            Organization''.
              (30) Despite Article 23(1) of the United Nations
            Charter, Syria was elected on October 8, 2001, to a 2-
            year term as a nonpermanent member of the United
            Nations Security Council beginning January 1, 2002, and
            served as President of the Security Council during June
            2002 and August 2003.
              (31) On March 31, 2003, the Syrian Foreign Minister,
            Farouq al-Sharra, made the Syrian regime's intentions
            clear when he explicitly stated that ``Syria's interest
            is to see the invaders defeated in Iraq''.
              (32) On April 13, 2003, Secretary of Defense Donald
            Rumsfeld charged that ``busloads'' of Syrian fighters
            entered Iraq with ``hundreds of thousands of dollars''
            and leaflets offering rewards for dead American
            soldiers.
              (33) On September 16, 2003, the Under Secretary of
            State for Arms Control and International Security, John
            Bolton, appeared before the Subcommittee on the Middle
            East and Central Asia of the Committee on International
            Relations of the House of Representatives, and
            underscored Syria's ``hostile actions'' toward
            coalition forces during Operation Iraqi Freedom. Under
            Secretary Bolton added that: ``Syria allowed military
            equipment to flow into Iraq on the eve of and during
            the war. Syria permitted volunteers to pass into Iraq
            to attack and kill our service members during the war,
            and is still doing so * * * [Syria's] behavior during
            Operation Iraqi Freedom underscores the importance of
            taking seriously reports and information on Syria's WMD
            capabilities.''.
              (34) During his appearance before the Committee on
            International Relations of the House of Representatives
            on September 25, 2003, Ambassador L. Paul Bremer, III,
            Administrator of the Coalition Provisional Authority in
            Iraq, stated that out of the 278 third-country
            nationals who were captured by coalition forces in
            Iraq, the ``single largest group are Syrians''.

    SEC. 3.\1\ SENSE OF CONGRESS.

        It is the sense of Congress that--
              (1) the Government of Syria should immediately and
            unconditionally halt support for terrorism, permanently
            and openly declare its total renunciation of all forms
            of terrorism, and close all terrorist offices and
            facilities in Syria, including the offices of Hamas,
            Hizballah, Palestinian Islamic Jihad, the Popular Front
            for the Liberation of Palestine, and the Popular Front
            for the Liberation of Palestine-General Command;
              (2) the Government of Syria should--
                      (A) immediately and unconditionally stop
                    facilitating transit from Syria to Iraq of
                    individuals, military equipment, and all lethal
                    items, except as authorized by the Coalition
                    Provisional Authority or a representative,
                    internationally recognized Iraqi government;
                      (B) cease its support for ``volunteers'' and
                    terrorists who are traveling from and through
                    Syria into Iraq to launch attacks; and
                      (C) undertake concrete, verifiable steps to
                    deter such behavior and control the use of
                    territory under Syrian control;
              (3) the Government of Syria should immediately
            declare its commitment to completely withdraw its armed
            forces, including military, paramilitary, and security
            forces, from Lb-anon, and set a firm timetable for such
            withdrawal;
              (4) the Government of Lebanon should deploy the
            Lebanese armed forces to all areas of Lebanon,
            including South Lebanon, in accordance with United
            Nations Security Council Resolution 520 (September 17,
            1982), in order to assert the sovereignty of the
            Lebanese state over all of its territory, and should
            evict all terrorist and foreign forces from southern
            Lebanon, including Hizballah and the Iranian
            Revolutionary Guards;
              (5) the Government of Syria should halt the
            development and deployment of medium- and long-range
            surface-to-surface missiles and cease the development
            and production of biological and chemical weapons;
              (6) the Governments of Lebanon and Syria should enter
            into serious unconditional bilateral negotiations with
            the Government of Israel in order to realize a full and
            permanent peace;
              (7) the United States should continue to provide
            humanitarian and educational assistance to the people
            of Lebanon only through appropriate private,
            nongovernmental organizations and appropriate
            international organizations, until such time as the
            Government of Lebanon asserts sovereignty and control
            over all of its territory and borders and achieves full
            political independence, as called for in United Nations
            Security Council Resolution 520; and
              (8) as a violator of several key United Nations
            Security Council resolutions and as a nation that
            pursues policies which undermine international peace
            and security, Syria should not have been permitted to
            join the United Nations Security Council or serve as
            the Security Council's President, and should be removed
            from the Security Council.

    SEC. 4.\1\ STATEMENT OF POLICY.

        It is the policy of the United States that--
              (1) Syria should bear responsibility for attacks
            committed by Hizballah and other terrorist groups with
            offices, training camps, or other facilities in Syria,
            or bases in areas of Lebanon occupied by Syria;
              (2) the United States will work to deny Syria the
            ability to support acts of international terrorism and
            efforts to develop or acquire weapons of mass
            destruction;
              (3) the Secretary of State will continue to list
            Syria as a state sponsor of terrorism until Syria ends
            its support for terrorism, including its support of
            Hizballah and other terrorist groups in Lebanon and its
            hosting of terrorist groups in Damascus, and comes into
            full compliance with United States law relating to
            terrorism and United Nations Security Council
            Resolution 1373 (September 28, 2001);
              (4) the full restoration of Lebanon's sovereignty,
            political independence, and territorial integrity is in
            the national security interest of the United States;
              (5) Syria is in violation of United Nations Security
            Council Resolution 520 (September 17, 1982) through its
            continued occupation of Lebanese territory and its
            encroachment upon Lebanon's political independence;
              (6) Syria's obligation to withdraw from Lebanon is
            not conditioned upon progress in the Israeli-Syrian or
            Israeli-Lebanese peace process but derives from Syria's
            obligation under Security Council Resolution 520;
              (7) Syria's acquisition of weapons of mass
            destruction and ballistic missile programs threaten the
            security of the Middle East and the national security
            interests of the United States;
              (8) Syria will be held accountable for any harm to
            Coalition armed forces or to any United States citizen
            in Iraq if the government of Syria is found to be
            responsible due to its facilitation of terrorist
            activities and its shipments of military supplies to
            Iraq; and
              (9) the United States will not provide any assistance
            to Syria and will oppose multilateral assistance for
            Syria until Syria ends all support for terrorism,
            withdraws its armed forces from Lebanon, and halts the
            development and deployment of weapons of mass
            destruction and medium- and long-range surface-to-
            surface ballistic missiles.

    SEC. 5.\1\ PENALTIES AND AUTHORIZATION.

        (a) Penalties.--Until the President makes the determination
    that Syria meets all the requirements described in paragraphs
    (1) through (4) of subsection (d) and certifies such
    determination to Congress in accordance with such subsection--
              (1) the President shall prohibit the export to Syria
            of any item, including the issuance of a license for
            the export of any item, on the United States Munitions
            List or Commerce Control List of dual-use items in the
            Export Administration Regulations (15 CFR part 730 et
            seq.); and
              (2) the President shall impose two or more of the
            following sanctions:
                      (A) Prohibit the export of products of the
                    United States (other than food and medicine) to
                    Syria.
                      (B) Prohibit United States businesses from
                    investing or operating in Syria.
                      (C) Restrict Syrian diplomats in Washington,
                    D.C., and at the United Nations in New York
                    City, to travel only within a 25-mile radius of
                    Washington, D.C., or the United Nations
                    headquarters building, respectively.
                      (D) Prohibit aircraft of any air carrier
                    owned or controlled by Syria to take off from,
                    land in, or overfly the United States.
                      (E) Reduce United States diplomatic contacts
                    with Syria (other than those contacts required
                    to protect United States interests or carry out
                    the purposes of this Act).
                      (F) Block transactions in any property in
                    which the Government of Syria has any interest,
                    by any person, or with respect to any property,
                    subject to the jurisdiction of the United
                    States.
        (b) Waiver.--The President may waive the application of
    sub-section (a)(1), (a)(2), or both if the President determines
    that it is in the national security interest of the United
    States to do so and submits to the appropriate congressional
    committees a report containing the reasons for the
    determination.
        (c) Authority to Provide Assistance to Syria.--If the
    President--
              (1) makes the determination that Syria meets the
            requirements described in paragraphs (1) through (4) of
            subsection (d) and certifies such determination to
            Congress in accordance with such subsection;
              (2) determines that substantial progress has been
            made both in negotiations aimed at achieving a peace
            agreement between Israel and Syria and in negotiations
            aimed at achieving a peace agreement between Israel and
            Lebanon; and
              (3) determines that the Government of Syria is
            strictly respecting the sovereignty, territorial
            integrity, unity, and political independence of Lebanon
            under the sole and exclusive authority of the
            Government of Lebanon through the Lebanese army
            throughout Lebanon, as required under paragraph (4) of
            United Nations Security Council Resolution 520 (1982),
            then the President is authorized to provide assistance
            to Syria under chapter 1 of part I of the Foreign
            Assistance Act of 1961 (relating to development
            assistance).
        (d) Certification.--A certification under this subsection
    is a certification transmitted to the appropriate congressional
    committees of a determination made by the President that--
              (1) the Government of Syria has ceased providing
            support for international terrorist groups and does not
            allow terrorist groups, such as Hamas, Hizballah,
            Palestinian Islamic Jihad, the Popular Front for the
            Liberation of Palestine, and the Popular Front for the
            Liberation of Palestine-General Command to maintain
            facilities in territory under Syrian control;
              (2) the Government of Syria ended its occupation of
            Lebanon described in section 2(7) of this Act;
              (3) the Government of Syria has ceased the
            development and deployment of medium- and long-range
            surface-to-surface ballistic missiles, is not pursuing
            or engaged in the research, development, acquisition,
            production, transfer, or deployment of biological,
            chemical, or nuclear weapons, has provided credible
            assurances that such behavior will not be undertaken in
            the future, and has agreed to allow United Nations and
            other international observers to verify such actions
            and assurances; and
              (4) the Government of Syria has ceased all support
            for, and facilitation of, all terrorist activities
            inside of Iraq, including preventing the use of
            territory under its control by any means whatsoever to
            support those engaged in terrorist activities inside of
            Iraq.

    SEC. 6.\1\ REPORT.

        (a) Report.--Not later than 6 months after the date of the
    enactment of this Act, and every 12 months thereafter until the
    conditions described in paragraphs (1) through (4) of section
    5(d) are satisfied, the Secretary of State shall submit to the
    appropriate congressional committees a report on--
              (1) Syria's progress toward meeting the conditions
            described in paragraphs (1) through (4) of section
            5(d);
              (2) connections, if any, between individual
            terrorists and terrorist groups which maintain offices,
            training camps, or other facilities on Syrian
            territory, or operate in areas of Lebanon occupied by
            the Syrian armed forces, and terrorist attacks on the
            United States or its citizens, installations, or
            allies; and
              (3) how the United States is increasing its efforts
            against Hizballah and other terrorist organizations
            supported by Syria.
        (b) Form.--The report submitted under subsection (a) shall
    be in unclassified form but may include a classified annex.

    SEC. 7.\1\ DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

        In this Act, the term ``appropriate congressional
    committees'' means the Committee on International Relations of
    the House of Representatives and the Committee on Foreign
    Relations of the Senate.
    (2) Blocking Property of Certain Persons and Prohibiting the Export of
                             Certain Goods to Syria

    Executive Order 13338, May 11, 2004, 69 F.R. 26751, 50 U.S.C. 1701 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.) (NEA), the Syria Accountability and
    Lebanese Sovereignty Restoration Act of 2003, Public Law 108-
    175 (SAA), and section 301 of title 3, United States Code,
        I, GEORGE W. BUSH, President of the United States of
    America, hereby determine that the actions of the Government of
    Syria in supporting terrorism, continuing its occupation of
    Lebanon, pursuing weapons of mass destruction and missile
    programs, and undermining United States and international
    efforts with respect to the stabilization and reconstruction of
    Iraq constitute an unusual and extraordinary threat to the
    national security, foreign policy, and economy of the United
    States and hereby declare a national emergency to deal with
    that threat.\1\ To address that threat, and to implement the
    SAA, I hereby order the following:
    ---------------------------------------------------------------------------
        \1\ In a notice of May 5, 2005 (70 F.R. 24697), the President
    stated that this national emergency must continue in effect for 1 year.
    ---------------------------------------------------------------------------
        Section 1. (a) The Secretary of State shall not permit the
    exportation or reexportation to Syria of any item on the United
    States Munitions List (22 C.F.R. part 121).
        (b) Except to the extent provided in regulations, orders,
    directives, or licenses that may be issued pursuant to the
    provisions of this order in a manner consistent with the SAA,
    and notwithstanding any license, permit, or authorization
    granted prior to the effective date of this order, (i) the
    Secretary of Commerce shall not permit the exportation or
    reexportation to Syria of any item on the Commerce Control List
    (15 C.F.R. part 774); and (ii) with the exception of food and
    medicine, the Secretary of Commerce shall not permit the
    exportation or reexportation to Syria of any product of the
    United States not included in section 1(b)(i) of this order.
        (c) No other agency of the United States Government shall
    permit the exportation or reexportation to Syria of any product
    of the United States, except to the extent provided in
    regulations, orders, directives, or licenses that may be issued
    pursuant to this order in a manner consistent with the SAA, and
    notwithstanding any license, permit, or authorization granted
    prior to the effective date of this order.
        Sec. 2. The Secretary of Transportation shall not permit
    any air carrier owned or controlled by Syria to provide foreign
    air transportation as defined in 49 U.S.C. 40102(a)(23), except
    that he may, to the extent consistent with Department of
    Transportation regulations, permit such carriers to charter
    aircraft to the Government of Syria for the transport of Syrian
    government officials to and from the United States on official
    Syrian government business. In addition, the Secretary of
    Transportation shall prohibit all takeoffs and landings in the
    United States, other than those associated with an emergency,
    by any such air carrier when engaged in scheduled international
    air services.
        Sec. 3. (a) Except to the extent provided in section
    203(b)(1), (3), and (4) of the IEEPA (50 U.S.C. 1702(b) (1),
    (3), and (4)), and the Trade Sanctions Reform and Export
    Enhancement Act of 2000 (title IX, Public Law 106-387) (TSRA),
    or regulations, orders, directives, or licenses that may be
    issued pursuant to this order, and notwithstanding any contract
    entered into or any license or permit granted prior to the
    effective date of this order, all property and interests in
    property of the following persons, that are in the United
    States, that hereafter come within the United States, or that
    are or hereafter come within the possession or control of
    United States persons, including their overseas branches, are
    blocked and may not be transferred, paid, exported, withdrawn,
    or otherwise dealt in: persons who are determined by the
    Secretary of the Treasury, in consultation with the Secretary
    of State,
              (i) to be or to have been directing or otherwise
            significantly contributing to the Government of Syria's
            provision of safe haven to or other support for any
            person whose property or interests in property are
            blocked under United States law for terrorism-related
            reasons, including, but not limited to, Hamas,
            Hizballah, Palestinian Islamic Jihad, the Popular Front
            for the Liberation of Palestine, the Popular Front for
            the Liberation of Palestine-General Command, and any
            persons designated pursuant to Executive Order 13224 of
            September 23, 2001;
              (ii) to be or to have been directing or otherwise
            significantly contributing to the Government of Syria's
            military or security presence in Lebanon;
              (iii) to be or to have been directing or otherwise
            significantly contributing to the Government of Syria's
            pursuit of the development and production of chemical,
            biological, or nuclear weapons and medium- and long-
            range surface-to-surface missiles;
              (iv) to be or to have been directing or otherwise
            significantly contributing to any steps taken by the
            Government of Syria to undermine United States and
            international efforts with respect to the stabilization
            and reconstruction of Iraq; or
              (v) to be owned or controlled by, or acting or
            purporting to act for or on behalf of, directly or
            indirectly, any person whose property or interests in
            property are blocked pursuant to this order.
        (b) The prohibitions in paragraph (a) of this section
    include, but are not limited to, (i) the making of any
    contribution of funds, goods, or services by, to, or for the
    benefit of any person whose property or interests in property
    are blocked pursuant to this order; and (ii) the receipt of any
    contribution or provision of funds, goods, or services from any
    such person.
        Sec. 4. (a) Any transaction by a United States person or
    within the United States that evades or avoids, has the purpose
    of evading or avoiding, or attempts to violate any of the
    prohibitions set forth in this order is prohibited.
        (b) Any conspiracy formed to violate the prohibitions set
    forth in this order is prohibited.
        Sec. 5. I hereby determine that the making of donations of
    the type of articles specified in section 203(b)(2) of the
    IEEPA (50 U.S.C. 1702(b)(2)) would seriously impair the ability
    to deal with the national emergency declared in this order, and
    hereby prohibit, (i) the exportation or reexportation of such
    donated articles to Syria as provided in section 1(b) of this
    order; and (ii) the making of such donations by, to, or for the
    benefit of any person whose property and interests in property
    are blocked pursuant to section 3 of this order.
        Sec. 6. For purposes of this order:
              (a) the term ``person'' means an individual or
            entity;
              (b) the term ``entity'' means a partnership,
            association, trust, joint venture, corporation, group,
            subgroup, or other organization;
              (c) the term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States or any
            jurisdiction within the United States (including
            foreign branches), or any person in the United States;
              (d) the term ``Government of Syria'' means the
            Government of the Syrian Arab Republic, its agencies,
            instrumentalities, and controlled entities; and
              (e) the term ``product of the United States'' means:
            for the purposes of subsection 1(b), any item subject
            to the Export Administration Regulations (15 C.F.R.
            parts 730-774); and for the purposes of subsection
            1(c), any item subject to the export licensing
            jurisdiction of any other United States Government
            agency.
        Sec. 7. With respect to the prohibitions contained in
    section 1 of this order, consistent with subsection 5(b) of the
    SAA, I hereby determine that it is in the national security
    interest of the United States to waive, and hereby waive
    application of subsection 5(a)(1) and subsection 5(a)(2)(A) of
    the SAA so as to permit the exportation or reexportation of
    certain items as specified in the Department of Commerce's
    General Order No. 2 to Supplement No. 1, 15 C.F.R. part 736, as
    issued consistent with this order and as may be amended
    pursuant to the provisions of this order and in a manner
    consistent with the SAA. This waiver is made pursuant to the
    SAA only to the extent that regulation of such exports or
    reexports would not otherwise fall within my constitutional
    authority to conduct the Nation's foreign affairs and protect
    national security.
        Sec. 8. With respect to the prohibitions contained in
    section 2 of this order, consistent with subsection 5(b) of the
    SAA, I hereby determine that it is in the national security
    interest of the United States to waive, and hereby waive,
    application of subsection 5(a)(2)(D) of the SAA insofar as it
    pertains to: aircraft of any air carrier owned or controlled by
    Syria chartered by the Syrian government for the transport of
    Syrian government officials to and from the United States on
    official Syrian government business, to the extent consistent
    with Department of Transportation regulations; takeoffs or
    landings for non-traffic stops of aircraft of any such air
    carrier that is not engaged in scheduled international air
    services; takeoffs and landings associated with an emergency;
    and overflights of United States territory.
        Sec. 9. I hereby direct the Secretary of State to take such
    actions, including the promulgation of rules and regulations,
    as may be necessary to carry out subsection 1(a) of this order.
    I hereby direct the Secretary of Commerce, in consultation with
    the Secretary of State, to take such actions, including the
    promulgation of rules and regulations, as may be necessary to
    carry out subsection 1(b) of this order. I direct the Secretary
    of Transportation, in consultation with the Secretary of State,
    to take such actions, including the promulgation of rules and
    regulations, as may be necessary to carry out section 2 of this
    order. The Secretary of the Treasury, in consultation with the
    Secretary of State, is hereby authorized to take such actions,
    including the promulgation of rules and regulations, and to
    employ all powers granted to the President by the IEEPA as may
    be necessary to carry out sections 3, 4, and 5 of this order.
    The Secretaries of State, Commerce, Transportation, and the
    Treasury may redelegate any of these functions to other
    officers and agencies of the United States Government
    consistent with applicable law. The Secretary of State, in
    consultation with the Secretaries of Commerce, Transportation,
    and the Treasury, as appropriate, is authorized to exercise the
    functions and authorities conferred upon the President in
    subsection 5(b) of the SAA and to redelegate these functions
    and authorities consistent with applicable law. All agencies of
    the United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order and, where appropriate, to advise the
    Secretaries of State, Commerce, Transportation, and the
    Treasury in a timely manner of the measures taken.
        Sec. 10. This order is not intended to create, and does not
    create, any right or benefit, substantive or procedural,
    enforceable at law or in equity by any party against the United
    States, its departments, agencies, instrumentalities, or
    entities, its officers or employees, or any other person.
        Sec. 11. For those persons whose property or interests in
    property are blocked pursuant to section 3 of this order who
    might have a constitutional presence in the United States, I
    find that because of the ability to transfer funds or assets
    instantaneously, prior notice to such persons of measures to be
    taken pursuant to this order would render these measures
    ineffectual. I therefore determine that for these measures to
    be effective in addressing the national emergency declared in
    this order, there need be no prior notice of a listing or
    determination made pursuant to this order.
        Sec. 12. The Secretary of the Treasury, in consultation
    with the Secretary of State, is authorized to submit the
    recurring and final reports to the Congress on the national
    emergency declared in this order, consistent with section
    401(c) of the NEA, 50 U.S.C. 1641(c), and section 204(c) of the
    IEEPA, 50 U.S.C. 1703(c).
        Sec. 13. (a) This order is effective at 12:01 eastern
    daylight time on May 12, 2004.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
         m. South African Democratic Transition Support Act of 1993 \1\

     Public Law 103-149 [H.R. 3225], 107 Stat. 1503, approved November 23,
                                      1993

       AN ACT To support the transition to nonracial democracy in South
                                    Africa.

        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 ``South African Democratic
    Transition Support Act of 1993''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5001 note.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS.

        The Congress makes the following findings:
              (1) After decades of apartheid, South Africa has
            entered a new era which presents a historic opportunity
            for a transition to a peaceful, stable, and democratic
            future.
              (2) The United States policy of economic sanctions
            toward the apartheid government of South Africa, as
            expressed in the Comprehensive Anti-Apartheid Act of
            1986, helped bring about reforms in that system of
            government and has facilitated the establishment of a
            nonracial government.
              (3) Through broad and open negotiations, the parties
            in South Africa have reached a landmark agreement on
            the future of their country. This agreement includes
            the establishment of a Transitional Executive Council
            and the setting of a date for nonracial elections.
              (4) The international community has a vital interest
            in supporting the transition from apartheid toward
            nonracial democracy.
              (5) The success of the transition in South Africa is
            crucial to the stability and economic development of
            the southern African region.
              (6) Nelson Mandela of the African National Congress
            and other representative leaders in South Africa have
            declared that the time has come when the international
            community should lift all economic sanctions against
            South Africa.
              (7) In light of recent developments, the continuation
            of these economic sanctions is detrimental to persons
            disadvantaged by apartheid.
              (8) Those calling for the lifting of economic
            sanctions against South Africa have made clear that
            they do not seek the immediate termination of the
            United Nations-sponsored special sanctions relating to
            arms transfers, nuclear cooperation, and exports of
            oil. The Ad Hoc Committee on Southern Africa of the
            Organization of African Unity, for example, has urged
            that the oil embargo established pursuant to a 1986
            General Assembly resolution be lifted after the
            establishment and commencement of the work of the
            Transitional Executive Council.

    SEC. 3. UNITED STATES POLICY.

        It is the sense of the Congress that--
              (1) the United States should--
                      (A) strongly support the Transitional
                    Executive Council in South Africa,
                      (B) encourage rapid progress toward the
                    establishment of a nonracial democratic
                    government in South Africa, and
                      (C) support a consolidation of democracy in
                    South Africa through democratic elections for
                    an interim government and a new nonracial
                    constitution;
              (2) the United States should continue to provide
            assistance to support the transition to a nonracial
            democracy in South Africa, and should urge
            international financial institutions and other donors
            to also provide such assistance;
              (3) to the maximum extent practicable, the United
            States should consult closely with international
            financial institutions, other donors, and South African
            entities on a coordinated strategy to support the
            transition to a nonracial democracy in South Africa;
              (4) in order to provide ownership and managerial
            opportunities, professional advancement, training, and
            employment for disadvantaged South Africans and to
            respond to the historical inequities created under
            apartheid, the United States should--
                      (A) promote the expansion of private
                    enterprise and free markets in South Africa,
                      (B) encourage the South African private
                    sector to take a special responsibility and
                    interest in providing such opportunities,
                    advancement, training, and employment for
                    disadvantaged South Africans,
                      (C) encourage United States private sector
                    investment in and trade with South Africa,
                      (D) urge United States investors to develop a
                    working partnership with representative organs
                    of South African civil society, particularly
                    churches and trade unions, in promoting
                    responsible codes of corporate conduct and
                    other measures to address the historical
                    inequities created under apartheid;
              (5) the United States should urge the Government of
            South Africa to liberalize its trade and investment
            policies to facilitate the expansion of the economy,
            and to shift resources to meet the needs of
            disadvantaged South Africans;
              (6) the United States should promote cooperation
            between South Africa and other countries in the region
            to foster regional stability and economic growth; and
              (7) the United States should demonstrate its support
            for an expedited transition to, and should adopt a long
            term policy beneficial to the establishment and
            perpetuation of, a nonracial democracy in South Africa.

    SEC. 4. REPEAL OF APARTHEID SANCTIONS LAWS AND OTHER MEASURES DIRECTED
                        AT SOUTH AFRICA.

        (a) Comprehensive Anti-Apartheid Act.--
              (1) In general.--All provisions of the Comprehensive
            Anti-Apartheid Act of 1986 (22 U.S.C. 5001 and
            following) are repealed as of the date of enactment of
            this Act, except for the sections specified in
            paragraph (2).
              (2) Effective date of repeal of code of conduct
            requirements.--Sections 1, 3, 203(a), 203(b), 205, 207,
            208, 601, 603, and 604 of the Comprehensive Anti-
            Apartheid Act of 1986 are repealed as of the date on
            which the President certifies to the Congress that an
            interim government, elected on a nonracial basis
            through free and fair elections, has taken office in
            South Africa.\2\
    ---------------------------------------------------------------------------
        \2\ The President so certified on June 8, 1994 (according to
    Department of State Public Notice 2025; 59 F.R. 33909).
    ---------------------------------------------------------------------------
              (3) Conforming amendments.--(A) Section 3 of the
            Comprehensive Anti-Apartheid Act of 1986 is amended by
            striking paragraphs (2) through (4) and paragraphs (7)
            through (9), by inserting ``and'' at the end of
            paragraph (5), and by striking ``; and'' at the end of
            paragraph (6) and inserting a period.
              (B) The following provisions of the Foreign
            Assistance Act of 1961 that were enacted by the
            Comprehensive Anti-Apartheid Act of 1986 are repealed:
            subsections (e)(2), (f), and (g) of section 116 (22
            U.S.C. 2151n); section 117 (22 U.S.C. 2151o), relating
            to assistance for disadvantaged South Africans; and
            section 535 (22 U.S.C. 2346d). Section 116(e)(1) of the
            Foreign Assistance Act of 1961 is amended by striking
            ``(1)''.
        (b) Other Provisions.--The following provisions are
    repealed or amended as follows:
              (1) Subsections (c) and (d) of section 802 of the
            International Security and Development Cooperation Act
            of 1985 (99 Stat. 261) is repealed.
              (2) Section 211 of the Foreign Relations
            Authorization Act, Fiscal Years 1986 and 1987 (99 Stat.
            432) is repealed, and section 1(b) of that Act is
            amended by striking the item in the table of contents
            relating to section 211.
              (3) Sections 1223 and 1224 of the Foreign Relations
            Authorization Act, Fiscal Years 1988 and 1989 (101
            Stat. 1415) is repealed, and section 1(b) of that Act
            is amended by striking the items in the table of
            contents relating to sections 1223 and 1224.
              (4) Section 362 of the Foreign Relations
            Authorization Act, Fiscal Years 1992 and 1993 (105
            Stat. 716) is repealed, and section 2 of that Act is
            amended by striking the item in the table of contents
            relating to section 362.
              (5) Section 2(b)(9) of the Export-Import Bank Act of
            1945 (12 U.S.C. 635(b)(9)) is repealed.
              (6) Section 43 of the Bretton Woods Agreements Act
            (22 U.S.C. 286aa) is amended by repealing subsection
            (b) and by striking ``(a)''.
              (7) Section 330 of H.R. 5205 of the 99th Congress
            (Department of Transportation and Related Agencies
            Appropriations Act, 1987) (22 U.S.C. 5056a) as
            incorporated by reference in section 101(l) of Public
            Law 99-500 and Public Law 99-591, and made effective as
            if enacted into law by section 106 of Public Law 100-
            202, is repealed.
              (8)(A) Section 901(j)(2)(C) of the Internal Revenue
            Code of 1986 (26 U.S.C. 901(j)(2)(C)) is repealed.
              (B) Subparagraph (A) shall not be construed as
            affecting any of the transitional rules contained in
            Revenue Ruling 92-62 which apply by reason of the
            termination of the period for which section 901(j) of
            the Internal Revenue Code of 1986 was applicable to
            South Africa.
              (9) The table in section 502(b) of the Trade Act of
            1974 (19 U.S.C. 2462(b)) is amended by striking
            ``Republic of South Africa''.
        (c) Sanctions Measures Adopted by State or Local
    Governments or Private Entities.--
              (1) Policy regarding rescission.--The Congress urges
            all State or local governments and all private entities
            in the United States that have adopted any restriction
            on economic interactions with South Africa, or any
            policy discouraging such interaction, to rescind such
            restriction or policy.
              (2) Repeal of provisions relating to withholding
            federal funds.--Effective October 1, 1995, the
            following provisions are repealed:
                      (A) The undesignated paragraph entitled
                    ``state and local anti-apartheid policies'' in
                    chapter IX of the Dire Emergency Supplemental
                    Appropriations and Transfers, Urgent
                    Supplementals, and Correcting Enrollment Errors
                    Act of 1989 (22 U.S.C. 5117).
                      (B) Section 210 of the Urgent Supplemental
                    Appropriations Act, 1986 (100 Stat. 749).
        (d) Continuation of UN Special Sanctions.--It is the sense
    of the Congress that the United States should continue to
    respect United Nations Security Council resolutions on South
    Africa, including the resolution providing for a mandatory
    embargo on arms sales to South Africa and the resolutions
    relating to the import of arms, restricting exports to the
    South African military and police, and urging states to refrain
    from nuclear cooperation that would contribute to the
    manufacture and development by South Africa of nuclear weapons
    or nuclear devices.

    SEC. 5. UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL
                        DEMOCRACY.

        (a) In General.--The President is authorized and encouraged
    to provide assistance under chapter 10 of part I of the Foreign
    Assistance Act of 1961 (relating to the Development Fund for
    Africa) or chapter 4 of part II of that Act (relating to the
    Economic Support Fund) to support the transition to nonracial
    democracy in South Africa. Such assistance shall--
              (1) focus on building the capacity of disadvantaged
            South Africans to take their rightful place in the
            political, social, and economic systems of their
            country;
              (2) give priority to working with and through South
            African nongovernmental organizations whose leadership
            and staff represent the majority population and which
            have the support of the disadvantaged communities being
            served by such organizations;
              (3) in the case of education programs--
                      (A) be used to increase the capacity of South
                    African institutions to better serve the needs
                    of individuals disadvantaged by apartheid;
                      (B) emphasize education within South Africa
                    to the extent that assistance takes the form of
                    scholarships for disadvantaged South African
                    students; and
                      (C) fund nontraditional training activities;
              (4) support activities to prepare South Africa for
            elections, including voter and civic education
            programs, political party building, and technical
            electoral assistance;
              (5) support activities and entities, such as the
            Peace Accord structures, which are working to end the
            violence in South Africa; and
              (6) support activities to promote human rights,
            democratization, and a civil society.
        (b) Government of South Africa.--
              (1) Limitation on assistance.--Except as provided in
            paragraph (2), assistance provided in accordance with
            this section may not be made available to the
            Government of South Africa, or organizations financed
            and substantially controlled by that government, unless
            the President certifies to the Congress that an interim
            government that was elected on a nonracial basis
            through free and fair elections has taken office in
            South Africa.
              (2) Exceptions.--Notwithstanding paragraph (1),
            assistance may be provided for--
                      (A) the Transitional Executive Council;
                      (B) South African higher education
                    institutions, particularly those traditionally
                    disadvantaged by apartheid policies; and
                      (C) any other organization, entity, or
                    activity if the President determines that the
                    assistance would promote the transition to
                    nonracial democracy in South Africa.
            Any determination under subparagraph (C) should be
            based on consultations with South African individuals
            and organizations representative of the majority
            population in South Africa (particularly consultations
            through the Transitional Executive Council) and
            consultations with the appropriate congressional
            committees.
        (c) Ineligible Organizations.--
              (1) Acts of violence.--An organization that has
            engaged in armed struggle or other acts of violence
            shall not be eligible for assistance provided in
            accordance with this section unless that organization
            is committed to a suspension of violence in the context
            of progress toward nonracial democracy.
              (2) Views inconsistent with democracy and free
            enterprise.--Assistance provided in accordance with
            this section may not be made available to any
            organization that has espoused views inconsistent with
            democracy and free enterprise unless such organization
            is engaged actively and positively in the process of
            transition to a nonracial democracy and such assistance
            would advance the United States objective of promoting
            democracy and free enterprise in South Africa.

    SEC. 6. UNITED STATES INVESTMENT AND TRADE.

        (a) Tax Treaty.--The President should begin immediately to
    negotiate a tax treaty with South Africa to facilitate United
    States investment in that country.
        (b) OPIC.--The President should immediately initiate
    negotiations with the Government of South Africa for an
    agreement authorizing the Overseas Private Investment
    Corporation to carry out programs with respect to South Africa
    in order to expand United States investment in that country.
        (c) Trade and Development Agency.--In carrying out section
    661 of the Foreign Assistance Act of 1961, the Director of the
    Trade and Development Agency should provide additional funds
    for activities related to projects in South Africa.
        (d) Export-Import Bank.--The Export-Import Bank of the
    United States should expand its activities in connection with
    exports to South Africa.
        (e) Promoting Disadvantaged Enterprises.--
              (1) Investment and trade programs.--Each of the
            agencies referred to in subsections (b) through (d)
            should take active steps to encourage the use of its
            programs to promote business enterprises in South
            Africa that are majority-owned by South Africans
            disadvantaged by apartheid.
              (2) United states government procurement.--To the
            extent not inconsistent with the obligations of the
            United States under any international agreement, the
            Secretary of State and the head of any other department
            or agency of the United States carrying out activities
            in South Africa shall, to the maximum extent
            practicable, in procuring goods or services, make
            affirmative efforts to assist business enterprises
            having more than 50 percent beneficial ownership by
            South African blacks or other nonwhite South Africans,
            notwithstanding any law relating to the making or
            performance of, or the expenditure of funds for, United
            States Government contracts.

    SEC. 7. INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS.

        The Director of the United States Information Agency should
    use the authorities of the United States Information and
    Educational Exchange Act of 1948 to promote the development of
    a nonracial democracy in South Africa.

    SEC. 8. OTHER COOPERATIVE AGREEMENTS.

        In addition to the actions specified in the preceding
    sections of this Act, the President should seek to conclude
    cooperative agreements with South Africa on a range of issues,
    including cultural and scientific issues.

    SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS AND OTHER DONORS.

        (a) In General.--The President should encourage other
    donors, particularly Japan and the European Community
    countries, to expand their activities in support of the
    transition to nonracial democracy in South Africa.
        (b) International Financial Institutions.--The Secretary of
    the Treasury should instruct the United States Executive
    Director of each relevant international financial institution,
    including the International Bank for Reconstruction and
    Development and the International Development Association, to
    urge that institution to initiate or expand its lending and
    other financial assistance activities to South Africa in order
    to support the transition to nonracial democracy in South
    Africa.
        (c) Technical Assistance.--The Secretary of the Treasury
    should instruct the United States Executive Director of each
    relevant international financial institution to urge that
    institution to fund programs to initiate or expand technical
    assistance to South Africa for the purpose of training the
    people of South Africa in government management techniques.

    SEC. 10. CONSULTATION WITH SOUTH AFRICANS.

        In carrying out this Act, the President should consult
    closely with South African individuals and organizations
    representative of the majority population in South Africa
    (particularly consultations through the Transitional Executive
    Council) and others committed to abolishing the remnants of
    apartheid.
      n. Prohibiting Trade and Certain Other Transactions Involving Libya

              Note.--Executive Order 13357 of September 24, 2004
            (69 F.R. 56665) terminated the national emergency
            declared in Executive Order 12543 of January 7, 1986
            (51 F.R. 875) regarding Libya. Executive Order 13357
            further revoked Executive Order 12543, as well as
            Executive Order 12538 of November 15, 1985 (50 F.R.
            47527) regarding imports and refined petroleum products
            from Libya; Executive Order 12544 of January 8, 1986
            (51 F.R. 1235) regarding blocking Libyan Government
            property in the United States or held by U.S. persons;
            and Executive Order 12801 of April 15, 1992 (57 F.R.
            14319) regarding barring overflight, takeoff, and
            landing of aircraft flying to or from Libya.

         o. Policy Toward United States Business Transactions in Angola

    Partial text of Public Law 99-472 [H.R. 5548], 100 Stat. 1200, approved
                                October 15, 1986

              AN ACT To amend the Export-Import Bank Act of 1945.

        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 ``Export-Import Bank Act
    Amendments of 1986''.
              * * * * * * *

    SEC. 21. POLICY TOWARD UNITED STATES BUSINESS TRANSACTIONS IN ANGOLA.

        (a) The Congress finds that--
              (1) the Marxist Popular Movement for the Liberation
            of Angola (hereafter in this section referred to as the
            ``MPLA'') has failed to hold fair and free elections
            since assuming power in Angola in 1975;
              (2) Angola currently harbors more than 35,000 Soviet
            and Cuban troops and advisers;
              (3) the Cubans and Soviets have channeled more than
            $4,000,000,000 in assistance and military aid in
            furtherance of this intervention in Africa;
              (4) the MPLA government of Angola obtains more than
            90 percent of its foreign exchange from the extraction
            and production of oil;
              (5) most of Angola's oil is extracted in Cabinda
            Province, where 75 percent of it is extracted by the
            Chevron-Gulf Oil company;
              (6) the MPLA has refused to take meaningful steps to
            end its dependency on Soviet and Cuban forces, engage
            in national reconciliation within Angola, or encourage
            the independence of Namibia; and
              (7) United States business interests are in direct
            conflict with United States foreign policy objectives
            in aiding the MPLA government of Angola, which directly
            opposes Jonas Savimbi and UNITA, recipients of United
            States support.
        (b)(1) It is the sense of the Congress that the interests
    of the United States are best served when United States
    business transactions conducted in Angola do not directly or
    indirectly support Cuban troops and Soviet advisers.
        (2) the Congress hereby requests that the President
    consider using his authorities under the Export Administration
    Act of 1979 to restrict United States business transactions
    that conflict with United States security interests in Angola.
              * * * * * * *

              Note.--Executive Order 13298 of May 6, 2003 (68 F.R.
            24857) terminated the national emergency declared in
            Executive Order 12865 of September 26, 1993 (58 F.R.
            51005) regarding Angola and the National Union for the
            Total Independence of Angola (UNITA). Executive Order
            13298 further revoked Executive Order 12865, as well as
            Executive Order 13069 of December 12, 1997 (62 F.R.
            65989) regarding the prohibition of certain
            transactions with UNITA; and Executive Order 13098 of
            August 18, 1998 (63 F.R. 44771) regarding the
            prohibition of certain transactions involving UNITA.

     p. Authority to Deny Most-Favored-Nation Treatment to the Products of
                                  Afghanistan

     Partial text of Public Law 99-190 [Further Continuing Appropriations
    Act 1986; H.J. Res. 465], 99 Stat. 1185 at 1314, approved December 19,
                                      1985

        AN ACT Making appropriations for foreign assistance and related
     programs for the fiscal year ending September 30, 1986, and for other
                               purposes, namely:

              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *
        Sec. 552.\1\ (a) Notwithstanding any other provision of
    law, the President is authorized--
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 2434 note. The President suspended the most-favored-
    nation status for products of Afghanistan in Proclamation 5437 of
    January 31, 1986 (51 F.R. 4287). Normal trade relations (most-favored-
    nation status) was restored in Proclamation 7553 of May 3, 2002 (67
    F.R. 30535).
    ---------------------------------------------------------------------------
              (1) to deny nondiscriminatory (most-favored-nation)
            trade treatment to the products of Afghanistan and
            thereby cause such products to be subject to the rate
            of duty set forth in column number 2 of the Tariff
            Schedules of the United States, and
              (2) to deny credit, credit guarantees, and investment
            guarantees to, or for the benefit of, Afghanistan under
            any Federal program.
        (b) If the President has not denied nondiscriminatory trade
    treatment to the products of Afghanistan before the date that
    is 45 days after the date of enactment of this joint
    resolution, the President shall submit to the Congress on such
    date.
              * * * * * * *
        Sec. 118.\1\ (a) Notwithstanding any other provision of
    law, the President is authorized--
              (1) to deny nondiscriminatory (most-favored-nation)
            trade treatment to the products of Afghanistan and
            thereby cause such products to be subject to the rate
            of duty set forth in column number 2 of the Tariff
            Schedules of the United States, and
              (2) to deny credit, credit guarantees, and investment
            guarantees to, or for the benefit of, Afghanistan under
            any Federal program.
        (b) If the President has not denied nondiscriminatory trade
    treatment to the products of Afghanistan before the date that
    is 45 days after the date of enactment of this joint
    resolution, the President shall submit to the Congress on such
    date a report which states the reasons why the President has
    not denied such treatment.
        (c) Notwithstanding any other provision of law, if the
    President takes any action under subsection (a), the President
    is authorized to--
              (1) restore nondiscriminatory trade treatment to the
            products of Afghanistan, and
              (2) extend credit, credit guarantees, and investment
            guarantees to, or for the benefit of, Afghanistan under
            any Federal program.
    only if the President provides written notice of such
    restoration or extension to the Congress at least 30 days prior
    to the date on which such restoration or extension takes
    effect.
        (d) For purposes of this joint resolution, the term
    ``product of Afghanistan'' means any article which is grown,
    produced, or manufactured (in whole or in part) in Afghanistan.
              * * * * * * *

              Note.--Executive Order 13268 of July 2, 2002 (67 F.R.
            44751) terminated the national emergency declared in
            Executive Order 13129 of July 4, 1999 (64 F.R. 13129)
            regarding the Taliban. Executive Order 13268 further
            revoked Executive Order 13129 and amended Executive
            Order 13224 of September 23, 2001 (66 F.R. 49077)
            regarding blocking property and prohibiting
            transactions with persons who commit, threaten to
            commit, or support terrorism. Executive Order 13224 can
            be found in this volume, p. 1504.

                  q. Transactions With and Investment in Burma

                 (1) Burmese Freedom and Democracy Act of 2003

      Public Law 108-61 [H.R. 2330], 117 Stat. 864, approved July 28, 2003

      AN ACT To sanction the ruling Burmese military junta, to strengthen
    Burma's democratic forces and support and recognize the National League
     of Democracy as the legitimate representative of the Burmese people,
                            and for other purposes.

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Burmese Freedom and
    Democracy Act of 2003''.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS.

        Congress makes the following findings:
              (1) The State Peace and Development Council (SPDC)
            has failed to transfer power to the National League for
            Democracy(NLD) whose parliamentarians won an
            overwhelming victory in the 1990 elections in Burma.
              (2) The SPDC has failed to enter into meaningful,
            political dialogue with the NLD and ethnic minorities
            and has dismissed the efforts of United Nations Special
            Envoy Razali bin Ismail to further such dialogue.
              (3) According to the State Department's ``Report to
            the Congress Regarding Conditions in Burma and U.S.
            Policy Toward Burma'' dated March 28, 2003, the SPDC
            has become ``more confrontational'' in its exchanges
            with the NLD.
              (4) On May 30, 2003, the SPDC, threatened by
            continued support for the NLD throughout Burma,
            brutally attacked NLD supporters, killed and injured
            scores of civilians, and arrested democracy advocate
            Aung San Suu Kyi and other activists.
              (5) The SPDC continues egregious human rights
            violations against Burmese citizens, uses rape as a
            weapon of intimidation and torture against women, and
            forcibly conscripts child-soldiers for the use in
            fighting indigenous ethnic groups.
              (6) The SPDC is engaged in ethnic cleansing against
            minorities within Burma, including the Karen, Karenni,
            and Shan people, which constitutes a crime against
            humanity and has directly led to more than 600,000
            internally displaced people living within Burma and
            more than 130,000 people from Burma living in refugee
            camps along the Thai-Burma border.
              (7) The ethnic cleansing campaign of the SPDC is in
            sharp contrast to the traditional peaceful coexistence
            in Burma of Buddhists, Muslims, Christians, and people
            of traditional beliefs.
              (8) The SPDC has demonstrably failed to cooperate
            with the United States in stopping the flood of heroin
            and methamphetamines being grown, refined,
            manufactured, and transported in areas under the
            control of the SPDC serving to flood the region and
            much of the world with these illicit drugs.
              (9) The SPDC provides safety, security, and engages
            in business dealings with narcotics traffickers under
            indictment by United States authorities, and other
            producers and traffickers of narcotics.
              (10) The International Labor Organization (ILO), for
            the first time in its 82-year history, adopted in 2000,
            a resolution recommending that governments, employers,
            and workers organizations take appropriate measures to
            ensure that their relations with the SPDC do not abet
            the government-sponsored system of forced, compulsory,
            or slave labor in Burma, and that other international
            bodies reconsider any cooperation they may be engaged
            in with Burma and, if appropriate, cease as soon as
            possible any activity that could abet the practice of
            forced, compulsory, or slave labor.
              (11) The SPDC has integrated the Burmese military and
            its surrogates into all facets of the economy
            effectively destroying any free enterprise system.
              (12) Investment in Burmese companies and purchases
            from them serve to provide the SPDC with currency that
            is used to finance its instruments of terror and
            repression against the Burmese people.
              (13) On April 15, 2003, the American Apparel and
            Footwear Association expressed its ``strong support for
            a full and immediate ban on U.S. textiles, apparel and
            footwear imports from Burma'' and called upon the
            United States Government to ``impose an outright ban on
            U.S. imports'' of these items until Burma demonstrates
            respect for basic human and labor rights of its
            citizens.
              (14) The policy of the United States, as articulated
            by the President on April 24, 2003, is to officially
            recognize the NLD as the legitimate representative of
            the Burmese people as determined by the 1990 election.
              (15) The United States must work closely with other
            nations, including Thailand, a close ally of the United
            States, to highlight attention to the SPDC's systematic
            abuses of human rights in Burma, to ensure that
            nongovernmental organizations promoting human rights
            and political freedom in Burma are allowed to operate
            freely and without harassment, and to craft a
            multilateral sanctions regime against Burma in order to
            pressure the SPDC to meet the conditions identified in
            section 3(a)(3) of this Act.

    SEC. 3.\1\ BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF
                        BURMA.

        (a) General Ban.--
              (1) In general.--Notwithstanding any other provision
            of law, until such time as the President determines and
            certifies to Congress that Burma has met the conditions
            described in paragraph (3), beginning 30 days after the
            date of the enactment of this Act, the President shall
            ban the importation of any article that is a product of
            Burma.
              (2) Ban on imports from certain countries.--The
            import restrictions contained in paragraph (1) shall
            apply to, among other entities--
                      (A) the SPDC, any ministry of the SPDC, a
                    member of the SPDC or an immediate family
                    member of such member;
                      (B) known narcotics traffickers from Burma or
                    an immediate family member of such narcotics
                    trafficker;
                      (C) the Union of Myanmar Economics Holdings
                    Incorporated (UMEHI) or any company in which
                    the UMEHI has a fiduciary interest;
                      (D) the Myanmar Economic Corporation (MEC) or
                    any company in which the MEC has a fiduciary
                    interest;
                      (E) the Union Solidarity and Development
                    Association (USDA); and
                      (F) any successor entity for the SPDC, UMEHI,
                    MEC, or USDA.
              (3) Conditions described.--The conditions described
            in this paragraph are the following:
                      (A) The SPDC has made substantial and
                    measurable progress to end violations of
                    internationally recognized human rights
                    including rape, and the Secretary of State,
                    after consultation with the ILO Secretary
                    General and relevant nongovernmental
                    organizations, reports to the appropriate
                    congressional committees that the SPDC no
                    longer systematically violates workers rights,
                    including the use of forced and child labor,
                    and conscription of child-soldiers.
                      (B) The SPDC has made measurable and
                    substantial progress toward implementing a
                    democratic government including--
                              (i) releasing all political
                            prisoners;
                              (ii) allowing freedom of speech and
                            the press;
                              (iii) allowing freedom of
                            association;
                              (iv) permitting the peaceful exercise
                            of religion; and
                              (v) bringing to a conclusion an
                            agreement between the SPDC and the
                            democratic forces led by the NLD and
                            Burma's ethnic nationalities on the
                            transfer of power to a civilian
                            government accountable to the Burmese
                            people through democratic elections
                            under the rule of law.
                      (C) Pursuant to section 706(2) of the Foreign
                    Relations Authorization Act, Fiscal Year 2003
                    (Public Law 107-228), Burma has not been
                    designated as a country that has failed
                    demonstrably to make substantial efforts to
                    adhere to its obligations under international
                    counternarcotics agreements and to take other
                    effective counternarcotics measures, including,
                    but not limited to (i) the arrest and
                    extradition of all individuals under indictment
                    in the United States for narcotics trafficking,
                    (ii) concrete and measurable actions to stem
                    the flow of illicit drug money into Burma's
                    banking system and economic enterprises, and
                    (iii) actions to stop the manufacture and
                    export of methamphetamines.
              (4) Appropriate congressional committees.--In this
            subsection, the term ``appropriate congressional
            committees'' means the Committees on Foreign Relations
            and Appropriations of the Senate and the Committees on
            International Relations and Appropriations of the House
            of Representatives.
        (b) Waiver Authorities.--The President may waive the
    prohibitions described in this section for any or all articles
    that are a product of Burma if the President determines and
    notifies the Committees on Appropriations, Finance, and Foreign
    Relations of the Senate and the Committees on Appropriations,
    International Relations, and Ways and Means of the House of
    Representatives that to do so is in the national interest of
    the United States.

    SEC. 4.\1\ FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.

        (a) Reporting Requirement.--Not later than 60 days after
    the date of enactment of this Act, the President shall take
    such action as is necessary to direct, and promulgate
    regulations to the same, that any United States financial
    institution holding funds belonging to the SPDC or the assets
    of those individuals who hold senior positions in the SPDC or
    its political arm, the Union Solidarity Development
    Association, shall promptly report those funds or assets to the
    Office of Foreign Assets Control.
        (b) Additional Authority.--The President may take such
    action as may be necessary to impose a sanctions regime to
    freeze such funds or assets, subject to such terms and
    conditions as the President determines to be appropriate.
        (c) Delegation.--The President may delegate the duties and
    authorities under this section to such Federal officers or
    other officials as the President deems appropriate.

    SEC. 5.\1\ LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.

        The Secretary of the Treasury shall instruct the United
    States executive director to each appropriate international
    financial institution in which the United States participates,
    to oppose, and vote against the extension by such institution
    of any loan or financial or technical assistance to Burma until
    such time as the conditions described in section 3(a)(3) are
    met.

    SEC. 6.\1\ EXPANSION OF VISA BAN.

        (a) In General.--
              (1) Visa ban.--The President is authorized to deny
            visas and entry to the former and present leadership of
            the SPDC or the Union Solidarity Development
            Association.
              (2) Updates.--The Secretary of State shall coordinate
            on a biannual basis with representatives of the
            European Union to allow officials of the United States
            and the European Union to ensure a high degree of
            coordination of lists of individuals banned from
            obtaining a visa by the European Union for the reason
            described in paragraph (1) and those banned from
            receiving a visa from the United States.
        (b) Publication.--The Secretary of State shall post on the
    Department of State's website the names of individuals whose
    entry into the United States is banned under subsection (a).

    SEC. 7.\1\ CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.

        Congress encourages the Secretary of State to highlight the
    abysmal record of the SPDC to the international community and
    use all appropriate fora, including the Association of
    Southeast Asian Nations Regional Forum and Asian Nations
    Regional Forum, to encourage other states to restrict financial
    resources to the SPDC and Burmese companies while offering
    political recognition and support to Burma's democratic
    movement including the National League for Democracy and
    Burma's ethnic groups.

    SEC. 8.\1\ SUPPORT DEMOCRACY ACTIVISTS IN BURMA.

        (a) In General.--The President is authorized to use all
    available resources to assist Burmese democracy activists
    dedicated to nonviolent opposition to the regime in their
    efforts to promote freedom, democracy, and human rights in
    Burma, including a listing of constraints on such programming.
        (b) Reports.--
              (1) First report.--Not later than 3 months after the
            date of enactment of this Act, the Secretary of State
            shall provide the Committees on Appropriations and
            Foreign Relations of the Senate and the Committees on
            Appropriations and International Relations of the House
            of Representatives a comprehensive report on its short-
            and long-term programs and activities to support
            democracy activists in Burma, including a list of
            constraints on such programming.
              (2) Report on resources.--Not later than 6 months
            after the date of enactment of this Act, the Secretary
            of State shall provide the Committees on Appropriations
            and Foreign Relations of the Senate and the Committees
            on Appropriations and International Relations of the
            House of Representatives a report identifying resources
            that will be necessary for the reconstruction of Burma,
            after the SPDC is removed from power, including-
                      (A) the formation of democratic institutions;
                      (B) establishing the rule of law;
                      (C) establishing freedom of the press;
                      (D) providing for the successful
                    reintegration of military officers and
                    personnel into Burmese society; and
                      (E) providing health, educational, and
                    economic development.
              (3) Report on trade sanctions.--Not later than 90
            days before the date on which the import restrictions
            contained in section 3(a)(1) are to expire, the
            Secretary of State, in consultation with the United
            States Trade Representative and the heads of
            appropriate agencies, shall submit to the Committees on
            Appropriations, Finance, and Foreign Relations of the
            Senate, and the Committees on Appropriations,
            International Relations, and Ways and Means of the
            House of Representatives, a report on--
                      (A) bilateral and multilateral measures
                    undertaken by the United States Government and
                    other governments topromote human rights and
                    democracy in Burma;
                      (B) the extent to which actions related to
                    trade with Burma taken pursuant to this Act
                    have been effective in--
                              (i) improving conditions in Burma,
                            including human rights violations,
                            arrest and detention of democracy
                            activists, forced and child labor, and
                            the status of dialogue between the SPDC
                            and the NLD and ethnic minorities;
                              (ii) furthering the policy objections
                            of the United States toward Burma; and
                      (C) the impact of actions relating to trade
                    take pursuant to this Act on other national
                    security, economic, and foreign policy
                    interests of the United States, including
                    relations with countries friendly to the United
                    States.

    SEC. 9.\1\ DURATION OF SANCTIONS.

        (a) Termination by Request from Democratic Burma.--The
    President may terminate any provision in this Act upon the
    request of a democratically elected government in Burma,
    provided that all the conditions in section 3(a)(3) have been
    met.
        (b) Continuation of Import Sanctions.--
              (1) Expiration.--The import restrictions contained in
            section 3(a)(1) shall expire 1 year from the date of
            enactment of this Act unless renewed under paragraph
            (2) of this section.
              (2) Resolution by congress.--The import restrictions
            contained in section 3(a)(1) may be renewed annually
            for a 1-year period if, prior to the anniversary of the
            date of enactment of this Act, and each year
            thereafter, a renewal resolution is enacted into law in
            accordance with subsection (c).\2\
    ---------------------------------------------------------------------------
        \2\ Public Law 108-272 (118 Stat. 818) provided that ``Congress
    approves the renewal of the import restrictions contained in section
    3(a)(1) of the Burmese Freedom and Democracy Act of 2003.''.
        Public Law 109-39 (119 Stat. 409) provided that ``Congress approves
    the renewal of the import restrictions contained in section 3(a)(1) of
    the Burmese Freedom and Democracy Act of 2003.''.
    ---------------------------------------------------------------------------
              (3) Limitation.--The import restrictions contained in
            section 3(a)(1) may be renewed for a maximum of three
            years from the date of the enactment of this Act.
        (c) Renewal Resolutions.--
              (1) In general.--For purposes of this section, the
            term ``renewal resolution'' means a joint resolution of
            the 2 Houses of Congress, the sole matter after the
            resolving clause of which is as follows: ``That
            Congress approves the renewal of the import
            restrictions contained in section 3(a)(1) of the
            Burmese Freedom and Democracy Act of 2003.''.
              (2) Procedures.--
                      (A) In general.---A renewal resolution--
                              (i) may be introduced in either House
                            of Congress by any member of such House
                            at any time within the 90-day period
                            before the expiration of the import
                            restrictions contained in section
                            3(a)(1); and
                              (ii) the provisions of subparagraph
                            (B) shall apply.
                      (B) Expedited consideration.--The provisions
                    of section 152(b), (c), (d), (e), and (f) of
                    the Trade Act of 1974 (19 U.S.C. 2192 (b), (c),
                    (d), (e), and (f)) apply to a renewal
                    resolution under this Act as if such resolution
                    were a resolution described in section 152(a)
                    of the Trade Act of 1974.
                       (2) Policy Toward Burma--Sanctions

        Partial text of Public Law 104-208 [Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1997; title I, sec.
       101(c) of the Omnibus Consolidated Appropriations Act, 1997; H.R.
               3610], 110 Stat. 3009, approved September 30, 1996

        AN ACT Making appropriations for the foreign operations, export
     financing, and related programs for the fiscal year ending September
                       30, 1997, and for other purposes.

                                    TITLE I

              * * * * * * *
        Sec. 101. * * *
              * * * * * * *
        (c) For programs, projects or activities in the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1997, provided as follows, to be effective
    as if it had been enacted into law as the regular
    appropriations Act:
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                              policy toward burma

        Sec. 570. (a) Until such time as the President determines
    and certifies to Congress that Burma has made measurable and
    substantial progress in improving human rights practices and
    implementing democratic government, the following sanctions
    shall be imposed on Burma:
              (1) Bilateral assistance.--There shall be no United
            States assistance to the Government of Burma, other
            than:
                      (A) humanitarian assistance,
                      (B) subject to the regular notification
                    procedures of the Committees on Appropriations,
                    counter-narcotics assistance under chapter 8 of
                    part I of the Foreign Assistance Act of 1961,
                    or crop substitution assistance, if the
                    Secretary of State certifies to the appropriate
                    congressional committees that--
                              (i) the Government of Burma is fully
                            cooperating with United States counter-
                            narcotics efforts, and
                              (ii) the programs are fully
                            consistent with United States human
                            rights concerns in Burma and serve the
                            United States national interest, and
                      (C) assistance promoting human rights and
                    democratic values.
              (2) Multilateral assistance.--The Secretary of the
            Treasury shall instruct the United States executive
            director of each international financial institution to
            vote against any loan or other utilization of funds of
            the respective bank to or for Burma.
              (3) Visas.--Except as required by treaty obligations
            or to staff the Burmese mission to the United States,
            the United States should not grant entry visas to any
            Burmese government official.
        (b) Conditional Sanctions.--The President is hereby
    authorized to prohibit, and shall prohibit United States
    persons from new investment in Burma, if the President
    determines and certifies to Congress that, after the date of
    enactment of this Act, the Government of Burma has physically
    harmed, rearrested for political acts, or exiled Daw Aung San
    Suu Kyi or has committed large-scale repression of or violence
    against the Democratic opposition.
        (c) Multilateral Strategy.--The President shall seek to
    develop, in coordination with members of ASEAN and other
    countries having major trading and investment interests in
    Burma, a comprehensive, multilateral strategy to bring
    democracy to and improve human rights practices and the quality
    of life in Burma, including the development of a dialogue
    between the State Law and Order Restoration Council (SLORC) and
    democratic opposition groups within Burma.
        (d) \1\ Presidential Reports.--Every six months following
    the enactment of this Act, the President shall report to the
    Chairmen of the Committee on Foreign Relations, the Committee
    on International Relations and the House and Senate
    Appropriations Committees on the following:
    ---------------------------------------------------------------------------
        \1\ The President filed a report pursuant to this section with
    Presidential Determination No. 97-29 of June 13, 1997 (62 F.R. 34157);
    and Presidential Determination No. 98-6 of December 2, 1997 (62 F.R.
    65005). In Presidential Determination No. 98-30 of June 15, 1998, the
    President authorized and directed the Secretary of State to transmit
    the required report to the Congress (63 F.R. 34255). The Secretary of
    State was subsequently authorized and directed to transmit the report
    on the following dates: Presidential Memorandum of October 27, 1998 (63
    F.R. 63123); Presidential Memorandum of October 27, 1999 (64 F.R.
    60647); Presidential Memorandum of April 19, 2000 (65 F.R. 24849);
    Presidential Memorandum of October 31, 2000 (65 F.R. 66599);
    Presidential Memorandum of April 12, 2001 (66 F.R. 20723); Presidential
    Memorandum of February 1, 2002 (67 F.R. 5923); Presidential Memorandum
    of November 6, 2002 (67 F.R. 75799); Presidential Determination 03-07
    of December 11, 2002 (due to clerical error, report was not transmitted
    on November 6; 67 F.R. 77645); and Presidential Memorandum of March 28,
    2003 (68 F.R. 17529). No reports are recorded in the 2004 or 2005
    issues of the Federal Register.
    ---------------------------------------------------------------------------
              (1) progress toward democratization in Burma;
              (2) progress on improving the quality of life of the
            Burmese people, including progress on market reforms,
            living standards, labor standards, use of forced labor
            in the tourism industry, and environmental quality; and
              (3) progress made in developing the strategy referred
            to in subsection (c).
        (e) Waiver Authority.--The President shall have the
    authority to waive, temporarily or permanently, any sanction
    referred to in subsection (a) or subsection (b) if he
    determines and certifies to Congress that the application of
    such sanction would be contrary to the national security
    interests of the United States.
        (f) Definitions.--
              (1) The term ``international financial institutions''
            shall include the International Bank for Reconstruction
            and Development, the International Development
            Association, the International Finance Corporation, the
            Multilateral Investment Guarantee Agency, the Asian
            Development Bank, and the International Monetary Fund.
              (2) The term ``new investment'' shall mean any of the
            following activities if such an activity is undertaken
            pursuant to an agreement, or pursuant to the exercise
            of rights under such an agreement, that is entered into
            with the Government of Burma or a nongovernmental
            entity in Burma, on or after the date of the
            certification under subsection (b):
                      (A) the entry into a contract that includes
                    the economical development of resources located
                    in Burma, or the entry into a contract
                    providing for the general supervision and
                    guarantee of another person's performance of
                    such a contract;
                      (B) the purchase of a share of ownership,
                    including an equity interest, in that
                    development;
                      (C) the entry into a contract providing for
                    the participation in royalties, earnings, or
                    profits in that development, without regard to
                    the form of the participation:

            Provided, That the term ``new investment'' does not
            include the entry into, performance of, or financing of
            a contract to sell or purchase goods, services, or
            technology.
                (3) Economic Sanctions Against Products of Burma

    Partial text of Public Law 101-382 [Customs and Trade Act of 1990; H.R.
                 1594], 104 Stat. 629, approved August 20, 1990

      AN ACT To make miscellaneous and technical changes to various trade
                                     laws.

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

       TITLE I--TRADE AGENCY AUTHORIZATION, CUSTOMS USER FEES, AND OTHER
                                   PROVISIONS

              * * * * * * *

                      Subtitle D--Miscellaneous Provisions

              * * * * * * *

    SEC. 138. ECONOMIC SANCTIONS AGAINST PRODUCTS OF BURMA.

        (a) In General.--If, prior to October 1, 1990, the
    President does not certify to Congress that Burma has met all
    of the conditions listed in subsection (b), then the
    President--
              (1) shall impose such economic sanctions upon Burma
            as the President determines to be appropriate,
            including any sanctions appropriate under the Narcotics
            Control Trade Act of 1986; and
              (2) should confer with other industrialized
            democracies in order to reach cooperative agreements to
            impose sanctions against Burma.
        (b) Conditions Which Burma Must Meet.--The conditions
    referred to in subsection (a) are as follows:
              (1) Burma meets the certification requirements listed
            in section 802(b) of the Narcotics Control Trade Act of
            1986;
              (2) The national governmental legal authority in
            Burma has been transferred to a civilian government.
              (3) Martial law has been lifted in Burma.
              (4) Prisoners held for political reasons in Burma
            have been released.
        (c) Imposition of Sanctions.--In applying subsection
    (a)(1), the President shall give primary consideration to the
    imposition of sanctions on those products which constitute
    major imports from Burma, including fish, tropical timber, and
    aquatic animals, unless the President determines that sanctions
    against such products would have a significant adverse effect
    on the economic interests of the United States.
        (d) Reports if Sanctions not Imposed.--If the President
    does not impose economic sanctions under subsection (a)(1), the
    President shall--
              (1) report to the Congress his reasons for not
            imposing sanctions and the actions he intends to take
            to achieve the conditions listed in subsection (b) (1)
            through (4); and
              (2) for as long as economic sanctions are not imposed
            during the 2-year period after the date on which the
            report is first made under paragraph (1), submit
            semiannual reports to the Congress regarding the
            reasons and actions referred in such paragraph.
              * * * * * * *
       (4) Blocking Property of the Government of Burma and Prohibiting
                              Certain Transactions

      Executive Order 13310, July 28, 2003, 68 F.R. 44853, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), the Burmese Freedom and Democracy Act of
    2003 (July 28, 2003), and section 301 of title 3, United States
    Code, and in order to take additional steps with respect to the
    Government of Burma's continued repression of the democratic
    opposition in Burma and with respect to the national emergency
    declared in Executive Order 13047 of May 20, 1997; \1\
    ---------------------------------------------------------------------------
        \1\ Sec. 12 of this Executive Order revoked secs. 1 through 7 of
    Executive Order 13047, to the extent they are inconsistent with this
    Executive Order.
    ---------------------------------------------------------------------------
        I, GEORGE W. BUSH, President of the United States of
    America, hereby order:
        Section 1. Except to the extent provided in section
    203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
    and (4)), the Trade Sanctions Reform and Export Enhancement Act
    of 2000 (title IX, PublicLaw 106-387) (TSRA), or regulations,
    orders, directives, or licenses that may be issued pursuant to
    this order, and notwithstanding any contract entered into or
    any license or permit granted prior to the effective date of
    this order, all property and interests in property of the
    following persons that are in the United States, that hereafter
    come within the United States, or that are or hereafter come
    within the possession or control of United States persons,
    including their overseas branches, are blocked and may not be
    transferred, paid, exported, withdrawn, or otherwise dealt in:
              (a) the persons listed in the Annex attached and made
            a part of this order; and
              (b) any person determined by the Secretary of the
            Treasury, in consultation with the Secretary of State,
                      (i) to be a senior official of the Government
                    of Burma, the State Peace and Development
                    Council of Burma, the Union Solidarity and
                    Development Association of Burma, or any
                    successor entity to any of the foregoing; or
                      (ii) to be owned or controlled by, or acting
                    or purporting to act for or on behalf of,
                    directly or indirectly, any person whose
                    property and interests in property are blocked
                    pursuant to this order.
        Sec. 2. Except to the extent provided in section 203(b) of
    IEEPA (50 U.S.C. 1702(b)), the TSRA, or regulations, orders,
    directives, or licenses that may be issued pursuant to this
    order, and notwithstanding any contract entered into or any
    license or permit granted prior to the effective date of this
    order, the following are prohibited:
              (a) the exportation or reexportation, directly or
            indirectly, to Burma of any financial services either
            (i) from the United States or (ii) by a United States
            person, wherever located; and
              (b) any approval, financing, facilitation, or
            guarantee by a United States person, wherever located,
            of a transaction by a foreign person where the
            transaction by that foreign person would be prohibited
            by this order if performed by a United States person or
            within the United States;
        Sec. 3. Beginning 30 days after the effective date of this
    order, and except to the extent provided in section 8 of this
    order and in regulations, orders, directives, or licenses that
    may be issued pursuant to this order, and notwithstanding any
    contract entered into or any license or permit granted prior to
    30 days after the effective date of this order, the importation
    into the United States of any article that is a product of
    Burma is hereby prohibited.
        Sec. 4. (a) Any transaction by a United States person or
    within the United States that evades or avoids, has the purpose
    of evading or avoiding, or attempts to violate any of the
    prohibitions set forth in this order is prohibited.
        (b) Any conspiracy formed to violate any of the
    prohibitions set forth in this order is prohibited.
        Sec. 5. For purposes of this order:
              (a) the term ``person'' means an individual or
            entity;
              (b) the term ``entity'' means a partnership,
            association, trust, joint venture, corporation, group,
            subgroup, or other organization;
              (c) the term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States or any
            jurisdiction within the United States (including
            foreign branches), or any person in the United States;
            and
              (d) the term ``Government of Burma'' means the
            Government of Burma (sometimes referred to as Myanmar),
            its agencies, instrumentalities and controlled
            entities, and the Central Bank of Burma.
        Sec. 6. I hereby determine that the making of donations of
    the type specified in section 203(b)(2) of IEEPA (50 U.S.C.
    1702(b)(2)) by or to persons whose property and interests in
    property are blocked pursuant to section 1 of this order would
    seriously impair my ability to deal with the national emergency
    declared in Executive Order 13047, and hereby prohibit such
    donations as provided by section 1 of this order.
        Sec. 7. For those persons whose property and interests in
    property are blocked pursuant to section 1 of this order who
    might have a constitutional presence in the United States, I
    find that because of the ability to transfer funds or other
    assets instantaneously, prior notice to such persons of
    measures to be taken pursuant to this order would render these
    measures ineffectual. I therefore determine that for these
    measures to be effective in addressing the national emergency
    declared in Executive Order 13047, there need be no prior
    notice of a listing or determination made pursuant to this
    order.
        Sec. 8. Determining that such a waiver is in the national
    interest of the United States, I hereby waive the prohibitions
    described in section 3 of the Burmese Freedom and Democracy Act
    of 2003 with respect to any and all articles that are a product
    of Burma to the extent that prohibiting the importation of such
    articles would conflict with the international obligations of
    the United States under the Vienna Convention on Diplomatic
    Relations, the Vienna Convention on Consular Relations, the
    United Nations Headquarters Agreement, and other legal
    instruments providing equivalent privileges and immunities.
        Sec. 9. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA and
    sections 3(a) and 4 of the Burmese Freedom and Democracy Act of
    2003, other than the authority to make the determinations and
    certification to the Congress that Burma has met the conditions
    described in 3(a)(3) of the Act, as may be necessary to carry
    out the purposes of this order. The Secretary of the Treasury
    may redelegate any of these functions to other officers and
    agencies of the United States Government consistent with
    applicable law. The Secretary of State is authorized to
    exercise the functions and authorities conferred upon the
    President by section 3(b) of the Burmese Freedom and Democracy
    Act of 2003 and to redelegate these functions and authorities
    consistent with applicable law. All agencies of the United
    States Government are hereby directed to take all appropriate
    measures within their authority to carry out the provisions of
    this order.
        Sec. 10. The Secretary of the Treasury, in consultation
    with the Secretary of State, is authorized to determine,
    subsequent to the issuance of this order, that circumstances no
    longer warrant inclusion of a person in the Annex to this order
    and that the property and interests in property of that person
    are therefore no longer blocked pursuant to section 1 of this
    order.
        Sec. 11. Nothing in this order is intended to affect the
    continued effectiveness of any rules, regulations, orders,
    licenses, or other forms of administrative action issued,
    taken, or continued in effect heretofore or hereafter under 31
    C.F.R. chapter V, except as expressly terminated, modified, or
    suspended by or pursuant to this order.
        Sec. 12. Sections 1 through 7 of Executive Order 13047 are
    hereby revoked to the extent they are inconsistent with this
    order. All delegations, rules, regulations, orders, licenses,
    and other forms of administrative action made, issued, or
    otherwise taken under Executive Order 13047, not inconsistent
    with section 3 of this order and not revoked administratively,
    shall remain in full force and effect under this order until
    amended, modified, or terminated by proper authority. The
    revocation of any provision of Executive Order 13047 pursuant
    to this section shall not affect any violation of any rules,
    regulations, orders, licenses, or other forms of administrative
    action under that order during the period that such provision
    of that order was in effect.
        Sec. 13. All provisions of this order other than section 3
    shall not apply to any activity, or any transaction incident to
    an activity, undertaken pursuant to an agreement, or pursuant
    to the exercise of rights under such an agreement, that was
    entered into by a United States person with the Government of
    Burma or a nongovernmental entity in Burma prior to 12:01 a.m.
    eastern daylight time on May 21, 1997.
        Sec. 14. This order is not intended to, and does not,
    create any right or benefit, substantive or procedural,
    enforceable at law or in equity by any party against the United
    States, its departments, agencies, instrumentalities, or
    entities, its officers or employees, or any other person.
        Sec. 15. This order is effective on 12:01 a.m. eastern
    daylight time on July 29, 2003.
        Sec. 16. This order shall be transmitted to the Congress
    and published in the Federal Register.
          r. Prohibiting Certain Transactions with [Former] Yugoslavia

    (1) Compliance with United Nations Sanctions Against Iraq, Serbia, and
                                   Montenegro

    Partial text of Public Law 104-208, 110 Stat. 3009, approved September
                                    30, 1996

              * * * * * * *
        Sec. 533.\1\ (a) Denial of Assistance.--None of the funds
    appropriated or otherwise made available pursuant to this Act
    to carry out the Foreign Assistance Act of 1961 (including
    title IV of chapter 2 of part I, relating to the Overseas
    Private Investment Corporation) or the Arms Export Control Act
    may be used to provide assistance to any country that is not in
    compliance with the United Nations Security Council sanctions
    against Iraq, Serbia, or Montenegro unless the President
    determines that--
    ---------------------------------------------------------------------------
        \1\ 110 Stat. 3009-152, 50 U.S.C. 1701 note. See also sec. 540 of
    this Act, set forth as a note to sec. 1511 of Public Law 103-160 (50
    U.S.C. 1701 note) in Legislation on Foreign Relations Through 2005,
    vol. I-B.
    ---------------------------------------------------------------------------
              (1) such assistance is in the national interest of
            the United States
              (2) such assistance will directly benefit the needy
            people in that country; or
              (3) the assistance to be provided will be
            humanitarian assistance for foreign nationals who have
            fled Iraq and Kuwait.
        (b) Import Sanctions.--If the President considers that the
    taking of such action would promote the effectiveness of the
    economic sanctions imposed with respect to Iraq, Serbia, or
    Montenegro, as the case may be, and is consistent with the
    national interest, the President may prohibit, for such a
    period of time as he considers appropriate, the importation
    into the United States of any and all products of any foreign
    country that has not prohibited--
              (1) the importation of products of Iraq, Serbia, or
            Montenegro into its customs territory, and
              (2) the export of its products to Iraq, Serbia, or
            Montenegro, as the case may be.
              * * * * * * *
                          (2) Sanctions Against Serbia

       Partial text of P.L. 106-113 [Consolidated Appropriations for the
      Fiscal Year Ending September 30, 2000, and for Other Purposes; H.R.
               3194], 113 Stat. 1501, approved November 29, 1999

     AN ACT Making consolidated appropriations for the fiscal year ending
                  September 30, 2000, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the several
    departments, agencies, corporations and other organizational
    units of the Government for the fiscal year 2000, and for other
    purposes, namely:
              * * * * * * *

                             APPENDIX B--H.R. 3422

    That the following sums are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2000, and for other purposes, namely:
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                            sanctions against serbia

        Sec. 599.\1\  (a) Continuation of Executive Branch
    Sanctions.--The sanctions listed in subsection (b) shall remain
    in effect for fiscal year 2000, unless the President submits to
    the Committees on Appropriations and Foreign Relations in the
    Senate and the Committees on Appropriations and International
    Relations of the House of Representatives a certification
    described in subsection (c).
    ---------------------------------------------------------------------------
        \1\ See also sec. 1511 of Public Law 103-160, the National Defense
    Authorization Act for Fiscal Year 1994, in Legislation on Foreign
    Relations Through 2005, vol. I-B.
    ---------------------------------------------------------------------------
        (b) Applicable Sanctions.--
              (1) The Secretary of the Treasury shall instruct the
            United States executive directors of the international
            financial institutions to work in opposition to, and
            vote against, any extension by such institutions of any
            financial or technical assistance or grants of any kind
            to Serbia.
              (2) The Secretary of State should instruct the United
            States Ambassador to the Organization for Security and
            Cooperation in Europe (OSCE) to block any consensus to
            allow the participation of Serbia in the OSCE or any
            organization affiliated with the OSCE.
              (3) The Secretary of State should instruct the United
            States Representative to the United Nations to vote
            against any resolution in the United Nations Security
            Council to admit Serbia to the United Nations or any
            organization affiliated with the United Nations, to
            veto any resolution to allow Serbia to assume the
            United Nations' membership of the former Socialist
            Federal Republic of Yugoslavia, and to take action to
            prevent Serbia from assuming the seat formerly occupied
            by the Socialist Federal Republic of Yugoslavia.
              (4) The Secretary of State should instruct the United
            States Permanent Representative on the Council of the
            North Atlantic Treaty Organization to oppose the
            extension of the Partnership for Peace program or any
            other organization affiliated with NATO to Serbia.
              (5) The Secretary of State should instruct the United
            States Representative to the Southeast European
            Cooperative Initiative (SECI) to oppose and to work to
            prevent the extension of SECI membership to Serbia.
        (c) Certification.--A certification described in this
    subsection is a certification that--
              (1) the representatives of the successor states to
            the Socialist Federal Republic of Yugoslavia have
            successfully negotiated the division of assets and
            liabilities and all other succession issues following
            the dissolution of the Socialist Federal Republic of
            Yugoslavia;
              (2) the Government of Serbia is fully complying with
            its obligations as a signatory to the General Framework
            Agreement for Peace in Bosnia and Herzegovina;
              (3) the Government of Serbia is fully cooperating
            with and providing unrestricted access to the
            International Criminal Tribunal for the former
            Yugoslavia, including surrendering persons indicted for
            war crimes who are within the jurisdiction of the
            territory of Serbia, and with the investigations
            concerning the commission of war crimes and crimes
            against humanity in Kosova;
              (4) the Government of Serbia is implementing internal
            democratic reforms; and
              (5) Serbian federal government officials, and
            representatives of the ethnic Albanian community in
            Kosova have agreed on, signed, and begun implementation
            of a negotiated settlement on the future status of
            Kosova.
        (d) Statement of Policy.--It is the sense of the Congress
    that the United States should not restore full diplomatic
    relations with Serbia until the President submits to the
    Committees on Appropriations and Foreign Relations in the
    Senate and the Committees on Appropriations and International
    Relations in the House of Representatives the certification
    described in subsection (c).
        (e) Exemption of Montenegro and Kosova.--The sanctions
    described in subsection (b) shall not apply to Montenegro or
    Kosova.
        (f) Definition.--The term ``international financial
    institution'' includes the International Monetary Fund, the
    International Bank for Reconstruction and Development, the
    International Development Association, the International
    Finance Corporation, the Multilateral Investment Guarantee
    Agency, and the European Bank for Reconstruction and
    Development.
        (g) Waiver Authority.--The President may waive the
    application in whole or in part, of any sanction described in
    subsection (b) if the President certifies to the Congress that
    the President has determined that the waiver is necessary to
    meet emergency humanitarian needs.
              * * * * * * *

      restriction on united states assistance for certain reconstruction
                         efforts in the balkans region

        Sec. 599B. (a) Funds appropriated or otherwise made
    available by this Act for United States assistance for
    reconstruction efforts in the Federal Republic of Yugoslavia or
    any contiguous country should to the maximum extent practicable
    be used for the procurement of articles and services of United
    States origin.
        (b) Definitions.--In this section:
              (1) Article.--The term ``article'' means any
            agricultural commodity, steel, communications
            equipment, farm machinery or petrochemical refinery
            equipment.
              (2) Federal republic of yugoslavia.--The term
            ``Federal Republic of Yugoslavia'' includes Serbia,
            Montenegro and Kosova.
              * * * * * * *
          (3) Blocking Property of Persons Who Threaten International
                  Stabilization Efforts in the Western Balkans

      Executive Order 13219, June 26, 2001, 66 F.R. 34777, 50 U.S.C 1701
     note; as amended by Executive Order 13304, May 28, 2003, 68 F.R. 32315

              Note.--Executive Order 13304 of May 28, 2003 (68 F.R.
            32315), which amended this Executive Order, terminated
            the national emergency declared in Executive Order
            12808 of May 30, 1992 (57 F.R. 23299) and in Executive
            Order 13088 of June 9, 1998 (63 F.R. 32109) regarding
            the former Socialist Federal Republic of Yugoslavia.
            Executive Order 13304 revoked both of these Executive
            Orders and further revoked Executive Order 12810 of
            June 5, 1992 (57 F.R. 24347) regarding the blocking of
            property of the Federal Republic of Yugoslavia (Serbia
            and Montenegro); Executive Order 12831 of January 15,
            1993 (58 F.R. 5253) regarding additional measures with
            respect to the Federal Republic of Yugoslavia (Serbia
            and Montenegro); Executive Order 12846 of April 25,
            1993 (58 F.R. 25771) regarding additional measures with
            respect to the Federal Republic of Yugoslavia (Serbia
            and Montenegro); Executive Order 12934 of October 25,
            1994 (59 F.R. 54117) regarding blocking property and
            additional measures with respect to the Bosnian Serb-
            controlled areas of the Republic of Bosnia and
            Herzegovina; Executive Order 13121 of April 30, 1999
            (64 F.R. 24021) regarding the blocking of property of
            the Federal Republic of Yugoslavia (Serbia and
            Montenegro), the Republic of Serbia, and the Republic
            of Montenegro, and prohibiting trade transactions
            involving the Federal Republic of Yugoslavia (Serbia
            and Montenegro) in response to the situation in Kosovo;
            and Executive Order 13192 of January 17, 2001 (66 F.R.
            7379) regarding the lifting and modifying of measures
            with respect to the Federal Republic of Yugoslavia
            (Serbia and Montenegro).

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code,
        I, GEORGE W. BUSH, President of the United States of
    America, have determined that the actions of persons engaged
    in, or assisting, sponsoring, or supporting, (i) extremist
    violence in the former Yugoslav Republic of Macedonia, southern
    Serbia, the Federal Republic of Yugoslavia, and elsewhere in
    the Western Balkans region, or (ii) acts obstructing
    implementation of the Dayton Accords in Bosnia or United
    Nations Security Council Resolution 1244 of June 10, 1999, in
    Kosovo, threaten the peace in or diminish the security and
    stability of those areas and the wider region, undermine the
    authority, efforts, and objectives of the United Nations, the
    North Atlantic Treaty Organization (NATO), and other
    international organizations and entities present in those areas
    and the wider region, and endanger the safety of persons
    participating in or providing support to the activities of
    those organizations and entities, including United States
    military forces and Government officials. I find that such
    actions constitute an unusual and extraordinary threat to the
    national security and foreign policy of the United States, and
    hereby declare a national emergency to deal with that threat. I
    hereby order:
        Section 1. (a) \1\ Except to the extent provided in section
    203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
    and (4)), and the Trade Sanctions Reform and Export Enhancement
    Act of 2000 (Title IX, Public Law 106-387), and in regulations,
    orders, directives, or licenses that may hereafter be issued
    pursuant to this order, and notwithstanding any contract
    entered into or any license or permit granted prior to the
    effective date of this order, all property and interests in
    property of:
    ---------------------------------------------------------------------------
        \1\ Sec. 3 of Executive Order 13304 (68 F.R. 32315) amended and
    restated subsecs. (a) and (b).
    ---------------------------------------------------------------------------
              (i) the persons listed in the Annex to this order;
            \2\ and
    ---------------------------------------------------------------------------
        \2\ Sec. 2 of Executive Order 13304 (68 F.R. 32315) replaced and
    superseded the Annex to this Executive Order. For the text of the
    current Annex, see 68 F.R. 32318.
    ---------------------------------------------------------------------------
              (ii) persons designated by the Secretary of the
            Treasury, in consultation with the Secretary of State,
            because they are determined:
                      (A) to be under open indictment by the
                    International Criminal Tribunal for the former
                    Yugoslavia, unless circumstances warrant
                    otherwise, or
                      (B) to have committed, or to pose a
                    significant risk of committing, acts of
                    violence that have the purpose or effect of
                    threatening the peace in or diminishing the
                    stability or security of any area or state in
                    the Western Balkans region, undermining the
                    authority, efforts, or objectives of
                    international organizations or entities present
                    in the region, or endangering the safety of
                    persons participating in or providing support
                    to the activities of those international
                    organizations or entities, or
                      (C) to have actively obstructed, or pose a
                    significant risk of actively obstructing, the
                    Ohrid Framework Agreement of 2001 relating to
                    Macedonia, United Nations Security Council
                    Resolution 1244 relating to Kosovo, or the
                    Dayton Accords or the Conclusions of the Peace
                    Implementation Conference held in London on
                    December 8-9, 1995, including the decisions or
                    conclusions of the High Representative, the
                    Peace Implementation Council or its Steering
                    Board, relating to Bosnia and Herzegovina, or
                      (D) to have materially assisted in,
                    sponsored, or provided financial, material, or
                    technological support for, or goods or services
                    in support of, such acts of violence or
                    obstructionism or any person listed in or
                    designated pursuant to this order, or
                      (E) to be owned or controlled by, or acting
                    or purporting to act directly or indirectly for
                    or on behalf of, any person listed in or
                    designated pursuant to this order, that are or
                    hereafter come within the United States, or
                    that are or hereafter come within the
                    possession or control of United States persons,
                    are blocked and may not be transferred, paid,
                    exported, withdrawn, or otherwise dealt in.
              (b) \1\ I hereby determine that the making of
            donations of the type specified in section 203(b)(2) of
            IEEPA (50 U.S.C. 1702(b)(2)) by or to persons
            determined to be subject to the sanctions imposed under
            this order would seriously impair the ability to deal
            with the national emergency declared in this order, and
            hereby prohibit such donations as provided in paragraph
            (a) of this section.
              (c) The blocking of property and interests in
            property pursuant to paragraph (a) of this section
            includes, but is not limited to, the prohibition of the
            making or receiving by a United States person of any
            contribution or provision of funds, goods, or services
            to or for the benefit of a person designated in or
            pursuant to paragraph (a) of this section.
        Sec. 2. Any transaction by a United States person that
    evades or avoids, or has the purpose of evading or avoiding, or
    attempts to violate, any of the prohibitions set forth in this
    order is prohibited. Any conspiracy formed to violate the
    prohibitions of this order is prohibited.
        Sec. 3. For the purposes of this order:
              (a) The term ``person'' means an individual or
            entity;
              (b) The term ``entity'' means a partnership,
            association, trust, joint venture, corporation, group,
            subgroup, or other organization; and
              (c) The term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States or any
            jurisdiction within the United States (including
            foreign branches), or any person in the United States.
        Sec. 4. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to me by IEEPA, as may be
    necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government.
    All agencies of the United States Government are hereby
    directed to take all appropriate measures within their
    authority to carry out the provisions of this order and, where
    appropriate, to advise the Secretary of the Treasury in a
    timely manner of the measures taken.
        Sec. 5. This order is not intended to create, nor does it
    create, any right, benefit, or privilege, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies, officers, or any other person.
        Sec. 6. (a) This order is effective at 12:01 eastern
    daylight time on June 27, 2001;
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
        Sec. 7.\3\ For those persons listed in the Annex to this
    order or determined to be subject to the sanctions imposed
    under this order who might have a constitutional presence in
    the United States, I have determined that, because of the
    ability to transfer funds or assets instantaneously, prior
    notice to such persons of measures to be taken pursuant to this
    order would render these measures ineffectual. I therefore
    determine that for these measures to be effective in addressing
    the national emergency declared in this order, there need be no
    prior notice of a listing or determination made pursuant to
    this order.
    ---------------------------------------------------------------------------
        \3\ Sec. 4 of Executive Order 13304 (68 F.R. 32315) added secs. 7
    and 8.
    ---------------------------------------------------------------------------
        Sec. 8.\3\ The Secretary of the Treasury, in consultation
    with the Secretary of State, is authorized to determine,
    subsequent to the issuance of this order, that circumstances no
    longer warrant inclusion of a person in the Annex to this order
    and that such person is therefore no longer covered within the
    scope of the sanctions set forth herein. Such a determination
    shall become effective upon publication in the Federal
    Register.
        s. Prohibiting Certain Transactions With Respect to Rwanda and
        Delegating Authority With Respect to Other United Nations Arms
                                   Embargoes

    Executive Order 12918, May 26, 1994, 59 F.R. 28205, 22 U.S.C. 287c note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 5 of the United Nations Participation Act of
    1945, as amended (22 U.S.C. 287c), the Export Administration
    Act of 1979 (50 U.S.C. App. 2401 et seq.), the Arms Export
    Control Act (22 U.S.C. 2751 et seq.), and section 301 of title
    3, United States Code, and in view of United Nations Security
    Council Resolution 918 of May 17, 1994, it is hereby ordered as
    follows: \1\
    ---------------------------------------------------------------------------
        \1\ The Department of State suspended all licenses and other
    approvals to export or otherwise transfer defense articles or defense
    services to Rwanda, pursuant to secs. 38 and 42 of the AECA, on May 27,
    1994 (Public Notice 2016; 59 F.R. 28583). Subsequently, the Department
    of State amended the International Traffic in Arms Regulations (22 CFR
    parts 120-130) to include Rwanda (Public Notice 2050; 59 F.R. 42158).
    ---------------------------------------------------------------------------
        Section 1. Arms Embargo. The following activities are
    prohibited, notwithstanding the existence of any rights or
    obligations conferred or imposed by any international agreement
    or any contract entered into or any license or permit granted
    before the effective date of this order, except to the extent
    provided in regulations, orders, directives, or licenses that
    may hereafter be issued pursuant to this order: (a) The sale or
    supply to Rwanda from the territory of the United States by any
    person, or by any United States person in any foreign country
    or other location, or using any U.S.-registered vessel or
    aircraft, of arms and related materiel of all types, including
    weapons and ammunition, military vehicles and equipment,
    paramilitary police equipment, and spare parts for the
    aforementioned, irrespective of origin. This prohibition does
    not apply to activities related to the United Nations
    Assistance Mission for Rwanda or the United Nations Observer
    Mission Uganda-Rwanda or other entities permitted to have such
    items by the United Nations Security Council; and
        (b) Any willful evasion or attempt to violate or evade any
    of the prohibitions set forth in this order, by any person.
        Sec. 2. Definitions. For purposes of this order, the term:
    (a) ``Person'' means a natural person as well as a corporation,
    business association, partnership, society, trust, or any other
    entity, organization or group, including governmental entities;
    and
        (b) ``United States person'' means any citizen or national
    of the United States, any lawful permanent resident of the
    United States, or any corporation, business association,
    partnership, society, trust, or any other entity, organization
    or group, including governmental entities, organized under the
    laws of the United States (including foreign branches).
        Sec. 3. Responsibilities. The functions and
    responsibilities for the enforcement of the foregoing
    prohibitions are delegated as follows: (a) The Secretary of
    State is hereby authorized to take such actions, including the
    promulgation of rules and regulations, and to employ all powers
    granted to the President by section 5 of the United Nations
    Participation Act and other authorizes available to the
    Secretary of State, as may be necessary to carry out the
    purpose of this order, relating to arms and related materiel of
    a type enumerated on the United States Munitions List (22
    C.F.R. Part 121). The Secretary of State may redelegate any of
    these functions to other officers and agencies of the United
    States Government; and
        (b) The Secretary of Commerce, in consultation with the
    Secretary of State, is hereby authorized to take such actions,
    including the promulgation of rules and regulations, and to
    employ all powers granted to the President by section 5 of the
    United Nations Participation Act and other authorities
    available to the Secretary of Commerce, as may be necessary to
    carry out the purposes of this order, relating to arms and
    related materiel identified in the Export Administration
    Regulations (15 C.F.R. Parts 730-799). The Secretary of
    Commerce may redelegate any of these functions to other
    officers and agencies of the United States Government.
        Sec. 4. Authorization. All agencies of the United States
    Government are hereby directed to take all appropriate measures
    within their authority to carry out the provisions of this
    order, including suspension or termination of licenses or other
    authorizations in effect as of the date of this order.
        Sec. 5. Delegation of Authority. The Secretary of State and
    the Secretary of Commerce in consultation with the Secretary of
    State are hereby authorized to promulgate rules and
    regulations, and to employ all powers granted to the President
    by section 5 of the United Nations Participation Act and not
    otherwise delegated by Executive order, as may be necessary to
    carry out the purpose of implementing any other arms embargo
    mandated by resolution of the United Nations Security Council,
    consistent with the allocation of functions delegated under
    section 3 of this order. The Secretary of State or the
    Secretary of Commerce may redelegate any of these functions to
    other officers and agencies of the United States Government.
        Sec. 6. Judicial Review. Nothing contained in this order
    shall create any right or benefit, substantive or procedural,
    enforceable by any party against the United States, its
    agencies or instrumentalities, its officers or employees, or
    any other person.
        Sec. 7. Effective Date. This order shall take effect at
    11:59 p.m. eastern daylight time on May 26, 1994.
                 t. Prohibiting Certain Transactions with Sudan

                    (1) Importation of Gum Arabic from Sudan

        Partial text of Public Law 106-476 [H.R. 4868], 114 Stat. 2101,
                           approved November 9, 2000

    AN ACT To amend the Harmonized Tariff Schedule of the United States to
       modify temporarily certain rates of duty, to make other technical
             amendments to the trade laws, and for other purposes.

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

                           TITLE I--TARIFF PROVISIONS

              * * * * * * *

                      Subtitle B--Other Tariff Provisions

              * * * * * * *

                      CHAPTER 4--MISCELLANEOUS PROVISIONS

              * * * * * * *

    SEC. 1464. IMPORTATION OF GUM ARABIC.

      (a) Findings.--The Congress finds the following:
              (1) The Republic of the Sudan produces 60 percent of
            the world's supply of gum arabic in raw form and has a
            virtual monopoly on the world's supply of the highest
            grade of gum arabic.
              (2) The President imposed comprehensive sanctions
            against Sudan on November 3, 1997, under Executive
            Order No. 13067.
              (3) The Secretary of the Treasury, upon
            recommendation of the Secretary of State, has issued
            limited licenses each year since the imposition of
            sanctions against Sudan under Executive Order No. 13067
            to permit United States gum arabic processors to import
            gum arabic in raw form from Sudan due to a lack of
            alternative sources in other countries.
              (4) The United States gum arabic processing industry
            consists of three small companies whose existence is
            threatened by the comprehensive sanctions in effect
            against Sudan.
              (5) The United States gum arabic processing industry
            is working with the United States Agency for
            International Development to develop alternative
            sources of gum arabic in raw form in countries that are
            not subject to sanctions, but alternative sources of
            the highest grade of gum arabic in raw form are not
            currently available.
      (b) License Applications to Import Gum Arabic From Sudan.--
    Notwithstanding any other provision of law, the Secretary of
    the Treasury and the Secretary of State, in consultation with
    the Secretary of Commerce and the heads of other appropriate
    agencies--
              (1) shall consider promptly any license application
            by a United States gum arabic processor to import gum
            arabic in raw form from the Republic of the Sudan; and
              (2) in reviewing such license applications by United
            States gum arabic processors, shall consider whether
            adequate commercial quantities of the highest grade of
            gum arabic in raw form are available from countries not
            subject to United States sanctions in order to allow
            such United States processors of gum arabic to remain
            in business.
      (c) Development of Alternative Sources of Gum Arabic.--The
    President shall utilize such authority as is available to the
    President to promote the development in countries other than
    Sudan of alternative sources of the highest grade of gum arabic
    in raw form of sufficient commercial quality to be utilized in
    products intended for human consumption.
      (d) Definition.--In this section, the term ``gum arabic in
    raw form'' means gum arabic of the type described in
    subheadings 1301.20.00 and 1301.90.90 of the Harmonized Tariff
    Schedule of the United States.
    (2) Blocking Sudanese Government Property and Prohibiting Transactions
                                   with Sudan

    Executive Order 13067, November 3, 1997, 62 F.R. 59989, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code;
        I, WILLIAM J. CLINTON, President of the United States of
    America, find that the policies and actions of the Government
    of Sudan, including continued support for international
    terrorism; ongoing efforts to destabilize neighboring
    governments; and the prevalence of human rights violations,
    including slavery and the denial of religious freedom,
    constitute an unusual and extraordinary threat to the national
    security and foreign policy of the United States, and hereby
    declare a national emergency \1\ to deal with that threat. I
    hereby order:
    ---------------------------------------------------------------------------
        \1\ The national emergency with respect to Sudan was continued in
    Presidential notices of October 27, 1998 (63 F.R. 58617); October 29,
    1999 (64 F.R. 59105); October 31, 2000 (65 F.R. 66161); October 31,
    2001 (66 F.R. 55867); October 31, 2002 (67 F.R. 66523); October 29,
    2003 (68 F.R. 62211); November 1, 2004 (69 F.R. 63915); and November 1,
    2005 (70 F.R. 66745).
    ---------------------------------------------------------------------------
        Section 1. Except to the extent provided in section 203(b)
    of IEEPA (50 U.S.C. 1702(b)) and in regulations, orders,
    directives, or licenses that may be issued pursuant to this
    order, all property and interests in property of the Government
    of Sudan that are in the United States, that hereafter come
    within the United States, or that hereafter come within the
    possession or control of United States persons, including their
    overseas branches, are blocked.
        Sec. 2. The following are prohibited, except to the extent
    provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) and in
    regulations, orders, directives, or licenses that may be issued
    pursuant to this order:
              (a) the importation into the United States of any
            goods or services of Sudanese origin, other than
            information or informational materials;
              (b) the exportation or reexportation, directly or
            indirectly, to Sudan of any goods, technology
            (including technical data, software, or other
            information), or services from the United States or by
            a United States person, wherever located, or requiring
            the issuance of a license by a Federal agency, except
            for donations of articles intended to relieve human
            suffering, such as food, clothing, and medicine;
              (c) the facilitation by a United States person,
            including but not limited to brokering activities, of
            the exportation or reexportation of goods, technology,
            or services from Sudan to any destination, or to Sudan
            from any location;
              (d) the performance by any United States person of
            any contract, including a financing contract, in
            support of an industrial, commercial, public utility,
            or governmental project in Sudan;
              (e) the grant or extension of credits or loans by any
            United States person to the Government of Sudan;
              (f) any transaction by a United States person
            relating to transportation of cargo to or from Sudan;
            the provision of transportation of cargo to or from the
            United States by any Sudanese person or any vessel or
            aircraft of Sudanese registration; or the sale in the
            United States by any person holding authority under
            subtitle 7 of title 49, United States Code, of any
            transportation of cargo by air that includes any stop
            in Sudan; and
              (g) any transaction by any United States person or
            within the United States that evades or avoids, or has
            the purpose of evading or avoiding, or attempts to
            violate, any of the prohibitions set forth in this
            order.
        Sec. 3. Nothing in this order shall prohibit:
              (a) transactions for the conduct of the official
            business of the Federal Government or the United
            Nations by employees thereof; or
              (b) transactions in Sudan for journalistic activity
            by persons regularly employed in such capacity by a
            news-gathering organization.
        Sec. 4. For the purposes of this order:
              (a) the term ``person'' means an individual or
            entity;
              (b) the term ``entity'' means a partnership,
            association, trust, joint venture, corporation, or
            other organization;
              (c) the term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States
            (including foreign branches), or any person in the
            United States; and
              (d) the term ``Government of Sudan'' includes the
            Government of Sudan, its agencies, instrumentalities
            and controlled entities, and the Central Bank of Sudan.
        Sec. 5. The Secretary of the Treasury, in consultation with
    the Secretary of State and, as appropriate, other agencies, is
    hereby authorized to take such actions, including the
    promulgation of rules and regulations, and to employ all powers
    granted to me by IEEPA, as may be necessary to carry out the
    purposes of this order. The Secretary of the Treasury may
    redelegate any of these functions to other officers and
    agencies of the United States Government. All agencies of the
    United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order.
        Sec. 6. Nothing contained in this order shall create any
    right or benefit, substantive or procedural, enforceable by any
    party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other
    person.
        Sec. 7. (a) This order shall take effect at 12:01 a.m.
    eastern standard time on November 4, 1997, except that trade
    transactions under contracts in force as of the effective date
    of this order may be performed pursuant to their terms through
    12:01 a.m. eastern standard time on December 4, 1997, and
    letters of credit and other financing agreements for such
    underlying trade transactions may be performed pursuant to
    their terms.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
       u. Blocking Property of the Government of the Russian Federation
     Relating to the Disposition of Highly Enriched Uranium Extracted from
                                Nuclear Weapons

      Executive Order 13159, June 24, 2000, 65 F.R. 39279, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act
    (IEEPA) (50 U.S.C. 1701 et seq.), the National Emergencies Act
    (50 U.S.C. 1601 et seq.), and section 301 of title 3, United
    States Code.
        I, WILLIAM J. CLINTON, President of the United States of
    America, in view of the policies underlying Executive Order
    12938 of November 14, 1994, and Executive Order 13085 of May
    26, 1998, find that the risk of nuclear proliferation created
    by the accumulation of a large volume of weapons-usable fissile
    material in the territory of the Russian Federation constitutes
    an unusual and extraordinary threat to the national security
    and foreign policy of the United States, and hereby declare a
    national emergency to deal with that threat, Ihereby order:
        Section 1.\1\ A major national security goal of the United
    States is to ensure that fissile material removed from Russian
    nuclear weapons pursuant to various arms control and
    disarmament agreements is dedicated to peaceful uses, subject
    to transparency measures, and protected from diversion to
    activities of proliferation concern. As reflected in Executive
    Order 13085, the full implementation of the Agreement Between
    the Government of the United States of America and the
    Government of the Russian Federation Concerning the Disposition
    of Highly Enriched Uranium Extracted from Nuclear Weapons,
    dated February 18, 1993, and related contracts and agreements
    (collectively, the ``HEU Agreements'') is essential to the
    attainment of this goal. The HEU Agreements provide for the
    conversion of approximately 500 metric tons of highly enriched
    uranium contained in Russian nuclear weapons into low-enriched
    uranium for use as fuel in commercial nuclear reactors. In
    furtherance of our national security goals, all heads of
    departments and agencies of the United States Government shall
    continue to take all appropriate measures within their
    authority to further the full implementation of the HEU
    Agreements.
    ---------------------------------------------------------------------------
        \1\ The national emergency with respect to the disposition of
    highly enriched uranium from Russia was continued in a notice of the
    President on June 11, 2001 (66 F.R. 32207); June 18, 2002 (67 F.R.
    42179); June 10, 2003 (68 F.R. 35149); June 16, 2004 (69 F.R. 34047);
    and June 17, 2005 (70 F.R. 35507).
        In Executive Order 13313 of July 31, 2003 (68 F.R. 46073), the
    President assigned the function of submitting recurring reports to the
    Congress pursuant to this order to the Secretary of State.
    ---------------------------------------------------------------------------
        Sec. 2. Government of the Russian Federation assets
    directly related to the implementation of the HEU Agreements
    currently may be subject to attachment, judgment, decree, lien,
    execution, garnishment, or other judicial process, thereby
    jeopardizing the full implementation of the HEU Agreements to
    the detriment of U.S. foreign policy. In order to ensure the
    preservation and proper and complete transfer to the Government
    of the Russian Federation of all payments due to it under the
    HEU Agreements, and except to the extent provided in
    regulations, orders, directives, or licenses that may hereafter
    be issued pursuant to this order, all property and interests in
    property of the Government of the Russian Federation directly
    related to the implementation of the HEU Agreements that are in
    the United States, that hereafter come within the United
    States, or that are or hereafter come within the possession or
    control of United States persons, including their overseas
    branches, are hereby blocked and may not be transferred, paid,
    exported, withdrawn, or otherwise dealt in. Unless licensed or
    authorized pursuant to this order, any attachment, judgment,
    decree, lien, execution, garnishment, or other judicial process
    is null and void with respect to any property or interest in
    property blocked pursuant to this order.
        Sec. 3. For the purposes of this order: (a) The term
    ``person'' means an individual or entity;
        (b) The term ``entity'' means a partnership, association,
    trust, joint venture, corporation, or other organization;
        (c) The term ``United States person'' means any United
    States citizen; permanent resident alien; juridical person
    organized under the laws of the United States or any
    jurisdiction within the United States, including foreign
    branches; or any person in the United States; and
        (d) The term ``Government of the Russian Federation'' means
    the Government of the Russian Federation, any political
    subdivision, agency, or instrumentality thereof, and any person
    owned or controlled by, or acting for or on behalf of, the
    Government of the Russian Federation.
        Sec. 4. (a) The Secretary of the Treasury, in consultation
    with the Secretary of State, the Secretary of Energy, and, as
    appropriate, other agencies, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to me by IEEPA, as may be
    necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government.
    All agencies of the United States Government are hereby
    directed to take all appropriate measures within their
    statutory authority to carry out the provisions of this order.
        (b) Nothing contained in this order shall relieve a person
    from any requirement to obtain a license or other authorization
    from any department or agency of the United States Government
    in compliance with applicable laws and regulations subject to
    the jurisdiction of the department or agency.
        Sec. 5. This order is not intended to create, nor does it
    create, any right, benefit, or privilege, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies, officers, or any other person.
        Sec. 6. (a) This order is effective at 12:01 a.m. eastern
    daylight time on June 22, 2000.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
       v. Prohibiting the Importation of Rough Diamonds from Sierra Leone

                          (1) Clean Diamond Trade Act

     Public Law 108-19 [H.R. 1584], 117 Stat. 631, approved April 25, 2003

       AN ACT To implement effective measures to stop trade in conflict
                       diamonds, 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.\1\ SHORT TITLE.

        This Act may be cited as the ``Clean Diamond Trade Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3901 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS.

        Congress finds the following:
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 3901.
    ---------------------------------------------------------------------------
              (1) Funds derived from the sale of rough diamonds are
            being used by rebels and state actors to finance
            military activities, overthrow legitimate governments,
            subvert international efforts to promote peace and
            stability, and commit horrifying atrocities against
            unarmed civilians. During the past decade, more than
            6,500,000 people from Sierra Leone, Angola, and the
            Democratic Republic of the Congo have been driven from
            their homes by wars waged in large part for control of
            diamond mining areas. A million of these are refugees
            eking out a miserable existence in neighboring
            countries, and tens of thousands have fled to the
            United States. Approximately 3,700,000 people have died
            during these wars.
              (2) The countries caught in this fighting are home to
            nearly 70,000,000 people whose societies have been torn
            apart not only by fighting but also by terrible human
            rights violations.
              (3) Human rights and humanitarian advocates, the
            diamond trade as represented by the World Diamond
            Council, and the United States Government have been
            working to block the trade in conflict diamonds. Their
            efforts have helped to build a consensus that action is
            urgently needed to end the trade in conflict diamonds.
              (4) The United Nations Security Council has acted at
            various times under chapter VII of the Charter of the
            United Nations to address threats to international
            peace and security posed by conflicts linked to
            diamonds. Through these actions, it has prohibited all
            states from exporting weapons to certain countries
            affected by such conflicts. It has further required all
            states to prohibit the direct and indirect import of
            rough diamonds from Sierra Leone unless the diamonds
            are controlled under specified certificate of origin
            regimes and to prohibit absolutely the direct and
            indirect import of rough diamonds from Liberia.
              (5) In response, the United States implemented
            sanctions restricting the importation of rough diamonds
            from Sierra Leone to those diamonds accompanied by
            specified certificates of origin and fully prohibiting
            the importation of rough diamonds from Liberia. The
            United States is now taking further action against
            trade in conflict diamonds.
              (6) Without effective action to eliminate trade in
            conflict diamonds, the trade in legitimate diamonds
            faces the threat of a consumer backlash that could
            damage the economies of countries not involved in the
            trade in conflict diamonds and penalize members of the
            legitimate trade and the people they employ. To prevent
            that, South Africa and more than 30 other countries are
            involved in working, through the ``Kimberley Process'',
            toward devising a solution to this problem. As the
            consumer of a majority of the world's supply of
            diamonds, the United States has an obligation to help
            sever the link between diamonds and conflict and press
            for implementation of an effective solution.
              (7) Failure to curtail the trade in conflict diamonds
            or to differentiate between the trade in conflict
            diamonds and the trade in legitimate diamonds could
            have a severe negative impact on the legitimate diamond
            trade in countries such as Botswana, Namibia, South
            Africa, and Tanzania.
              (8) Initiatives of the United States seek to resolve
            the regional conflicts in sub-Saharan Africa which
            facilitate the trade in conflict diamonds.
              (9) The Interlaken Declaration on the Kimberley
            Process Certification Scheme for Rough Diamonds of
            November 5, 2002, states that Participants will ensure
            that measures taken to implement the Kimberley Process
            Certification Scheme for rough Diamonds will be
            consistent with international trade rules.

    SEC. 3.\3\ DEFINITIONS.

        In this Act:
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 3902.
    ---------------------------------------------------------------------------
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Ways and Means and the Committee on
            International Relations of the House of
            Representatives, and the Committee on Finance and the
            Committee on Foreign Relations of the Senate.
              (2) Controlled through the kimberley process
            certification scheme.--An importation or exportation of
            rough diamonds is ``controlled through the Kimberley
            Process Certification Scheme'' if it is an importation
            from the territory of a Participant or exportation to
            the territory of a Participant of rough diamonds that
            is--
                      (A) carried out in accordance with the
                    Kimberley Process Certification Scheme, as set
                    forth in regulations promulgated by the
                    President; or
                      (B) controlled under a system determined by
                    the President to meet substantially the
                    standards, practices, and procedures of the
                    Kimberley Process Certification Scheme.
              (3) Exporting authority.--The term ``exporting
            authority'' means 1 or more entities designated by a
            Participant from whose territory a shipment of rough
            diamonds is being exported as having the authority to
            validate the Kimberley Process Certificate.
              (4) Importing authority.--The term ``importing
            authority'' means 1 or more entities designated by a
            Participant into whose territory a shipment of rough
            diamonds is imported as having the authority to enforce
            the laws and regulations of the Participant regulating
            imports, including the verification of the Kimberley
            Process Certificate accompanying the shipment.
              (5) Kimberley process certificate.--The term
            ``Kimberley Process Certificate'' means a forgery
            resistant document of a Participant that demonstrates
            that an importation or exportation of rough diamonds
            has been controlled through the Kimberley Process
            Certification Scheme and contains the minimum elements
            set forth in Annex I to the Kimberley Process
            Certification Scheme.
              (6) Kimberley process certification scheme.--The term
            ``Kimberley Process Certification Scheme'' means those
            standards, practices, and procedures of the
            international certification scheme for rough diamonds
            presented in the document entitled ``Kimberley Process
            Certification Scheme'' referred to in the Interlaken
            Declaration on the Kimberley Process Certification
            Scheme for Rough Diamonds of November 5, 2002.
              (7) Participant.--The term ``Participant'' means a
            state, customs territory, or regional economic
            integration organization identified by the Secretary of
            State.
              (8) Person.--The term ``person'' means an individual
            or entity.
              (9) Rough diamond.--The term ``rough diamond'' means
            any diamond that is unworked or simply sawn, cleaved,
            or bruted and classifiable under subheading 7102.10,
            7102.21, or 7102.31 of the Harmonized Tariff Schedule
            of the United States.
              (10) United states.--The term ``United States'', when
            used in the geographic sense, means the several States,
            the District of Columbia, and any commonwealth,
            territory, or possession of the United States.
              (11) United states person.--The term ``United States
            person'' means--
                      (A) any United States citizen or any alien
                    admitted for permanent residence into the
                    United States;
                      (B) any entity organized under the laws of
                    the United States or any jurisdiction within
                    the United States (including its foreign
                    branches); and
                      (C) any person in the United States.

    SEC. 4.\4\ MEASURES FOR THE IMPORTATION AND EXPORTATION OF ROUGH
                        DIAMONDS.

        (a) Prohibition.--The President shall prohibit the
    importation into, or exportation from, the United States of any
    rough diamond, from whatever source, that has not been
    controlled through the Kimberley Process Certification Scheme.
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 3903.
    ---------------------------------------------------------------------------
        (b) Waiver.--The President may waive the requirements set
    forth in subsection (a) with respect to a particular country
    for periods of not more than 1 year each, if, with respect to
    each such waiver--
              (1) the President determines and reports to the
            appropriate congressional committees that such country
            is taking effective steps to implement the Kimberley
            Process Certification Scheme; or
              (2) the President determines that the waiver is in
            the national interests of the United States, and
            reports such determination to the appropriate
            congressional committees, together with the reasons
            therefor.

    SEC. 5.\5\ REGULATORY AND OTHER AUTHORITY.

        (a) In General.--The President is authorized to and shall
    as necessary issue such proclamations, regulations, licenses,
    and orders, and conduct such investigations, as may be
    necessary to carry out this Act.
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 3904.
    ---------------------------------------------------------------------------
        (b) Recordkeeping.--Any United States person seeking to
    export from or import into the United States any rough diamonds
    shall keep a full record of, in the form of reports or
    otherwise, complete information relating to any act or
    transaction to which any prohibition imposed under section 4(a)
    applies. The President may require such person to furnish such
    information under oath, including the production of books of
    account, records, contracts, letters, memoranda, or other
    papers, in the custody or control of such person.
        (c) Oversight.--The President shall require the appropriate
    Government agency to conduct annual reviews of the standards,
    practices, and procedures of any entity in the United States
    that issues Kimberley Process Certificates for the exportation
    from the United States of rough diamonds to determine whether
    such standards, practices, and procedures are in accordance
    with the Kimberley Process Certification Scheme. The President
    shall transmit to the appropriate congressional committees a
    report on each annual review under this subsection.

    SEC. 6.\6\ IMPORTING AND EXPORTING AUTHORITIES.

        (a) In the United States.--For purposes of this Act--
    ---------------------------------------------------------------------------
        \6\ 19 U.S.C. 3905.
    ---------------------------------------------------------------------------
              (1) the importing authority shall be the United
            States Bureau of Customs and Border Protection or, in
            the case of a territory or possession of the United
            States with its own customs administration, analogous
            officials; and
              (2) the exporting authority shall be the Bureau of
            the Census.
        (b) Of Other Countries.--The President shall publish in the
    Federal Register a list of all Participants, and all exporting
    authorities and importing authorities of Participants. The
    President shall update the list as necessary.

    SEC. 7.\7\ STATEMENT OF POLICY.

        The Congress supports the policy that the President shall
    take appropriate steps to promote and facilitate the adoption
    by the international community of the Kimberley Process
    Certification Scheme implemented under this Act.
    ---------------------------------------------------------------------------
        \7\ 19 U.S.C. 3906.
    ---------------------------------------------------------------------------

    SEC. 8.\8\ ENFORCEMENT.

        (a) In General.--In addition to the enforcement provisions
    set forth in subsection (b)--
    ---------------------------------------------------------------------------
        \8\ 19 U.S.C. 3907.
    ---------------------------------------------------------------------------
              (1) a civil penalty of not to exceed $10,000 may be
            imposed on any person who violates, or attempts to
            violate, any license, order, or regulation issued under
            this Act; and
              (2) whoever willfully violates, or willfully attempts
            to violate, any license, order, or regulation issued
            under his Act shall, upon conviction, be fined not more
            than $50,000, or, if a natural person, may be
            imprisoned for not more than 10 years, or both; and any
            officer, director, or agent of any corporation who
            willfully participates in such violation may be
            punished by a like fine, imprisonment, or both.
        (b) Import Violations.--Those customs laws of the United
    States, both civil and criminal, including those laws relating
    to seizure and forfeiture, that apply to articles imported in
    violation of such laws shall apply with respect to rough
    diamonds imported in violation of this Act.
        (c) Authority to Enforce.--The United States Bureau of
    Customs and Border Protection and the United States Bureau of
    Immigration and Customs Enforcement are authorized, as
    appropriate, to enforce the provisions of subsection (a) and to
    enforce the laws and regulations governing exports of rough
    diamonds, including with respect to the validation of the
    Kimberley Process Certificate by the exporting authority.

    SEC. 9.\9\ TECHNICAL ASSISTANCE.

        The President may direct the appropriate agencies of the
    United States Government to make available technical assistance
    to countries seeking to implement the Kimberley Process
    Certification Scheme.
    ---------------------------------------------------------------------------
        \9\ 19 U.S.C. 3908.
    ---------------------------------------------------------------------------

    SEC. 10.\10\ SENSE OF CONGRESS.

        (a) Ongoing Process.--It is the sense of the Congress that
    the Kimberley Process Certification Scheme, officially launched
    on January 1, 2003, is an ongoing process. The President should
    work with Participants to strengthen the Kimberley Process
    Certification Scheme through the adoption of measures for the
    sharing of statistics on the production of and trade in rough
    diamonds, and for monitoring the effectiveness of the Kimberley
    Process Certification Scheme in stemming trade in diamonds the
    importation or exportation of which is not controlled through
    the Kimberley Process Certification Scheme.
    ---------------------------------------------------------------------------
        \10\ 19 U.S.C. 3909.
    ---------------------------------------------------------------------------
        (b) Statistics and Reporting.--It is the sense of the
    Congress that under Annex III to the Kimberley Process
    Certification Scheme, Participants recognized that reliable and
    comparable data on the international trade in rough diamonds
    are an essential tool for the effective implementation of the
    Kimberley Process Certification Scheme. Therefore, the
    executive branch should continue to--
              (1) keep and publish statistics on imports and
            exports of rough diamonds under subheadings 7102.10.00,
            7102.21, and 7102.31.00 of the Harmonized Tariff
            Schedule of the United States;
              (2) make these statistics available for analysis by
            interested parties and by Participants; and
              (3) take a leadership role in negotiating a
            standardized methodology among Participants for
            reporting statistics on imports and exports of rough
            diamonds.

    SEC. 11.\11\ KIMBERLEY PROCESS IMPLEMENTATION COORDINATING COMMITTEE.

        The President shall establish a Kimberley Process
    Implementation Coordinating Committee to coordinate the
    implementation of this Act. The Committee shall be composed of
    the following individuals or their designees:
    ---------------------------------------------------------------------------
        \11\ 19 USC 3910.
    ---------------------------------------------------------------------------
              (1) The Secretary of the Treasury and the Secretary
            of State, who shall be co-chairpersons.
              (2) The Secretary of Commerce.
              (3) The United States Trade Representative.
              (4) The Secretary of Homeland Security.
              (5) A representative of any other agency the
            President deems appropriate.

    SEC. 12.\12\ REPORTS.

        (a) Annual Reports.--Not later than 1 year after the date
    of the enactment of this Act and every 12 months thereafter for
    such period as this Act is in effect, the President shall
    transmit to the Congress a report--
    ---------------------------------------------------------------------------
        \12\ 19 U.S.C. 3911.
    ---------------------------------------------------------------------------
              (1) describing actions taken by countries that have
            exported rough diamonds to the United States during the
            preceding 12-month period to control the exportation of
            the diamonds through the Kimberley Process
            Certification Scheme;
              (2) describing whether there is statistical
            information or other evidence that would indicate
            efforts to circumvent the Kimberley Process
            Certification Scheme, including cutting rough diamonds
            for the purpose of circumventing the Kimberley Process
            Certification Scheme;
              (3) identifying each country that, during the
            preceding 12-month period, exported rough diamonds to
            the United States and was exporting rough diamonds not
            controlled through the Kimberley Process Certification
            Scheme, if the failure to do so has significantly
            increased the likelihood that those diamonds not so
            controlled are being imported into the United States;
            and
              (4) identifying any problems or obstacles encountered
            in the implementation of this Act or the Kimberly
            Process Certification Scheme.
        (b) Semiannual Reports.--For each country identified in
    subsection (a)(3), the President, during such period as this
    Act is in effect, shall, every 6 months after the initial
    report in which the country was identified, transmit to the
    Congress a report that explains what actions have been taken by
    the United States or such country since the previous report to
    ensure that diamonds the exportation of which was not
    controlled through the Kimberley Process Certification Scheme
    are not being imported from that country into the United
    States. The requirement to issue a semiannual report with
    respect to a country under this subsection shall remain in
    effect until such time as the country is controlling the
    importation and exportation of rough diamonds through the
    Kimberley Process Certification Scheme.

    SEC. 13.\13\ GAO REPORT.

        Not later than 24 months after the effective date of this
    Act, the Comptroller General of the United States shall
    transmit a report to the Congress on the effectiveness of the
    provisions of this Act in preventing the importation or
    exportation of rough diamonds that is prohibited under section
    4. The Comptroller General shall include in the report any
    recommendations on any modifications to this Act that may be
    necessary.
    ---------------------------------------------------------------------------
        \13\ 19 U.S.C. 3912.
    ---------------------------------------------------------------------------

    SEC. 14.\14\ DELEGATION OF AUTHORITIES.

        The President may delegate the duties and authorities under
    this Act to such officers, officials, departments, or agencies
    of the United States Government as the President deems
    appropriate.
    ---------------------------------------------------------------------------
        \14\ 19 U.S.C. 3913.
    ---------------------------------------------------------------------------

    SEC. 15.\15\ EFFECTIVE DATE.

        This Act shall take effect on the date on which the
    President certifies to the Congress that--
    ---------------------------------------------------------------------------
        \15\ 19 U.S.C. 3901 note.
    ---------------------------------------------------------------------------
              (1) an applicable waiver that has been granted by the
            World Trade Organization is in effect; or
              (2) an applicable decision in a resolution adopted by
            the United Nations Security Council pursuant to Chapter
            VII of the Charter of the United Nations is in effect.
    This Act shall thereafter remain in effect during those periods
    in which, as certified by the President to the Congress, an
    applicable waiver or decision referred to in paragraph (1) or
    (2) is in effect.
                  (2) Implementing the Clean Diamond Trade Act

      Executive Order 13312, July 29, 2003, 68 F.R. 45151; 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Clean Diamond Trade Act (Public Law 108-19) (the
    ``Act''), the International Emergency Economic Powers Act, as
    amended (50 U.S.C. 1701 et seq.), the National Emergencies Act
    (50 U.S.C. 1601 et seq.), section 5 of the United Nations
    Participation Act, as amended (22 U.S.C. 287c), and section 301
    of title 3, United States Code, and in view of the national
    emergency described and declared in Executive Order 13194 of
    January 18, 2001, and expanded in scope in Executive Order
    13213 of May 22, 2001,
        I, GEORGE W. BUSH, President of the United States of
    America, note that, in response to the role played by the
    illicit trade in diamonds in fueling conflict and human rights
    violations in Sierra Leone, the President declared a national
    emergency in Executive Order 13194 and imposed restrictions on
    the importation of rough diamonds into the United States from
    Sierra Leone. I expanded the scope of that emergency in
    Executive Order 13213 and prohibited absolutely the importation
    of rough diamonds from Liberia. I further note that
    representatives of the United States and numerous other
    countries announced in the Interlaken Declaration of November
    5, 2002, the launch of the Kimberley Process Certification
    Scheme (KPCS) for rough diamonds, under which Participants
    prohibit the importation of rough diamonds from, or the
    exportation of rough diamonds to, a non-Participant and require
    that shipments of rough diamonds from or to a Participant be
    controlled through the KPCS. The Clean Diamond Trade Act
    authorizes the President to take steps to implement the KPCS.
    Therefore, in order to implement the Act, to harmonize
    Executive Orders 13194 and 13213 with the Act, to address
    further threats to international peace and security posed by
    the trade in conflict diamonds, and to avoid undermining the
    legitimate diamond trade, it is hereby ordered as follows:
        Section 1. Prohibitions. Notwithstanding the existence of
    any rights or obligations conferred or imposed by any contract
    entered into or any license or permit granted prior to July 30,
    2003, the following are, except to the extent a waiver issued
    under section 4(b) of the Act applies, prohibited:
              (a) the importation into, or exportation from, the
            United States on or after July 30, 2003, of any rough
            diamond, from whatever source, unless the rough diamond
            has been controlled through the KPCS;
              (b) any transaction by a United States person
            anywhere, or any transaction that occurs in whole or in
            part within the United States, that evades or avoids,
            or has the purpose of evading or avoiding, or attempts
            to violate, any of the prohibitions set forth in this
            section; and
              (c) any conspiracy formed to violate any of the
            prohibitions of this section.
        Sec. 2. Assignment of Functions. (a) The functions of the
    President under the Act are assigned as follows:
              (i) sections 4(b), 5(c), 6(b), 11, and 12 to the
            Secretary of State; and
              (ii) sections 5(a) and 5(b) to the Secretary of the
            Treasury.
        (b) The Secretary of State and the Secretary of the
    Treasury may reassign any of these functions to other officers,
    officials, departments, and agencies within the executive
    branch, consistent with applicable law.
        (c) In performing the function of the President under
    section 11 of the Act, the Secretary of State shall establish
    the coordinating committee as part of the Department of State
    for administrative purposes only, and shall, consistent with
    applicable law, provide administrative support to the
    coordinating committee. In the performance of functions
    assigned by subsection 2(a) of this order or by the Act, the
    Secretary of State, the Secretary of the Treasury, and the
    Secretary of Homeland Security shall consult the coordinating
    committee, as appropriate.
        Sec. 3. Amendments to Related Executive Orders.\1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 3 amended Executive Order 13194 (66 F.R. 7389) that
    declared a national emergency with respect to Sierra Leone, and
    Executive Order 13213 (66 F.R. 28827) that expanded that emergency with
    respect to Liberia. Subsequently, Executive Order 13324 (69 F.R. 2823)
    revoked Executive Order 13194 and Executive Order 13213.
    ---------------------------------------------------------------------------
        Sec. 4. Definitions. For the purposes of this order and
    Executive Order 13194, the definitions set forth in section 3
    of the Act shall apply, and the term ``Kimberley Process
    Certification Scheme'' shall not be construed to include any
    changes to the KPCS after April 25, 2003.
        Sec. 5. General Provisions. This order is not intended to,
    and does not, create any right or benefit, substantive or
    procedural, enforceable at law or in equity by any party
    against the United States, its departments, agencies,
    instrumentalities or entities, its officers or employees, or
    any other person.
        Sec. 6. Effective Date and Transmittal. (a) Sections 1 and
    3 of this order are effective at 12:01 a.m. eastern daylight
    time on July 30, 2003. The remaining provisions of this order
    are effective immediately.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.

              Note.--Executive Order 13324 of January 15, 2004 (69
            F.R. 2823) terminated the national emergency declared
            in Executive Order 13194 of January 18, 2001 (66 F.R.
            7389) regarding Sierra Leone and the expansion of that
            emergency declared in Executive Order 13213 of May 22,
            2001 (66 F.R. 28827) regarding Liberia. Executive Order
            13324 further revoked Executive Order 13194 and
            Executive Order 13213.

         (w) Blocking Property of Certain Persons and Prohibiting the
                   Importation of Certain Goods from Liberia

      Executive Order 13348, July 22, 2004, 69 F.R. 44885, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations
    Participation Act, as amended (22 U.S.C. 287c) (UNPA), and
    section 301 of title 3, United States Code, and in view of
    United Nations Security Council Resolutions 1521 of December
    22, 2003, and 1532 of March 12, 2004,
        I, GEORGE W. BUSH, President of the United States of
    America, note that the actions and policies of former Liberian
    President Charles Taylor and other persons, in particular their
    unlawful depletion of Liberian resources and their removal from
    Liberia and secreting of Liberian funds and property, have
    undermined Liberia's transition to democracy and the orderly
    development of its political, administrative, and economic
    institutions and resources. I further note that the
    Comprehensive Peace Agreement signed on August 18, 2003, and
    the related ceasefire have not yet been universally implemented
    throughout Liberia, and that the illicit trade in round logs
    and timber products is linked to the proliferation of and
    trafficking in illegal arms, which perpetuate the Liberian
    conflict and fuel and exacerbate other conflicts throughout
    West Africa. I find that the actions, policies, and
    circumstances described above constitute an unusual and
    extraordinary threat to the foreign policy of the United States
    and hereby declare a national emergency to deal with that
    threat.\1\ To address that threat, I hereby order:
    ---------------------------------------------------------------------------
        \1\ The national emergency with respect to Liberia was continued by
    Presidential Notice on July 19, 2005 (70 F.R. 41935).
    ---------------------------------------------------------------------------
        Section 1. (a) Except to the extent provided in section
    203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
    and (4)), or regulations, orders, directives, or licenses that
    may be issued pursuant to this order, and notwithstanding any
    contract entered into or any license or permit granted prior to
    the effective date of this order, all property and interests in
    property of the following persons, that are in the United
    States, that hereafter come within the United States, or that
    are or hereafter come within the possession or control of
    United States persons, are blocked and may not be transferred,
    paid, exported, withdrawn, or otherwise dealt in:
              (i) the persons listed in the Annex to this order;
            and
              (ii) any person determined by the Secretary of the
            Treasury, in consultation with the Secretary of State:
                      (A) to be or have been an immediate family
                    member of Charles Taylor;
                      (B) to have been a senior official of the
                    former Liberian regime headed by Charles Taylor
                    or otherwise to have been or be a close ally or
                    associate of Charles Taylor or the former
                    Liberian regime;
                      (C) to have materially assisted, sponsored,
                    or provided financial, material, or
                    technological support for, or goods or services
                    in support of, the unlawful depletion of
                    Liberian resources, the removal of Liberian
                    resources from that country, and the secreting
                    of Liberian funds and property by any person
                    whose property and interests in property are
                    blocked pursuant to this order; or
                      (D) to be owned or controlled by, or acting
                    or purporting to act for or on behalf of,
                    directly or indirectly, any person whose
                    property and interests in property are blocked
                    pursuant to this order.
        (b) I hereby determine that the making of donations of the
    type of articles specified in section 203(b)(2) of IEEPA (50
    U.S.C. 1702(b)(2)) by, to, or for the benefit of, any person
    whose property or interests in property are blocked pursuant to
    paragraph (a) of this section would seriously impair my ability
    to deal with the national emergency declared in this order, and
    I hereby prohibit such donations as provided by paragraph (a)
    of this section.
        (c) The prohibitions in paragraph (a) of this section
    include, but are not limited to,
              (i) the making of any contribution or provision of
            funds, goods, or services by, to, or for the benefit
            of, any person whose property or interests in property
            are blocked pursuant to this order, and
              (ii) the receipt of any contribution or provision of
            funds, goods, or services from any such person.
        Sec. 2. Except to the extent provided in regulations,
    orders, directives, or licenses that may be issued pursuant to
    this order, and notwithstanding any contract entered into or
    any license or permit granted prior to the effective date of
    this order, the direct or indirect importation into the United
    States of any round log or timber product originating in
    Liberia is prohibited.
        Sec. 3. (a) Any transaction by a United States person or
    within the United States that evades or avoids, has the purpose
    of evading or avoiding, or attempts to violate any of the
    prohibitions set forth in this order is prohibited.
        (b) Any conspiracy formed to violate any of the
    prohibitions set forth in this order is prohibited.
        Sec. 4. For purposes of this order: (a) the term ``person''
    means an individual or entity;
        (b) the term ``entity'' means a partnership, association,
    trust, joint venture, corporation, group, subgroup, or other
    organization;
        (c) the term ``United States person'' means any United
    States citizen, permanent resident alien, entity organized
    under the laws of the United States or any jurisdiction within
    the United States (including foreign branches), or any person
    in the United States; and
        (d) the term ``round log or timber product'' means any
    product classifiable in Chapter 44 of the Harmonized Tariff
    Schedule of the United States.
        Sec. 5. For those persons whose property and interests in
    property are blocked pursuant to section 1 of this order who
    might have a constitutional presence in the United States, I
    find that because of the ability to transfer funds or other
    assets instantaneously, prior notice to such persons of
    measures to be taken pursuant to this order would render these
    measures ineffectual. I therefore determine that for these
    measures to be effective in addressing the national emergency
    declared in this order, there need be no prior notice of a
    listing or determination made pursuant to section 1 of this
    order.
        Sec. 6. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA and
    UNPA as may be necessary to carry out the purposes of this
    order. The Secretary of the Treasury may redelegate any of
    these functions to other officers and agencies of the United
    States Government, consistent with applicable law. All agencies
    of the United States Government are hereby directed to take all
    appropriate measures within their authority to carry out the
    provisions of this order and, where appropriate, to advise the
    Secretary of the Treasury in a timely manner of the measures
    taken.
        Sec. 7. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to submit the
    recurring and final reports to the Congress on the national
    emergency declared in this order, consistent with section
    401(c) of NEA, 50 U.S.C. 1641(c), and section 204(c) of IEEPA,
    50 U.S.C. 1703(c).
        Sec. 8. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to determine,
    subsequent to the issuance of this order, that circumstances no
    longer warrant the inclusion of a person in the Annex to this
    order and that the property and interests in property of that
    person are therefore no longer blocked pursuant to section 1 of
    this order.
        Sec. 9. This order is not intended to, and does not, create
    any right or benefit, substantive or procedural, enforceable at
    law or in equity by any party against the United States, its
    departments, agencies, instrumentalities, or entities, its
    officers or employees, or any other person.
        Sec. 10. This order is effective at 12:01 a.m. eastern
    daylight time on July 23, 2004.
        Sec. 11. This order shall be transmitted to the Congress
    and published in the Federal Register.
     (x) Blocking Property of Persons Undermining Democratic Processes or
                            Institutions in Zimbabwe

      Executive Order 13288, March 6, 2003, 68 F.R. 11457, 50 U.S.C. 1701
     note; as amended by Executive Order 13391, November 22, 2005, 70 F.R.
                                     71201

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code,
        I, GEORGE W. BUSH, President of the United States of
    America, have determined that the actions and policies of
    certain members of the Government of Zimbabwe and other persons
    to undermine Zimbabwe's democratic processes or institutions,
    contributing to the deliberate breakdown in the rule of law in
    Zimbabwe, to politically motivated violence and intimidation in
    that country, and to political and economic instability in the
    southern African region, constitute an unusual and
    extraordinary threat to the foreign policy of the United
    States, and I hereby declare a national emergency to deal with
    that threat.\1\
    ---------------------------------------------------------------------------
        \1\ The national emergency with respect to Zimbabwe was continued
    by Presidential Notice on March 2, 2004 (69 F.R. 10313) and on March 2,
    2005 (70 F.R. 19859).
    ---------------------------------------------------------------------------
        I hereby order:
        Section 1.\2\ (a) Except to the extent provided in section
    203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
    and (4)), and in regulations, orders, directives, or licenses
    that may be issued pursuant to this order, and notwithstanding
    any contract entered into or any license or permit granted
    prior to the effective date of this order, all property and
    interests in property of the following persons, that are in the
    United States, that hereafter come within the United States, or
    that are or hereafter come within the possession or control of
    United States persons, including their overseas branches, are
    blocked and may not be transferred, paid, exported, withdrawn,
    or otherwise dealt in:
    ---------------------------------------------------------------------------
        \2\ Sec. 2 of Executive Order 13391 (70 F.R. 71201) redesignated
    sec. 6 as sec. 8, struck out secs. 1 through 5, and inserted in lieu
    thereof new secs. 1 though 7.
    ---------------------------------------------------------------------------
              (i) the persons listed in the Annex to this order;
            and
              (ii) any person determined by the Secretary of the
            Treasury, in consultation with the Secretary of State:
                      (A) to have engaged in actions or policies to
                    undermine Zimbabwe's democratic processes or
                    institutions;
                      (B) to have materially assisted, sponsored,
                    or provided financial, material, or
                    technological support for, or goods or services
                    in support of, such actions or policies or any
                    person whose property and interests in property
                    are blocked pursuant to this order;
                      (C) to be or have been an immediate family
                    member of any person whose property and
                    interests in property are blocked pursuant to
                    this order; or
                      (D) to be owned or controlled by, or acting
                    or purporting to act for or on behalf of,
                    directly or indirectly, any person whose
                    property and interests in property are blocked
                    pursuant to this order.
        (b) I hereby determine that the making of donations of the
    type of articles specified in section 203(b)(2) of IEEPA (50
    U.S.C. 1702(b)(2)) by, to, or for the benefit of any person
    whose property and interests in property are blocked pursuant
    to paragraph (a) of this section would seriously impair my
    ability to deal with the national emergency declared in this
    order, and I hereby prohibit such donations as provided by
    paragraph (a) of this section.
        (c) The prohibitions in paragraph (a) of this section
    include but are not limited to (i) the making of any
    contribution or provision of funds, goods, or services by, to,
    or for the benefit of any person whose property and interests
    in property are blocked pursuant to this order, and (ii) the
    receipt of any contribution or provision of funds, goods, or
    services from any such person.
        Sec. 2.\2\ (a) Any transaction by a United States person or
    within the United States that evades or avoids, has the purpose
    of evading or avoiding, or attempts to violate any of the
    prohibitions set forth in this order is prohibited.
        (b) Any conspiracy formed to violate any of the
    prohibitions set forth in this order is prohibited.
        Sec. 3.\2\ For the purposes of this order:
              (a) the term ``person'' means an individual or
            entity;
              (b) the term ``entity'' means a partnership,
            association, trust, joint venture, corporation, group,
            subgroup, or other organization; and
              (c) the term ``United States person'' means any
            United States citizen, permanent resident alien, entity
            organized under the laws of the United States or any
            jurisdiction within the United States (including
            foreign branches), or any person in the United States.
        Sec. 4.\2\ For those persons whose property and interests
    in property are blocked pursuant to this order who might have a
    constitutional presence in the United States, I find that,
    because of the ability to transfer funds or other assets
    instantaneously, prior notice to such persons of measures to be
    taken pursuant to this order would render these measures
    ineffectual. I therefore determine that, for these measures to
    be effective in addressing the national emergency declared in
    this order, there need be no prior notice of a listing or
    determination made pursuant to section 1(a) of this order.
        Sec. 5.\2\ The Secretary of the Treasury, in consultation
    with the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA, as
    may be necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government,
    consistent with applicable law. All agencies of the United
    States Government are hereby directed to take all appropriate
    measures within their authority to carry out the provisions of
    this order and, where appropriate, to advise the Secretary of
    the Treasury in a timely manner of the measures taken.
        Sec. 6.\2\ The Secretary of the Treasury, in consultation
    with the Secretary of State, is hereby authorized to determine,
    subsequent to the issuance of this order, that circumstances no
    longer warrant the inclusion of a person in the Annex to this
    order and that the property and interests in property of that
    person are therefore no longer blocked pursuant to section 1(a)
    of this order.
        Sec. 7.\2\ This order is not intended to create, nor does
    it create, any right, benefit, or privilege, substantive or
    procedural, enforceable at law or in equity by any party
    against the United States, its departments, agencies,
    instrumentalities, or entities, its officers or employees, or
    any other person.
        Sec. 8.\2\ (a) This order is effective at 12:01 eastern
    standard time on March 7, 2003; and
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
      6. Johnson Act--Financial Transactions With Foreign Governments \1\

     Partial text of Public Law 80-772 [H.R. 3190], 62 Stat. 744, approved
    June 25, 1948; amended by Public Law 103-322 [Violent Crime Control and
       Law Enforcement Act of 1994; H.R. 3355], 108 Stat. 1796, approved
                               September 13, 1994

              * * * * * * *
        Whoever, within the United States, purchases or sells the
    bonds, securities, or other obligations of any foreign
    government or political subdivision thereof or any organization
    or association acting for or on behalf of a foreign government
    or political subdivision thereof, issued after April 13, 1934,
    or makes any loan to such foreign government, political
    subdivision, organization or association, except a renewal or
    adjustment of existing indebtedness, while such government,
    political subdivision, organization or association, is in
    default in the payment of its obligations, or any part thereof,
    to the United States, shall be fined under this title \2\ or
    imprisoned for not more than five years, or both.
    ---------------------------------------------------------------------------
        \1\ 18 U.S.C. 955. For text of Foreign Agents Registration Act of
    1938, as amended (Public Law 75-583), see Legislation on Foreign
    Relations Through 2005, vol. IV, sec. N.
        For text of Logan Act--Private correspondence with foreign
    governments (Public Law 80-772), see Legislation on Foreign Relations
    Through 2005, vol. IV, sec. N.
        Sec. 902 of the FREEDOM Support Act (Public Law 102-511; 106 Stat.
    3355) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 902. johnson act.
    ---------------------------------------------------------------------------

        ``Section 955 of title 18, United States Code, shall not apply with
    respect to any obligations of the former Soviet Union, or any of the
    independent states of the former Soviet Union, or any political
    subdivision, organization, or association thereof.''.
        \2\ Sec. 330016(1)(L) of Public Law 103-322 (108 Stat. 2147) struck
    out ``not more than $10,000'' and inserted in lieu thereof ``under this
    title''.
    ---------------------------------------------------------------------------
        This section is applicable to individuals, partnerships,
    corporations, or associations other than public corporations
    created by or pursuant to special authorizations of Congress,
    or corporations in which the United States has or exercises a
    controlling interest through stock ownership or otherwise.
    While any foreign government is a member both of the
    International Monetary Fund and of the International Bank for
    Reconstruction and Development, this section shall not apply to
    the sale or purchase of bonds, securities, or other obligations
    of such government or any political subdivision thereof or of
    any organization or association acting for or on behalf of such
    government or political subdivision, or to making of any loan
    to such government, political subdivision, organization, or
    association.
              * * * * * * *
                   7. Foreign Investment in the United States

                    a. Foreign Investment Study Act of 1974

     Public Law 93-479 [S. 2840], 88 Stat. 1450, approved October 26, 1974
                                      \1\

    AN ACT To authorize the Secretary of Commerce and the Secretary of the
    Treasury to conduct a study of foreign direct and portfolio investment
                 in 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, That this
    Act may be cited as the ``Foreign Investment Study Act of
    1974''.
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 78b note.
    ---------------------------------------------------------------------------
        Sec. 2. The Secretary of the Treasury and the Secretary of
    Commerce are hereby authorized and directed to conduct a
    comprehensive, overall study of foreign direct and portfolio
    investments in the United States.
        Sec. 3. The Departments of Commerce and Treasury, in
    consultation with appropriate agencies, shall determine the
    definitions and limitations of direct and portfolio investments
    for the (purposes of the study authorized in section 2 of this
    Act.
        Sec. 4. In carrying out the study described in section 2 of
    this Act, the Secretary of Commerce and the Secretary of the
    Treasury shall, respectively and jointly as may be
    appropriate--
              (1) identify and collect such information as may be
            required to carry out the study authorized in section 2
            of this Act;
              (2) consult with and secure information from (and
            where appropriate the views of) representatives of
            industry, the financial community, labor, agriculture,
            science and technology, academic institutions, public
            interest organizations, and such other groups as the
            Secretaries deem suitable; and
              (3) consult and cooperate with other government
            agencies, Federal, State, and local, and, to the extent
            appropriate, with foreign governments and international
            organizations.
        Sec. 5. The Secretary of Commerce shall carry out that part
    of the study authorized in section 2 of this Act relating to
    foreign direct investment, and shall, among other things, to
    the extent he determines feasible, specifically--
              (1) investigate and review the nature, scope,
            magnitude, and rate of foreign direct investment
            activities in the United States;
              (2) survey the reasons foreign firms are undertaking
            direct investment in the United States;
              (3) identify the processes and mechanisms through
            which foreign direct investment flows into the United
            States, the financing methods used by foreign direct
            investors, and the effects of such financing on
            American financial markets;
              (4) analyze the scope and significance of foreign
            direct investment in acquisitions and takeovers of
            existing American enterprises, the significance of such
            investments in the form of new facilities or joint
            ventures with American firms, and the effects thereof
            on domestic business competition;
              (5) analyze the concentration and distribution of
            foreign direct investment in specific geographic areas
            and economic sectors;
              (6) analyze the effects of foreign direct investment
            on United States national security, energy, natural
            resources, agriculture, environment, real property
            holdings, balance of payments, balance of trade, the
            United States international economic position, and
            various significant American product markets;
              (7) analyze the effect of foreign direct investment
            in terms of employment opportunities and practices and
            the activities and influence of foreign and American
            management executives employed by foreign firms;
              (8) analyze the effect of Federal, regional, State,
            and local laws, rules, regulations, controls, and
            policies on foreign direct investment activities in the
            United States.
              (9) compare the purpose and effect of United States,
            State, and local laws, rules, regulations, programs,
            and policies on foreign direct investment in the United
            States with laws, rules, regulations, programs, and
            policies of selected nations and areas where such
            comparison may be informative;
              (10) compare and contrast the foreign direct
            investment activities in the United States with the
            investment activities of American investors abroad and
            appraise the impact of such American activities abroad
            on the investment activities and policies of foreign
            firms in the United States;
              (11) study the adequacy of information, disclosure,
            and reporting requirements and procedure;
              (12) determine the effects of variations between
            accounting, financial reporting, and other business
            practices of American and foreign investors on foreign
            investment activities in the United States; and
              (13) study and recommend means whereby information
            and statistics on foreign direct investment activities
            can be kept current.
        Sec. 6. The Secretary of the Treasury shall carry out that
    part of the study authorized in section 2 of this Act relating
    to foreign portfolio investment, and shall, to the extent he
    determines feasible, specifically--
              (1) investigate and review the nature, scope, and
            magnitude of foreign portfolio investment activities in
            the United States;
              (2) survey the reasons for foreign portfolio
            investment in the United States;
              (3) identify the processes and mechanisms through
            which foreign portfolio investment is made in the
            United States, the financing methods used, and the
            effects of foreign portfolio investment on American
            financial markets;
              (4) analyze the effects of foreign portfolio
            investment on the United States balance of payments and
            the United States international investment position;
              (5) study and analyze the concentration and
            distribution of foreign portfolio investment in
            specific United States economic sectors;
              (6) study the effect of Federal securities laws,
            rules, regulations, and policies on foreign portfolio
            investment activities in the United States;
              (7) compare the purpose and effect of United States,
            State, and local laws, rules, regulations, programs,
            and policies on foreign portfolio investment in the
            United States with laws, rules, regulations, programs,
            and policies of selected nations and areas where such
            comparison may be informative;
              (8) compare the foreign portfolio investment
            activities in the United States with information
            available on the portfolio investment activities of
            American investors abroad;
              (9) study adequacy of information, disclosures, and
            reporting requirements and procedures; and
              (10) study and recommend means whereby information
            and statistics on foreign portfolio investment
            activities can be kept current.

                                     powers

        Sec. 7. (a) The Secretary of Commerce and the Secretary of
    the Treasury may each by regulation establish whatever rules
    each deems necessary to carry out each of his functions under
    this Act.
        (b) Each such Secretary may require any person subject to
    the jurisdiction of the United States--
              (1) to maintain a complete record of any information
            (including journals or other books of original entry,
            minute books, stock transfer records, lists of
            shareholders, or financial statements) which such
            Secretary determines is germane to his functions in the
            foreign direct investment and foreign portfolio
            investment studies to be conducted pursuant to this
            Act; and
              (2) to furnish under oath any report containing
            whatever information such Secretary determines is
            necessary to carry out his functions in such studies.
            Whenever an order under clause (2) of this subsection
            requires a person to produce information which can be
            specifically identified as being part of the records of
            its customers, the Secretary shall, upon being provided
            the names and addresses of such customers, send a
            notice to such customers that information from their
            records will be disclosed pursuant to this Act;
            Provided, That this requirement shall not apply when
            such person is directly involved in the ownership or
            management of assets for the customer as nominee,
            agent, partner, fiduciary, trustee, or in a similar
            relationship.
    The authority of each Secretary under this subsection shall
    expire on the date provided under section 10 of this Act for
    the Secretary of Commerce and the Secretary of the Treasury to
    submit a full and complete report to the Congress.
        (c) In addition to the Secretary of Commerce and the
    Secretary of the Treasury, the only individuals who may have
    access to information furnished under subsection (b)(2) are
    those sworn employees, including consultants, of the Department
    of Commerce or Department of the Treasury designated by the
    Secretary of either such Department. Neither such Secretary nor
    any such employee may--
              (1) use any information furnished under subsection
            (b)(2) except for analytical or statistical purposes
            with the United States Government; or
              (2) publish, or make available to any other person in
            any manner, any such information in a manner that the
            information furnished under subsection (b)(2) by any
            person can be specifically identified, except for the
            purposes of a proceeding under section 8.
    Such Secretaries may exchange any such information furnished
    under subsection (b)(2) in order to prevent any duplication or
    omission in the studies conducted by each such Secretary
    pursuant to this Act.
        (d) Except for the requirement under subsection (b)(2), no
    agency of the United States or employee thereof may compel (1)
    the Secretary of Commerce or the Secretary of the Treasury, (2)
    any individual designated by either such Secretary under the
    first sentence of subsection (c), or (3) any person which
    maintained or furnished any report under subsection (b), to
    submit any such report or constituent part thereof to that
    agency or any other agency of the United States. Without the
    prior written consent of the person which maintained or
    furnished any report under subsection (b) and without the prior
    written consent of the customer, where the person maintained or
    furnished any such report which included information
    identifiable as being derived from the records of such
    customer, such report or any such constituent part may not be
    produced for any judicial or administrative proceeding, except
    for a proceeding under section 8(b) of this Act.

                                  enforcement

        Sec. 8. (a) Whoever fails to furnish any information
    required pursuant to the authority of this Act, whether
    required to be furnished in the form of a report or otherwise,
    or to comply with any rule, regulation, order, or instruction
    promulgated pursuant to the authority of this Act may be
    assessed a civil penalty not exceeding $10,000 in a proceeding
    brought under subsection (b) of this section.
        (b) Whenever it appears to either the Secretary of the
    Treasury or the Secretary of Commerce that any person has
    failed to furnish any information required pursuant to the
    provisions of this Act, whether required to be furnished in the
    form of a report or otherwise, or has failed to comply with any
    rule, regulation, order, or instruction promulgated pursuant to
    the authority of this Act, such Secretary may in his discretion
    bring an action, in the proper district court of the United
    States or the proper United States court of any territory or
    other place subject to the jurisdiction of the United States,
    seeking a mandatory injunction commanding such person to comply
    with such rule, regulation, order, or instruction, and upon a
    proper showing by such Secretary of the relevance to the
    purposes of the Act of such rule, regulation, order, or
    instruction, a permanent or temporary injunction or restraining
    order shall be granted without bond, and such person, may also
    be subject to the civil penalty provided in subsection (a) of
    this section if the judge finds that such penalty is necessary
    to obtain compliance with such injunction or restraining order.
        (c) Whoever willfully fails to submit any information
    required pursuant to this Act, whether required to be furnished
    in the form of a report or otherwise, or willfully violates any
    rule, regulation, order, or instruction promulgated pursuant to
    the authority of this Act shall, upon conviction, be fined not
    more than $10,000 or, if a natural person, may be imprisoned
    for not more than one year or both; and any officer, director,
    or agent of any corporation who knowingly participates in such
    violation may be punished by a like fine, imprisonment, or
    both.
        Sec. 9. (a) The Secretary of Commerce and the Secretary of
    the Treasury may procure the temporary or intermittent services
    of experts and consultants in accordance with the provisions of
    section 3109 of title 5, United States Code. Persons so
    employed shall receive compensation at a rate to be fixed by
    the Secretaries concerned but not in excess of the maximum
    amount payable under such section. While away from his home or
    regular place of business and engaged in the performance of
    services for the Department of Commerce or the Department of
    the Treasury in conjunction with the provisions of this Act,
    any such person may be allowed travel expenses, including per
    diem in lieu of subsistence, as authorized by section 5703(b)
    of title 5, United States Code, for persons in the Government
    service employed intermittently.
        (b) The Secretary of Commerce and the Secretary of the
    Treasury are authorized, on a reimbursable basis when
    appropriate, to use the available services, equipment,
    personnel, and facilities of any agency or instrumentality of
    the Federal Government in conjunction with the study authorized
    in this Act.
        Sec. 10. The Secretary of Commerce and the Secretary of the
    Treasury shall submit to the Congress an interim report twelve
    months after the date of enactment of this Act, and not later
    than one and one-half years after enactment of this Act, a full
    and complete report of the findings made under the study
    authorized by this Act, together with such recommendations as
    they consider appropriate.
        Sec. 11. There is authorized to be appropriated a sum not
    to exceed $3,000,000 to carry out the purposes of this Act. Any
    funds so appropriated shall remain available until expended.
          b. International Investment and Trade in Services Survey Act

    Public Law 94-472 [S. 2839], 90 Stat. 2059, approved October 11, 1976;
       as amended by Public Law 95-381 [S. 2028], 92 Stat. 726, approved
      September 22, 1978; Public Law 96-72 [Export Administration Act of
     1979; S. 737], 93 Stat. 503, approved September 29, 1979; Public Law
     97-33 [S. 1104], 95 Stat. 170, approved August 7, 1981; Public Law 97-
     70 [S. 1687], 95 Stat. 1045, approved October 26, 1981; Public Law 98-
    573 [Trade and Tariff Act of 1984; H.R. 3398], 98 Stat. 2948, approved
    October 30, 1984; and Public Law 101-533 [Foreign Direct Investment and
     International Financial Data Improvements Act of 1990; S. 2516], 104
                     Stat. 2344, approved November 7, 1990

    AN ACT To supplement the authority of the President to collect regular
             and periodic information on international investment.

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

                                  short title

        Section 1. This Act may be cited as the ``International
    Investment and Trade in Services Survey Act''.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 306(b)(1) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3009) redesignated this Act
    as the ``International Investment and Trade in Services Survey Act''.
    ---------------------------------------------------------------------------

                              findings and purpose

        Sec. 2.\2\ (a) The Congress finds and declares that--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 3101.
    ---------------------------------------------------------------------------
              (1) the United States Government is presently
            authorized to collect limited amounts of information on
            United States investment abroad and foreign investment
            in the United States.
              (2) international investment has increased rapidly
            within recent years;
              (3) such investment significantly affects the
            economies of the United States and other nations;
              (4) international efforts to obtain information on
            the activities of multinational enterprises and other
            international investors have accelerated recently;
              (5) the potential consequences of international
            investment cannot be evaluated accurately because the
            United States Government lacks sufficient information
            on such investment and its actual or possible effects
            on the national security, commerce, employment,
            inflation, general welfare, and foreign policy of the
            United States;
              (6) accurate and comprehensive information on
            international investment is needed by the Congress to
            develop an informed United States policy on such
            investment;
              (7) \3\ United States service industries engaged in
            interstate and foreign commerce account for a
            substantial part of the labor force and gross national
            product of the United States economy, and such commerce
            is rapidly increasing;
    ---------------------------------------------------------------------------
        \3\ Sec. 306(b)(2) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3009) redesignated existing
    para. (7) as para. (9), and added new paras. (7) and (8).
    ---------------------------------------------------------------------------
              (8) \3\ international trade and services is an
            important issue for international negotiations and
            deserves priority in the attention of governments,
            international agencies, negotiators, and the private
            sector; and
              (9) \3\ existing estimates of international
            investment and trade in services,\4\ collected under
            existing legal authority, are limited in scope and are
            based on outdated statistical bases, reports, and
            information which are insufficient for policy
            formulation and decisionmaking.
    ---------------------------------------------------------------------------
        \4\ Sec. 306(b) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3009) added the words ``or
    trade in services''.
    ---------------------------------------------------------------------------
        (b) It is therefore the purpose of this Act to provide
    clear and unambiguous authority for the President to collect
    information on international investment and United States
    foreign trade in services, whether directly or by affiliates,
    including related information necessary for assessing the
    impact of such investment and trade,\5\ to authorize the
    collection and use of information on direct investments owned
    or controlled directly or indirectly by foreign governments or
    persons,\6\ and to provide analyses of such information to the
    Congress, the executive agencies, and the general public. It is
    the intent of the Congress that information which is collected
    from the public under this Act be obtained with a minimum
    burden on business and other respondents and with no
    unnecessary duplication of effort, consistent with the national
    interest in obtaining comprehensive and reliable information on
    international investment and trade in services,\4\
    ---------------------------------------------------------------------------
        \5\ Sec. 306(b)(2) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3010) added the words to this
    point beginning with ``and United States foreign trade in services,''.
        \6\ Sec. 6(A) of the Foreign Direct Investment and International
    Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
    2348), added text to this point beginning with ``to authorize the
    collection''.
    ---------------------------------------------------------------------------
        (c) Nothing in this Act is intended to restrain or deter
    foreign investment in the United States, United States
    investment abroad, or trade in services.\4\

                                  definitions

        Sec. 3.\7\ As used in this Act, the term--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 3102.
    ---------------------------------------------------------------------------
              (1) ``United States'', when used in a geographic
            sense, means the several States, the District of
            Columbia, the Commonwealth of Puerto Rico, the Canal
            Zone, and all territories and possessions of the United
            States;
              (2) ``foreign'', when used in a geographic sense,
            means that which is situated outside the United States
            or which belongs to or is characteristic of a country
            other than the United States;
              (3) ``person'' means any individual, branch,
            partnership, associated group, association, estate,
            trust, corporation, or other organization (whether or
            not organized under the laws of any State), and any
            government (including a foreign government, the United
            States Government, a State or local government, and any
            agency, corporation, financial institution, or other
            entity or instrumentality thereof, including a
            government-sponsored agency);
              (4) ``United States person'' means any person
            resident in the United States or subject to the
            jurisdiction of the United States;
              (5) ``foreign person'' means any person resident
            outside the United States or subject to the
            jurisdiction of a country other than the United States;
              (6) ``business enterprise'' means any organization,
            association, branch, or venture which exists for
            profit-making purposes or to otherwise secure economic
            advantage, and any ownership of any real estate;
              (7) ``parent'' means a person of one country who,
            directly or indirectly, owns or controls 10 per centum
            or more of the voting stock of an incorporated business
            enterprise, or an equivalent ownership interest in an
            unincorporated business enterprise, which is located
            outside that country;
              (8) ``affiliate'' means a business enterprise located
            in one country which is directly or indirectly owned or
            controlled by a person of another country to the extent
            of 10 per centum or more of its voting stock for an
            unincorporated business or an equivalent interest for
            an unincorporated business, including a branch;
              (9) ``international investment'' means (A) the
            ownership or control, directly or indirectly, by
            contractual commitment or otherwise, by foreign persons
            of any interest in property in the United States, or of
            stock, other securities, or short- and long-term debt
            obligations of a United States person, and (B) the
            ownership or control, directly or indirectly, by
            contractual commitment or otherwise, by United States
            persons of any interest in property outside the United
            States, or of stock, other securities, or short- and
            long-term debt obligations or a foreign person;
              (10) ``direct investment'' means the ownership or
            control, directly or indirectly, by one person of 10
            per centum or more of the voting securities of an
            incorporated business enterprise or an equivalent
            interest in an unincorporated business enterprise; and
              (11) ``portfolio investment'' means any international
            investment which is not direct investment.

                              authority and duties

        Sec. 4.\8\ (a) The President shall, to the extent he deems
    necessary and feasible--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 3103.
    ---------------------------------------------------------------------------
              (1) conduct a regular data collection program to
            secure current information on international capital
            flows and other information related to international
            investment and trade in services,\4\ including (but not
            limited to such information as may be necessary for
            computing and analyzing the United States balance of
            payments), the employment and taxes of United States
            parents and affiliates, and the international
            investment and trade in services \4\ position of the
            United States;
              (2) conduct such studies and surveys as may be
            necessary to prepare reports in a timely manner on
            specific aspects of international investment and trade
            in services \4\ which may have significant implications
            for the economic welfare and national security of the
            United States;
              (3) study the adequacy of information, disclosure,
            and reporting requirements and procedures relating to
            international investment and trade in services; \4\
            recommend necessary improvements in information
            recording, collection, and retrieval and in statistical
            analysis and presentation; \9\ and report periodically
            to the Committees on Finance, Foreign Relations and
            Commerce of the Senate and the Committees on Ways and
            Means, Energy and Commerce, and Foreign Affairs,\10\ of
            the House of Representatives on national and
            international developments with respect to laws and
            regulations affecting international investment and
            trade in services; \4\
    ---------------------------------------------------------------------------
        \9\ Sec. 306(b)(4) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3010) struck out ``relating
    to international investment'' that previously appeared at this point.
        \10\ Sec. 306(b)(3) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3010) added references to the
    Committees on Finance, Ways and Means, and Energy and Commerce.
    ---------------------------------------------------------------------------
              (4) \11\ conduct (not more frequently than once every
            five years and in addition to any other surveys
            conducted pursuant to paragraphs (1) and (2) benchmark
            surveys with respect to trade in services between
            unaffiliated United States persons and foreign persons;
            and
    ---------------------------------------------------------------------------
        \11\ Sec. 306(b)(4) of the International Trade and Investment Act
    (title III of Public Law 98-573; 8 Stat. 3010) redesignated existing
    para. (4) as para. (5), and added a new para. (4).
    ---------------------------------------------------------------------------
              (5) \11\ publish for the use of the general public
            and United States Government agencies periodic,
            regular, and comprehensive statistical information
            collected pursuant to this subsection and to the
            benchmark surveys conducted pursuant to subsections (b)
            and (c), including, with respect to foreign direct
            investment in the United States, information on
            ownership by foreign government of United States
            affiliates by country, and tables, on an aggregated
            basis, of business enterprises the ownership or control
            of which by foreign persons is more than 50 percent of
            the voting securities or other evidences of ownership
            of such enterprises, and business enterprises the
            ownership or control of which by foreign persons is 50
            percent or less of the voting securities or other
            evidences of ownership of such enterprises.\12\
    ---------------------------------------------------------------------------
        \12\ Sec. 6(b) of the Foreign Direct Investment and International
    Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
    2348), added text to this point beginning with ``, including, with
    respect to''.
    ---------------------------------------------------------------------------
        (b) With respect to foreign direct investment in the United
    States, the President shall conduct a benchmark survey covering
    \13\ year 1980, a benchmark survey covering \13\ year 1987, and
    benchmark surveys covering every fifth year thereafter. With
    respect to United States direct investment abroad, the
    President shall conduct a benchmark survey covering \13\ year
    1989, and benchmark surveys covering every fifth year
    thereafter. In conducting surveys pursuant to this subsection,
    the President shall,\14\ among other things and to the extent
    he determines necessary and feasible--
    ---------------------------------------------------------------------------
        \13\ Public Law 97-70 (95 Stat. 1045) struck out ``calendar''
    preceding ``year 1987''.
        \14\ Sec. 1 of Public Law 97-33 (95 Stat. 170) amended and restated
    subsec. (b) to this point. Former text had required a survey at least
    every 5 years for both U.S. direct investment abroad and foreign direct
    investment in the United States.
    ---------------------------------------------------------------------------
              (1) identify the location, nature, and magnitude of,
            and changes in total investment by any parent in each
            of its affiliates and the financial transactions
            between any parent and each of its affiliates;
              (2) obtain (A) information on the balance sheets of
            parents and affiliates and related financial data, (B)
            income statements, including the gross sales by primary
            line of business (with as much product line detail as
            is necessary and feasible) of parents and affiliates in
            each country in which they have significant operations,
            and (C) related information regarding trade (including
            trade in both goods and services) \15\ between a parent
            and each of its affiliates and between each parent or
            affiliate and any other person;
    ---------------------------------------------------------------------------
        \15\ Sec. 306(b)(4) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3010) inserted ``(including
    trade in both goods and services)''.
    ---------------------------------------------------------------------------
              (3) collect employment data showing both the number
            of United States and foreign employees of each parent
            and affiliate and the levels of compensation, by
            country, industry, and skill level;
              (4) obtain information on tax payments by parents and
            affiliates by country; and
              (5) determine, by industry and country, the total
            dollar amount of research and development expenditures
            by each parent and affiliate, payments or other
            compensation for the transfer of technology between
            parents and their affiliates, and payments or other
            compensation received by parents or affiliates from the
            transfer of technology to other persons.
        (c)(1) The President shall conduct a comprehensive
    benchmark survey of foreign portfolio investment in the United
    States at least once every five years and, for such purposes,
    shall (among other things and to the extent he determines
    necessary and feasible) determine the magnitude and aggregate
    value of portfolio investment, form of investments, types of
    investors, nationality of investors and recorded residence of
    foreign private holders, diversification of holdings by
    economic sector, and holders of record.
      (2) \16\ In addition to the benchmark surveys conducted
    pursuant to paragraph (1), the President shall annually compile
    currently available data on United States portfolio investment
    abroad including items such as data on the magnitude and
    aggregate value of portfolio investment, form of investments,
    types of investors, nationality of investors and recorded
    residence of private holders, diversification of holdings by
    economic sector, and holders of record. The President shall
    submit an analysis of such data to the Congress not later than
    the first day of July each year.
    ---------------------------------------------------------------------------
        \16\ Sec. 2 of Public Law 97-33 (95 Stat. 170) amended and restated
    para. (2). Former text required a survey of U.S. portfolio investment
    abroad to be submitted to Congress on October 11, 1981, together with a
    report on the feasibility and desirability of conducting such surveys
    on a periodic basis.
    ---------------------------------------------------------------------------
      (d) The President shall conduct a study of the feasibility of
    establishing a system to monitor foreign direct investment in
    agricultural, rural, and urban real property, including the
    feasibility of establishing a nationwide multipurpose land data
    system, and shall submit to the Congress an interim report of
    his findings and conclusions not later than two years after the
    date of enactment of this Act and a final report of such
    findings and conclusions not later than three years after such
    date of enactment.\17\
    ---------------------------------------------------------------------------
        \17\ The final version of this report was originally due in 2
    years. Sec. 2 of Public Law 95-381 (92 Stat. 726) added the requirement
    for an interim report and extended the due date for the final report to
    3 years.
    ---------------------------------------------------------------------------
      (e) \18\ The Secretary of Commerce shall prepare a report on
    the estimated cost of monitoring and compiling data on
    legislation enacted by the major trading partners of the United
    States, and such other foreign nations as the Secretary deems
    appropriate, which regulates or restricts foreign inward
    investment in such foreign nations.
    ---------------------------------------------------------------------------
        \18\ Sec. 3 of Public Law 97-33 (95 Stat. 170) redesignated
    subsecs. (e) and (f) as subsecs. (f) and (g), respectively, and added a
    new subsec. (e).
    ---------------------------------------------------------------------------
        (f) \18\ Activities shall be conducted so that information
    obtained pursuant to this Act shall be timely and useful in the
    development of policy with respect to international investment
    and trade in services.\4\ Reporting and recordkeeping
    requirements imposed under this Act shall be designed in order
    to minimize costs to the extent feasible, consistent with
    effective enforcement and the compilation of information
    required by this Act. Reporting, recordkeeping, and
    documentation requirements shall be periodically reviewed and
    revised in the light of developments in the field of
    information technology.
        (g) \18\ In collecting information under this Act, the
    President shall give due regard to the costs incurred by
    persons supplying such information, as well as to the costs
    incurred by the Government, and shall insure that the
    information collected is only in such detail as is necessary to
    fulfill the stated purposes for which the information is being
    gathered.
        (h) \19\ (1) The President, or the designee of the
    President responsible for monitoring the impact of foreign
    investment in the United States, coordinating implementation of
    United States policy on investment, and investigating foreign
    acquisitions under section 721 of the Defense Production Act of
    1950 (50 App. U.S.C. 2170)), may request a report from the
    Bureau of Economic Analysis of the Department of Commerce. When
    such request is made in connection with an investigation under
    such section 721, the report shall be provided within 14 days
    after the request is made. When such request is not made in
    connection with an investigation under such section 721, the
    report shall be provided within 60 days after the request.
    ---------------------------------------------------------------------------
        \19\ Sec. 6(c) of the Foreign Direct Investment and International
    Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
    2348) added subsec. (h).
    ---------------------------------------------------------------------------
        (2) A report requested under paragraph (1) shall contain
    the best available information on the extent of foreign direct
    investment in a given industry, including a breakdown of total
    investment in the industry, and any foreign government
    investment in the industry, by country of the foreign owner,
    and any other information that the Bureau of Economic Analysis
    or such designee of the President considers relevant. The
    industry information provided shall be at the most detailed
    level available of Standard Industrial Classification, subject
    to the requirements of section 5.

                  rules and regulations; access to information

        Sec. 5.\20\ (a) The authorities and responsibilities under
    this Act may be exercised through such rules and regulations as
    may be necessary to carry out the purposes of this Act.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 3104.
    ---------------------------------------------------------------------------
        (b) Rules or regulations issued pursuant to this Act may
    require any person subject to the jurisdiction of the United
    States--
              (1) to maintain a complete record of any information
            (including journals or other books of original entry,
            minute books, stock transfer records, lists of
            shareholders, or financial statements) which is
            essential to carrying out the \21\ surveys and studies
            to be conducted under this Act; and
    ---------------------------------------------------------------------------
        \21\ Sec. 306(b)(5) of the International Trade and Investment Act
    (title III of Public Law 98-573; 98 Stat. 3010) struck out
    ``international investment'' preceding ``surveys''.
    ---------------------------------------------------------------------------
              (2) to furnish, under oath, any report containing
            information which is determined to be necessary to
            carry out the \21\ surveys and studies conducted under
            this Act.
    When a report under paragraph (2) is furnished under oath, such
    oath shall be by the officer of such person who is directly
    responsible for the maintenance and compilation of such
    information, and shall certify that the report was prepared in
    accordance with this Act, is complete, and is to such officer's
    best knowledge and belief, substantially accurate, except in a
    case in which, in accordance with rules and regulations issued
    under this Act, estimates have been provided because data are
    not available from customary accounting records or precise data
    could not be obtained without undue burden, and the data
    subject to such estimates has been noted in the report.\22\
    ---------------------------------------------------------------------------
        \22\ Sec. 7(a) of the Foreign Direct Investment and International
    Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
    2349) added this sentence.
    ---------------------------------------------------------------------------
        (c) Access to information obtained under subsection (b)(2)
    of this section shall be available only to officials or
    employees designated to perform functions under this Act,
    including consultants and persons working on contracts awarded
    pursuant to this Act. Subject to the limitation of paragraph
    (1) of this subsection, the President may authorize the
    exchange between agencies or officials designated by him of
    information furnished by any person under this Act as he deems
    necessary to carry out the purposes of this Act. Nothing in
    this section shall be construed to require any Federal agency
    to disclose to any official exercising authority under this Act
    any information or report collected under legal authority other
    than this Act where disclosure is prohibited by law.
    Information collected pursuant to subsection (b)(2) may be used
    only--
              (1) for analytical or statistical purposes within the
            United States Government; or
              (2) for the purpose of a proceeding under subsection
            (e) \23\ of this section or under section 6 (b) or (c).
    ---------------------------------------------------------------------------
        \23\ Sec. 6(e) of the Foreign Direct Investment and International
    Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
    2349), struck out ``(d)'' and inserted in lieu thereof ``(e)'' in
    subsec. (c)(2); and inserted ``or (d)'' in subsec. (e), as conforming
    amendments for the addition of new subsec. (d) and redesignation of
    subsec. (d) to (e).
    ---------------------------------------------------------------------------
        No official or employee designated to perform functions
    under this Act, including consultants and persons working on
    contracts awarded pursuant to this Act, may publish or make
    available to any other person any information collected
    pursuant to subsection (b)(2) in a manner that the person who
    furnished the information can be specifically identified except
    as provided in this section. No person can compel the
    submission or disclosure of any report or constituent part
    thereof collected pursuant to this Act, or any copy of such
    report or constituent part thereof, without the prior written
    consent of the person who maintained or furnished such report
    under subsection (b) and without prior written consent of the
    customer, where the person who maintained or furnished such
    report included information identifiable as being derived from
    the records of such customer.
        (d) \24\ The Bureau of the Census of the Department of
    Commerce is authorized, for purposes of augmenting and
    improving the quality of data collected by the Bureau of the
    Census, to have, upon written request, access to data relating
    to business enterprises that is collected directly by the
    Bureau of Economic Analysis for purposes of this Act. The
    Bureau of Labor Statistics of the Department of Labor is
    authorized, for purposes of augmenting and improving the data
    collected by the Bureau of Labor Statistics, to have access,
    upon written request, to selected identification information on
    business enterprises and data on international services
    transactions, that is collected directly by the Bureau of
    Economic Analysis for purposes of this Act. Officers and
    employees of the Bureau of the Census and the Bureau of Labor
    Statistics shall, for purposes of subsection (c), be deemed to
    be officials or employees designated to perform functions under
    this Act.
    ---------------------------------------------------------------------------
        \24\ Sec. 6(d) of the Foreign Direct Investment and International
    Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
    2349) redesignated subsec. (d) as (e), and added a new subsec. (d).
    ---------------------------------------------------------------------------
        (e) \24\ Any person who willfully violates subsection (c)
    or (d) \23\ shall, upon conviction, be fined not more than
    $10,000, in addition to any other penalty imposed by law.

                                  enforcement

        Sec. 6.\25\ (a) Whoever fails to furnish any information
    required under this Act, whether required to be furnished in
    the form of a report or otherwise, or to comply with any rule,
    regulation, order, or instruction promulgated under this Act,
    shall be subject to a civil penalty of not less than $2,500,
    and not more than $25,000,\26\ in a proceeding brought under
    subsection (b) of this section.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 3105.
        \26\ Sec. 7(b) of the Foreign Direct Investment and International
    Financial Data Improvements Act of 1990 (Public Law 101-533; 104 Stat.
    2349) struck out ``may be subject to a civil penalty not exceeding
    $10,000'' and inserted in lieu thereof ``shall be subject to a civil
    penalty of not less than $2,500, and not more than $25,000,''.
    ---------------------------------------------------------------------------
        (b) Whenever it appears that any person has failed to
    furnish any information required under this Act, whether
    required to be furnished in the form of a report or otherwise,
    or has failed to comply with any rule, regulation, order, or
    instruction promulgated under this Act, a civil action may be
    brought in an appropriate district court of the United States,
    or the appropriate United States court of any territory or
    other place subject to the jurisdiction of the United States,
    and such court may enter a restraining order or a permanent or
    temporary injunction commanding such person to furnish such
    information or to comply with such rule, regulation, order, or
    instruction, as the case may be, or impose the civil penalty
    provided in subsection (a) of this section, or both.
        (c) Whoever willfully fails to submit any information
    required under this Act, whether required to be furnished in
    the form of a report or otherwise, or willfully violates any
    rule, regulation, order, or instruction promulgated under this
    Act, upon conviction, shall be fined not more than $10,000 and,
    if an individual, may be imprisoned for not more than one year,
    or both, and any officer, director, employee, or agent of any
    corporation who knowingly participates in such violation, upon
    conviction, may be punished by a like fine, imprisonment, or
    both.

               use of experts and administrative support services

        Sec. 7.\27\ (a) Any official designated by the President to
    carry out this Act may procure the temporary or intermittent
    services of experts and consultants in accordance with the
    provisions of section 3109 of title 5, United States Code.
    Persons so employed shall receive compensation at a rate not in
    excess of the maximum amount payable under such section. While
    away from his home or regular place of business and engaged in
    the performance of services in conjunction with the provisions
    of this Act, any such person may be allowed travel expenses,
    including per diem in lieu of subsistence, as authorized by
    section 5703(b) of title 5, United States Code, for persons in
    the Government service employed intermittently.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 3106.
    ---------------------------------------------------------------------------
        (b) Any official designated by the President to carry out
    this Act may use, on a reimbursable basis when appropriate (as
    determined by the President), the available services,
    equipment, personnel, and facilities of any agency or
    instrumentality of the United States Government.

                               consultations \28\

        Sec. 8.\28\ Officials performing functions pursuant to this
    Act shall secure balanced, diverse, and responsible views from
    qualified persons representing business, organized labor, and
    the academic community and may, where appropriate, create such
    independent public advisory committees as are necessary to
    carry out the purposes of this Act.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 3107. Sec. 4 of Public law 97-33 (95 Stat. 171)
    amended sec. 8 by deleting the words ``and reviews'' from the section
    title, striking out ``(a)'' preceding ``Officials performing'', and
    deleting subsec. (b). Subsec. (b) had directed the President to review
    the results of any studies and surveys conducted pursuant to this act
    and to report annually to Congress ``on any trends or developments
    which may have national policy implications and which in the
    President's opinion warrant the review of the respective committees.''.
    ---------------------------------------------------------------------------

                                 authorizations

        Sec. 9.\29\ To carry out this Act, there are authorized to
    be appropriated $4,400,000 for the fiscal year ending September
    30, 1980, $4,500,000 for the fiscal year ending September 30,
    1981, $4,000,000 for the fiscal year ending September 30, 1982,
    and such sums as may be necessary for any subsequent fiscal
    years.
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 3108. Sec. 23 of the Export Administration Act of
    1979 (Public Law 96-72; 93 Stat. 536) added the authorization figures
    for fiscal years 1980 and 1981. Sec. 5 of Public Law 97-33 (95 Stat.
    171) added the authorization for fiscal year 1982 and subsequent fiscal
    years. Authorizations for previous years included: fiscal year 1978--
    $1,000,000; fiscal year 1979--$4,000,000.
         c. Foreign Direct Investment and International Financial Data
                            Improvements Act of 1990

      Public Law 101-533 [S. 2516], 104 Stat. 2344, approved November 7,
    1990; amended by Public Law 102-484 [National Defense Authorization Act
    for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
    1992; Public Law 103-160 [National Defense Authorization Act for Fiscal
      Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 1993;
    Public Law 104-316 [General Accounting Office Act of 1996; H.R. 3864],
     110 Stat. 3826, approved October 19, 1996; Public Law 106-261 [Strom
    Thurmond National Defense Authorization Act for Fiscal Year 1999; H.R.
     3616], 112 Stat. 2136, approved October 17, 1998; and Public Law 108-
     271 [GAO Human Capital Reform Act of 2004; H.R. 2751], 118 Stat. 811,
                             approved July 7, 2004

        AN ACT To augment and improve the quality of international data
      compiled by the Bureau of Economic Analysis under the International
    Investment and Trade in Services Survey Act by allowing that agency to
    share statistical establishment list information compiled by the Bureau
                     of the Census, 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.\1\ SHORT TITLE.

        This Act may be cited as the ``Foreign Direct Investment
    and International Financial Data Improvements Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 3141 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS.

        The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 3141.
    ---------------------------------------------------------------------------
              (1) The United States Government collects substantial
            amounts of information from foreign owned or controlled
            business enterprise or affiliates operating in the
            United States.
              (2) Additional analysis and presentation of this
            information is desirable to assist the public debate on
            the issue of foreign direct investments in the United
            States.
              (3) Information collected from foreign owned or
            controlled firms by the Bureau of Economic Analysis has
            serious analytical limitations because it is largely
            collected on an ``enterprise'' basis that does not
            permit an adequate analysis by industry groupings.
              (4) Statistical and analytic comparisons of the
            performance of foreign owned or controlled businesses
            operating within the United States with other business
            enterprises operating within the same industry can be
            accomplished under sections 2(b) and 5(c) of the
            International Investment and Trade in Services Survey
            Act, and under Executive Order Numbered 11961, without
            the need to collect additional information, by sharing
            with other authorized Government agencies the employer
            identification numbers maintained by the Bureau of
            Economic Analysis.
              (5) Public disclosures of confidential business
            information collected by the United States Government
            relating to international direct investment flows could
            cause serious damage to the accuracy of the statistical
            data base.
              (6) The Government Accountability Office \3\ may have
            limited access to Government data on foreign direct
            investment.
    ---------------------------------------------------------------------------
        \3\ Sec. 8(b) of Public Law 108-271 provided that: ``Any reference
    to the General Accounting Office in any law, rule, regulation,
    certificate, directive, instruction, or other official paper in force
    on the date of enactment of this Act shall be considered to refer and
    apply to the Government Accountability Office.''
    ---------------------------------------------------------------------------

    SEC. 3.\4\ REPORT BY SECRETARY OF COMMERCE.

        (a) Annual Report on Foreign Direct Investment in the
    United States.--Not later than 6 months after the date of the
    enactment of this Act, and not later than the end of each 1-
    year period occurring thereafter, the Secretary of Commerce
    shall submit to the Committee on Energy and Commerce, the
    Committee on Ways and Means, and the Committee on Foreign
    Affairs of the House of Representatives,\5\ to the Committee on
    Commerce, Science, and Transportation of the Senate, and to the
    Joint Economic Committee of the Congress a report on the role
    and significance of foreign direct investment in the United
    States. Such report shall address the history, scope, trends,
    market concentrations, and effects on the United States economy
    of such investment. In addition, the Secretary of Commerce
    shall, if requested by any such committee, appear before that
    committee to provide testimony with respect to any report under
    this subsection.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 3142.
        \5\ Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Energy and Commerce of the House of
    Representatives shall be treated as referring to the Committee on
    Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110
    Stat. 187) further provided that any reference in any provision of law
    enacted before January 4, 1995 to the House Committee on Energy and
    Commerce shall be treated as referring to (1) the Committee on
    Agriculture in the case of a provision relating to inspection of
    seafood or seafood products; (2) the Committee on Banking and Financial
    Services in the case of a provision relating to bank capital markets
    activities or depository institution securities; or (3) the Committee
    on Transportation and Infrastructure in the case of a provision
    relating to railroads and railway labor issues.
        Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (b) Sources of Data.--In preparing each report under
    subsection (a), the Secretary of Commerce, or the Secretary's
    designees, shall consider information collected by--
              (1) the Bureau of Economic Analysis under the
            International Investment and Trade in Services Survey
            Act (22 U.S.C. 3101 and following);
              (2) the Bureau of the Census on industry,
            manufacturing, research and development, and trade,
            under title 13, United States Code;
              (3) the Bureau of Labor Statistics pertaining to
            information collected under the International
            Investment and Trade in Services Survey Act, but only
            to the extent that such information is in a form that
            cannot be associated with, or otherwise identify,
            directly or indirectly, a person, including any
            enterprise or establishment;
              (4) the Secretary of Commerce or the Secretary's
            designee pursuant to section 2 of Executive Order 11858
            of May 7, 1975;
              (5) the United States Department of Agriculture under
            the Agricultural Foreign Investment Disclosure Act of
            1978 (7 U.S.C. 3501 and following);
              (6) the Department of the Treasury under section
            6039C of the Internal Revenue Code of 1986 (26 U.S.C.
            6039C), but only to the extent that such information is
            in a form that cannot be associated with, or otherwise
            identify, directly or indirectly, a person, including
            any enterprise or establishment;
              (7) the Department of Energy under section 657(8) of
            the Department of Energy Organization Act (42 U.S.C.
            7267(8)), but only to the extent that such information
            is in a form that cannot be associated with, or
            otherwise identify, directly or indirectly, a person,
            including any enterprise or establishment;
              (8) other Federal agencies not referred to in
            paragraph (1) through (7), but only to the extent that
            such information is in a form that cannot be associated
            with, or otherwise identify, directly or indirectly, a
            person, including any enterprise or establishment;
              (9) foreign governments and agencies thereof; and
              (10) private sector sources.
        (c) Analyses.--(1) The analysis in each report prepared
    under subsection (a) shall, to the extent of available data,
    compare business enterprises controlled by foreign persons with
    other business enterprises in the United States with respect to
    employment, market share, value added, productivity, research
    and development, exports, imports, profitability, taxes paid,
    and investment incentives and services provided by State and
    local governments (including quasi-governmental entities).
        (2) Each such analysis shall be done by significant
    industry sectors and geographical regions, except that
    information shall not be presented in a way in which any
    person, including any business enterprise or establishment, can
    be identified. The restriction contained in the preceding
    sentence on presentation of information does not apply to
    information that is obtained from foreign governments or
    agencies thereof and that has been published pursuant tot he
    lawful disclosure of the information. To the extent that data
    are available, each such analysis shall include an analysis,
    together with current levels and trends, of the number and
    market share of business enterprises at least 10 percent of the
    voting securities or other evidences of ownership of which are
    owned or controlled by a foreign person, and of the number and
    market share of the establishments of such business
    enterprises, that are engaged substantially in the production
    or coproduction of any critical technologies identified in the
    most recent assessment prepared under section 2505 of title
    10,\6\ or included in the most recent report submitted to the
    President under section 603 of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976.
    ---------------------------------------------------------------------------
        \6\ Sec. 1069(d)(2) of Public Law 105-261 (112 Stat. 2136) struck
    out ``included in the most recent plan submitted to the Congress under
    section 2506 of title 10'', and inserted in lieu thereof ``identified
    in the most recent assessment prepared under section 2505 of title
    10''. Previously, sec. 1182(d)(2) of Public Law 103-160 (107 Stat.
    1773) struck out ``section 2522 of title 10'' and inserted in lieu
    thereof ``section 2506 of title 10''. Previous to that, sec. 1054(f) of
    Public Law 102-484 (106 Stat. 2503) struck out ``section 2368 of title
    10'' and inserted in lieu thereof ``section 2522 of title 10''.
    ---------------------------------------------------------------------------

    SEC 4.\7\ REPORTS BY GENERAL ACCOUNTING OFFICE.

        (a) In General.--The Comptroller General, to the extent
    permitted by law, including section 8 of this Act, is
    authorized to review the information described in section 3(b)
    for purposes of preparing the reports referred to in \8\
    subsection (b) of this section. Nothing in this section
    authorizes disclosure of any individually identifiable data or
    information in any form that can be associated with or
    otherwise identify, directly or indirectly, any person,
    including any enterprise or establishment.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 3143.
        \8\ Sec. 111(c)(1) of Public Law 104-316 (110 Stat. 3833) struck
    out ``report required under'' and inserted in lieu thereof ``reports
    referred to in''.
    ---------------------------------------------------------------------------
        (b) \9\ Reports.--Consistent with the provisions of this
    section, the Comptroller General may submit to the Committee on
    Energy and Commerce, the Committee on Ways and Means, and the
    Committee on Foreign Affairs of the House of
    Representatives,\5\ to the Committee on Commerce, Science, and
    Transportation of the Senate, and to the Joint Economic
    Committee of the Congress reports-- \10\
    ---------------------------------------------------------------------------
        \9\ Sec. 111(c)(2)(A) of Public Law 104-316 (110 Stat. 3833) struck
    out ``(b) Report.--Not later than 5 months after each report issued by
    the Secretary of Commerce under section 3, the Comptroller General of
    the United States shall submit'' and inserted in lieu thereof ``(b)
    Reports.--Consistent with the provisions of this section, the
    Comptroller General may submit''.
        \10\ Sec. 111(c)(2)(B) of Public Law 104-316 (110 Stat. 3833)
    struck out ``Congress, a report'' and inserted in lieu thereof
    ``Congress reports''.
    ---------------------------------------------------------------------------
              (1) analyzing reports issued by the Secretary of
            Commerce under section 3; \11\
    ---------------------------------------------------------------------------
        \11\ Sec. 111(c)(2)(C) of Public Law 104-316 (110 Stat. 3833)
    struck out ``the report of the Secretary of Commerce'' and inserted in
    lieu thereof ``reports issued by the Secretary of Commerce under
    section 3''.
    ---------------------------------------------------------------------------
              (2) making recommendations for changes in the
            analysis done in the report due the following year
            under section 3;
              (3) making recommendations for improving the
            collection by respective Federal agencies of data on
            foreign direct investment in the United States,
            including use of private sector data, and improving
            survey questionnaires to obtain useful and consistent
            information that avoids unnecessary redundancy among
            Federal agencies;
              (4) reviewing the status and processes for
            reconciliation of data exchanged as required by this
            Act and the amendments made by this Act, and making any
            recommendations for improving and augmenting
            international financial data;
              (5) making recommendations for possible additional
            policy coordination within the executive branch
            affecting foreign direct investment in the United
            States; and
              (6) making recommendations for improvement of the
            coverage, industry, classification, and consistency
            among Federal agencies of their respective surveys.\12\
    ---------------------------------------------------------------------------
        \12\ Sec. 111(c)(2)(D) of Public Law 104-316 (110 Stat. 3833)
    struck out a final sentence in the subsection following para. (6),
    which had read: ``Reports under this subsection shall be issued only
    with respect to the first 3 reports issued by the Secretary of Commerce
    under section 3.''.
    ---------------------------------------------------------------------------
        (c) Other Reviews and Reports.--(1) The Comptroller General
    may, to the extent permitted by law, including section 5(c) of
    the International Investment and Trade in Services Survey Act
    (22 U.S.C. 3104(c)) and section 8 of this Act, also review data
    and information at the Bureau of the Census, the Bureau of
    Labor Statistics, and the Bureau of Economic Analysis and from
    time to time report to the Committee on Energy and Commerce,
    the Committee on Ways and Means, and the Committee on Foreign
    Affairs of the House of Representatives,\5\ to the Committee on
    Commerce, Science, and Transportation of the Senate, and to the
    Joint Economic Committee of the Congress.
        (2) The Comptroller General shall, in carrying out
    paragraph (1), comply with procedures relating to access to and
    disclosure of data and information established within the
    Federal statistical agencies referred to in paragraph (1), and
    maintain any and all individually identifiable data and
    information at the statistical agency where the information is
    reviewed.
        (d) Confidentiality; Review by Other Agencies.--In
    preparing any report under this section, the Comptroller
    General shall not--
              (1) disclose any confidential business information or
            present any information in a way in which any person,
            including a business enterprise or establishment, can
            be identified; or
              (2) combine, match, or use in any other way
            individually identifiable data or information
            maintained by any of the Federal statistical agencies
            referred to in subsection (c) with any other
            individually identifiable confidential data or
            information that is not collected by such statistical
            agencies.
    Before issuing any such report, the Comptroller General shall
    in each instance submit the report to the head or heads of the
    agency or agencies from which confidential or identifiable
    information described in the preceding sentence was obtained.
    The agency or agencies concerned shall promptly review the
    report for the purpose of assuring that the confidentiality of
    such information and identity is maintained, and for any other
    purpose, and shall provide the Comptroller General with
    appropriate comments or other suggestions within 10 working
    days after receiving the report.
        (e) Right of Access.--The access by the Comptroller General
    to information under this Act shall be in conformity with
    section 716 of title 31, United States Code.
    ---------------------------------------------------------------------------
        \13\ Sec. 5 amended title 13, U.S.C., by adding a new chapter 10,
    sec. 401.
        \14\ Secs. 6 and 7 amended the International Investment and Trade
    in Service Survey Act.
    ---------------------------------------------------------------------------

    SEC. 5.\13\ ACCESS TO CENSUS DATA BY BUREAU OF ECONOMIC ANALYSIS. * * *

    SEC. 6.\14\ AMENDMENTS TO THE INTERNATIONAL INVESTMENT AND TRADE IN
                        SERVICE SURVEY ACT. * * *

    SEC. 7.\14\ ACCOUNTABILITY FOR TIMELY REPORTING. * * *

    SEC. 8.\15\ ACCESS TO INFORMATION; CONFIDENTIALITY.

        (a) Confidentiality.--(1) Those officers and employees who
    have access to information under this Act to which the
    provisions of section 9 of title 13, United States Code, apply
    must have been sworn, as provided for in section 23(c) of such
    title, to observe the limitations imposed by section 9(a) of
    such title and to be subject to the provisions of section 214
    of such title to the same extent as such section applies to
    officers or employees of the Bureau of the Census.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 3144.
    ---------------------------------------------------------------------------
        (2) Only those officers and employees who have sworn to
    observe the provisions of section 5(c) of the International
    Investment and Trade in Service Survey Act (22 U.S.C. 3104(c))
    may have access under this Act to information to which such
    provisions apply, and such officers and employees are subject
    to the penalties for improper disclosure of such information
    provided in section 5(e) of that Act to the same extent as such
    section applies to officers or employees designated to perform
    functions under that Act.
        (3) Those officers and employees referred to in paragraphs
    (1) and (2) of this section shall be subject to any other
    restriction or penalty imposed by law with respect to
    disclosure of information to which such officers or employees
    have access under this Act.
        (b) Violations and Penalties.--Whoever is in possession of
    information made available to any department or agency by
    virtue of this Act or the amendments made by this Act and
    discloses the information in any form which can be associated
    with, or otherwise identify, any person, including any business
    enterprise or establishment, shall be fined not less than
    $2,500 nor more than $25,000 or imprisoned not more than 5
    years, or both.
        (c) Unlawful Access.--Whoever procures, by fraud,
    misrepresentation, or other unlawful act, access to information
    made available to any department or agency by virtue of this
    Act or the amendments made by this Act shall be fined not less
    than $2,500 nor more than $25,000 or imprisoned not more than 5
    years, or both.
        (d) Information Immune From Process.--Information obtained
    under this Act shall be immune from legal process and shall not
    be used as evidence or for any purpose in any Federal, State,
    or local government action, suit, or other administrative or
    judicial proceeding except as necessary to enforce requirements
    imposed by law on the collection of information, to enforce the
    provisions of subsections (b) and (c).
        (e) Implementation.--(1) The Secretary of Commerce shall be
    responsible for the implementation of the exchange of
    information under this Act between the Bureau of the Census and
    the Bureau of Economic Analysis, and shall resolve any
    questions on access to information, data, or methodology that
    may arise between the Bureau of the Census and the Bureau of
    Economic Analysis, except that the Secretary shall not construe
    this section in a manner which would prevent the augmentation
    and improvement of the quality of international data collected
    under the International Investment and Trade in Services Survey
    Act. The Bureau of Economic Analysis and the Bureau of the
    Census shall agree in writing to the data to be shared under
    this Act.
        (2) The Director of the Office of Management and Budget
    shall be responsible for the implementation of the exchange of
    information under this Act between the Bureau of Economic
    Analysis and the Bureau of Labor Statistics, and shall resolve
    any questions on access to information, data, or methodology
    that may arise between the Bureau of Economic Analysis and the
    Bureau of Labor Statistics, except that the Director shall not
    construe this section in a manner which would prevent the
    augmentation and improvement of the quality of international
    data collected under the International Investment and Trade in
    Services Survey Act.

    SEC. 9.\16\ CONSTRUCTION OF THE ACT.

        (a) In General.--Nothing in this Act or the amendments made
    by this Act shall be construed to require any business
    enterprise or any of its officers, directors, shareholders, or
    employees, or any other person, to provide information beyond
    that which is required before the enactment of this Act.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 3145.
    ---------------------------------------------------------------------------
        (b) Implementation.--All departments and agencies
    implementing this Act and the amendments made by this Act
    shall, with respect to surveys or questionnaires used in such
    implementation--
              (1) eliminate questions that are no longer necessary,
              (2) cooperate with one another in order to ensure
            that questions asked are consistent among the
            departments and agencies, and
              (3) develop new questions in order to obtain more
            refined statistics and analyses,
    consistent with the purposes of the provisions of law amended
    by this Act and the Paperwork Reduction Act of 1980.

    SEC. 10.\17\ DEFINITIONS.

        For purposes of this Act--
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 3146.
    ---------------------------------------------------------------------------
              (1) the terms ``foreign'', ``direct investment'',
            ``international investment'', ``United States'',
            ``business enterprise'', ``foreign person'', and
            ``United States person'', have the meaning given those
            terms in section 3 of the International Investment and
            Trade in Services Survey Act (22 U.S.C.3102); and
              (2) the term ``foreign direct investment in the
            United States'' means direct investment by foreign
            persons in any business enterprise that is a United
            States person.
             d. International Investment and Trade in Services \1\

     Executive Order 11961, January 19, 1977, 42 F.R. 4321, 22 U.S.C. 3101
      note; as amended by Executive Order 12013, October 7, 1977, 42 F.R.
       45931; Executive Order 12318, August 21, 1981, 46 F.R. 42833; and
               Executive Order 12518, June 3, 1985, 50 F.R. 23661

        By virtue of the authority vested in me by the
    International Investment and Trade in Services Survey Act \1\
    (90 Stat. 2059, 22 U.S.C. 3101), and section 301 of title 3 of
    the United States Code, and as President of the United States
    of America, it is hereby ordered as follows:
    ---------------------------------------------------------------------------
        \1\ Executive Order 12518 (50 F.R. 23661) redesignated this title
    from ``Administration of the International Investment Survey Act of
    1976''; substituted ``International Investment and Trade in Services
    Survey Act'' for ``International Investment Survey Act of 1976''
    wherever it appears; substituted ``(5)'' for ``(4)'' in sec. 2; added
    ``and trade in services'' after ``investment'' in sec. 3; and added
    ``(5)'' after ``(4)'' in sec. 3.
    ---------------------------------------------------------------------------
        Section 1. All the functions vested in the President by the
    International Investment and Trade in Services Survey Act \1\
    (90 Stat. 2059, 22 U.S.C. 3101), hereinafter referred to as the
    Act, are hereby delegated to the Director of the Office of
    Management and Budget, hereinafter referred to as the Director.
    The Director may, from time to time, designate other officers
    or agencies of the Federal Government to perform any or all of
    the functions hereby delegated to the Director, subject to such
    instructions, limitations, and directions as the Director deems
    appropriate.
        Sec. 2. Subject to the provisions of section 1 of this
    order, and in the absence of any contrary delegation or
    direction by the Director, the Secretary of the Treasury, with
    respect to portfolio investment shall perform the functions set
    forth in section 4(a) (1), (2), (5) \1\ and 4(c) of the Act.
        Sec. 3. Subject to the provisions of section 1 of this
    order, and in the absence of any contrary delegation or
    direction by the Director, the Secretary of Commerce, with
    respect to direct investment and trade in services \1\ shall
    perform the functions set forth in sections 4(a) (1), (2), (4),
    (5) \1\ and 4(b) of the Act.
    ---------------------------------------------------------------------------
        \2\ Sec. 4(b) of Executive Order 12318 (46 F.R. 42833) substituted
    the text beginning with the words ``the Secretary of Commerce'' to this
    point. Previously the text read ``the Secretary of Commerce shall
    perform the functions set forth in Sections 4(a)(3) and 5(c) of the
    Act''. Executive Order 12013 (42 F.R. 45931) deleted the original text,
    which stated ``the Council on International Economic Policy shall
    perform the function of making periodic reports to the Committees of
    the Congress set forth in Section 4(a)(3) of the Act''.
    ---------------------------------------------------------------------------
        Sec. 4. Subject of the provisions of section 1 of this
    order, and in the absence of any contrary delegation or
    direction by the Director, the Secretary of Commerce shall
    perform the function of making periodic reports to the
    Committees of the Congress as set forth in Section 4(a)(3) of
    the Act.\2\
            e. Committee on Foreign Investment in the United States

    Executive Order 11858, May 7, 1975, 40 F.R. 20263, 15 U.S.C. 78b note;
      as amended by Executive Order 12188, January 2, 1980, 45 F.R. 989;
    Executive Order 12661, December 27, 1988, 54 F.R. 779; Executive Order
      12860, September 3, 1993, 58 F.R. 47201; and Executive Order 13287,
                        February 28, 2003, 68 F.R. 10619

        By virtue of the authority vested in me by the Constitution
    and statutes of the United States of America, including the Act
    of February 14, 1903, as amended (15 U.S.C. 1501 et seq.),
    section 10 of the Gold Reserve Act of 1934, as amended (31
    U.S.C. 822a), and section 301 of the United States Code, and as
    President of the United States of America, it is hereby ordered
    as follows:
        Section 1. (a) There is hereby established the Committee on
    Foreign Investment in the United States (hereinafter referred
    to as the Committee). The Committee shall be composed of \1\
    the following:
    ---------------------------------------------------------------------------
        \1\ Sec. 3-201(B) of Executive Order 12661, December 27, 1988 (54
    F.R. 779) struck out ``a representative, whose status is not below that
    of an Assistant Secretary, designated by each of'' at this point.
    ---------------------------------------------------------------------------
              (1) The Secretary of State.
              (2) The Secretary of the Treasury.
              (3) The Secretary of Defense.
              (4) The Secretary of Commerce.
              (5) \2\ The United States Trade Representative.
    ---------------------------------------------------------------------------
        \2\ Sec. 1-105(f)(1) of Executive Order 12188 struck out ``The
    Assistant to the President for Economic Affairs'' and inserted in lieu
    thereof ``The United States Trade Representative''.
    ---------------------------------------------------------------------------
              (6) \3\ The Chairman of the Council of Economic
            Advisers.
    ---------------------------------------------------------------------------
        \3\ Sec. 1-105(f)(2) of Executive Order 12188 struck out ``The
    Executive Director of the Council on International Economic Policy''
    and inserted in lieu thereof ``The Chairman of the Council of Economic
    Advisers''.
    ---------------------------------------------------------------------------
              (7) \4\ The Attorney General.
    ---------------------------------------------------------------------------
        \4\ Sec. 3-201(F) of Executive Order 12661, December 27, 1988 (54
    F.R. 779) added paras. (7) and (8). Subsequently, Sec. 57 of Executive
    Order 13287, February 28, 2003 (68 F.R. 10629) redesignated para. (8)
    as para. (9), and inserted ``(8) The Secretary of Homeland Security''.
    Existing paras. (9) through (11) probably should have been redesignated
    as well.
    ---------------------------------------------------------------------------
              (8) \4\ The Secretary of Homeland Security.
              (9) \4\ The Director of the Office of Management and
            Budget.
              (9) \5\ the Director of the Office of Science and
            Technology Policy.
    ---------------------------------------------------------------------------
        \5\ Sec. 1 of Executive Order 12860 (58 F.R. 47201) added paras.
    (9), (10), and (11).
    ---------------------------------------------------------------------------
              (10) \5\ the Assistant to the President for National
            Security Affairs.
              (11) \5\ the Assistance to the President for Economic
            Policy.
        The \6\ Secretary of the Treasury shall be the chairman of
    the Committee. The chairman, as he deems appropriate, may
    invite representatives of other departments and agencies to
    participate from time to time in activities of the Committee.
    ---------------------------------------------------------------------------
        \6\ Sec. 3-201(C) of Executive Order 12661, December 27, 1988 (54
    F.R. 779) struck out ``representative of the'' at this point.
        An Interim Presidential Directive Regarding Disposition of Certain
    Mergers, Acquisitions, and Takeovers, October 26, 1988 (53 F.R. 43999,
    November 1, 1988) designated the Secretary of the Treasury to perform
    the functions of the President as defined by sec. 721 of the Defense
    Production Act of 1950, as amended, and to consult with the Committee
    on Foreign Investment in the United States, established here. Sec. 3-
    201(G) of Executive Order 12661, December 27, 1988 (54 F.R. 779)
    revoked this Interim Directive.
    ---------------------------------------------------------------------------
        (b) The Committee shall have primary continuing
    responsibility within the executive branch for monitoring the
    impact of foreign investment in the United States, both direct
    and portfolio, and for coordinating the implementation of U.S.
    policy on such investment. In fulfillment of this
    responsibility, the Committee shall:
              (1) arrange for the preparation of analyses of trends
            and significant developments in foreign investments in
            the United States;
              (2) provide guidance on arrangements with foreign
            governments for advance consultations on prospective
            major foreign governmental investments in the United
            States;
              (3) review investments in the United States which, in
            the judgment of the Committee, might have major
            implications for U.S. national interests;
              (4) consider proposals for new legislation or
            regulations relating to foreign investment as may
            appear necessary; and
              (5) \7\ coordinate the views of the Executive Branch
            and discharge the responsibilities with respect to
            Section 721(a) and (e) of the Defense Production Act of
            1950, as amended (50 U.S.C. App. 2061 et seq.)
            (``Defense Production Act'').
    ---------------------------------------------------------------------------
        \7\ Sec. 3-201(D) of Executive Order 12661 (December 27, 1988; 54
    F.R. 779) added para. (5).
    ---------------------------------------------------------------------------
        (c) As the need arises, the Committee shall submit
    recommendations and analyses to the National Security Council
    and to the Economic Policy Board. It shall also arrange for the
    preparation and publication of periodic reports.
        Sec. 2. The Secretary of Commerce, with respect to the
    collection and use of data on foreign investment in the United
    States, shall provide, in particular, for the performance of
    the following activities:
        (a) The obtainment, consolidation, and analysis of
    information on foreign investment in the United States;
        (b) the improvement on such foreign investment;
        (c) the close observation of foreign investment in the
    United States;
        (d) the preparation of reports and analyses of trends and
    of significant developments in appropriate categories of such
    investment;
        (e) the compilation of data and preparation of evaluations
    of significant investment transactions; and
        (f) the submission to the Committee of appropriate reports,
    analyses, data and recommendations relating to foreign
    investment in the United States, including recommendations as
    to how information on foreign investment can be kept current.
        Sec. 3. The Secretary of the Treasury is authorized,
    without further approval of the President, to make reasonable
    use of the resources of the Exchange Stabilization Fund, in
    accordance with section 10 of the Gold Reserve Act of 1934, as
    amended (31 U.S.C. 822a), to pay any of the expenses directly
    incurred by the Secretary of Commerce in the performance of the
    functions and activities provided by this order. This authority
    shall be in effect for one year, unless revoked prior thereto.
        Sec. 4. All departments and agencies are directed to
    provide, to the extent permitted by law, such information and
    assistance as may be requested by the Committee or the
    Secretary of Commerce in carrying out their functions and
    activities under this order.
        Sec. 5. Information which has been submitted or received in
    confidence shall not be publicly disclosed, except to the
    extent required by law; and such information shall be used by
    the Committee only for the purpose of carrying out the
    functions and activities prescribed by this order. Information
    or documentary material filed pursuant to Section 1(b)(5) or
    Section 7 of this Order shall be treated in accordance with
    paragraph (b) of Section 721 of the Defense Production Act.\8\
    ---------------------------------------------------------------------------
        \8\ Sec. 3-201(E) of Executive Order 12661 (December 27, 1988; 54
    F.R. 779) added this sentence.
    ---------------------------------------------------------------------------
        Sec. 6. Nothing in this order shall affect the data-
    gathering, regulatory, or enforcement authority of any existing
    department or agency over foreign investment, and the review of
    individual investments provided by this order shall not in any
    way supersede or prejudice any other process provided by law.
        Sec. 7.\9\ (1) Investigations. (a) The Committee is
    designated to receive notices and other information, to
    determine whether investigations should be undertaken , and to
    make investigations, pursuant to Section 721(a) of the Defense
    Production Act. (b) If the Committee determines that an
    investigation should be undertaken, such investigation shall
    commence no later than 30 days after receipt by the Committee
    of written notification of the proposed or pending merger,
    acquisition, or takeover. Such investigation shall be completed
    no later than 45 days after such determination. (c) If one or
    more Committee members differ with a Committee decision not to
    undertake an investigation, the Chairman shall submit a report
    of the Committee to the President setting forth the differing
    views and presenting the issues for his decision within 25 days
    after receipt by the Committee or written notification of the
    proposed or pending merger, acquisition, or takeover. (d) A
    unanimous decision by the Committee not to undertake an
    investigation with regard to a notice shall conclude action
    under this section on such notice. The Chairman shall advise
    the President of said decision.
    ---------------------------------------------------------------------------
        \9\ Sec. 3-201(A) of Executive Order 12661 (December 27, 1988; 54
    F.R. 779) added secs. 7 and 8.
    ---------------------------------------------------------------------------
        (2) Report to the President. Upon completion or termination
    of any investigation, the Committee shall report to the
    President and present a recommendation. Any such report shall
    include information relevant to subparagraphs (1) and (2) of
    Section 721(d) of the Defense Production Act. If the Committee
    is unable to reach a unanimous recommendation, the Chairman
    shall submit a report of the Committee to the President setting
    forth the differing views and presenting the issues for his
    decision.
        Sec. 8.\9\ The Chairman of the Committee, in consultation
    with other members of the Committee, is hereby delegated the
    authority to issue regulations to implement Section 721 of the
    Defense Production Act.
     8. Collection and Publication of Foreign Commerce and Trade Statistics

     Sections 301 through 307, Title 13, U.S.C.; as added by Public Law 87-
    826, 76 Stat. 951-52, approved October 15, 1962; and amended by Public
      Law 93-618 [Trade Act of 1974; H.R. 10710], 88 Stat. 1978 at 2074,
      approved January 3, 1975; Public Law 96-39 [Trade Agreements Act of
     1979; H.R. 4537], 93 Stat. 144 at 313, approved July 26, 1979; Public
     Law 96-275 [H.R. 6842], 94 Stat. 539, approved June 17, 1980; Public
    Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; H.R. 4848],
         102 Stat. 1107, approved August 23, 1988; Public Law 106-113
      [Proliferation Prevention Enhancement Act of 1999; H.R. 3194], 113
      Stat. 1501A-505, approved November 29, 1999; and Public Law 107-228
    [Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
                    Stat. 1350, approved September 30, 2002

    Sec. 301. Collection and publication.

        (a) \1\ The Secretary is authorized to collect information
    from all persons exporting from, or importing into, the United
    States and the noncontiguous areas over which the United States
    exercises sovereignty, jurisdiction, or control, and from all
    persons engaged in trade between the United States and such
    noncontiguous areas and between those areas, or from the
    owners, or operators of carriers engaged in such foreign
    commerce or trade, and shall compile and publish such
    information pertaining to exports, imports, trade, and
    transportation relating thereto, as he deems necessary or
    appropriate to enable him to foster, promote, develop, and
    further the commerce, domestic and foreign, of the United
    States and for other lawful purposes.
    ---------------------------------------------------------------------------
        \1\ Sec. 609(a) of the Trade Act of 1974 (Public Law 93-618; 88
    Stat. 2074) added the subsec. designation ``(a)'' and new subsecs. (b),
    (c), and (d).
    ---------------------------------------------------------------------------
        (b) \1\ The Secretary shall submit to the Committee on Ways
    and Means of the House of Representatives and the Committee on
    Finance of the Senate, on quarterly and cumulative bases,
    statistics on United States imports for consumption and United
    States exports by country and by product. Statistics on United
    States imports shall be submitted in accordance with the Tariff
    Schedules of United States Annotated and general statistical
    headnote 1 thereof, in detail as follows:
              (1) net quantity;
              (2) United States customs value:
              (3) purchase price or its equivalent;
              (4) equivalent of arm's length value;
              (5) aggregate cost from port of exportation to United
            States port of entry;
              (6) a United States port of entry value comprised of
            (5) plus (4), if applicable, or, if not applicable, (5)
            plus (3); and
              (7) for transactions where (3) and (4) are equal, the
            total value of such transactions.
    The data for paragraphs (1), (2), (3), (5), and (6) shall be
    reported separately for nonrelated and related party
    transactions, and shall also be reported as a total of all
    transactions.
        (c) \1\ In submitting any information under subsection (b)
    with respect to exports, the Secretary shall state separately
    from the total value of all exports--
              (1)(A) the value of agricultural commodities exported
            under the Agricultural Trade Development and Assistance
            Act of 1954, as amended; and
              (B) the total amount of all export subsidies paid to
            exporters by the United States under such Act for the
            exportation of such commodities; and
              (2) the value of goods exported under the Foreign
            Assistance Act of 1961.
        (d) \1\ To assist the Secretary to carry out the provisions
    of subsections (b) and (c)--
              (1) the Secretary of Agriculture shall furnish
            information to the Secretary concerning the value of
            agricultural commodities exported under provisions of
            the Agricultural Trade Development and Assistance Act
            of 1954, as amended, and the total amounts of all
            export subsidies paid to exporters by the United States
            under such Act for the exportation of such commodities;
            and
              (2) the Secretary of State shall furnish information
            to the Secretary concerning the value of goods exported
            under the provisions of the Foreign Assistance Act of
            1961, as amended.
        (e) \2\ There shall be reported, on monthly and cumulative
    bases, for each item in the Tariff Schedules of the United
    States Annotated, the United States port of entry value (as
    determined under subsection (b)(6)). There shall be reported,
    on monthly and cumulative bases, the balance of international
    trade for the United States reflecting (1) the aggregate value
    of all United States imports as reported in accordance with the
    first sentence of this subsection, and (2) the aggregate value
    of all United States exports. The information required to be
    reported under this subsection shall be reported in a form that
    is adjusted for economic inflation or deflation (on a constant
    dollar basis consistent with the reporting of the National
    Income and Product Accounts), and in a form that is not so
    adjusted.\3\
    ---------------------------------------------------------------------------
        \2\ Sec. 1108(a) of the Trade Agreements Act of 1979 (Public Law
    96-39; 93 Stat. 313) added subsecs. (e) and (f).
        \3\ Sec. 1932 of Public Law 100-418 (Omnibus Trade and
    Competitiveness Act of 1988; 102 Stat. 1320) added this sentence. Sec.
    1931(a) of that Act struck out the sentence previously appearing at
    this point, which read ``The values and balance of trade required to be
    reported by this subsection shall be released no later than 48 hours
    before the release of any other government statistics concerning values
    of United States imports or United States balance of trade, or
    statistics from which such values or balance may be derived.''.
    ---------------------------------------------------------------------------
        (f) \2\ On or before January 1, 1981, and as often
    thereafter as may be necessary to reflect significant changes
    in rates, there shall be reported for each item of the Tariff
    Schedules of the United States Annotated, the ad valorem or ad
    valorem equivalent rate of duty which would have been required
    to be imposed on dutiable imports under that item, if the
    United States customs values of such imports were based on the
    United States port of entry value (as reported in accordance
    with the first sentence of subsection (e)) in order to collect
    the same amount of duties on imports under that item as are
    currently collected.
        (g) \4\ Shippers' Export Declarations (or any successor
    document), wherever located, shall be exempt from public
    disclosure unless the Secretary determines that such exemption
    would be contrary to the national interest.
    ---------------------------------------------------------------------------
        \4\ Sec. 1 of Public Law 96-275 (94 Stat. 539) added subsec. (g).
    ---------------------------------------------------------------------------
        (h) \5\ The Secretary is authorized to require by
    regulation the filing of Shippers' Export Declarations under
    this chapter through an automated electronic system for the
    filing of export information established by the Department of
    the Treasury.
    ---------------------------------------------------------------------------
        \5\ Public Law 106-113 (113 Stat. 1501) added subsec. (h).
        Public Law 106-113 further provided:
        ``(b) Implementing Regulations.--
    ---------------------------------------------------------------------------

      ``(1) In general.--The Secretary of Commerce, with the concurrence of the
    Secretary of State, shall publish regulations in the Federal Register to
    require that, upon the effective date of those regulations, exporters (or
    their agents) who are required to file Shippers' Export Declarations under
    chapter 9 of title 13, United States Code, file such Declarations through
    the Automated Export System with respect to exports of items on the United
    States Munitions List or the Commerce Control List.

      ``(2) Elements of the regulations.--The regulations referred to in
    paragraph (1) shall include at a minimum--

      ``(A) provision by the Department of Commerce for the establishment of
    on-line assistance services to be available for those individuals who must
    use the Automated Export System;

      ``(B) provision by the Department of Commerce for ensuring that an
    individual who is required to use the Automated Export System is able to
    print out from the System a validated record of the individual's
    submission, including the date of the submission and a serial number or
    other unique identifier, where appropriate, for the export transaction; and

      ``(C) a requirement that the Department of Commerce print out and
    maintain on file a paper copy or other acceptable back-up record of the
    individual's submission at a location selected by the Secretary of
    Commerce.
    ---------------------------------------------------------------------------

        ``(c) Effective Date.--The amendment made by subsection (a) shall
    take effect 270 days after the Secretary of Commerce, the Secretary of
    the Treasury, and the Director of the National Institute of Standards
    and Technology jointly provide a certification to the Committee on
    Foreign Relations of the Senate and the Committee on International
    Relations of the House of Representatives that a secure Automated
    Export System available through the Internet that is capable of
    handling the expected volume of information required to be filed under
    subsection (b), plus the anticipated volume from voluntary use of the
    Automated Export System, has been successfully implemented and tested
    and is fully functional with respect to reporting all items on the
    United States Munitions List, including their quantities and
    destinations.''.
        Sec. 1256 of Public Law 106-113 (113 Stat. 1501A-507) further
    provided:
    ---------------------------------------------------------------------------

    ``sec. 1256. definitions.
    ---------------------------------------------------------------------------

        ``In this subtitle:
    ---------------------------------------------------------------------------

      ``(1) Automated export system.--The term ``Automated Export System''
    means the automated and electronic system for filing export information
    established under chapter 9 of title 13, United States Code, on June 19,
    1995 (60 Federal Register 32040).

      ``(2) Commerce control list.--The term ``Commerce Control List'' has the
    meaning given the term in section 774.1 of title 15, Code of Federal
    Regulations.

      ``(3) Shippers' export declaration.--The term ``Shippers' Export
    Declaration'' means the export information filed under chapter 9 of title
    13, United States Code, as described in part 30 of title 15, Code of
    Federal Regulations.

      ``(4) United states munitions list.--The term ``United States Munitions
    List'' means the list of items controlled under section 38 of the Arms
    Export Control Act (22 U.S.C. 2778).''.

    Sec. 302. Rules, regulations, and orders.

        The Secretary may make such rules, regulations, and orders
    as he deems necessary or appropriate to carry out the
    provisions of this chapter. Any rules, regulations, or orders
    issued pursuant to this authority may be established in such
    form or manner, may contain such classifications or
    differentiations, and may provide for such adjustments and
    reasonable exceptions as in the judgment of the Secretary are
    necessary or proper to effectuate the purpose of this chapter,
    or to prevent circumvention or evasion of any rule, regulation,
    or order issued hereunder. The Secretary may also provide by
    rule or regulation, for such confidentiality, publication, or
    disclosure, of information collected hereunder as he may deem
    necessary or appropriate in the public interest. Rules,
    regulations, and orders, or amendments thereto shall have the
    concurrence of the Secretary of the Treasury prior to
    promulgation.

    Sec. 303. Secretary of Treasury functions.

        To assist the Secretary to carry out the functions of this
    chapter, the Secretary of the Treasury shall collect
    information in the form and manner prescribed by the
    regulations issued pursuant to this chapter from persons
    engaged in foreign commerce or trade \6\ and from the owners or
    operators of carriers.
    ---------------------------------------------------------------------------
        \6\ Sec. 1404(d) of the Foreign Relations Authorization Act, Fiscal
    Year 2003 (Public Law 107-228; 116 Stat. 1545) struck out ``, other
    than by mail,''.
    ---------------------------------------------------------------------------

    Sec. 304. Filing export information, delayed filings, penalties for
            failure to file.

        (a) The information or reports in connection with the
    exportation or transportation of cargo required to be filed by
    carriers with the Secretary of the Treasury under any rule,
    regulation, or order issued pursuant to this chapter may be
    filed after the departure of such carrier from the port or
    place of exportation or transportation, whether such departing
    carrier is destined directly to a foreign port or place or to a
    noncontiguous area, or proceeds by way of other ports or places
    of the United States, provided that a bond in an approved form
    in a penal sum of $10,000 \7\ is filed with the Secretary of
    the Treasury. The Secretary of Commerce may, by a rule,
    regulation, or order issued in conformity herewith, prescribe a
    maximum period after such departure during which the required
    information or reports may be filed. In the event any such
    information or report is not filed within such prescribed
    period, a penalty not to exceed $1,000 for each day's
    delinquency beyond the prescribed period, but not more than
    $10,000 per violation \8\ shall be exacted. Civil suit may be
    instituted in the name of the United States against the
    principal and surety for the recovery of any penalties that may
    accrue and be exacted in accordance with the terms of the bond.
    ---------------------------------------------------------------------------
        \7\ Sec. 1404(e)(1) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1545) struck out ``the
    penal sum of $1,000'' and inserted in lieu thereof ``a penal sum of
    $10,000''.
        \8\ Sec, 1404(e)(2) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1545) struck out ``a
    penalty not to exceed $100 for each day's delinquency beyond the
    prescribed period, but not more than $1,000'' and inserted in lieu
    thereof ``a penalty not to exceed $1,000 for each day's delinquency
    beyond the prescribed period, but not more than $10,000 per
    violation''.
    ---------------------------------------------------------------------------
        (b) \9\ Any person, other than a person described in
    subsection (a), required to submit export information, shall
    file such information in accordance with any rule, regulation,
    or order issued pursuant to this chapter. In the event any such
    information or reports are not filed within such prescribed
    period, the Secretary of Commerce (and officers of the
    Department of Commerce specifically designated by the
    Secretary) may impose a civil penalty not to exceed $1,000 for
    each day's delinquency beyond the prescribed period, but not
    more than $10,000 per violation.
    ---------------------------------------------------------------------------
        \9\ Sec. 1404(e)(3) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1545) redesignated
    subsec. (b) as subsec. (c) and inserted a new subsec. (b).
    ---------------------------------------------------------------------------
        (c) \9\ The Secretary may remit or mitigate any penalty
    incurred for violations of this section and regulations issued
    pursuant thereto if, in his opinion, they were incurred without
    willful negligence or fraud, or other circumstances justify a
    remission or mitigation.

    Sec. 305.\10\ PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES.

        (a) Criminal Penalties.--
    ---------------------------------------------------------------------------
        \10\ Sec. 1404(f) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1546) amended and
    restated sec. 305. It previously read as follows:
    ---------------------------------------------------------------------------

    `` 305. violations, penalties.
    ---------------------------------------------------------------------------

        ``Any person, including the owners or operators of carriers,
    violating the provisions of this chapter, or any rule, regulation, or
    order issued thereunder, except as provided in section 304 above, shall
    be liable to a penalty not to exceed $1,000 in addition to any other
    penalty imposed by law. The amount of any such penalty shall be payable
    into the Treasury of the United States and shall be recoverable in a
    civil suit in the name of the United States.''.
    ---------------------------------------------------------------------------
              (1) Failure to file; submission of false or
            misleading information.--Any person who knowingly fails
            to file or knowingly submits false or misleading export
            information through the Shippers Export Declaration
            (SED) (or any successor document) or the Automated
            Export System (AES) shall be subject to a fine not to
            exceed $10,000 per violation or imprisonment for not
            more than 5 years, or both.
              (2) Furtherance of illegal activities.--Any person
            who knowingly reports any information on or uses the
            SED or the AES to further any illegal activity shall be
            subject to a fine not to exceed $10,000 per violation
            or imprisonment for not more than 5 years, or both.
              (3) Forfeiture penalties.--Any person who is
            convicted under this subsection shall, in addition to
            any other penalty, be subject to forfeiting to the
            United States--
                      (A) any of that person's interest in,
                    security of, claim against, or property or
                    contractual rights of any kind in the goods or
                    tangible items that were the subject of the
                    violation;
                      (B) any of that person's interest in,
                    security of, claim against, or property or
                    contractual rights of any kind in tangible
                    property that was used in the export or attempt
                    to export that was the subject of the
                    violation; and
                      (C) any of that person's property
                    constituting, or derived from, any proceeds
                    obtained directly or indirectly as a result of
                    the violation.
        (b) Civil Penalties.--The Secretary (and officers of the
    Department of Commerce specifically designated by the
    Secretary) may impose a civil penalty not to exceed $10,000 per
    violation on any person violating the provisions of this
    chapter or any rule, regulation, or order issued thereunder,
    except as provided in section 304. Such penalty may be in
    addition to any other penalty imposed by law.
        (c) Civil Penalty Procedure.--
              (1) In general.--Whenever a civil penalty is sought
            for a violation of this section or of section 304, the
            charged party is entitled to receive a formal complaint
            specifying the charges and, at his or her request, to
            contest the charges in a hearing before an
            administrative law judge. Any such hearing shall be
            conducted in accordance with sections 556 and 557 of
            title 5, United States Code.
              (2) Commencement of civil actions.--If any person
            fails to pay a civil penalty imposed under this
            chapter, the Secretary may request the Attorney General
            to commence a civil action in an appropriate district
            court of the United States to recover the amount
            imposed (plus interest at currently prevailing rates
            from the date of the final order). No such action may
            be commenced more than 5 years after the date the order
            imposing the civil penalty becomes final. In such
            action, the validity, amount, and appropriateness of
            such penalty shall not be subject to review.
              (3) Remission or mitigation of penalties.--The
            Secretary may remit or mitigate any penalties imposed
            under paragraph (1) if, in the Secretary's opinion--
                      (A) the penalties were incurred without
                    willful negligence or fraud; or
                      (B) other circumstances exist that justify a
                    remission or mitigation.
              (4) Applicable law for delegated functions.--If,
            pursuant to section 306, the Secretary delegates
            functions under this section to another agency, the
            provisions of law of that agency relating to penalty
            assessment, remission or mitigation of such penalties,
            collection of such penalties, and limitations of
            actions and compromise of claims, shall apply.
              (5) Deposit of payments in general fund of the
            treasury.--Any amount paid in satisfaction of a civil
            penalty imposed under this section or section 304 shall
            be deposited into the general fund of the Treasury and
            credited as miscellaneous receipts.
        (d) Enforcement.--
              (1) By the secretary of commerce.--The Secretary of
            Commerce may designate officers or employees of the
            Office of Export Enforcement to conduct investigations
            pursuant to this chapter. In conducting such
            investigations, those officers or employees may, to the
            extent necessary or appropriate to the enforcement of
            this chapter, exercise such authorities as are
            conferred upon them by other laws of the United States,
            subject to policies and procedures approved by the
            Attorney General.
              (2) By the commissioner of customs.--The Commissioner
            of Customs may designate officers or employees of the
            Customs Service to enforce the provisions of this
            chapter, or to conduct investigations pursuant to this
            chapter.
        (e) Regulations.--The Secretary of Commerce shall
    promulgate regulations for the implementation and enforcement
    of this section.
        (f) Exemption.--The criminal fines provided for in this
    section are exempt from the provisions of section 3571 of title
    18, United States Code.

    Sec. 306. Delegation of functions.

        Subject to the concurrence of the head of the department or
    agency concerned, the Secretary may make such provisions as he
    shall deem appropriate, authorizing the performance by any
    officer, agency or employee of the United States Government
    departments or offices, or the governments of any areas over
    which the United States exercises sovereignty, jurisdiction, or
    control, of any function of the Secretary, contained in this
    chapter.

    Sec. 307. Relationship to general census law.

        The following sections only, 1, 2, 3, 4, 5, 6, 7, 11, 21,
    22, 23, 24, 211, 212, 213, and 214, of chapters 1 through 7 of
    this title are applicable to this chapter.
                          9. Materials and Commodities

     a. Opposition of Use of Multilateral Assistance To Produce or Extract
              Foreign Surplus Commodities and Minerals for Export

    Partial text of Public Law 99-472 [H.R. 5548], 100 Stat. 1200 at 1210,
                           approved October 15, 1986

              AN ACT To amend the Export-Import Bank Act of 1945.

        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 ``Export-Import Bank Act
    Amendments of 1986''.
              * * * * * * *

    SEC. 22.\1\ OPPOSITION OF MULTILATERAL ASSISTANCE FOR FOREIGN SURPLUS
                        COMMODITIES AND MINERALS.

        The Secretary of the Treasury shall instruct the United
    States Executive Directors of the International Bank for
    Reconstruction and Development, the International Development
    Association, the International Finance Corporation, the Inter-
    American Development Bank, the International Monetary Fund, the
    Asian Development Bank, the Inter-American Investment
    Corporation, the African Development Bank, and the African
    Development Fund to use the voice and vote of the United States
    to oppose any assistance by such institutions, using funds
    appropriated or otherwise made available pursuant to any
    provision of law, for the production or extraction of any
    commodity or mineral for export, if--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 262h. Similar language was enacted as sec. 514 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104-208;
    110 Stat. 3009); sec. 514 (111 Stat. 2409) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1998 (Public
    Law 105-118, 111 Stat. 2409); sec. 514 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1999 (112
    Stat. 2681-173, sec. 101(d) of Public Law 105-277); sec. 514 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2000 (113 Stat. 1501A-85, Appendix B of Public Law
    106-113); sec. 514 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2001 (114 Stat. 1900A-25, sec.
    101(a) of Public Law 106-429); sec. 514 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2002 (Public
    Law 107-115; 115 Stat. 2142); sec. 514 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2003
    (Division D of Public Law 108-7; 117 Stat. 184); sec. 514 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2004 (Division D of Public Law 108-199; 118 Stat.
    171); sec. 514 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2005 (Division D of Public Law 108-447;
    118 Stat. 2995); and sec. 514 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2006 (Public Law
    109-102; 119 Stat. 2200). For text, see Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              (1) such commodity or mineral, as the case may be, is
            in surplus on world markets; and
              (2) the export of such commodity or mineral, as the
            case may be, would cause substantial injury to the
            United States producers of the same, similar, or
            competing commodity or mineral.
                   b. National Critical Materials Act of 1984

    Title II of Public Law 98-373 [S. 373], 98 Stat. 1242 at 1248, approved
      July 31, 1984, as amended by Public Law 100-418 [Omnibus Trade and
       Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
                                August 23, 1988

      AN ACT To provide for a comprehensive national policy dealing with
     national research needs and objectives in the Arctic, for a National
        Critical Materials Council, for development of a continuing and
    comprehensive national materials policy for programs necessary to carry
       out that policy, including Federal programs of advanced materials
        research and technology, and the innovation in basic materials
                      industries, and for other purposes.

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

               TITLE II--NATIONAL CRITICAL MATERIALS ACT OF 1984

                                  short title

        Sec. 201.\1\ This title may be cited as the ``National
    Critical Materials Act of 1984''.
    ---------------------------------------------------------------------------
        \1\ 30 U.S.C. 1801 note.
    ---------------------------------------------------------------------------

                             findings and purposes

        Sec. 202.\2\ (a) The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 30 U.S.C. 1801.
    ---------------------------------------------------------------------------
              (1) the availability of adequate supplies of
            strategic and critical industrial minerals and
            materials continues to be essential for national
            security, economic well-being, and industrial
            production;
              (2) the United States is increasingly dependent on
            foreign sources of materials and vulnerable to supply
            interruption in the case of many of those minerals and
            materials essential to the Nation's defense and
            economic well-being;
              (3) together with increasing import dependence, the
            Nation's industrial base, including the capacity to
            process minerals and materials, is deteriorating--both
            in terms of facilities and in terms of a trained labor
            force;
              (4) research, development, and technological
            innovation, especially related to improved materials
            and new processing technologies, are important factors
            which affect our long-term capability for economic
            competitiveness, as well as for adjustment to
            interruptions in supply of critical minerals and
            material;
              (5) while other nations have developed and
            implemented specific long-term research and technology
            programs to develop high-performance materials, no such
            policy and program evolution has occurred in the United
            States;
              (6) establishing critical materials reserves, by both
            the public and private sectors and with proper
            organization and management, represents one means of
            responding to the genuine risks to our economy and
            national defense from dependency on foreign sources;
              (7) there exists no single Federal entity with the
            authority and responsibility for establishing critical
            materials policy and for coordinating and implementing
            that policy; and
              (8) the importance of materials to national goals
            requires an organizational means for establishing
            responsibilities for materials programs and for the
            coordination, within and at a suitable high level of
            the Executive Office of the President, with other
            existing policies within the Federal Government.
        (b) It is the purpose of this title--
              (1) to establish a National Critical Materials
            Council under and reporting to the Executive Office of
            the President which shall--
                      (A) establish responsibilities for and
                    provide for necessary coordination of critical
                    materials policies, including all facets of
                    research and technology, among the various
                    agencies and departments of the Federal
                    Government, and make recommendations for the
                    implementation of such policies;
                      (B) bring to the attention of the President,
                    the Congress, and the general public such
                    material issues and concerns, including
                    research and development, as are deemed
                    critical to the economic and strategic health
                    of the Nation; and
                      (C) ensure adequate and continuing
                    consultation with the private sector concerning
                    critical materials, materials research and
                    development, use of materials, Federal
                    materials policies, and related matters;
              (2) to establish a national Federal program for
            advanced materials research and technology, including
            basic phenomena through processing and manufacturing
            technology; and
              (3) to stimulate innovation and technology
            utilization in basic as well as advanced materials
            industries.

            establishment of the national critical materials council

        Sec. 203.\3\ There is hereby established a National
    Critical Materials Council (hereinafter referred to as the
    ``Council'') under and reporting to the Executive Office of the
    President. The Council shall be composed of three members \4\
    who shall be appointed by the President and who shall serve at
    the pleasure of the President. Members so appointed who are not
    already Senate-confirmed officers of the Government shall be
    appointed by and with the advice and consent of the Senate. The
    President shall designate one of the members to serve as
    Chairman. Each member shall be a person who, as a result of
    training, experience, and achievement, is qualified to carry
    out the duties and functions of the Council, with particular
    emphasis placed on fields relating to materials policy or
    materials science and engineering. In addition, at least one of
    the members shall have a background in and understanding of
    environmentally related issues.
    ---------------------------------------------------------------------------
        \3\ 30 U.S.C. 1802.
        \4\ Sec. 5182 of Public Law 100-418 (Omnibus Trade and
    Competitiveness Act of 1988; 102 Stat. 1454) contained the following
    provisions:
        ``(a) Requirement To Increase Staff.--Not later than 30 days after
    the date of the enactment of this Act, the Executive Director of the
    National Critical Materials Council shall increase the number of
    employees of the Council by the equivalent of 5 full-time employees
    over the number of employees of the Council on the date of the
    enactment of this Act.
        ``(b) Qualifications of Staff.--Not less than the equivalent of 4
    full-time employees appointed pursuant to subsection (a) shall be
    permanent professional employees who have expertise in technical fields
    that are relevant to the responsibilities of the National Critical
    Materials Council, such as materials science and engineering,
    environmental matters, minerals and natural resources, ceramic or
    composite engineering, metallurgy, and geology.''.
    ---------------------------------------------------------------------------

                responsibilities and authorities of the council

        Sec. 204.\5\ (a) It shall be the primary responsibility of
    the Council--
    ---------------------------------------------------------------------------
        \5\ 30 U.S.C. 1803.
    ---------------------------------------------------------------------------
              (1) to assist and advise the President in
            establishing coherent national materials policies
            consistent with other Federal policies, and making
            recommendations necessary to implement such policies;
              (2) to assist in establishing responsibilities for,
            and to coordinate, Federal materials-related policies,
            programs, and research and technology activities, as
            well as recommending to the Office of Management and
            Budget budget priorities for materials activities in
            each of the Federal departments and agencies;
              (3) to review and appraise the various programs and
            activities of the Federal Government in accordance with
            the policy and directions given in the National
            Materials and Minerals Policy, Research and Development
            Act of 1980 (30 U.S.C. 1601), and to determine the
            extent to which such programs and activities are
            contributing to the achievement of such policy and
            directions;
              (4) to monitor and evaluate the critical materials
            needs of basic and advanced technology industries and
            the Government, including the critical materials
            research and development needs of the private and
            public sectors;
              (5) to advise the President of mineral and material
            trends, both domestic and foreign, the implications
            thereof for the United States and world economies and
            the national security, and the probable effects of such
            trends on domestic industries;
              (6) to assess through consultation with the materials
            academic community, the adequacy and quality of
            materials-related educational institutions and the
            supply of materials scientists and engineers;
              (7) to make or furnish such studies, analyses,
            reports, and recommendations with respect to matters of
            materials related policy and legislation as the
            President may request;
              (8)(A) to prepare a report providing a domestic
            inventory of critical materials with projections on the
            prospective needs of Government and industry for these
            materials, including a longrange assessment, prepared
            in conjunction with the Office of Science and
            Technology Policy in accordance with the National
            Materials and Minerals Policy, Research and Development
            Act of 1980, and in conjunction with such other
            Government departments or agencies as may be considered
            necessary, of the prospective major critical materials
            problems which the United States is likely to confront
            in the immediate years ahead and providing advice as to
            how these problems may best be addressed, with the
            first such report being due on April 1, 1985, and (B)
            review and update such report and assessment as
            appropriate and report thereon to the Congress at least
            biennially; and
              (9) to recommend to the Congress such changes in
            current policies, activities, and regulations of the
            Federal Government, and such legislation, as may be
            considered necessary to carry out the intent of this
            title and the National Materials and Minerals Policy,
            Research and Development Act of 1980.
        (b) In carrying out its responsibilities under this section
    the Council shall have the authority--
              (1) to establish such special advisory panels as it
            considers necessary, with each such panel consisting of
            representatives of industry, academia, and other
            members of the private sector, not to exceed ten
            members, and being limited in scope of subject and
            duration; and
              (2) to establish and convene such Federal interagency
            committees as it considers necessary in carrying out
            the intent of this title.
        (c) In seeking to achieve the goals of this title and
    related Acts, the Council and other Federal departments and
    agencies with responsibilities or jurisdiction related to
    materials or materials policy, including the National Security
    Council, the Council on Environmental Quality, the Office of
    Management and Budget, and the Office of Science and Technology
    Policy, shall work collaboratively and in close cooperation.

       program and policy for advanced materials research and technology

        Sec. 205.\6\ (a) In addition to the responsibilities
    described in section 204, the Council shall be responsible for
    coordination with appropriate agencies and departments of the
    Federal Government relative to Federal materials research and
    development policies and programs. Such policies and programs
    shall be consistent with the policies and goals described in
    the National Materials and Minerals Policy, Research and
    Development Act of 1980. In carrying out this responsibility
    the Council shall--
    ---------------------------------------------------------------------------
        \6\ 30 U.S.C. 1804.
    ---------------------------------------------------------------------------
              (1)(A) establish a national Federal program plan \7\
            for advanced materials research and development,
            recommend the designation of the key responsibilities
            for carrying out such research, and to provide for
            coordination of this plan with the Office of Science
            and Technology Policy, the Office of Management and
            Budget, and such other Federal offices and agencies as
            may be deemed appropriate, and (B) annually review such
            plan and report thereon to the Congress;
    ---------------------------------------------------------------------------
        \7\ Sec. 5181 of Public Law 100-418 (Omnibus Trade and
    Competitiveness Act of 1988; 102 Stat. 1454) contained the following
    stipulation:
        ``The National Critical Materials Council shall prepare the
    national Federal program plan for advanced materials research and
    development under section 205(a)(1)(A) of the National Critical
    Materials Act of 1984 (Public Law 98-373; 98 Stat. 1251) and shall
    submit such plan to Congress not later than 180 days after the date of
    the enactment of this Act. The plan shall be submitted to the Committee
    on Science, Space, and Technology, as well as other appropriate
    committees, of the House of Representatives, and to the Committee on
    Governmental Affairs, as well as other appropriate committees, of the
    Senate.''.
    ---------------------------------------------------------------------------
              (2) review annually the materials research,
            development, and technology authorization requests and
            budgets of all Federal agencies and departments; and in
            this activity the Council shall make recommendations,
            in cooperation with the Office of Science and
            Technology Policy, the Office of Management and Budget,
            and all other Federal offices and agencies deemed
            appropriate, to ensure close coordination of the goals
            and directions of such programs with the policies
            determined by the Council; and
              (3) assist the Office of Science and Technology
            Policy in the preparation of such long-range materials
            assessments and reports as may be required by the
            National Materials and Minerals Policy, Research and
            Development Act of 1980, and assist other Federal
            entities in the preparation of analyses and reporting
            relating to critical and advanced materials.
        (b) The Office of Management and Budget, in reviewing the
    materials research, development, and technology authorization
    requests of the various Federal departments and agencies for
    any fiscal year, and the recommendations of the Council, shall
    consider all of such requests and recommendations as an
    integrated, coherent, multiagency request which shall be
    reviewed by the Office of Management and Budget for its
    adherence to the national Federal materials program plan in
    effect for such fiscal year under subsection (a).

             innovation in basic and advanced materials industries

        Sec. 206.\8\ (a)(1) In order to promote the use of more
    cost-effective, advanced technology and other means of
    providing for innovation and increased productivity within the
    basic and advanced materials industries, the Council shall
    evaluate and make recommendations regarding the establishment
    of Centers for Industrial Technology as provided in Public Law
    96-480 (15 U.S.C. 3705).
    ---------------------------------------------------------------------------
        \8\ 30 U.S.C. 1805.
    ---------------------------------------------------------------------------
        (2) The activities of such Centers shall focus on, but not
    be limited to, the following generic materials areas:
    corrosion; welding and joining of materials; advanced
    processing and fabrication technologies; microfabrication; and
    fracture and fatigue.
        (b) In order to promote better use and innovation of
    materials in design for improved safety or efficiency, the
    Council shall establish in cooperation with the appropriate
    Federal agencies and private industry, an effective mechanism
    for disseminating materials property data in an efficient and
    timely manner. In carrying out this responsibility, the Council
    shall consider, where appropriate, the establishment of a
    computerized system taking into account, to the maximum extent
    practicable, existing available resources.

                   compensation of members and reimbursements

        Sec. 207.\9\ (a) The Chairman of the Council, if not
    otherwise a paid officer or employee of the Federal Government,
    shall be paid at the rate not to exceed the rate of basic pay
    provided for level II of the Executive Schedule. The other
    members of the Council, if not otherwise paid officers or
    employees of the Federal Government, shall be paid at a per
    diem rate comparable to the rate not to exceed the rate of
    basic pay provided for level III of the Executive Schedule.
    ---------------------------------------------------------------------------
        \9\ 30 U.S.C. 1806.
    ---------------------------------------------------------------------------
        (b) Subject to existing law and regulations governing
    conflicts of interest, the Council may accept reimbursement
    from any private nonprofit organization or from any department,
    agency, or instrumentality of the Federal Government, or from
    any State or local government, for reasonable travel expenses
    incurred by any member or employee of the Council in connection
    with such member's or employee's attendance at any conference,
    seminar, or similar meeting.

                 position and authorities of executive director

        Sec. 208.\10\ (a) There shall be an Executive Director
    (hereinafter referred to as the ``Director''), who shall be
    chief administrator of the Council. The Director shall be
    appointed by the Council full time and shall be paid at the
    rate not to exceed the rate of basic pay provided for level III
    of the Executive Schedule.
    ---------------------------------------------------------------------------
        \10\ 30 U.S.C. 1807.
    ---------------------------------------------------------------------------
        (b) The Director is authorized--
              (1) to employ such personnel as may be necessary for
            the Council to carry out its duties and functions under
            this title, but not to exceed twelve compensated
            employees;
              (2) to obtain the services of experts and consultants
            in accordance with the provisions of section 3109 of
            title 5, United States Code; and
              (3) to develop, subject to approval by the Council,
            rules and regulations necessary to carry out the
            purposes of this title.
        (c) In exercising his responsibilities and duties under
    this title, the Director--
              (1) may consult with representatives of academia,
            industry, labor, State and local governments, and other
            groups; and
              (2) shall utilize to the fullest extent possible the
            services, facilities, and information (including
            statistical information) of public and private
            agencies, organizations, and individuals.
        (d) Notwithstanding section 367(b) of the Revised Statutes
    (31 U.S.C. 665(b)), the Council may utilize voluntary and
    uncompensated labor and services in carrying out its duties and
    functions.

                  responsibilities and duties of the director

        Sec. 209.\11\ In carrying out his functions the Director
    shall assist and advise the Council on policies and programs of
    the Federal Government affecting critical and advanced
    materials by--
    ---------------------------------------------------------------------------
        \11\ 30 U.S.C. 1808.
    ---------------------------------------------------------------------------
              (1) providing the professional and administrative
            staff and support for the Council;
              (2) assisting the Federal agencies and departments in
            appraising the effectiveness of existing and proposed
            facilities, programs, policies, and activities of the
            Federal Government, including research and development,
            which affect critical materials availability and needs;
              (3) cataloging, as fully as possible, research and
            development activities of the Government, private
            industry, and public and private institutions; and
              (4) initiating Government and private studies and
            analyses, including those to be conducted by or under
            the auspices of the Council, designed to advance
            knowledge of critical or advanced materials issues and
            develop alternative proposals, including research and
            development, to resolve national critical materials
            problems.

                                   authority

        Sec. 210.\12\ The Council is authorized--
    ---------------------------------------------------------------------------
        \12\ 30 U.S.C. 1809.
    ---------------------------------------------------------------------------
              (1) to establish such internal rules and regulations
            as may be necessary for its operation;
              (2) to enter into contracts and acquire materials and
            supplies necessary for its operation to such extent or
            in such amounts as are provided for in appropriation
            Acts;
              (3) to publish, consistent with title 44 of the
            United States Code, or arrange to publish critical
            materials information that it deems to be useful to the
            public and private industry to the extent that such
            publication is consistent with the national defense and
            economic interest;
              (4) to utilize such services or personnel as may be
            provided to the Council on a nonreimbursable \13\ basis
            by any agency of the United States; and
    ---------------------------------------------------------------------------
        \13\ Sec. 5183 of Public Law 100-418 (102 Stat. 1454) struck out
    ``reimbursable'' and inserted in lieu thereof ``nonreimbursable''.
    ---------------------------------------------------------------------------
              (5) to exercise such authorities as may be necessary
            and incidental to carrying out its responsibilities and
            duties under this title.

                        authorization of appropriations

        Sec. 211.\14\ There are hereby authorized to be
    appropriated to carry out the provisions of this title a sum
    not to exceed $500,000 for the fiscal year ending September 30,
    1985, and such sums as may be necessary thereafter: Provided,
    That the authority provided for in this title shall expire on
    September 30, 1992,\15\ unless otherwise authorized by
    Congress.
    ---------------------------------------------------------------------------
        \14\ 30 U.S.C. 1810.
        \15\ Sec. 5184 of Public Law 100-418 (102 Stat. 1454) struck out
    ``1990'' and inserted in lieu thereof ``1992''.
    ---------------------------------------------------------------------------

                                   definition

        Sec. 212. As used in this title, the term ``materials'' has
    the meaning given it by section 2(b) of the National Materials
    and Minerals Policy, Research and Development Act of 1980.\16\
    ---------------------------------------------------------------------------
        \16\ Sec. 2(b) of such Act reads as follows:
        ``(b) As used in this Act, the term materials means substances,
    including minerals, of current or potential use that will be needed to
    supply the industrial, military, and essential civilian needs of the
    United States in the production of goods or services, including those
    which are primarily imported or for which there is a prospect of
    shortages or uncertain supply, or which present opportunities in terms
    of new physical properties, use, recycling, disposal or substitution,
    with the exclusion of food and energy fuels used as such.''.
                 c. International Coffee Agreement Act of 1980

      Public Law 96-599 [H.R. 3637], 94 Stat. 3491, approved December 24,
    1980; as amended by Public Law 97-276 [Continuing Appropriations, 1983;
    H.J. Res. 599], 96 Stat. 1186 at 1204, approved October 2, 1982; Public
      Law 97-446 [H.R. 4566], 96 Stat. 2329 at 2345, approved January 12,
    1983; Public Law 98-120 [H.R. 3813], 97 Stat. 809, approved October 12,
    1983; and Public Law 100-418 [Omnibus Trade and Competitiveness Act of
           1988; H.R. 4848], 102 Stat. 1107, approved August 23, 1988

      AN ACT To carry out the obligations of the United States under the
    International Coffee Agreement of 1976, signed at New York on February
     27, 1976, and entered into force for the United States on October 1,
                         1976, 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. This Act may be cited as the ``International
    Coffee Agreement Act of 1980''.\1\
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 1356k.
    ---------------------------------------------------------------------------

       importation of coffee under international coffee agreement 1976;
                         presidential powers and duties

        Sec. 2. On and after the entry into force of the
    International Coffee Agreement 1983,\2\ and before October 1,
    1989,\3\ as the agreement remains in effect, the President is
    authorized, in order to carry out and enforce the provisions of
    that agreement--
    ---------------------------------------------------------------------------
        \2\ Sec. 1 of Public Law 98-120 (97 Stat. 809) struck out a
    reference to 1976 and inserted in lieu thereof the reference to 1983.
        \3\ Sec. 1123(a) of Public Law 100-418 (Omnibus Trade and
    Competitiveness Act of 1988; 102 Stat. 1146) extended this date to
    1989. Previously, sec. 1(2) of Public Law 98-120 (97 Stat. 809) had
    struck out ``for such period prior to October 1, 1983'' and inserted in
    lieu thereof ``before October 1, 1986''. Other extensions had been made
    by sec. 154 of Public Law 97-446 (96 Stat. 2345) which extended the
    date until October 1, 1983; and prior to that, by sec. 161 of the
    Continuing Appropriations Act, 1983 (Public Law 97-276; 96 Stat. 1204),
    which extended the date from October 1, 1982, until ``the expiration of
    this joint resolution'' (December 17, 1982).
        Sec. 1123(b) of Public Law 100-418 further stated that the
    amendment made by subsec. (a) shall take effect on January 1, 1987.
    ---------------------------------------------------------------------------
              (1) to regulate the entry of coffee for consumption,
            or withdrawal of coffee from warehouse for consumption,
            or any other form of entry or withdrawal of coffee such
            as for transportation or exportation, including
            whenever quotas are in effect pursuant to the
            agreement, (A) the limitation of entry, or withdrawal
            from warehouse, of coffee imported from countries which
            are not members of the International Coffee
            Organization, and (B) the prohibition of entry of any
            shipment from any member of the International Coffee
            Organization of coffee which is not accompanied either
            by a valid certificate of origin, a valid certificate
            of reexport, a valid certificate of reshipment, or a
            valid certificate of transit, issued by a qualified
            agency in such form as required under the agreement.
              (2) to require that every export or reexport of
            coffee from the United States shall be accompanied by a
            valid certificate of origin or a valid certificate of
            reexport, issued by a qualified agency of the United
            States designated by him, in such form as required
            under the agreement;
              (3) to require the keeping of such records,
            statistics, and other information, and the rendering of
            such reports, relating to the importation,
            distribution, prices, and consumption of coffee as he
            may from time to time prescribe; and
              (4) to take such other action, and issue and enforce
            such rules and regulations, as he may consider
            necessary or appropriate in order to implement the
            obligations of the United States under the agreement.

                              definition of coffee

        Sec. 3. As used in this Act, the term ``coffee'' means
    coffee as defined in article 3 of the International Coffee
    Agreement 1983.\2\

     delegation of presidential powers and duties; protection of interests
                  of united states consumers; remedial action

        Sec. 4. The President may exercise any powers and duties
    conferred on him by sections 2 through 5 of this Act through
    such agency or officer as he shall direct. The powers and
    duties conferred by section 2 through 5 of this Act shall be
    exercised in the manner the President considers appropriate to
    protect the interest of United States consumers. In the event
    the President determines that there has been an unwarranted
    increase in the price of coffee due in whole or in part to the
    International Coffee Agreement, or to market manipulation by
    two or more members of the International Coffee Organization,
    the President shall request the International Coffee Council or
    the Executive Board to increase supplies of coffee available to
    world markets by suspending coffee export quotas and to take
    any other appropriate action. At the same time he shall report
    his determination to the Congress. In the event the
    International Coffee Council has failed to take corrective
    action to remedy the situation within a reasonable time after
    such request the President shall submit to the Congress such
    recommendations as he may consider appropriate to correct the
    situation. In the event that members of the International
    Coffee Organization involved in market manipulation which has
    resulted in price increases have failed to remedy the situation
    within a reasonable time after a request for remedy, the
    exercise of the authority set forth in section 2 of this Act
    shall be suspended until the President determines that
    effective market manipulation activities have ceased.

                             report to the congress

        Sec. 5. The President shall submit to the Congress an
    annual report on the International Coffee Agreement 1983.\2\
    Such report shall contain full information on the operation of
    such agreement, including full information with respect to the
    general level of prices of coffee and matters pertaining to the
    transportation of coffee from exporting countries to the United
    States. The report shall also include a summary of the actions
    the United States and the International Coffee Organization
    have taken to protect the interest of United States consumers.
     d. International Natural Rubber Agreement Appropriation Authorization

       Public Law 96-271 [S. 2666], 94 Stat. 499, approved June 16, 1980

    AN ACT To authorize appropriations for the International Natural Rubber
                        Agreement for fiscal year 1981.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That in
    order to meet the obligations of the United States as a member
    of the International Natural Rubber Organization established by
    the International Natural Rubber Agreement, there is authorized
    to be appropriated for the fiscal year 1981 $88,000,000 for the
    payment of contributions by the United States to the buffer
    stock account established by the agreement. Funds appropriated
    under this Act are authorized to remain available during the
    period in which the International Natural Rubber Agreement
    remains in effect with respect to the United States.
             e. International Sugar Agreement, 1977, Implementation

     Public Law 96-236 [H.R. 6029], 94 Stat. 336, approved April 22, 1980;
      as amended by Public Law 97-446 [H.R. 4566], 96 Stat. 2329 at 2344,
    approved January 12, 1983; and Public Law 105-277 [H.R. 4328; 112 Stat.
                      2681-817], approved October 21, 1998

      AN ACT Providing for the implementation of the International Sugar
                    Agreement, 1977, 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.\1\ DEFINITIONS.

        For purposes of this Act--
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 3601. Executive Order 12224 (July 1, 1980; 45 F.R.
    45243) delegated functions vested in the President by this Act to the
    United States Trade Representative, in consultation with the Secretary
    of Agriculture and the Secretary of State.
    ---------------------------------------------------------------------------
              (1) The term ``Agreement'' means the International
            Sugar Agreement, 1977, signed at New York City on
            December 9, 1977.
              (2) The term ``sugar'' has the same meaning as is
            given to such term in paragraph (12) of Article 2 of
            the Agreement.
              (3) The term ``entry'' means entry, or withdrawal
            from warehouse, for consumption in the customs
            territory of the United States.

    SEC. 2.\2\ IMPLEMENTATION OF AGREEMENT.

        On and after the entering into force of the Agreement with
    respect to the United States, and for such period before
    January 1, 1985,\3\ as the Agreement remains in force, the
    President may, in order to carry out and enforce the provisions
    of the Agreement--
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 3602.
        \3\ Sec. 153 of Public Law 97-446 (96 Stat. 2344) extended this
    date from January 1, 1983, to January 1, 1985.
    ---------------------------------------------------------------------------
              (1) regulate the entry of sugar by appropriate means,
            including, but not limited to--
                      (A) the imposition of limitations on the
                    entry of sugar which is the product of foreign
                    countries, territories, or areas not members of
                    the International Sugar Organization, and
                      (B) the prohibition of the entry of any
                    shipment or quantity of sugar not accompanied
                    by a valid certificate of contribution or such
                    other documentation as may be required under
                    the Agreement;
              (2) require of appropriate persons the keeping of
            such records, statistics, and other information, and
            the submission of such reports, relating to the entry,
            distribution, prices, and consumption of sugar and
            alternative sweeteners as he may from time to time
            prescribe; and
              (3) take such other action, and issue and enforce
            such rules or regulations, as he may consider necessary
            or appropriate in order to implement the rights and
            obligations of the United States under the Agreement.

    SEC. 3.\4\ DELEGATION OF POWERS AND DUTIES.

        The President may exercise any power or duty conferred on
    him by this Act through such agencies or offices of the United
    States as he shall designate. Such agencies or offices shall
    issue such regulations as they determine are necessary to
    implement this Act.
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 3603.
    ---------------------------------------------------------------------------

    SEC. 4.\5\ CRIMINAL OFFENSES.

        Any person who--
    ---------------------------------------------------------------------------
        \5\ 7 U.S.C. 3604.
    ---------------------------------------------------------------------------
              (1) knowingly fails to keep any information, or to
            submit any report, required under section 2;
              (2) submits any report under section 2 knowing that
            the report or any part thereof is false; or
              (3) knowingly violates any rule or regulation issued
            to carry out this Act;
    is guilty of an offense and upon conviction thereof is
    punishable by a fine of not more than $1,000.
    ---------------------------------------------------------------------------
        \6\ 7 U.S.C. 3605. Sec. 2219(a)(5) of Public Law 105-277 (112 Stat
    2681-817) repealed sec. 5, which formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 5. report to congress.
    ---------------------------------------------------------------------------

        ``The President shall submit to Congress, on or before May 1 and
    November 1 of each year, a report on the operation and effect of the
    agreement during the immediately preceding six-month period. Unless
    otherwise published on a regular basis by an agency of the United
    States, the report shall contain, but not be limited to--
    ---------------------------------------------------------------------------

      ``(1) information with respect to world and domestic sugar demand,
    supplies, and prices during the period concerned;

      ``(2) projections with respect to world and domestic sugar demand,
    supplies, and prices; and

      ``(3) a summary of the international and domestic actions taken during
    the period concerned under the Agreement and under domestic legislation to
    protect the interests of United States consumers and producers of sugar.''.
    ---------------------------------------------------------------------------

        \7\ 7 U.S.C. 3606. Sec. 101(g) of the Federal Reports Elimination
    Act of 1998 (Public Law 105-362; 112 Stat. 3281) repealed sec. 6, which
    formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 6. protection of interests of united states consumers.
    ---------------------------------------------------------------------------

        ``The powers and duties conferred by sections 2 and 3 shall be
    exercised in the manner the President considers appropriate to protect
    the interests of United States consumers. If the President determines
    that there has been an unwarranted increase in the price of sugar due
    in whole or in part to the Agreement, or to market manipulation by two
    or more members of the International Sugar Organization, the President
    shall request the International Sugar Council or the Executive
    Committee to increase supplies of sugar available to world markets by
    suspending sugar export quotas or to take any other appropriate action,
    and, at the same time, shall report that determination to the Congress.
    If the International Sugar Council fails to take corrective action to
    remedy the situation within a reasonable time after such request, the
    President shall submit to the Congress such recommendations as he may
    consider appropriate to correct the situation. In the event that
    members of the International Sugar Organization involved in market
    manipulation which has resulted in price increases have failed to
    remedy the situation within a reasonable time after a request for
    remedy, the exercise of the authority set forth in section 2 shall be
    suspended until the President determines that effective market
    manipulation activities have ceased.''.
    ---------------------------------------------------------------------------

    SEC. 5.\6\ * * * [REPEALED--1998]

    SEC. 6.\7\ * * * [REPEALED--1998]
     f. Strategic and Critical Materials Transaction Authorization Act of
                                      1979

    Public Law 96-175 [H.R. 595], 93 Stat. 1289, approved December 29, 1979

    AN ACT To authorize certain transactions involving the acquisition and
     disposal of strategic and critical materials for the National Defense
                                   Stockpile.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Strategic and Critical Materials
    Transaction Authorization Act of 1979''.
        Sec. 2. There is authorized to be appropriated the sum of
    $237,000,000 for the acquisition of strategic and critical
    materials under section 6(a) of the Strategic and Critical
    Materials Stock Piling Act (50 U.S.C. 98e). Before any
    acquisition using funds appropriated under the authorization of
    this section may be carried out, a list of the materials to be
    acquired shall be submitted to the Committees on Armed Services
    of the Senate and House of Representatives, and such
    acquisition may not then be carried out until the end of the
    60-day period beginning on the date such list is received by
    such committees.
        Sec. 3. The President is hereby authorized to dispose of
    materials determined to be excess to the current requirements
    of the National Defense Stockpile in the following quantities:
              (1) 35,000 long tons of tin.
              (2) 3,000,000 carats of industrial diamond stones.
              (3) 5,000,000 troy ounces of silver.
        Sec. 4. Any acquisition using funds appropriated under the
    authorization of section 2, and any disposal under the
    authority of section 3, shall be carried out in accordance with
    the provisions of the Strategic and Critical Materials Stock
    Piling Act (50 U.S.C. 98 et seq.).
        Sec. 5. The President, on behalf of the United States,\1\
    is authorized to contribute (from the amount of tin authorized
    to be disposed of under section 3(1)) up to 5,000 long tons of
    tin to the Tin Buffer Stock established under the Fifth
    International Tin Agreement. Upon the termination of such
    agreement in 1981, all proceeds generated from such
    contribution shall be remitted to the National Defense
    Stockpile Transaction Fund established by section 9 of the
    Strategic and Critical Materials Stock Piling Act (50 U.S.C.
    98h).
    ---------------------------------------------------------------------------
        \1\ The functions vested in the President by sec. 5 were delegated
    to the United States Trade Representative pursuant to Executive Order
    12263 (January 8, 1981; 46 F.R. 2315). Subsequently, Executive Order
    12553 (February 25, 1986; 51 F.R. 7237) revoked Executive Order 12263.
                         10. Foreign Corrupt Practices

                    a. Foreign Corrupt Practices Act of 1977

      Partial text of Public Law 95-213 [S. 305], 91 Stat. 1494, approved
    December 19, 1977; as amended by Public Law 100-418 [Omnibus Trade and
       Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, approved
      August 23, 1988; Public Law 103-322 [Violent Crime Control and Law
    Enforcement Act of 1994; H.R. 3355], 108 Stat. 1796, approved September
       13, 1994; and Public Law 105-366 [International Bribery and Fair
     Competition Act of 1998; S. 2375], 112 Stat. 3302, approved November
                                    10, 1998

    AN ACT To amend the Securities Exchange Act of 1934 to make it unlawful
     for an issuer of securities registered pursuant to section 12 of such
    Act or an issuer required to file reports pursuant to section 15(d) of
       such Act to make certain payments to foreign officials and other
    foreign persons, to require such issuers to maintain accurate records,
                            and for other purposes.

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

                       TITLE I--FOREIGN CORRUPT PRACTICES

                                  short title

        Sec. 101.\1\ This title may be cited as the ``Foreign
    Corrupt Practices Act of 1977''.
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 78a note.
    ---------------------------------------------------------------------------
              * * * * * * *

            prohibited foreign trade practices by domestic concerns

      Sec. 104.\2\ (a) Prohibition.--It shall be unlawful for any
    domestic concern, other than an issuer which is subject to
    section 30A of the Securities Exchange Act of 1934, or for any
    officer, director, employee, or agent of such domestic concern
    or any stockholder thereof acting on behalf of such domestic
    concern, to make use of the mails or any means or
    instrumentality of interstate commerce corruptly in furtherance
    of an offer, payment, promise to pay, or authorization of the
    payment of any money, or offer, gift, promise to give, or
    authorization of the giving of anything of value to--
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 78dd-2. Sec. 5003(c) of Public Law 100-418 (Omnibus
    Trade and Competitiveness Act of 1988; 102 Stat. 1419) amended and
    restated sec. 104.
    ---------------------------------------------------------------------------
              (1) any foreign official for purposes of--
                      (A) \3\ (i) influencing any act or decision
                    of such foreign official in his official
                    capacity, or (ii) inducing such foreign
                    official to do or omit to do any act in
                    violation of the lawful duty of such official,
                    or (iii) securing any improper advantage; or
    ---------------------------------------------------------------------------
        \3\ Sec. 3(a)(1) of Public Law 105-366 (112 Stat. 3304) amended and
    restated para. (A) and added subclause (iii).
    ---------------------------------------------------------------------------
                      (B) inducing such foreign official to use his
                    influence with a foreign government or
                    instrumentality thereof to affect or influence
                    any act or decision of such government or
                    instrumentality,
            in order to assist such domestic concern in obtaining
            or retaining business for or with, or directing
            business to, any person;
              (2) any foreign political party or official thereof
            or any candidate for foreign political office for
            purposes of--
                      (A) \4\ (i) influencing any act or decision
                    of such party, official, or candidate in its or
                    his official capacity, or (ii) inducing such
                    party, official, or candidate to do or omit to
                    do an act in violation of the lawful duty of
                    such party, official, or candidate, or (iii)
                    securing any improper advantage; or
    ---------------------------------------------------------------------------
        \4\ Sec. 3(a)(2) of Public Law 105-366 (112 Stat. 3304) amended and
    restated para. (A) and added subclause (iii).
    ---------------------------------------------------------------------------
                      (B) inducing such party, official, or
                    candidate to use its or his influence with a
                    foreign government or instrumentality thereof
                    to affect or influence any act or decision of
                    such government or instrumentality,
            in order to assist such domestic concern in obtaining
            or retaining business for or with, or directing
            business to, any person; or
              (3) any person, while knowing that all or a portion
            of such money or thing of value will be offered, given,
            or promised, directly or indirectly, to any foreign
            official, to any foreign political party or official
            thereof, or to any candidate for foreign political
            office, for purposes of--
                      (A)\5\ (i) influencing any act or decision of
                    such foreign official, political party, party
                    official, or candidate in his or its official
                    capacity, or (ii) inducing such foreign
                    official, political party, party official, or
                    candidate to do or omit to do any act in
                    violation of the lawful duty of such foreign
                    official, political party, party official, or
                    candidate, or (iii) securing any improper
                    advantage; or
    ---------------------------------------------------------------------------
        \5\ Sec. 3(a)(3) of Public Law 105-366 (112 Stat. 3304) amended and
    restated para. (A) and added subclause (iii).
    ---------------------------------------------------------------------------
                      (B) inducing such foreign official, political
                    party, party official, or candidate to use his
                    or its influence with a foreign government or
                    instrumentality thereof to affect or influence
                    any act or decision of such government or
                    instrumentality,
            in order to assist such domestic concern \6\ in
            obtaining or retaining business for or with, or
            directing business to, any person.
    ---------------------------------------------------------------------------
        \6\ Sec. 330005 of Public Law 103-322 (108 Stat. 2142) struck out
    ``issuer'' and inserted in lieu thereof ``domestic concern''.
    ---------------------------------------------------------------------------
      (b) Exception for Routine Governmental Action.--Subsections
    (a) and (i) \7\ shall not apply to any facilitating or
    expediting payment to a foreign official, political party, or
    party official the purpose of which is to expedite or to secure
    the performance of a routine governmental action by a foreign
    official, political party, or party official.
    ---------------------------------------------------------------------------
        \7\ Sec. 3(d)(2) of Public Law 105-366 (112 Stat. 3305) struck out
    ``Subsection (a)'' and inserted in lieu thereof ``Subsections (a) and
    (i)''.
    ---------------------------------------------------------------------------
      (c) Affirmative Defenses.--It shall be an affirmative defense
    to actions under subsections (a) and (i) \8\ that--
    ---------------------------------------------------------------------------
        \8\ Sec. 3(d)(3) of Public Law 105-366 (112 Stat. 3305) struck out
    ``subsection (a)'' and inserted in lieu thereof ``subsections (a) and
    (i)''.
    ---------------------------------------------------------------------------
              (1) the payment, gift, offer, or promise of anything
            of value that was made, was lawful under the written
            laws and regulations of the foreign official's,
            political party's, party official's, or candidate's
            country; or
              (2) the payment, gift, offer, or promise of anything
            of value that was made, was a reasonable and bona fide
            expenditure, such as travel and lodging expenses,
            incurred by or on behalf of a foreign official, party,
            party official, or candidate and was directly related
            to--
                      (A) the promotion, demonstration, or
                    explanation of products or services; or
                      (B) the execution or performance of a
                    contract with a foreign government or agency
                    thereof.
      (d) Injunctive Relief.--(1) When it appears to the Attorney
    General that any domestic concern to which this section
    applies, or officer, director, employee, agent, or stockholder
    thereof, is engaged, or about to engage, in any act or practice
    constituting a violation of subsections (a) and (i) \9\ of this
    section, the Attorney General may, in his discretion, bring a
    civil action in an appropriate district court of the United
    States to enjoin such act or practice, and upon a proper
    showing, a permanent injunction or a temporary restraining
    order shall be granted without bond.
    ---------------------------------------------------------------------------
        \9\ Sec. 3(d)(4) of Public Law 105-366 (112 Stat. 3305) struck out
    ``subsection (a)'' and inserted in lieu thereof ``subsections (a) and
    (i)''.
    ---------------------------------------------------------------------------
      (2) For the purpose of any civil investigation which, in the
    opinion of the Attorney General, is necessary and proper to
    enforce this section, the Attorney General or his designee are
    empowered to administer oaths and affirmations, subpoena
    witnesses, take evidence, and require the production of any
    books, papers, or other documents which the Attorney General
    deems relevant or material to such investigation. The
    attendance of witnesses and the production of documentary
    evidence may be required from any place in the United States,
    or any territory, possession, or commonwealth of the United
    States, at any designated place of hearing.
      (3) In case of contumacy by, or refusal to obey a subpoena
    issued to, any person, the Attorney General may invoke the aid
    of any court of the United States within the jurisdiction of
    which such investigation or proceeding is carried on, or where
    such person resides or carries on business, in requiring the
    attendance and testimony of witnesses and the production of
    books, papers, or other documents. Any such court may issue an
    order requiring such person to appear before the Attorney
    General or his designee, there to produce records, if so
    ordered, or to give testimony touching the matter under
    investigation. Any failure to obey such order of the court may
    be punished by such court as a contempt thereof. All process in
    any such case may be served in the judicial district in which
    such person resides or may be found. The Attorney General may
    make such rules relating to civil investigations as may be
    necessary or appropriate to implement the provisions of this
    subsection.
      (e) Guidelines by the Attorney General.--Not later than 6
    months after the date of the enactment of the Foreign Corrupt
    Practices Act Amendments of 1988, the Attorney General, after
    consultation with the Securities and Exchange Commission, the
    Secretary of Commerce, the United States Trade Representative,
    the Secretary of State, and the Secretary of the Treasury, and
    after obtaining the views of all interested persons through
    public notice and comment procedures, shall determine to what
    extent compliance with this section would be enhanced and the
    business community would be assisted by further clarification
    of the preceding provisions of this section and may, based on
    such determination and to the extent necessary and appropriate,
    issue--
              (1) guidelines describing specific types of conduct,
            associated with common types of export sales
            arrangements and business contracts, which for purposes
            of the Department of Justice's present enforcement
            policy, the Attorney General determines would be in
            conformance with the preceding provisions of this
            section; and
              (2) general precautionary procedures which domestic
            concerns may use on a voluntary basis to conform their
            conduct to the Department of Justice's present
            enforcement policy regarding the preceding provisions
            of this section.
    The Attorney General shall issue the guidelines and procedures
    referred to in the preceding sentence in accordance with the
    provisions of subchapter II of chapter 5 of title 5, United
    States Code, and those guidelines and procedures shall be
    subject to the provisions of chapter 7 of that title.
      (f) Opinions of the Attorney General.--(1) The Attorney
    General, after consultation with appropriate departments and
    agencies of the United States and after obtaining the views of
    all interested persons through public notice and comment
    procedures, shall establish a procedure to provide responses to
    specific inquiries by domestic concerns concerning conformance
    of their conduct with the Department of Justice's present
    enforcement policy regarding the preceding provisions of this
    section. The Attorney General shall, within 30 days after
    receiving such a request, issue an opinion in response to that
    request. The opinion shall state whether or not certain
    specified prospective conduct would, for purposes of the
    Department of Justice's present enforcement policy, violate the
    preceding provisions of this section. Additional requests for
    opinions may be filed with the Attorney General regarding other
    specified prospective conduct that is beyond the scope of
    conduct specified in previous requests. In any action brought
    under the applicable provisions of this section, there shall be
    a rebuttable presumption that conduct, which is specified in a
    request by a domestic concern and for which the Attorney
    General has issued an opinion that such conduct is in
    conformity with the Department of Justice's present enforcement
    policy, is in compliance with the preceding provisions of this
    section. Such a presumption may be rebutted by a preponderance
    of the evidence. In considering the presumption for purposes of
    this paragraph, a court shall weigh all relevant factors,
    including but not limited to whether the information submitted
    to the Attorney General was accurate and complete and whether
    it was within the scope of the conduct specified in any request
    received by the Attorney General. The Attorney General shall
    establish the procedure required by this paragraph in
    accordance with the provisions of subchapter II of chapter 5 of
    title 5, United States Code, and that procedure shall be
    subject to the provisions of chapter 7 of that title.
      (2) Any document or other material which is provided to,
    received by, or prepared in the Department of Justice or any
    other department or agency of the United States in connection
    with a request by a domestic concern under the procedure
    established under paragraph (1), shall be exempt from
    disclosure under section 552 of title 5, United States Code,
    and shall not, except with the consent of the domestic concern,
    be made publicly available, regardless of whether the Attorney
    General responds to such a request or the domestic concern
    withdraws such request before receiving a response.
      (3) Any domestic concern who has made a request to the
    Attorney General under paragraph (1) may withdraw such request
    prior to the time the Attorney General issues an opinion in
    response to such request. Any request so withdrawn shall have
    no force or effect.
      (4) The Attorney General shall, to the maximum extent
    practicable, provide timely guidance concerning the Department
    of Justice's present enforcement policy with respect to the
    preceding provisions of this section to potential exporters and
    small businesses that are unable to obtain specialized counsel
    on issues pertaining to such provisions. Such guidance shall be
    limited to responses to requests under paragraph (1) concerning
    conformity of specified prospective conduct with the Department
    of Justice's present enforcement policy regarding the preceding
    provisions of this section and general explanations of
    compliance responsibilities and of potential liabilities under
    the preceding provisions of this section.
      (g) Penalties.\10\--(1)(A) Any domestic concern that is not a
    natural person and that violates subsection (a) or (i) shall be
    fined not more than $2,000,000.
    ---------------------------------------------------------------------------
        \10\ Sec. 3(b)(1) of Public Law 105-366 (112 Stat. 3304) amended
    subsec. (g). The subsection previously read as follows:
        ``(g) Penalties.--(1)(A) Any domestic concern that violates
    subsection (a) of this section shall be fined not more than $2,000,000.
        ``(B) Any domestic concern that violates subsection (a) of this
    section shall be subject to a civil penalty of not more than $10,000
    imposed in an action brought by the Attorney General.''.
    ---------------------------------------------------------------------------
      (B) Any domestic concern that is not a natural person and
    that violates subsection (a) or (i) of this section shall be
    subject to a civil penalty of not more than $10,000 imposed in
    an action brought by the Attorney General.
      (2)(A) \11\ Any natural person that is an officer, director,
    employee, or agent of a domestic concern, or stockholder acting
    on behalf of such domestic concern, who willfully violates
    subsection (a) or (i) shall be fined not more than $100,000, or
    imprisoned not more than 5 years, or both.
    ---------------------------------------------------------------------------
        \11\ Sec. 3(b)(2) of Public Law 105-366 (112 Stat. 3304) amended
    para. (2). The paragraph previously read as follows:
        ``(2)(A) Any officer or director of a domestic concern, or
    stockholder acting on behalf of such domestic concern, who willfully
    violates subsection (a) shall be fined not more than $100,000, or
    imprisoned not more than 5 years, or both.
        ``(B) Any employee or agent of a domestic concern who is a United
    States citizen, national, or resident or is otherwise subject to the
    jurisdiction of the United States (other than an officer, director, or
    stockholder acting on behalf of such domestic concern), and who
    willfully violates subsection (a), shall be fined not more than
    $100,000, or imprisoned not more than 5 years, or both.
        ``(C) Any officer, director, employee, or agent of a domestic
    concern, or stockholder acting on behalf of such domestic concern, who
    violates subsection (a) shall be subject to a civil penalty of not more
    than $10,000 imposed in an action brought by the Attorney General.''.
    ---------------------------------------------------------------------------
      (B) Any natural person that is an officer, director,
    employee, or agent of a domestic concern, or stockholder acting
    on behalf of such domestic concern, who violates subsection (a)
    or (i) of this section shall be subject to a civil penalty of
    not more than $10,000 imposed in an action brought by the
    Attorney General.
      (3) Whenever a fine is imposed under paragraph (2) upon any
    officer, director, employee, agent, or stockholder of a
    domestic concern, such fine may not be paid, directly or
    indirectly, by such domestic concern.
      (h) Definitions.--For purposes of this section:
              (1) The term ``domestic concern'' means--
                      (A) any individual who is a citizen,
                    national, or resident of the United States; and
                      (B) any corporation, partnership,
                    association, joint-stock company, business
                    trust, unincorporated organization, or sole
                    proprietorship which has its principal place of
                    business in the United States, or which is
                    organized under the laws of a State of the
                    United States or a territory, possession, or
                    commonwealth of the United States.
              (2)(A) \12\ The term ``foreign official'' means any
            officer or employee of a foreign government or any
            department, agency, or instrumentality thereof, or of a
            public international organization, or any person acting
            in an official capacity for or on behalf of any such
            government or department, agency, or instrumentality,
            or for or on behalf of any such public international
            organization.
    ---------------------------------------------------------------------------
        \12\ Sec. 3(c) of Public Law 105-366 (112 Stat. 3305) amended para.
    (2), which previously read as follows:
    ---------------------------------------------------------------------------

      ``(2) The term ``foreign official'' means any officer or employee of a
    foreign government or any department, agency, or instrumentality thereof,
    or any person acting in an official capacity for or on behalf of any such
    government or department, agency, or instrumentality.''.

              (B) For purposes of subparagraph (A), the term
            ``public international organization'' means
                      (i) an organization that is designated by
                    Executive order pursuant to section 1 of the
                    International Organizations Immunities Act (22
                    U.S.C. 288); or
                      (ii) any other international organization
                    that is designated by the President by
                    Executive order for the purposes of this
                    section, effective as of the date of
                    publication of such order in the Federal
                    Register.
              (3)(A) A person's state of mind is ``knowing'' with
            respect to conduct, a circumstance, or a result if--
                      (i) such person is aware that such person is
                    engaging in such conduct, that such
                    circumstance exists, or that such result is
                    substantially certain to occur; or
                      (ii) such person has a firm belief that such
                    circumstance exists or that such result is
                    substantially certain to occur.
              (B) When knowledge of the existence of a particular
            circumstance is required for an offense, such knowledge
            is established if a person is aware of a high
            probability of the existence of such circumstance,
            unless the person actually believes that such
            circumstance does not exist.
              (4)(A) The \13\ term ``routine governmental action''
            means only an action which is ordinarily and commonly
            performed by a foreign official in--
    ---------------------------------------------------------------------------
        \13\ Sec. 3(e) of Public Law 105-366 (112 Stat. 3305) struck out
    ``For purposes of paragraph (1), the'' and inserted in lieu thereof
    ``The''.
    ---------------------------------------------------------------------------
                      (i) obtaining permits, licenses, or other
                    official documents to qualify a person to do
                    business in a foreign country;
                      (ii) processing governmental papers, such as
                    visas and work orders;
                      (iii) providing police protection, mail pick-
                    up and delivery, or scheduling inspections
                    associated with contract performance or
                    inspections related to transit of goods across
                    country;
                      (iv) providing phone service, power and water
                    supply, loading and unloading cargo, or
                    protecting perishable products or commodities
                    from deterioration; or
                      (v) actions of a similar nature.
              (B) The term ``routine governmental action'' does not
            include any decision by a foreign official whether, or
            on what terms, to award new business to or to continue
            business with a particular party, or any action taken
            by a foreign official involved in the decision-making
            process to encourage a decision to award new business
            to or continue business with a particular party.
              (5) The term ``interstate commerce'' means trade,
            commerce, transportation, or communication among the
            several States, or between any foreign country and any
            State or between any State and any place or ship
            outside thereof, and such term includes the intrastate
            use of--
                      (A) a telephone or other interstate means of
                    communication, or
                      (B) any other interstate instrumentality.
        (i) Alternative Jurisdiction.--\14\
    ---------------------------------------------------------------------------
        \14\ Sec. 3(d) of Public Law 105-366 (112 Stat. 3305) added subsec.
    (i).
    ---------------------------------------------------------------------------
              (1) It shall also be unlawful for any United States
            person to corruptly do any act outside the United
            States in furtherance of an offer, payment, promise to
            pay, or authorization of the payment of any money, or
            offer, gift, promise to give, or authorization of the
            giving of anything of value to any of the persons or
            entities set forth in paragraphs (1), (2), and (3) of
            subsection (a), for the purposes set forth therein,
            irrespective of whether such United States person makes
            use of the mails or any means or instrumentality of
            interstate commerce in furtherance of such offer, gift,
            payment, promise, or authorization.
              (2) As used in this subsection, the term ``United
            States person'' means a national of the United States
            (as defined in section 101 of the Immigration and
            Nationality Act (8 U.S.C. 1101)) or any corporation,
            partnership, association, joint-stock company, business
            trust, unincorporated organization, or sole
            proprietorship organized under the laws of the United
            States or any State, territory, possession, or
            commonwealth of the United States, or any political
            subdivision thereof.

    SEC. 104A.\15\ PROHIBITED FOREIGN TRADE PRACTICES BY PERSONS OTHER THAN
                        ISSUERS OR DOMESTIC CONCERNS.
    ---------------------------------------------------------------------------

        \15\ 15 U.S.C. 78dd-3. Sec. 4 of the International Bribery and Fair
    Competition Act of 1998 (Public Law 105-366; 112 Stat. 3306), added
    sec. 104A.
    ---------------------------------------------------------------------------
        (a) Prohibition.--It shall be unlawful for any person other
    than an issuer that is subject to section 30A of the Securities
    Exchange Act of 1934 or a domestic concern (as defined in
    section 104 of this Act), or for any officer, director,
    employee, or agent of such person or any stockholder thereof
    acting on behalf of such person, while in the territory of the
    United States, corruptly to make use of the mails or any means
    or instrumentality of interstate commerce or to do any other
    act in furtherance of an offer, payment, promise to pay, or
    authorization of the payment of any money, or offer, gift,
    promise to give, or authorization of the giving of anything of
    value to--
              (1) any foreign official for purposes of--
                      (A)(i) influencing any act or decision of
                    such foreign official in his official capacity,
                    (ii) inducing such foreign official to do or
                    omit to do any act in violation of the lawful
                    duty of such official, or (iii) securing any
                    improper advantage; or
                      (B) inducing such foreign official to use his
                    influence with a foreign government or
                    instrumentality thereof to affect or influence
                    any act or decision of such government or
                    instrumentality, in order to assist such person
                    in obtaining or retaining business for or with,
                    or directing business to, any person;
              (2) any foreign political party or official thereof
            or any candidate for foreign political office for
            purposes of--
                      (A)(i) influencing any act or decision of
                    such party, official, or candidate in its or
                    his official capacity, (ii) inducing such
                    party, official, or candidate to do or omit to
                    do an act in violation of the lawful duty of
                    such party, official, or candidate, or (iii)
                    securing any improper advantage; or
                      (B) inducing such party, official, or
                    candidate to use its or his influence with a
                    foreign government or instrumentality thereof
                    to affect or influence any act or decision of
                    such government or instrumentality, in order to
                    assist such person in obtaining or retaining
                    business for or with, or directing business to,
                    any person; or
              (3) any person, while knowing that all or a portion
            of such money or thing of value will be offered, given,
            or promised, directly or indirectly, to any foreign
            official, to any foreign political party or official
            thereof, or to any candidate for foreign political
            office, for purposes of--
                      (A)(i) influencing any act or decision of
                    such foreign official, political party, party
                    official, or candidate in his or its official
                    capacity, (ii) inducing such foreign official,
                    political party, party official, or candidate
                    to do or omit to do any act in violation of the
                    lawful duty of such foreign official, political
                    party, party official, or candidate, or (iii)
                    securing any improper advantage; or
                      (B) inducing such foreign official, political
                    party, party official, or candidate to use his
                    or its influence with a foreign government or
                    instrumentality thereof to affect or influence
                    any act or decision of such government or
                    instrumentality in order to assist such person
                    in obtaining or retaining business for or with,
                    or directing business to, any person.
        (b) Exception for Routine Governmental Action.--Subsection
    (a) of this section shall not apply to any facilitating or
    expediting payment to a foreign official, political party, or
    party official the purpose of which is to expedite or to secure
    the performance of a routine governmental action by a foreign
    official, political party, or party official.
        (c) Affirmative Defenses.--It shall be an affirmative
    defense to actions under subsection (a) of this section that--
              (1) the payment, gift, offer, or promise of anything
            of value that was made, was lawful under the written
            laws and regulations of the foreign official's,
            political party's, party official's, or candidate's
            country; or
              (2) the payment, gift, offer, or promise of anything
            of value that was made, was a reasonable and bona fide
            expenditure, such as travel and lodging expenses,
            incurred by or on behalf of a foreign official, party,
            party official, or candidate and was directly related
            to--
                      (A) the promotion, demonstration, or
                    explanation of products or services; or
                      (B) the execution or performance of a
                    contract with a foreign government or agency
                    thereof.
        (d) Injunctive Relief.
              (1) When it appears to the Attorney General that any
            person to which this section applies, or officer,
            director, employee, agent, or stockholder thereof, is
            engaged, or about to engage, in any act or practice
            constituting a violation of subsection (a) of this
            section, the Attorney General may, in his discretion,
            bring a civil action in an appropriate district court
            of the United States to enjoin such act or practice,
            and upon a proper showing, a permanent injunction or a
            temporary restraining order shall be granted without
            bond.
              (2) For the purpose of any civil investigation which,
            in the opinion of the Attorney General, is necessary
            and proper to enforce this section, the Attorney
            General or his designee are empowered to administer
            oaths and affirmations, subpoena witnesses, take
            evidence, and require the production of any books,
            papers, or other documents which the Attorney General
            deems relevant or material to such investigation. The
            attendance of witnesses and the production of
            documentary evidence may be required from any place in
            the United States, or any territory, possession, or
            commonwealth of the United States, at any designated
            place of hearing.
              (3) In case of contumacy by, or refusal to obey a
            subpoena issued to, any person, the Attorney General
            may invoke the aid of any court of the United States
            within the jurisdiction of which such investigation or
            proceeding is carried on, or where such person resides
            or carries on business, in requiring the attendance and
            testimony of witnesses and the production of books,
            papers, or other documents. Any such court may issue an
            order requiring such person to appear before the
            Attorney General or his designee, there to produce
            records, if so ordered, or to give testimony touching
            the matter under investigation. Any failure to obey
            such order of the court may be punished by such court
            as a contempt thereof.
              (4) All process in any such case may be served in the
            judicial district in which such person resides or may
            be found. The Attorney General may make such rules
            relating to civil investigations as may be necessary or
            appropriate to implement the provisions of this
            subsection.
        (e) Penalties.--
              (1)(A) Any juridical person that violates subsection
            (a) of this section shall be fined not more than
            $2,000,000.
              (B) Any juridical person that violates subsection (a)
            of this section shall be subject to a civil penalty of
            not more than $10,000 imposed in an action brought by
            the Attorney General.
              (2)(A) Any natural person who willfully violates
            subsection (a) of this section shall be fined not more
            than $100,000 or imprisoned not more than 5 years, or
            both.
              (B) Any natural person who violates subsection (a) of
            this section shall be subject to a civil penalty of not
            more than $10,000 imposed in an action brought by the
            Attorney General.
              (3) Whenever a fine is imposed under paragraph (2)
            upon any officer, director, employee, agent, or
            stockholder of a person, such fine may not be paid,
            directly or indirectly, by such person.
        (f) Definitions.--For purposes of this section:
              (1) The term ``person'', when referring to an
            offender, means any natural person other than a
            national of the United States (as defined in section
            101 of the Immigration and Nationality Act (8 U.S.C.
            1101) or any corporation, partnership, association,
            joint-stock company, business trust, unincorporated
            organization, or sole proprietorship organized under
            the law of a foreign nation or a political subdivision
            thereof.
              (2)(A) The term ``foreign official'' means any
            officer or employee of a foreign government or any
            department, agency, or instrumentality thereof, or of a
            public international organization, or any person acting
            in an official capacity for or on behalf of any such
            government or department, agency, or instrumentality,
            or for or on behalf of any such public international
            organization.
              (B) For purposes of subparagraph (A), the term
            ``public international organization'' means--
                      (i) an organization that is designated by
                    Executive order pursuant to section 1 of the
                    International Organizations Immunities Act (22
                    U.S.C. 288); or
                      (ii) any other international organization
                    that is designated by the President by
                    Executive order for the purposes of this
                    section, effective as of the date of
                    publication of such order in the Federal
                    Register.
              (3)(A) A person's state of mind is knowing, with
            respect to conduct, a circumstance or a result if--
                      (i) such person is aware that such person is
                    engaging in such conduct, that such
                    circumstance exists, or that such result is
                    substantially certain to occur; or
                      (ii) such person has a firm belief that such
                    circumstance exists or that such result is
                    substantially certain to occur.
              (B) When knowledge of the existence of a particular
            circumstance is required for an offense, such knowledge
            is established if a person is aware of a high
            probability of the existence of such circumstance,
            unless the person actually believes that such
            circumstance does not exist.
              (4)(A) The term ``routine governmental action'' means
            only an action which is ordinarily and commonly
            performed by a foreign official in--
                      (i) obtaining permits, licenses, or other
                    official documents to qualify a person to do
                    business in a foreign country;
                      (ii) processing governmental papers, such as
                    visas and work orders;
                      (iii) providing police protection, mail pick-
                    up and delivery, or scheduling inspections
                    associated with contract performance or
                    inspections related to transit of goods across
                    country;
                      (iv) providing phone service, power and water
                    supply, loading and unloading cargo, or
                    protecting perishable products or commodities
                    from deterioration; or
                      (v) actions of a similar nature.
              (B) The term ``routine governmental action'' does not
            include any decision by a foreign official whether, or
            on what terms, to award new business to or to continue
            business with a particular party, or any action taken
            by a foreign official involved in the decision-making
            process to encourage a decision to award new business
            to or continue business with a particular party.
              (5) The term ``interstate commerce'' means trade,
            commerce, transportation, or communication among the
            several States, or between any foreign country and any
            State or between any State and any place or ship
            outside thereof, and such term includes the intrastate
            use of--
                      (A) a telephone or other interstate means of
                    communication, or
                      (B) any other interstate instrumentality.
              * * * * * * *
              b. Foreign Corrupt Practices Act Amendments of 1988

       Partial text of Title V of Public Law 100-418 [Omnibus Trade and
       Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107 at 1415,
                            approved August 23, 1988

      AN ACT To enhance the competitiveness of American industry, and for
                                other purposes.

              * * * * * * *

    Subtitle A--Foreign Corrupt Practices Act Amendments; Review of Certain
                                  Acquisitions

                part i--foreign corrupt practices act amendments

    SEC. 5001. SHORT TITLE.

      This part may be cited as the ``Foreign Corrupt Practices Act
    Amendments of 1988''.
              * * * * * * *

    SEC. 5003. FOREIGN CORRUPT PRACTICES ACT AMENDMENTS.

              * * * * * * *
      (d) International Agreement.--
              (1) Negotiations.--It is the sense of the Congress
            that the President should pursue the negotiation of an
            international agreement, among the members of the
            Organization of Economic Cooperation and Development,
            to govern persons from those countries concerning acts
            prohibited with respect to issuers and domestic
            concerns by the amendments made by this section. Such
            international agreement should include a process by
            which problems and conflicts associated with such acts
            could be resolved.
              (2) Report to congress.--(A) Within 1 year after the
            date of the enactment of this Act, the President shall
            submit to the Congress a report on--
                      (i) the progress of the negotiations referred
                    to in paragraph (1),
                      (ii) those steps which the executive branch
                    and the Congress should consider taking in the
                    event that these negotiations do not
                    successfully eliminate any competitive
                    disadvantage of United States businesses that
                    results when persons from other countries
                    commit the acts described in paragraph (1); and
                      (iii) possible actions that could be taken to
                    promote cooperation by other countries in
                    international efforts to prevent bribery of
                    foreign officials, candidates, or parties in
                    third countries.
              (B) The President shall include in the report
            submitted under subparagraph (A)--
                      (i) any legislative recommendations necessary
                    to give the President the authority to take
                    appropriate action to carry out clauses (ii)
                    and (iii) of subparagraph (A);
                      (ii) an analysis of the potential effect on
                    the interests of the United States, including
                    United States national security, when persons
                    from other countries commit the acts described
                    in paragraph (1); and
                      (iii) an assessment of the current and future
                    role of private initiatives in curtailing such
                    acts.

        part ii--review of certain mergers, acquisitions, and takeovers

              * * * * * * *
         c. International Anti-Bribery and Fair Competition Act of 1998

    Partial text of Public Law 105-366 [S. 2375], 112 Stat. 3302, approved
                               November 10, 1998

      AN ACT To amend the Securities Exchange Act of 1934 and the Foreign
        Corrupt Practices Act of 1977 to improve the competitiveness of
    American business and promote foreign commerce, and for other purposes.

              * * * * * * *

    SEC. 5. \1\ TREATMENT OF INTERNATIONAL ORGANIZATIONS PROVIDING
                        COMMERCIAL COMMUNICATIONS SERVICES.

        (a) Definition.--For purposes of this section:
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 78dd-1 note.
    ---------------------------------------------------------------------------
              (1) International organization provided commercial
            services.--The term ``international organization
            providing commercial communications services'' means--
                      (A) the International Telecommunications
                    Satellite Organization established pursuant to
                    the Agreement Relating to the International
                    Telecommunications Satellite Organization; and
                      (B) the International Mobile Satellite
                    Organization established pursuant to the
                    Convention on the International Maritime
                    Satellite Organization.
              (2) Pro-competitive privatization.--The term ``pro-
            competitive privatization'' means a privatization that
            the President determines to be consistent with the
            United States policy of obtaining full and open
            competition to such organizations (or their
            successors), and nondiscriminatory market access, in
            the provision of satellite services.
        (b) Treatment as Public International Organizations.--
              (1) Treatment.--An international organization
            providing commercial communications services shall be
            treated as a public international organization for
            purposes of section 30A of the Securities Exchange Act
            of 1934 (15 U.S.C. 78dd-1) and sections 104 and 104A of
            the Foreign Corrupt Practices Act of 1977 (15 U.S.C.
            78dd-2) until such time as the President certifies to
            the Committee on Commerce of the House of
            Representatives and the Committees on Banking, Housing
            and Urban Affairs and Commerce, Science, and
            Transportation that such international organization
            providing commercial communications services has
            achieved a pro-competitive privatization.
              (2) Limitation on effect of treatment.--The
            requirement for a certification under paragraph (1),
            and any certification made under such paragraph, shall
            not be construed to affect the administration by the
            Federal Communications Commission of the Communications
            Act of 1934 in authorizing the provision of services
            to, from, or within the United States over space
            segment of the international satellite organizations,
            or the privatized affiliates or successors thereof.
        (c) Extension of Legal Process.--
              (1) In general.--Except as required by international
            agreements to which the United States is a party, an
            international organization providing commercial
            communications services, its officials and employees,
            and its records shall not be accorded immunity from
            suit or legal process for any act or omission taken in
            connection with such organization's capacity as a
            provider, directly or indirectly, of commercial
            telecommunications services to, from, or within the
            United States.
              (2) No effect on personal liability.--Paragraph (1)
            shall not affect any immunity from personal liability
            of any individual who is an official or employee of an
            international organization providing commercial
            communications services.
              (3) Effective date.--This subsection shall take
            effect on May 1, 1999.
        (d) Eliminataion or Limitation of Exceptions.--
              (1) Action required.--The President shall, in a
            manner that is consistent with requirements in
            international agreements to which the United States is
            a party, expeditiously take all appropriate actions
            necessary to eliminate or to reduce substantially all
            privileges and immunities that are accorded to an
            international organization described in subparagraph
            (A) or (B) of subsection (a)(1), its officials, its
            employees, or its records, and that are not eliminated
            pursuant to subsection (c).
              (2) Designation of agreements.--The President shall
            designate which agreements constitute international
            agreements to which the United States is a party for
            purposes of this section.
        (e) Preservation of Law Enforcement and Intelligence
    Functions.--Nothing in subsection (c) or (d) of this section
    shall affect any immunity from suit or legal process of an
    international organization providing commercial communications
    services, or the privatized affiliates or successors thereof,
    for acts or omissions--
              (1) under chapter 119, 121, 206, or 601 of title 18,
            United States Code, the Foreign Intelligence
            Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),
            section 514 of the Comprehensive Drug Abuse Prevention
            and Control Act of 1970 (21 U.S.C. 884), or Rule 104,
            501, or 608 of the Federal Rules of Evidence;
              (2) under similar State laws providing protection to
            service providers cooperating with law enforcement
            agencies pursuant to State electronic surveillance or
            evidence laws, rules, regulations, or procedures; or
              (3) pursuant to a court order.
        (f) Rules of Construction.--
              (1) Negotiations.--Nothing in this section shall
            affect the President's existing constitutional
            authority regarding the time, scope, and objectives of
            international negotiations.
              (2) Privatization.--Nothing in this section shall be
            construed as legislative authorization for the
            privatization of INTELSAT or Inmarsat, nor to increase
            the President's authority with respect to negotiations
            concerning such privatization.

    SEC. 6.\1\ ENFORCEMENT AND MONITORING.

        (a) Reports Required.--Not later than July 1 of 1999 and
    each of the 5 succeeding years, the Secretary of Commerce shall
    submit to the House of Representatives and the Senate a report
    that contains the following information with respect to
    implementation of the Convention:
              (1) Ratification.--A list of the countries that have
            ratified the Convention, the dates of ratification by
            such countries, and the entry into force for each such
            country.
              (2) Domestic legislation.--A description of domestic
            laws enacted by each party to the Convention that
            implement commitments under the Convention, and
            assessment of the compatibility of such laws with the
            Convention.
              (3) Enforcement.--As assessment of the measures taken
            by each party to the Convention during the previous
            year to fulfill its obligations under the Convention
            and achieve its object and purpose including--
                      (A) an assessment of the enforcement of the
                    domestic laws described in paragraph (2);
                      (B) an assessment of the efforts by each such
                    party to promote public awareness of such
                    domestic laws and the achievement of such
                    object and purpose; and
                      (C) an assessment of the effectiveness,
                    transparency, and viability of the monitoring
                    process for the Convention,including its
                    inclusion of input from the private sector and
                    nongovernmental organizations.
              (4) Laws prohibiting tax deduction of bribes.--An
            explanation of the domestic laws enacted by each party
            tothe Convention that would prohibit the deduction of
            bribes in the computation of domestic taxes.
              (5) New signatories.--A description of efforts to
            expand international participation in the Convention by
            adding new signatories to the Convention and by
            assuring that all countries which are or become members
            of the Organization for Economic Cooperation and
            Development are also parties to the Convention.
              (6) Subsequent efforts.--An assessment of the status
            of efforts to strengthen the Convention by extending
            the prohibitions contained in the Convention to cover
            bribes to political parties, party officials, and
            candidates for political office.
              (7) Advantages.--Advantages, in terms of immunities,
            market access, or otherwise, in the countries or
            regions served by the organizations described in
            section 5(a), the reason for such advantages, and an
            assessment of progress toward fulfilling the policy
            described in that section.
              (8) Bribery and transparency.--An assessment of anti-
            bribery programs and transparency with respect to each
            of the international organizations covered by this Act.
              (9) Private sector review.--A description of the
            steps taken to ensure full involvement of United States
            private sector participants and representatives of
            nongovernmental organizations in the monitoring and
            implementation of the Convention.
              (10) Additional information.--In consultation with
            the private sector participants and representatives of
            nongovernmental organizations described in paragraph
            (9), a list of additional means for enlarging the scope
            of the Convention and otherwise increasing its
            effectiveness. Such additional means shall include, but
            not be limited to, improved recordkeeping provisions
            and the desirability of expanding the applicability of
            the Convention to additional individuals and
            organizations and the impact on United States business
            of section 30A of the Securities Exchange Act of 1934
            and sections 104 and 104A of the Foreign Corrupt
            Practices Act of 1977.
        (b) Definition.--For purposes of this section, the term
    ``Convention'' means the Convention on Combating Bribery of
    Foreign Public Officials in International Business Transactions
    adopted on November 21, 1997, and signed on December 17, 1997,
    by the United States and 32 other nations.
                                   Appendix I

              Note.--Appendix I lists Public Laws included in
            Legislation on Foreign Relations Through 2005, either
            as freestanding law or in amendments, arranged by
            Public Law number with corresponding short title or
            popular name.

    ------------------------------------------------------------------------
    Public Law
        No.                              Short Title
    ------------------------------------------------------------------------
    109-169     United States-Bahrain Free Trade Agreement Implementation
                 Act
    109-167     Passport Services Enhancement Act of 2005
    109-165     Torture Victims Relief Reauthorization Act of 2005
    109-164     Trafficking Victims Protection Reauthorization Act of 2005
    109-163     National Defense Authorization Act for Fiscal Year 2006
    109-163     United States Policy in Iraq Act (section 1227)
    109-163     Detainee Treatment Act of 2005 (title XIV)
    109-159     Transfer of Items To War Reserves Stockpile for Allies,
                 Korea
    109-148     Department of Defense, Emergency Supplemental Appropriations
                 To Address Hurricanes in the Gulf of Mexico, and Pandemic
                 Influenza Act, 2006
    109-148     Department of Defense Appropriations Act, 2006 (division A)
    109-148     Emergency Supplemental Appropriations To Address Hurricanes
                 in the Gulf of Mexico and Pandemic Influenza Act, 2006
                 (division B)
    109-140     To Provide Certain Authorities for the Department of State
    109-134     Naval Vessels Transfer Act of 2005
    109-121     Senator Paul Simon Water for the Poor Act of 2005
    109-112     Iran Nonproliferation Amendments Act of 2005
    109-108     Science, State, Justice, Commerce, and Related Agencies
                 Appropriations Act, 2006
    109-108     Department of State and Related Agencies Appropriations Act,
                 2006 (title IV)
    109-102     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2006
    109-97      Agriculture, Rural Development, Food and Drug
                 Administration, and Related Agencies Appropriations Act,
                 2006
    109-95      Assistance for Orphans and Other Vulnerable Children in
                 Developing Countries Act of 2005
    109-77      Continuing Appropriations, Fiscal Year 2006
    109-58      Energy Policy Act of 2005
    109-54      Department of the Interior, Environment, and Related
                 Agencies Appropriations Act, 2006
    109-53      Dominican Republic-Central America-United States Free Trade
                 Agreement Implementation Act
    109-39      Renewal of Import Restrictions--Burmese Freedom and
                 Democracy Act of 2003
    109-13      Emergency Supplemental Appropriations Act for Defense, the
                 Global War on Terror, and Tsunami Relief, 2005
    108-497     Comprehensive Peace in Sudan Act of 2004
    108-484     Microenterprise Results and Accountability Act of 2004
    108-458     Intelligence Reform and Terrorism Prevention Act of 2004
    108-458     9/11 Commission Implementation Act of 2004 (title VII)
    108-458     Afghanistan Freedom Support Act Amendments of 2004 (sec.
                 7104)
    108-447     Consolidated Appropriations Act, 2005
    108-447     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2005 (division D)
    108-447     Migratory Bird Treaty Reform Act of 2004 (division E, sec.
                 143)
    108-447     Miscellaneous Appropriations and Offsets Act, 2005 (division
                 J, title I)
    108-429     Miscellaneous Trade and Technical Corrections Act of 2004
    108-429     Emergency Protection for Iraqi Cultural Antiquities Act of
                 2004 (title III)
    108-429     Wool Suit and Textile Trade Extension Act of 2004 (title IV)
    108-375     Ronald W. Reagan National Defense Authorization Act for
                 Fiscal Year 2005
    108-370     Prevention of Child Abduction Partnership Act
    108-347     Belarus Democracy Act of 2004
    108-333     North Korean Human Rights Act of 2004
    108-332     Global Anti-Semitism Review Act of 2004
    108-323     Tropical Forest Conservation Act Reauthorization
    108-302     United States-Morocco Free Trade Agreement Implementation
                 Act
    108-297     Cape Town Treaty Implementation Act of 2004
    108-286     United States-Australia Free Trade Agreement Implementation
                 Act
    108-283     Northern Uganda Crisis Response Act
    108-274     AGOA Acceleration Act of 2004
    108-272     Approving the Renewal of Import Restrictions--Burma
    108-266     Marine Turtle Conservation Act of 2004
    108-235     Taiwan's Participation in the World Health Organization
    108-215     Amendments to U.S.-Mexico Agreement Establishing a Border
                 Environment Cooperation Commission and North American
                 Development Bank
    108-200     Congo Basin Forest Partnership Act of 2004
    108-199     Consolidated Appropriations, 2004
    108-199     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2004 (division D)
    108-199     HELP Commission Act (division B, sec. 637)
    108-199     Millennium Challenge Act of 2003 (division D, title VI)
    108-175     Syria Accountability and Lebanese Sovereignty Restoration
                 Act of 2003
    108-136     National Defense Authorization Act for Fiscal Year 2004
    108-136     Nuclear Security Initiative Act of 2003 (title XXXVI)
    108-106     Emergency Supplemental Appropriations Act for Defense and
                 for the Reconstruction of Iraq and Afghanistan, 2004
    108-77      United States-Chile Free Trade Agreement Implementation Act
    108-31      Microenterprise Report to Congress
    108-28      Taiwan's Participation in the World Health Organization
    108-25      United States Leadership Against HIV/AIDS, Tuberculosis, and
                 Malaria Act of 2003
    108-19      Clean Diamond Trade Act
    108-11      Emergency Wartime Supplemental Appropriations Act, 2003
    108-7       Consolidated Appropriations, 2003
    107-365     Caribbean National Forest Wild and Scenic Rivers Act of 2002
    107-327     Afghanistan Freedom Support Act of 2002
    107-314     Bob Stump National Defense Authorization Act for Fiscal Year
                 2003
    107-258     Persian Gulf POW/MIA Accountability Act of 2002
    107-246     Russian Democracy Act of 2002
    107-245     Sudan Peace Act
    107-243     Authorization for Use of Military Force Against Iraq
                 Resolution of 2002
    107-228     Foreign Relations Authorization Act, Fiscal Year 2003
    107-228     Department of State Authorization Act, Fiscal Year 2003
                 (division A)
    107-228     Security Assistance Act of 2002 (division B)
    107-228     Middle East Peace Commitments Act of 2002 (division A, title
                 VI, subtitle A)
    107-228     Tibetan Policy Act of 2002 (division A, title VI, subtitle
                 B)
    107-228     East Timor Transition to Independence Act of 2002 (division
                 A, title VI, subtitle C)
    107-228     Clean Water for the Americas Partnership Act of 2002
                 (division A, title VI, subtitle D)
    107-228     Freedom Investment Act of 2002 (division A, title VI,
                 subtitle E)
    107-228     Russian Federation Debt for Nonproliferation Act of 2002
                 (division B, title XIII, subtitle B)
    107-228     Nonproliferation Assistance Coordination Act of 2002
                 (division B, title XIII, subtitle C)
    107-228     Iran Nuclear Proliferation Prevention Act of 2002 (division
                 B, title XIII, subtitle D)
    107-210     Trade Act of 2002
    107-210     Customs Border Security Act of 2002 (title III)
    107-210     Bipartian Trade Promotion Authority Act of 2002 (title XXI)
    107-210     Andean Trade Promotion and Drug Eradication Act (title XXXI)
    107-206     2002 Supplemental Appropriations Act for Further Recovery
                 From and Response to Terrorist Attacks on the United States
    107-206     American Servicemembers Protection Act (title II)
    107-197     Terrorist Bombings Convention Implementation Act of 2002
    107-189     Export-Import Bank Reauthorization Act of 2002
    107-187     Gerald B. H. Solomon Freedom Consolidation Act of 2002
    107-173     Ehanced Border Security and Visa Entry Reform Act of 2002
    107-148     Radio Free Afghanistan Act
    107-141     Asian Elephant Conservation Reauthorization Act of 2002
    107-117     Department of Defense and Emergency Supplemental
                 Appropriations for Recovery From and Response To Terrorist
                 Attacks on the United States Act, 2002
    107-115     Kenneth M. Ludden Foreign Operations, Export Financing and
                 Related Programs Appropriations Act, 2002
    107-112     Rhinoceros and Tiger Conservation Reauthorization Act of
                 2001
    107-111     African Elephant Conservation Reauthorization Act of 2001
    107-107     National Defense Authorization Act for Fiscal Year 2002
    107-99      Zimbabwe Democracy and Economic Recovery Act of 2001
    107-81      Afghan Women and Children Relief Act of 2001
    107-56      Uniting and Strengthening America By Providing Appropriate
                 Tools Required To Intercept and Obstruct Terrorism (USA
                 PATRIOT ACT) Act of 2001
    107-56      International Money Laundering Abatement and Financial Anti-
                 Terrorism Act of 2001 (title III)
    107-43      United States-Jordan Free Trade Area Implementation Act
    107-40      Authorization for Use of Military Force in Response to
                 Terrorist Attacks of September 11, 2001
    107-39      Condemnation of Terrorist Attacks
    107-24      ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
    106-570     Assistance for International Malaria Control Act
    106-570     International Malaria Control Act (title I)
    106-570     United States-Macau Policy Act of 2000 (title II)
    106-570     Pacific Charter Commission Act of 2000 (title IV)
    106-570     Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
    106-567     Intelligence Authorization Act for Fiscal Year 2001
    106-567     Japanese Imperial Government Disclosure Act of 2000 (title
                 VIII)
    106-557     Shark Finning Prohibition Act
    106-555     Striped Bass Conservation, Atlantic Coastal Fisheries
                 Management and Marine Mammal Rescue Assistance Act of 2000
    106-554     Consolidated Appropriations Act, 2001
    106-554     Vietnam Education Foundation Act of 2000 (title II)
    106-553     Department of State and Related Agency Appropriations Act,
                 2001
    106-531     Reports Consolidation Act of 2000
    106-484     Bring Them Home Alive Act of 2000
    106-476     Tariff Suspension and Trade Act of 2000
    106-450     Yukon River Salmon Act of 2000
    106-429     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2001
    106-411     Great Ape Conservation Act of 2000
    106-398     Floyd D. Spence National Defense Authorization Act for
                 Fiscal Year 2001
    106-387     Agriculture, Rural Development, Food and Drug
                 Administration, and Related Agencies Appropriations Act,
                 2001
    106-387     Trade Sanctions Reform and Export Enhancement Act of 2000
                 (title IX)
    106-386     Victims of Trafficking and Violence Protection Act of 2000
    106-386     Trafficking Victims Protection Act of 2000 (division A)
    106-373     Famine Prevention and Freedom From Hunger Improvement Act of
                 2000
    106-346     National Terrorist Asset Trading Center
    106-309     Microenterprise for Self-Reliance and International Anti-
                 Corruption Act of 2000
    106-309     Microenterprise for Self-Reliance Act of 2000 (title I)
    106-309     International Anti-Corruption and Good Governance Act of
                 2000 (title II)
    106-309     International Academic Opportunities Act of 2000 (title III)
    106-309     Support for Overseas Cooperative Development Act (sec. 401)
    106-309     Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
    106-286     U.S.-China Relations Act of 2000
    106-280     Security Assistance Act of 2000
    106-279     Intercountry Adoption Act of 2000
    106-264     Global AIDS and Tuberculosis Relief Act of 2000
    106-264     Global AIDS Research and Relief Act of 2000 (title I)
    106-264     International Tuberculosis Control Act of 2000 (title II)
    106-256     Oceans Act of 2000
    106-247     Neotropical Migratory Bird Conservation Act
    106-212     American Institute in Taiwan Facilities Enhancement Act
    106-200     Trade and Development Act of 2000
    106-200     African Growth and Opportunity Act (title I)
    106-200     U.S.-Caribbean Basin Trade Partnership Act (title II)
    106-178     Iran and Syria Nonproliferation Act (formerly Iran
                 Nonproliferation Act of 2000)
    106-158     Export Enhancement Act of 1999
    106-120     Intelligence Authorization Act for Fiscal Year 2000
    106-120     Foreign Narcotics Kingpin Designation Act (title VIII)
    106-113     Consolidated Appropriations, Fiscal Year 2000
    106-113     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2000 (H.R. 3422, enacted by reference)
    106-113     Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
                 by reference)
    106-113     Admiral James W. Nance and Meg Donovan Foreign Relations
                 Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
                 enacted by reference)
    106-113     Secure Embassy Construction and Counterterrorism Act of 1999
                 (title VI, division A, H.R. 3427, enacted by reference)
    106-113     North Korea Threat Reduction Act of 1999 (subtitle B, title
                 VIII, division A, H.R. 3427, enacted by reference)
    106-113     United Nations Reform Act of 1999 (title IX, division A,
                 H.R. 3427, enacted by reference)
    106-113     Arms Control, Nonproliferation, and Security Assistance Act
                 of 1999 (division B, H.R. 3427, enacted by reference)
    106-113     Arms Control and Nonproliferation Act of 1999 (title XI,
                 division B, H.R. 3427, enacted by reference)
    106-113     National Security and Corporate Fairness under the
                 Biological Weapons Convention Act (chapter 2, subtitle A,
                 title XI, division B, H.R. 3427, enacted by reference)
    106-113     Security Assistance Act of 1999 (title XII, H.R. 3427,
                 enacted by reference)
    106-113     Defense Offsets Disclosure Act of 1999 (subtitle D, title
                 XII, H.R. 3427, enacted by reference)
    106-113     Proliferation Prevention Enhancement Act of 1999 (subtitle
                 E, title XII, H.R. 3427, enacted by reference)
    106-113     International Arms Sales Code of Conduct Act of 1999
                 (subtitle F, title XII, H.R. 3427, enacted by reference)
    106-108     Arctic Tundra Habitat Emergency Conservation Act
    106-87      Torture Victims Relief Reauthorization Act of 1999
    106-79      Department of Defense Appropriations Act, 2000
    106-65      National Defense Authorization Act for Fiscal Year 2000
    106-65      Panama Canal Commission Authorization Act for Fiscal Year
                 2000 (title XXXV)
    106-38      National Missile Defense Act of 1999
    106-36      Miscellaneous Trade and Technical Corrections Act of 1999
    106-35      Western Hemisphere Drug Elimination Technical Corrections
                 Act
    106-30      Peace Corps Reauthorization
    105-385     Africa: Seeds of Hope Act of 1998
    105-384     Governing International Fisheries Agreement with Poland
    105-382     Department of State Special Agents Retirement Act of 1998
    105-366     International Anti-Bribery and Fair Competition Act of 1998
    105-362     Federal Reports Elimination Act of 1998
    105-338     Iraq Liberation Act of 1998
    105-323     Extradition Treaties Interpretation Act of 1998
    105-319     Irish Peace Process Cultural and Training Program Act of
                 1998
    105-312     Rhinoceros and Tiger Conservation Act of 1998
    105-303     Commercial Space Act of 1998
    105-292     International Religious Freedom Act of 1998
    105-277     Omnibus Consolidated and Emergency Supplemental
                 Appropriations Act for Fiscal Year 1999
    105-277     Haitian Refugee Immigration Fairness Act of 1998 (division
                 A, sec. 101(h), title IX)
    105-277     Trade Deficit Review Commission Act (division A, sec. 127)
    105-277     Office of National Drug Control Policy Reauthorization Act
                 of 1998 (division C, title VII)
    105-277     Western Hemisphere Drug Elimination Act (division C, title
                 VIII)
    105-277     Foreign Affairs Reform and Restructuring Act of 1998
                 (division G)
    105-277     Foreign Affairs Agencies Consolidation Act of 1998 (division
                 G, subdivision A)
    105-277     Foreign Relations Authorization Act, Fiscal Years 1998 and
                 1999 (division G, subdivision B)
    105-277     United Nations Reform Act of 1998 (division G, subdivision
                 C)
    105-277     European Security Act of 1998 (division G, title XXVII)
    105-277     Chemical Weapons Convention Implementation Act of 1998
                 (division I)
    105-262     Department of Defense Appropriations Act, 1999
    105-261     Strom Thurmond National Defense Authorization Act for Fiscal
                 Year 1999
    105-261     Defense Against Weapons of Mass Destruction Act of 1998
                 (title XIV)
    105-261     Panama Canal Commission Authorization Act for Fiscal Year
                 1999 (title XXXV)
    105-261     Radio Free Asia Act of 1998 (title XXXIX)
    105-246     Nazi War Crimes Disclosure Act
    105-235     Finding the Government of Iraq in Unacceptable and Material
                 Breach of Its International Obligations
    105-217     African Elephant Conservation Reauthorization Act of 1998
    105-194     Agriculture Export Relief Act of 1998
    105-186     U.S. Holocaust Assets Commission Act of 1998
    105-174     1998 Supplemental Appropriations and Rescissions Act
    105-173     International Parental Kidnapping Crime Act
    105-158     Holocaust Victims Redress Act
    105-119     Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1998
    105-107     Intelligence Authorization Act for Fiscal Year 1998
    105-100     Nicaraguan Adjustment and Central American Relief Act (title
                 II)
    105-96      Asian Elephant Conservation Act of 1997
    105-85      National Defense Authorization Act for Fiscal Year 1998
    105-42      International Dolphin Conservation Program Act
    104-319     Human Rights, Refugee, and Other Foreign Relations
                 Provisions Act of 1996
    104-309     Records Relating to Nazi War Crimes
    104-297     Sustainable Fisheries Act
    104-293     Intelligence Authorization Act for Fiscal Year 1997
    104-293     Combatting Proliferation of Weapons of Mass Destruction Act
                 of 1996 (title VII)
    104-269     Release of USIA Materials: VOA, Radio Marti Recordings
    104-264     Federal Aviation Reauthorization Act of 1996
    104-227     Antarctic Science, Tourism, and Conservation Act of 1996
    104-208     Omnibus Consolidated Appropriations for Fiscal Year 1997
    104-208     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1997 (title I, sec. 101(c))
    104-208     NATO Enlargement Facilitation Act of 1996 (title VI, sec.
                 101(c))
    104-203     Most-Favored-Nation Treatment for Cambodia
    104-201     National Defense Authorization Act for Fiscal Year 1997
    104-201     Defense Against Weapons of Mass Destruction Act of 1996
                 (title XIV)
    104-201     Panama Canal Commission Authorization Act for Fiscal Year
                 1997 (title XXXV, subtitle A)
    104-201     Panama Canal Act Amendments of 1996 (title XXXV, subtitle B)
    104-172     Iran and Libya Sanctions Act of 1996
    104-171     Most-Favored-Nation Treatment for Romania
    104-164     Miscellaneous Amendments and Authorization--FYs 1996 and
                 1997
    104-162     Most-Favored-Nation Treatment for People's Republic of
                 Bulgaria
    104-161     Release of USIA Materials: ``Fragile Ring of Life''
    104-134     USEC Privatization Act
    104-132     Antiterrorism and Effective Death Penalty Act of 1996
    104-127     Federal Agriculture Improvement and Reform Act of 1996
    104-114     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
                 1996
    104-106     National Defense Authorization Act for Fiscal Year 1996
    104-106     Ballistic Missile Defense Act of 1995 (title II, subtitle C)
    104-93      Intelligence Authorization Act for Fiscal Year 1996
    104-72      Au Pair Extension
    104-66      Federal Reports Elimination and Sunset Act of 1995
    104-45      Jerusalem Embassy Act of 1995
    104-43      Fisheries Act of 1995
    104-43      High Seas Fishing Compliance Act of 1995 (title I)
    104-43      Northwest Atlantic Fisheries Convention Act of 1995 (title
                 II)
    104-43      Atlantic Tunas Convention Act of 1995 (title III)
    104-43      Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)
    104-43      High Seas Driftnet Fishing Moratorium Protection Act (title
                 VI)
    104-43      Yukon River Salmon Act of 1995 (title VII) Act for Fiscal
                 Year 1997
    104-6       Emergency Supplemental Appropriations and Rescissions for
                 the Department of Defense to Preserve and Enhance Military
                 Readiness Act of 1995
    104-6       Mexican Debt Disclosure Act of 1995 (title IV)
    103-465     Uruguay Rounds Agreements Act
    103-465     Export Enhancement Program Amendments of 1994 (title IV,
                 subtitle A, part II, sec. 411(a))
    103-447     International Narcotics Control Corrections Act of 1994
    103-447     NATO Participation Act of 1994 (title II)
    103-423     United States Policy Toward Haiti
    103-416     Visa for Officials of Taiwan
    103-392     Jobs Through Trade Expansion Act of 1994
    103-391     Rhinoceros and Tiger Conservation Act of 1994
    103-381     African Conflict Resolution Act
    103-372     To Provide for an Investigation of the Whereabouts of U.S.
                 Citizens Missing From Cyprus Since 1974
    103-337     National Defense Authorization Act for Fiscal Year 1995
    103-306     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1995
    103-294     Helsinki Human Rights Day
    103-236     Foreign Relations Authorization Act, Fiscal Years 1994 and
                 1995
    103-236     Mike Mansfield Fellowship Act (title II, part C)
    103-236     United States International Broadcasting Act of 1994 (title
                 III)
    103-236     Spoils of War Act of 1994 (title V, part B)
    103-236     Anti-Economic Discrimination Act of 1994 (title V, part C)
    103-236     Cambodian Genocide Justice Act (title V, part D)
    103-236     Middle East Peace Facilitation Act of 1994 (title V, part E)
    103-236     Arms Control and Nonproliferation Act of 1994 (title VII,
                 part A)
    103-236     Nuclear Proliferation Prevention Act of 1994 (title VIII)
    103-236     Protection and Reduction of Government Secrecy Act (title
                 IX)
    103-206     Coast Guard Authorization Act of 1993
    103-199     Act For Reform in Emerging New Democracies and Support and
                 Help for Improved Partnership with Russia, Ukraine, and
                 Other New Independent States (FRIENDSHIP Act)
    103-182     North American Free Trade Agreement Implementation Act
    103-160     National Defense Authorization Act for Fiscal Year 1994
    103-160     Cooperative Threat Reduction Act of 1993 (title XII)
    103-160     Defense Conversion, Reinvestment, and Transition Assistance
                 Amendments of 1993 (title XIII)
    103-160     National Shipbuilding and Shipyard Conversion Act of 1993
                 (title XIII, subtitle D)
    103-160     Panama Canal Commission Authorization Act for Fiscal Year
                 1994 (title XXXV)
    103-158     Act to Honor the Victims of the Bombing of Pan Am Flight 103
    103-149     South African Democratic Transition Support Act of 1993
    103-133     Nondiscriminatory Treatment Toward Products of Romania
    103-125     Middle East Peace Facilitation Act of 1993
    102-588     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1993
    102-587     Oceans Act of 1992
    102-587     North Pacific Anadromous Stocks Convention Act of 1992
                 (title VIII)
    102-582     High Seas Driftnet Fisheries Enforcement Act
    102-582     Central Bering Sea Fisheries Enforcement Act of 1992 (title
                 III)
    102-567     North Pacific Anadromous Stocks Act of 1992 (title VIII)
    102-565     Peace Corps Authorization for Fiscal Year 1993
    102-549     Jobs Through Exports Act of 1992
    102-549     Aid, Trade, and Competitiveness Act of 1992 (title III)
    102-549     Enterprise for the Americas Act of 1992 (title VI)
    102-532     Enterprise for the Americas Initiative Act of 1992
    102-523     International Dolphin Conservation Act of 1992
    102-511     Freedom for Russia and Emerging Eurasian Democracies and
                 Open Markets Support Act of 1992 (FREEDOM Support Act)
    102-509     Soviet Scientists Immigration Act of 1992
    102-486     Energy Policy Act of 1992
    102-484     National Defense Authorization Act for Fiscal Year 1993
    102-484     Former Soviet Union Demilitarization Act of 1992 (title XIV)
    102-484     Weapons of Mass Destruction Control Act of 1992 (title XV)
    102-484     Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)
    102-484     Cuban Democracy Act of 1992 (title XVII)
    102-484     Panama Canal Commission Authorization Act for Fiscal Year
                 1993 (title XXXV)
    102-454     Distribution of USIA Materials
    102-450     Asian/Pacific American Heritage Month--Designation
    102-429     Export Enhancement Act of 1992
    102-420     Withdrawal of MFN From Serbia and Montenegro
    102-404     Chinese Student Protection Act of 1992
    102-396     Department of Defense Appropriations Act, 1993
    102-391     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1993
    102-383     United States-Hong Kong Policy Act of 1992
    102-372     Tourism Policy and Export Promotion Act of 1992
    102-363     Nondiscriminatory Treatment Toward Products of Albania
    102-311     International Peacekeeping Act of 1992
    102-274     Horn of Africa Recovery and Food Security Act
    102-270     Peace Process in Liberia
    102-256     Torture Victim Protection Act of 1991
    102-247     Omnibus Insular Areas Act of 1992
    102-237     Food, Agriculture, Conservation, and Trade Act Amendments of
                 1991
    102-228     Conventional Forces in Europe Treaty Implementation Act of
                 1991
    102-228     Soviet Nuclear Threat Reduction Act of 1991 (title II)
    102-197     Most-Favored Nation Treatment for the Union of Soviet
                 Socialist Republics
    102-195     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1992
    102-190     National Defense Authorization Act for Fiscal Years 1992 and
                 1993
    102-190     Missile Defense Act of 1991 (title II, part C)
    102-190     Panama Canal Commission Authorization Act for Fiscal Year
                 1992 (title XXXV)
    102-183     David L. Boren National Security Education Act of 1991
                 (title VIII)
    102-182     Termination of Trade Restrictions to Czechoslovakia and
                 Hungary
    102-182     Andean Trade Preference Act (title II)
    102-182     Chemical and Biological Weapons Control and Warfare
                 Elimination Act of 1991 (title III)
    102-158     Most-Favored Nation Treatment for People's Republic of
                 Bulgaria
    102-157     Most-Favored Nation Treatment for Mongolian People's
                 Republic
    102-138     Foreign Relations Authorization Act, Fiscal Years 1992 and
                 1993
    102-138     Dante B. Fascell North-South Center Act of 1991 (sec. 208)
    102-21      Emergency Supplemental Assistance for Israel Act of 1991
    102-20      Foreign Relations Persian Gulf Conflict Emergency
                 Supplemental Authorization Act, Fiscal Year 1991
    102-1       Authorization for Use of U.S. Armed Forces Pursuant to U.N.
                 Security Council Resolution 678
    101-649     Immigration Act of 1990
    101-647     Crime Control Act of 1990
    101-646     Nonindigenous Aquatic Nuisance Prevention and Control Act of
                 1990
    101-627     Fishery Conservation Amendments of 1990
    101-627     Dolphin Protection Consumer Information Act (title IX)
    101-624     Food, Agriculture, Conservation, and Trade Act of 1990
    101-624     Agricultural Development and Trade Act of 1990 (title XV)
    101-624     Global Climate Change Prevention Act of 1990 (title XXIV)
    101-623     International Narcotics Control Act of 1990
    101-620     Protection of Antarctica
    101-611     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1991
    101-610     National and Community Service Act of 1990
    101-606     Global Change Research Act of 1990
    101-606     International Cooperation in Global Change Research Act of
                 1990 (title II)
    101-604     Aviation Security Improvement Act of 1990
    101-594     Antarctic Protection Act of 1990
    101-549     Clean Air Act Amendments
    101-541     Most-Favored-Nation Treatment for Czechoslovakia
    101-533     Foreign Direct Investment and International Financial Date
                 Improvements Act of 1990
    101-513     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act 1991
    101-513     European Bank for Reconstruction and Development Act (sec.
                 562(c))
    101-513     Iraq Sanctions Act of 1990 (secs. 586-586J)
    101-513     International Forestry Cooperation Act of 1990 (title VI)
    101-511     Department of Defense Appropriations Act, 1991
    101-510     National Defense Authorization Act for Fiscal Year 1991
    101-510     Panama Canal Commission Authorization Act for Fiscal Year
                 1991 (title XXXV)
    101-454     Eisenhower Exchange Fellowship Act of 1990
    101-454     Fascell Fellowship Amendments Act of 1990 (sec. 9)
    101-438     Rio Grande American Canal Extension Act of 1990
    101-382     Customs and Trade Act of 1990
    101-382     Caribbean Basin Economic Recovery Expansion Act of 1990
                 (title II)
    101-382     Forest Resources Conservation and Shortage Relief Act of
                 1990 (title IV)
    101-380     Oil Pollution Act of 1990
    101-328     National Space Council Authorization Act of 1990
    101-298     Biological Weapons Anti-Terrorism Act of 1989
    101-246     Foreign Relations Authorization Act, Fiscal Years 1990 and
                 1991
    101-246     PLO Commitments Compliance Act of 1989 (title VIII)
    101-243     Urgent Assistance for Democracy in Panama Act of 1990
    101-240     International Development and Finance Act of 1989
    101-240     Foreign Debt Reserving Act of 1989 (title IV)
    101-240     Global Environmental Protection Assistance Act of 1989
                 (title VII)
    101-231     International Narcotics Control Act of 1989
    101-219     Implementation of Compact of Free Association With Palau
    101-216     Arms Control and Disarmament Amendments Act of 1989
    101-215     Survival Assistance for Victims of Civil Strife in Central
                 America
    101-189     National Defense Authorization Act for Fiscal Years 1990 and
                 1991
    101-179     Support for East European Democracy (SEED) Act of 1989
    101-167     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1990
    101-162     Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1990
    101-62      Implementing Agreement for Vienna Convention on Diplomatic
                 Relations
    100-705     Panama Canal Commission Compensation Fund Act of 1988
    100-690     International Narcotics Control Act of 1988 (title IV)
    100-685     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1989
    100-629     U.S.-U.S.S.R. Fishing Agreement
    100-576     Bangladesh Disaster Assistance Act of 1988
    100-530     International Cooperation to Protect Biological Diversity
    100-478     African Elephant Conservation Act (title II)
    100-465     Rio Grande Pollution Correction Act of 1987
    100-463     Department of Defense Appropriations Act, 1989
    100-461     Overseas Private Investment Corporation Amendments Act of
                 1988 (H.R. 5263, enacted by reference)
    100-461     Miscellaneous International Affairs Authorization Act of
                 1988 (S. 2757, enacted by reference)
    100-460     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1989
    100-456     National Defense Authorization Act, Fiscal Year 1989
    100-449     United States-Canada Free Trade Agreement Implementation Act
                 of 1988
    100-418     Omnibus Trade and Competitiveness Act of 1988
    100-418     Telecommunications Trade Act of 1988 (title I, subtitle C,
                 part 4)
    100-418     Export Enhancement Act 1988 (title II)
    100-418     Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,
                 part II)
    100-418     American Aid to Poland Act of 1988 (title II, subtitle B,
                 part II)
    100-418     Multilateral Export Control Enhancement Amendments Act
                 (title II, subtitle D, part II)
    100-418     Exchange Rates and International Economic Policy
                 Coordination Act of 1988 (title III, subtitle A)
    100-418     International Debt Management Act of 1988 (title III,
                 subtitle B)
    100-418     Multilateral Development Banks Procurement Act (title III,
                 subtitle C)
    100-418     Export-Import Bank and Tied Aid Credit Amendments of 1988
                 (title III, subtitle D)
    100-418     Primary Dealers Act of 1988 (title III, subtitle F)
    100-418     Financial Reports Act of 1988 (title III, subtitle G)
    100-418     Agricultural Competitiveness and Trade Act of 1988 (title
                 IV)
    100-418     Pesticide Monitoring Improvements Act of 1988 (title IV,
                 subtitle G)
    100-418     Foreign Corrupt Practices Act Amendments of 1988 (title V,
                 subtitle A, part I)
    100-418     Competitiveness Policy Council Act (title V, part I,
                 subtitle C)
    100-418     Small Business International Trade and Competitiveness Act
                 (title VII)
    100-418     Foreign Shipping Practices Act of 1988 (title X)
    100-393     Dire Emergency Supplemental Appropriations Act, 1988
    100-373     International Energy Emergency Authorities: Extension
    100-350     German Democratic Republic Fishery Agreement
    100-330     South Pacific Tuna Act of 1988
    100-300     International Child Abduction Remedies Act
    100-276     Central American Peace Assistance
    100-220     United States-Japan Fishery Agreement Approval Act of 1987
    100-220     Driftnet Impact Monitoring, Assessment, and Control Act of
                 1987 (title IV)
    100-213     Arms Control and Disarmament Amendments Act of 1987
    100-204     Foreign Relations Authorization Act, Fiscal Years 1988 and
                 1989
    100-204     United States Information Agency Authorization Act, Fiscal
                 Years 1988 and 1989 (title II)
    100-204     Board for International Broadcasting Authorization Act,
                 Fiscal Years 1988 and 1989 (title V)
    100-204     Anti-Terrorism Act of 1987 (title X)
    100-204     Global Climate Protection Act of 1987 (title XI)
    100-203     Omnibus Budget Reconciliation Act of 1987
    100-202     Continuing Appropriations, Fiscal Year 1988
    100-202     Cuban Political Prisoners and Immigrants (sec. 101(a), title
                 VII)
    100-202     Indochinese Refugee and Resettlement Act of 1987 (sec.
                 101(a), title VIII)
    100-202     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1988 (sec. 101(e))
    100-202     Multilateral Investment Guarantee Agency Act (sec. 101(e),
                 H.R. 3570, enacted by reference, title IV)
    100-180     National Defense Authorization Act for Fiscal Years 1988 and
                 1989
    100-147     National Aeronautics and Space Administration Authorization
                 Act of 1988
    100-113     Federal Triangle Development Act
    100-66      United States-Korea Fishery Agreement
    99-661      National Defense Authorization Act, Fiscal Year 1987
    99-661      Department of Defense Authorization Act, 1987 (Division A)
    99-658      Approval of the Compact of Free Association With the
                 Government of Palau
    99-630      Humpback Whales Wildlife Sanctuary (West Indies)
    99-603      Immigration Reform and Control Act of 1986
    99-570      International Narcotics Control Act of 1986 (title II)
    99-529      Special Foreign Assistance Act of 1986
    99-513      R.M.S. Titanic Maritime Memorial Act of 1986
    99-498      Higher Education Amendments of 1986
    99-475      Release of USIA Materials to Museums
    99-472      Export-Import Bank Act Amendments of 1986
    99-415      Anglo-Irish Agreement Support Act of 1986
    99-399      Omnibus Diplomatic Security and Antiterrorism Act of 1986
    99-399      Diplomatic Security Act (titles I-IV)
    99-399      Victims of Terrorism Compensation Act (title VIII)
    99-399      International Maritime and Port Security Act (title IX)
    99-399      Fascell Fellowship Act (title X)
    99-239      Compact of Free Association Act of 1985
    99-198      Food Security Act of 1985
    99-198      Food for Progress Act of 1985 (sec. 1110)
    99-190      Further Continuing Appropriations, 1985
    99-190      Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.
                 2253, enacted by reference)
    99-183      Agreement for Nuclear Cooperation Between the United States
                 and China
    99-180      Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1986
    99-177      Balanced Budget and Emergency Deficit Control Act of 1985
                 [Gramm-Rudman-Hollings Act]
    99-162      Sales of Arms to Jordan
    99-145      Department of Defense Authorization Act, 1986
    99-145      Relating to the approval and implementation of the proposed
                 agreement for nuclear cooperation between the United States
                 and the People's Republic of China
    99-93       Foreign Relations Authorization Act, Fiscal Years 1986 and
                 1987
    99-93       United States Information Agency Authorization Act, Fiscal
                 Years 1986 and 1987 (title II)
    99-93       Board for International Broadcasting Authorization Act,
                 Fiscal Years 1986 and 1987 (title III)
    99-93       Iran Claims Settlement (title V)
    99-93       United States Scholarship Program for Developing Countries
                 Authorization, Fiscal Years 1986 & 1987 (title VI)
    99-93       Arms Control and Disarmament Act Authorization for Fiscal
                 Years 1986 and 1987 (title VII)
    99-88       Supplemental Appropriations Act, 1985
    99-88       Jordan Supplemental Economic Assistance Authorization Act of
                 1985 (title IV)
    99-85       Authorization for an Improved U.S./Soviet Direct
                 Communications Link
    99-83       International Security and Development Cooperation Act of
                 1985
    99-83       International Narcotics Control Act of 1985 (title VI)
    99-83       Peace Corps Authorization for Fiscal Years 1986 and 1987
                 (title XI)
    99-64       Export Administration Amendments Act of 1985
    99-47       United States-Israel Free Trade Area Implementation Act of
                 1985
     99-8       African Famine Relief and Recovery Act of 1985
     99-5       Pacific Salmon Treaty Act of 1985
    98-623      Governing International Fishery Agreements With Iceland and
                 the European Economic Community (title I)
    98-623      Antarctic Marine Living Resources Convention Act of 1984
                 (title III)
    98-618      Intelligence Authorization Act for Fiscal Year 1985
    98-573      Trade and Tariff Act of 1984
    98-573      International Trade and Investment Act (title III)
    98-573      Generalized System of Preferences Renewal Act of 1984 (title
                 V)
    98-573      Steel Import Stabilization Act (title VIII)
    98-573      Wine Equity and Export Expansion Act of 1984 (title IX)
    98-562      Cooperative East-West Ventures in Space
    98-533      1984 Act to Combat International Terrorism
    98-525      Department of Defense Authorization Act, 1985
    98-525      United States Institute for Peace Act (title XVII)
    98-473      Continuing Appropriations, 1985
    98-473      Inter-American Investment Corporation Act (title II, S.
                 2416, enacted by reference)
    98-473      President's Emergency Food Assistance Act of 1984 (title
                 III)
    98-447      United States Government Opposition to the Practice of
                 Torture
    98-445      Eastern Pacific Tuna Licensing Act of 1984
    98-373      Arctic Research and Policy Act of 1984 (title I)
    98-373      National Critical Materials Act of 1984 (title II)
    98-266      Clement J. Zablocki Memorial Outpatient Facility, American
                 Children's Hospital, Krakow, Poland
    98-258      Agricultural Programs Adjustment Act of 1984
    98-258      Agricultural Exports (title V)
    98-198      Child Health Revolution
    98-181      Supplemental Appropriations Act, 1984
    98-181      Trade and Development Enhancement Act of 1983 (title VI,
                 part C)
    98-181      International Lending Supervision Act of 1983 (title IX)
    98-181      Multilateral Development Banks: Sense of Congress (title X)
    98-164      Department of State Authorization Act, Fiscal Years 1984 and
                 1985 (titles I, X)
    98-164      United States Information Agency Authorization Act, Fiscal
                 Years 1984 and 1985 (title II)
    98-164      Board for International Broadcasting Authorization Act,
                 Fiscal Years 1984 and 1985 (title III)
    98-164      Asia Foundation Act (title IV)
    98-164      National Endowment for Democracy Act (title V)
    98-164      Foreign Missions Amendments Act (title VI)
    98-164      International Environmental Protection Act of 1983 (title
                 VII)
    98-164      Research and Training for Eastern Europe and the Independent
                 States of the Former Soviet Union Act of 1983 (title VIII)
    98-164      United States-India Fund for Cultural, Educational, and
                 Scientific Cooperation Act (title IX)
    98-151      Continuing Resolution, 1984
    98-151      Foreign Assistance and Related Programs Appropriations Act,
                 1984 (sec. 101(b)(1))
    98-151      International Security and Development Assistance
                 Authorization Act of 1983 (sec. 101(b)(2))
    98-119      Multinational Force in Lebanon Resolution
    98-111      Radio Broadcasting to Cuba Act
    98-94       Department of Defense Authorization Act, 1984
    98-67       Caribbean Basin Economic Recovery Act (title II)
    98-43       Lebanon Emergency Assistance Act of 1983
    97-446      Convention on Cultural Property Implementation Act (title
                 III)
    97-425      Nuclear Waste Policy Act of 1982
    97-418      Protection of Foreign Missions
    97-389      Fisheries Amendments of 1982
    97-389      Atlantic Salmon Convention Act of 1982 (title III)
    97-389      Governing International Fishery Agreements with Japan and
                 Spain (title IV)
    97-325      International Carriage of Perishable Foodstuffs Act
    97-290      Export Trading Company Act of 1982 (title I)
    97-290      Bank Export Services Act (title II)
    97-252      Department of Defense Authorization Act, 1983
    97-241      Department of State Authorization Act, Fiscal Years 1982 and
                 1983
    97-241      Foreign Missions Act (title II)
    97-241      United States Information Agency Authorization Act, Fiscal
                 Years 1982 and 1983 (title III)
    97-241      Board for International Broadcasting Authorization Act,
                 Fiscal Years 1982 and 1983 (title IV)
    97-229      Energy Emergency Preparedness Act of 1982
    97-145      Export Administration Amendments Act of 1981
    97-132      Multinational Force and Observers Participation Resolution
    97-127      Czechoslovakian Claims Settlement Act of 1981
    97-113      International Security and Development Cooperation Act of
                 1981
    97-98       Agriculture and Food Act of 1981
    97-98       Agriculture Trade and Export Policy Commission Act (title
                 XII, subtitle C)
    97-35       African Development Bank Act (title XIII, subtitle B, part
                 3)
    96-599      International Coffee Agreement Act of 1980
    96-561      American Fisheries Promotion Act (title II)
    96-533      International Security and Development Cooperation Act of
                 1980
    96-533      African Development Foundation Act (title V)
    96-494      Agriculture Act of 1980
    96-494      Agricultural Trade Suspension Adjustment Act of 1980 (title
                 II)
    96-494      Bill Emerson Humanitarian Trust Act (title III)
    96-487      Alaska National Interests Lands Conservation Act
    96-478      Act to Prevent Pollution from Ships
    96-465      Foreign Service Act of 1980
    96-449      Hostage Relief Act of 1980
    96-422      Refugee Education Assistance Act of 1980
    96-389      Bretton Woods Agreements Act Amendments, 1980
    96-339      Atlantic Tunas Convention Act of 1975, Appropriation
                 Authorization
    96-323      North Atlantic Treaty Organization Mutual Support Act of
                 1979
    96-283      Deep Seabed Hard Mineral Resources Act
    96-283      Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV)
    96-280      Nuclear Non-Proliferation Act of 1978--Agreements for
                 Cooperation
    96-271      International Natural Rubber Agreement Appropriation
                 Authorization for Fiscal Year 1981
    96-259      Providing for Increased Participation by the United States
                 in the Inter-American and Asian Development Banks and
                 African Development Fund
    96-236      International Sugar Agreement, 1977, Implementation
    96-212      Refugee Act of 1980
    96-175      Strategic and Critical Materials Transaction Authorization
                 Act of 1979
    96-133      Energy Policy and Conservation Act Amendments
    96-92       International Security Assistance Act of 1979
    96-72       Export Administration Act of 1979
    96-70       Panama Canal Act of 1979
    96-60       Department of State Authorization Act, Fiscal Years 1980 and
                 1981 (title I)
    96-60       International Communication Agency Authorization Act, Fiscal
                 Years 1980 and 1981 (title II)
    96-53       International Development Cooperation Act of 1979
    96-39       Trade Agreements Act of 1979
    96-35       Special International Security Assistance Act of 1979
     96-9       Reaffirming North Atlantic Alliance--United States
                 Commitment
     96-8       Taiwan Relations Act
    95-630      Financial Institutions Regulatory and Interest Rate Control
                 Act of 1978
    95-630      Export-Import Bank Act Amendments of 1978 (title XIX)
    95-561      Education Amendments of 1978
    95-561      National Academy of Peace and Conflict Resolution (title XV,
                 part B)
    95-511      Foreign Intelligence Surveillance Act of 1978
    95-501      Agricultural Trade Act of 1978
    95-485      Department of Defense Appropriation Authorization Act, 1979
    95-452      Inspector General Act of 1978
    95-435      Bretton Woods Agreements Act Amendments, 1978
    95-426      Foreign Relations Authorization Act, Fiscal Year 1979
    95-426      International Communication Agency Authorization for Fiscal
                 Year 1979 (title II)
    95-424      International Development and Food Assistance Act of 1978
    95-393      Diplomatic Relations Act
    95-384      International Security Assistance Act of 1978
    95-287      Reaffirming the Unity of the North Atlantic Alliance
                 Commitment
    95-242      Nuclear Non-Proliferation Act of 1978
    95-238      Department of Energy Act of 1978
    95-223      International Emergency Economic Powers Act (title II)
    95-213      Foreign Corrupt Practices Act of 1977 (title I)
    95-118      International Financial Institutions Act
    95-113      Food and Agriculture Act of 1977
    95-105      Foreign Relations Authorization Act, Fiscal Year 1978
    95-105      United States Information Agency Authorization for Fiscal
                 Year 1978 (title II)
    95-92       International Security Assistance Act of 1977
    95-88       International Development and Food Assistance Act of 1977
     95-6       Fishery Conservation Zone Transition Act
    94-583      Foreign Sovereign Immunities Act of 1976
    94-472      International Investment and Trade in Services Survey Act
    94-412      National Emergencies Act
    94-350      Foreign Relations Authorization Act, Fiscal Year 1977
    94-350      United States Information Agency Authorization for Fiscal
                 Year 1977 (title II)
    94-350      Foreign Service Retirement Amendments of 1976 (title V)
    94-329      International Security Assistance and Arms Export Control
                 Act of 1976
    94-304      Establishing a Commission on Security and Cooperation in
                 Europe
    94-302      African Development Fund Act (title II)
    94-265      Magnuson-Stevens Fishery Conservation and Management Act of
                 1976
    94-265      Driftnet Act Amendments of 1990 (sec. 206)
    94-163      Energy Policy and Conservation Act
    94-161      International Development and Food Assistance Act of 1975
    94-141      Foreign Relations Authorization Act, Fiscal Year 1976
    94-118      Japan-United States Friendship Act
    94-110      Joint Resolution to Implement the United States Proposal for
                 the Early-Warning System in Sinai
    94-70       Atlantic Tunas Convention Act of 1975
    94-39       National Aeronautics and Space Administration Authorization
                 Act, 1976
    93-627      Deepwater Port Act of 1974
    93-618      Trade Act of 1974
    93-618      Narcotics Control Trade Act (title VIII)
    93-559      Foreign Assistance Act of 1974
    93-479      Foreign Investment Study Act of 1974
    93-475      State Department/USIA Authorization Act, Fiscal Year 1975
    93-366      Antihijacking Act of 1974
    93-365      Department of Defense Appropriation Authorization Act, 1975
    93-248      Intervention on the High Seas Act
    93-205      Endangered Species Act of 1973
    93-199      Emergency Security Assistance Act of 1973
    93-189      Foreign Assistance Act of 1973
    93-188      United Nations Environment Program Participation Act of 1973
    93-153      Trans-Alaska Pipeline Authorization Act
    93-148      War Powers Resolution
    93-129      Board for International Broadcasting Act of 1973
    93-126      Department of State Appropriations Authorization Act of 1973
    93-110      Par Value Modification Act--Foreign Currency Reports (title
                 II)
    92-544      Departments of State, Justice, and Commerce, the Judiciary,
                 and Related Agencies Appropriations Act, 1973
    92-522      Marine Mammal Protection Act of 1972
    92-499      Act to Extend Diplomatic Privileges to the Commission of the
                 European Communities
    92-403      Case Act--Transmittal of International Agreements
    92-352      Foreign Relations Authorization Act of 1972
    92-268      Par Value Modification Act
    92-257      Trust Territory of the Pacific Islands Act
    92-226      Foreign Assistance Act of 1971
    92-39       Micronesian Claims Act of 1971
    91-672      Foreign Military Sales Act Amendments, 1971
    91-652      Special Foreign Assistance Act of 1971
    91-441      Armed Forces Appropriation Authorization, 1971
    91-269      United States Recognition and Participation in International
                 Expositions
    91-175      Foreign Assistance Act of 1969, as amended
    90-629      Arms Export Control Act
    90-554      Foreign Assistance Act of 1968
    90-553      International Center Act
    90-390      Export Loans--Assistance
    90-349      Special Drawing Rights Act
    90-137      Foreign Assistance Act of 1967
    89-732      Cuban Refugee Adjustment Act
    89-673      Foreign Gifts and Decorations Act of 1966
    89-583      Foreign Assistance Act of 1966
    89-532      Convention on the Settlement of Investment Disputes Act of
                 1966
    89-486      Foreign Agents Registration Act Amendments
    89-369      Asian Development Bank Act
    89-296      Ryukyu Islands Claims Settlement Act
    89-259      Cultural Objects--Importation for Temporary Display
    89-171      Foreign Assistance Act of 1965
    89-134      Peace Corps Act Amendments
    88-633      Foreign Assistance Act of 1964
    88-408      Tonkin Gulf Resolution
    88-205      Foreign Assistance Act of 1963
    87-826      Collection and Publication of Foreign Commerce and Trade
                 Statistics
    87-794      Trade Expansion Act of 1962
    87-733      Cuban Resolution
    87-565      Foreign Assistance Act of 1962
    87-510      Migration and Refugee Assistance Act of 1962
    87-297      Arms Control and Disarmament Act
    87-293      Peace Corps Act
    87-256      Mutual Educational and Cultural Exchange Act of 1961
    87-195      Foreign Assistance Act of 1961
    87-195      Tropical Forest Conservation Act of 1998 (part V)
    87-125      General Government Matters, Department of Commerce, and
                 Related Agencies Appropriation Act, 1962
    86-735      Latin American Development Act
    86-628      Legislative Branch Appropriation Act, 1961
    86-565      International Development Association Act
    86-472      Mutual Security Act of 1960
    86-472      Center for Cultural and Technical Interchange Between East
                 and West Act of 1960 (chapter VII)
    86-420      Mexico-United States Interparliamentary Group
    86-147      Inter-American Development Bank Act
    86-108      Mutual Security Act of 1959
    86-42       Canada-United States Interparliamentary Group
    85-931      Agricultural Trade Development and Assistance Act of 1954--
                 Extension and Amendment
    85-846      EURATOM Cooperation Act of 1958
    85-568      National Aeronautics and Space Act of 1958
    85-474      Departments of State and Justice, the Judiciary, and Related
                 Agencies Appropriation Act, 1959
    85-177      International Atomic Energy Agency Participation Act of 1957
     85-7       Resolution To Promote Peace and Stability in the Middle East
    84-885      State Department Basic Authorities Act of 1956
    84-689      United States Group of the North Atlantic Treaty
                 Parliamentary Conferences--Participation Resolution
    84-350      International Finance Corporation Act
    83-703      Atomic Energy Act of 1954
    83-680      Fisherman's Protective Act of 1967
    83-665      Mutual Security Act of 1954
    83-480      Agricultural Trade Development and Assistance Act of 1954
    83-451      Civil Government for the Trust Territory of the Pacific
                 Islands
    82-486      Extending Certain Privileges to Representatives of
                 Organization of American States
    82-414      Immigration and Nationality Act
    81-806      U.S. Participation in Certain International Organizations
    81-764      Tuna Conventions Act of 1950
    81-676      Whaling Convention Act of 1949
    81-507      National Science Foundation Act of 1950
    81-455      International Claims Settlement Act of 1949
    81-439      Agricultural Act of 1949
    80-772      Act of June 25, 1948
    80-772      Logan Act--Private Correspondence With Foreign Governments
    80-772      Johnson Act--Financial Transactions With Foreign Governments
    80-402      United States Information and Educational Exchange Act of
                 1948
    80-357      United Nations Headquarters Agreement Act
    80-253      National Security Council
    79-547      Act of July 25, 1946
    79-291      International Organizations Immunities Act
    79-264      United Nations Participation Act of 1945
    79-173      Export-Import Bank Act of 1945
    79-171      Bretton Woods Agreements Act
    76-54       Neutrality Act of 1939
    75-583      Foreign Agents Registration Act of 1938
    75-543      Act of May 25, 1938
    71-361      Tariff Act of 1930
    69-186      Foreign Service Buildings Act, 1926
    65-91       Trading With the Enemy Act
    ------------------------------------------------------------------------

                                  Appendix II

              Note.--Appendix II lists Public Laws included in
            Legislation on Foreign Relations Through 2005, either
            as freestanding law or in amendments, arranged
            alphabetically by short title or popular name with
            corresponding Public Law number.

    ------------------------------------------------------------------------
                                                                  Public Law
                             Short Title                              No.
    ------------------------------------------------------------------------
    1984 Act to Combat International Terrorism..................  98-533
    1998 Supplemental Appropriations and Rescissions Act........  105-174
    2002 Supplemental Appropriations Act for Further Recovery     107-206
     From and Response to Terrorist Attacks on the United States
    9/11 Commission Implementation Act of 2004 (title VII)......  108-458
    AGOA Acceleration Act of 2004...............................  108-274
    Act For Reform In Emerging New Democracies and Support and    103-199
     Help for Improved Partnership with Russia, Ukraine, and
     Other New Independent States (FRIENDSHIP Act)..............
    Act of May 25, 1938.........................................  75-543
    Act of July 25, 1946........................................  79-547
    Act of June 25, 1948........................................  80-772
    Act to Extend Diplomatic Privileges to the Commission of the  92-499
     European Communities.......................................
    Act to Honor the Victims of the Bombing of Pan Am Flight....  103-158
    Act to Prevent Pollution from Ships.........................  96-478
    Admiral James W. Nance and Meg Donovan Foreign Relations      106-113
     Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
     enacted by reference)......................................
    Afghan Women and Children Relief Act of 2001................  107-81
    Afghanistan Freedom Support Act of 2002.....................  107-327
    Africa: Seeds of Hope Act of 1998...........................  105-385
    African Conflict Resolution Act.............................  103-381
    African Development Bank Act (title XIII, subtitle B, part    97-35
     3).........................................................
    African Development Foundation Act (title V)................  96-533
    African Development Fund Act (title II).....................  94-302
    African Elephant Conservation Act (title II)................  100-478
    African Elephant Conservation Reauthorization Act of 1998...  105-217
    African Elephant Conservation Reauthorization Act of 2001...  107-111
    African Famine Relief and Recovery Act of 1985..............   99-8
    African Growth and Opportunity Act (title I)................  106-200
    Agreement for Nuclear Cooperation Between the United States   99-183
     and China..................................................
    Agricultural Act of 1949....................................  81-439
    Agricultural Competitiveness and Trade Act of 1988 (title     100-418
     IV)........................................................
    Agricultural Development and Trade Act of 1990 (title XV)...  101-624
    Agricultural Exports (title V)..............................  98-258
    Agricultural Programs Adjustment Act of 1984................  98-258
    Agricultural Trade Act of 1978..............................  95-501
    Agricultural Trade Development and Assistance Act of 1954...  83-480
    Agricultural Trade Development and Assistance Act of 1954--   85-931
     Extension and Amendment....................................
    Agricultural Trade Suspension Adjustment Act of 1980 (title   96-494
     II)........................................................
    Agriculture and Food Act of 1981............................  97-98
    Agriculture Export Relief Act...............................  105-194
    Agriculture, Rural Development, Food and Drug                 109-97
     Administration, and Related Agencies Appropriations Act,
     2006.......................................................
    Agriculture Trade and Export Policy Commission Act (title     97-98
     XII, subtitle C)...........................................
    Aid, Trade, and Competitiveness Act of 1992 (title III).....  102-549
    Alaska National Interests Lands Conservation Act............  96-487
    Amendments to U.S.-Mexico Agreement Establishing a Border     108-215
     Environment Cooperation Commission and North American
     Development Bank...........................................
    American Aid to Poland Act of 1988 (title II, subtitle B,     100-418
     part II)...................................................
    American Fisheries Promotion Act (title II).................  96-561
    American Institute in Taiwan Facilities Enhancement Act.....  106-212
    American Servicemembers Protection Act (title II)...........  107-206
    Andean Trade Preference Act (title II)......................  102-182
    Andean Trade Promotion and Drug Eradication Act (title XXXI)  107-210
    Anglo-Irish Agreement Support Act of 1986...................  99-415
    Antarctic Marine Living Resources Convention Act of 1984      98-623
     (title III)................................................
    Antarctic Protection Act of 1990............................  101-594
    Antarctic Science, Tourism, and Conservation Act of 1996....  104-227
    Anti-Economic Discrimination Act of 1994 (title V, part C)..  103-236
    Anti-Terrorism Act of 1987 (title X)........................  100-204
    Antiterrorism and Effective Death Penalty Act of 1996.......  104-132
    Antihijacking Act of 1974...................................  93-366
    Approval of the Compact of Free Association With the          99-658
     Government of Palau........................................
    Approving the Renewal of Import Restrictions--Burma.........  108-272
    Arctic Research and Policy Act of 1984 (title I)............  98-373
    Arctic Tundra Habitat Emergency Conservation Act............  106-108
    Armed Forces Appropriation Authorization, 1971..............  91-441
    Arms Control and Disarmament Act............................  87-297
    Arms Control and Disarmament Act Authorization for Fiscal     99-93
     Years 1986 and 1987 (title VII)............................
    Arms Control and Disarmament Amendments Act of 1987.........  100-213
    Arms Control and Disarmament Amendments Act of 1989.........  101-216
    Arms Control and Nonproliferation Act of 1994 (title VII,     103-236
     part A)....................................................
    Arms Control and Nonproliferation Act of 1999 (title XI,      106-113
     division B, H.R. 3427, enacted by reference)...............
    Arms Control, Nonproliferation, and Security Assistance Act   106-113
     of 1999 (division B, H.R. 3427, enacted by reference)......
    Arms Export Control Act.....................................  90-629
    Asia Foundation Act (title IV)..............................  98-164
    Asian Development Bank Act..................................  89-369
    Asian Elephant Conservation Act of 1997.....................  105-96
    Asian Elephant Conservation Reauthorization Act of 2002.....  107-141
    Asian/Pacific American Heritage Month--Designation..........  102-450
    Assistance for International Malaria Control Act............  106-570
    Assistance for Orphans and Other Vulnerable Children in       109-95
     Developing Countries Act of 2005...........................
    Atlantic Salmon Convention Act of 1982 (title III)..........  97-389
    Atlantic Tunas Convention Act of 1975.......................  94-70
    Atlantic Tunas Convention Act of 1975, Appropriation          96-339
     Authorization..............................................
    Atlantic Tunas Convention Act of 1995 (title III)...........  104-43
    Atlantic Tunas Convention Authorization Act of 1995 (title    104-43
     III).......................................................
    Atomic Energy Act of 1954...................................  83-703
    Au Pair Extension...........................................  104-72
    Authorization for an Improved U.S./Soviet Direct              99-85
     Communications Link........................................
    Authorization for Use of Military Force [international        107-40
     terrorism].................................................
    Authorization for Use of Military Force Against Iraq          107-243
     Resolution of 2002.........................................
    Authorization for Use of U.S. Armed Forces Pursuant to U.N.   102-1
     Security Council Resolution 678............................
    Aviation Security Improvement Act of 1990...................  101-604
    Balanced Budget and Emergency Deficit Control Act of 1985     99-177
     [Gramm-Rudman-Hollings Act]................................
    Ballistic Missile Defense Act of 1995 (title II, subtitle C)  104-106
    Bangladesh Disaster Assistance Act of 1988..................  100-576
    Bank Export Services Act (title II).........................  97-290
    Belarus Democracy Act of 2004...............................  108-347
    Bill Emerson Humanitarian Trust Act (title III).............  96-494
    Biological Weapons Anti-Terrorism Act of 1989...............  101-298
    Bipartian Trade Promotion Authority Act of 2002 (title XXI).  107-210
    Board for International Broadcasting Act of 1973............  93-129
    Board for International Broadcasting Appropriations, 1988     100-202
     (sec. 101(a), title V).....................................
    Board for International Broadcasting Authorization Act,       97-241
     Fiscal Years 1982 and 1983 (title IV)......................
    Board for International Broadcasting Authorization Act,       98-164
     Fiscal Years 1984 and 1985 (title III).....................
    Board for International Broadcasting Authorization Act,       99-93
     Fiscal Years 1986 and 1987 (title III).....................
    Board for International Broadcasting Authorization Act,       100-204
     Fiscal Years 1988 and 1989 (title V).......................
    Bob Stump National Defense Authorization Act for Fiscal Year  107-314
     2003.......................................................
    Bretton Woods Agreements Act................................  79-171
    Bretton Woods Agreements Act Amendments, 1978...............  95-435
    Bretton Woods Agreements Act Amendments, 1980...............  96-389
    Bring Them Home Alive Act of 2000...........................  106-484
    Cambodian Genocide Justice Act (title V, part D)............  103-236
    Canada-United States Interparliamentary Group...............  86-42
    Cape Town Treaty Implementation Act of 2004.................  108-297
    Caribbean Basin Economic Recovery Act (title II)............  98-67
    Caribbean Basin Economic Recovery Expansion Act of 1990       101-382
     (title II).................................................
    Caribbean National Forest Wild and Scenic Rivers Act of 2002  107-365
    Case Act--Transmittal of International Agreements...........  92-403
    Center for Cultural and Technical Interchange Between East    86-472
     and West Act of 1960 (chapter VII).........................
    Central American Peace Assistance...........................  100-276
    Central Bering Sea Fisheries Enforcement Act of 1992 (title   102-582
     III).......................................................
    Chemical and Biological Weapons Control and Warfare           102-182
     Elimination Act of 1991 (title III)........................
    Chemical Weapons Convention Implementation Act of 1998        105-277
     (division I)...............................................
    Child Health Revolution.....................................  98-198
    Chinese Student Protection Act of 1992......................  102-404
    Civil Government for the Trust Territory of the Pacific       83-451
     Islands....................................................
    Clean Air Act Amendments....................................  101-549
    Clean Diamond Trade Act.....................................  108-19
    Clean Water for the Americas Partnership Act of 2002          107-228
     (division A, title VI, subtitle D).........................
    Clement J. Zablocki Memorial Outpatient Facility, American    98-266
     Children's Hospital, Krakow, Poland........................
    Coast Guard Authorization Act of 1993.......................  103-206
    Collection and Publication of Foreign Commerce and Trade      87-826
     Statistics.................................................
    Combatting Proliferation of Weapons of Mass Destruction Act   104-293
     of 1996 (title VII)........................................
    Commercial Space Act of 1998................................  105-303
    Compact of Free Association Act of 1985.....................  99-239
    Competitiveness Policy Council Act (title V, part I,          100-418
     subtitle C)................................................
    Comprehensive Peace in Sudan Act of 2004....................  108-497
    Congo Basin Forest Partnership Act of 2004..................  108-200
    Consolidated Appropriations Act, 2005.......................  108-447
    Continuing Appropriations, Fiscal Year 2006.................  109-77
    Continuing Resolution, 1984.................................  98-151
    Convention on Cultural Property Implementation Act (title     97-446
     III).......................................................
    Convention on the Settlement of Investment Disputes Act of    89-532
     1966.......................................................
    Conventional Forces in Europe Treaty Implementation Act of    102-228
     1991.......................................................
    Cooperative East-West Ventures in Space.....................  98-562
    Cooperative Threat Reduction Act of 1993 (title XII)........  103-160
    Crime Control Act of 1990...................................  101-647
    Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of     104-114
     1996.......................................................
    Cuban Political Prisoners and Immigrants (sec. 101(a), title  100-202
     VII).......................................................
    Cuban Refugee Adjustment Act................................  89-732
    Cuban Resolution............................................  87-733
    Cuban Democracy Act of 1992 (title XVII)....................  102-484
    Cultural Objects--Importation for Temporary Display.........  89-259
    Customs and Trade Act of 1990...............................  101-382
    Customs Border Security Act of 2002 (title III).............  107-210
    Czechoslovakian Claims Settlement Act of 1981...............  97-127
    Dante B. Fascell North-South Center Act of 1991 (sec. 208)..  102-138
    David L. Boren National Security Education Act of 1991......  102-183
    Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV).  96-283
    Deep Seabed Hard Mineral Resources Act......................  96-283
    Deepwater Port Act of 1974..................................  93-627
    Defense Against Weapons of Mass Destruction Act of 1996       104-201
     (title XIV)................................................
    Defense Against Weapons of Mass Destruction Act of 1998       105-261
     (title XIV)................................................
    Defense Conversion, Reinvestment, and Transition Assistance   103-160
     Amendments of 1993 (title XIII)............................
    Defense Offsets Disclosure Act of 1999 (subtitle D, title     106-113
     XII, H.R. 3427, enacted by reference)......................
    Demilitarization of the Former Soviet Union Act of 1992       102-484
     (title XIV)................................................
    Department of Defense and Emergency Supplemental              107-117
     Appropriations for Recovery From and Response To Terrorist
     Attacks on the United States Act, 2002.....................
    Department of Defense Appropriation Act, 1976...............  94-212
    Department of Defense Appropriation Authorization Act, 1975.  93-365
    Department of Defense Appropriation Authorization Act, 1979.  95-485
    Department of Defense Appropriations Act, 2006 (division A).  109-148
    Department of Defense Authorization Act, 1983...............  97-252
    Department of Defense Authorization Act, 1984...............  98-94
    Department of Defense Authorization Act, 1985...............  98-525
    Department of Defense Authorization Act, 1986...............  99-145
    Department of Defense Authorization Act, 1987 (Division A)..  99-661
    Department of Defense, Emergency Supplemental Appropriations  109-148
     To Address Hurricanes in the Gulf of Mexico, and Pandemic
     Influenza Act, 2006........................................
    Department of Energy Act of 1978............................  95-238
    Department of State and Related Agencies Appropriations Act,  109-108
     2006 (title IV)............................................
    Department of State Appropriations Authorization Act of 1973  93-126
    Department of State Authorization Act, Fiscal Year 2003       107-228
     (division A)...............................................
    Department of State Authorization Act, Fiscal Years 1980 and  96-60
     1981 (title I).............................................
    Department of State Authorization Act, Fiscal Years 1982 and  97-241
     1983.......................................................
    Department of State Authorization Act, Fiscal Years 1984 and  98-164
     1985 (titles I, X).........................................
    Department of State Special Agents Retirement Act of 1998...  105-382
    Department of the Interior, Environment, and Related          109-54
     Agencies Appropriations Act, 2006..........................
    Departments of State and Justice, the Judiciary, and Related  85-474
     Agencies Appropriation Act, 1959...........................
    Departments of State, Justice, and Commerce, the Judiciary,   92-544
     and Related Agencies Appropriations Act, 1973..............
    Detainee Treatment Act of 2005 (title XIV)..................  109-163
    Diplomatic Relations Act....................................  95-393
    Diplomatic Security Act (titles I-IV).......................  99-399
    Dire Emergency Supplemental Appropriations Act, 1988........  100-393
    Distribution of USIA Materials..............................  102-454
    Dolphin Protection Consumer Information Act (title IX)......  101-627
    Dominican Republic-Central America-United States Free Trade   109-53
     Agreement Implementation Act...............................
    Driftnet Act Amendments of 1990 (sec. 206)..................  94-265
    Driftnet Impact Monitoring, Assessment, and Control Act of    100-220
     1987 (title IV)............................................
    East Timor Transition to Independence Act of 2002 (division   107-228
     A, title VI, subtitle C)...................................
    Eastern Pacific Tuna Licensing Act of 1984..................  98-445
    Education Amendments of 1978................................  95-561
    Eisenhower Exchange Fellowship Act of 1990..................  101-454
    Emergency Protection for Iraqi Cultural Antiquities Act of    108-429
     2004 (title III)...........................................
    Emergency Security Assistance Act of 1973...................  93-199
    Emergency Supplemental Appropriations Act for Defense and     108-106
     for the Reconstruction of Iraq and Afghanistan, 2004.......
    Emergency Supplemental Appropriations Act for Defense, the    109-13
     Global War on Terror, and Tsunami Relief, 2005.............
    Emergency Supplemental Appropriations To Address Hurricanes   109-148
     in the Gulf of Mexico and Pandemic Influenza Act, 2006
     (division B)...............................................
    Emergency Supplemental Appropriations and Rescissions for     104-6
     the Department of Defense to Preserve and Enhance Military
     Readiness Act of 1995......................................
    Emergency Supplemental Assistance for Israel Act of 1991....  102-21
    Emergency Supplemental Persian Gulf Refugee Assistance Act    102-45
     of 1991....................................................
    Endangered Species Act of 1973..............................  93-205
    Energy Emergency Preparedness Act of 1982...................  97-229
    Energy Policy Act of 1992...................................  102-486
    Energy Policy Act of 2005...................................  109-58
    Energy Policy and Conservation Act..........................  94-163
    Energy Policy and Conservation Act Amendments...............  96-133
    Enhanced Border Security and Visa Entry Reform Act of 2002..  107-173
    Enterprise for the Americas Act of 1992 (title VI)..........  102-549
    Enterprise for the Americas Initiative Act of 1992..........  102-532
    Establishing a Commission on Security and Cooperation in      94-304
     Europe.....................................................
    EURATOM Cooperation Act of 1958.............................  85-846
    European Bank for Reconstruction and Development Act (sec.    101-513
     562(c))....................................................
    European Security Act of 1998 (division G, title XXVII).....  105-277
    Exchange Rates and International Economic Policy              100-418
     Coordination Act of 1988 (title III, subtitle A)...........
    Export Administration Act of 1979...........................  96-72
    Export Administration Amendments Act of 1981................  97-145
    Export Administration Amendments Act of 1985................  99-64
    Export Enhancement Act of 1988 (title II)...................  100-418
    Export Enhancement Act of 1992..............................  102-429
    Export Enhancement Act of 1999..............................  106-158
    Export Enhancement Program Amendments of 1994 (title IV,      103-465
     subtitle A, part II, sec. 411(a))..........................
    Export-Import Bank Act Amendments of 1978 (title XIX).......  95-630
    Export-Import Bank Act Amendments of 1986...................  99-472
    Export-Import Bank Act of 1945..............................  79-173
    Export-Import Bank and Tied Aid Credit Amendments of 1988     100-418
     (title III, subtitle D)....................................
    Export-Import Bank Reauthorization Act of 2002..............  107-189
    Export Loans--Assistance....................................  90-390
    Export Trading Company Act of 1982 (title I)................  97-290
    Extending Certain Privileges to Representatives of            82-486
     Organization of American States............................
    Extradition Treaties Implementation Act of 1998.............  105-323
    Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,   100-418
     part II)...................................................
    Famine Prevention and Freedom From Hunger Improvement Act of  106-373
     2000.......................................................
    Fascell Fellowship Act (title X)............................  99-399
    Fascell Fellowship Amendments Act of 1990 (sec. 9)..........  101-454
    Federal Agriculture Improvement and Reform Act of 1996......  104-127
    Federal Aviation Reauthorization Act of 1996................  104-264
    Federal Reports Elimination Act of 1998.....................  105-362
    Federal Reports Elimination and Sunset Act of 1995..........  104-66
    Federal Triangle Development Act............................  100-113
    Financial Institutions Regulatory and Interest Rate Control   95-630
     Act of 1978................................................
    Financial Reports Act of 1988 (title III, subtitle G).......  100-418
    Finding the Government of Iraq in Unacceptable and Material   105-235
     Breach of Its International Obligations....................
    Fisheries Act of 1995.......................................  104-43
    Fisheries Amendments of 1982................................  97-389
    Fisherman's Protective Act of 1967..........................  83-680
    Fishery Conservation Amendments of 1990.....................  101-627
    Fishery Conservation Zone Transition Act....................   95-6
    Floyd D. Spence National Defense Authorization Act for        106-398
     Fiscal Year 2001...........................................
    Food, Agriculture, Conservation, and Trade Act of 1990......  101-624
    Food, Agriculture, Conservation, and Trade Act Amendments of  102-237
     1991.......................................................
    Food and Agriculture Act of 1977............................  95-113
    Food for Progress Act of 1985 (sec. 1110)...................  99-198
    Food Security Act of 1985...................................  99-198
    Foreign Affairs Agencies Consolidation Act of 1998 (division  105-277
     G, subdivision A)..........................................
    Foreign Affairs Reform and Restructuring Act of 1998          105-277
     (division G)...............................................
    Foreign Agents Registration Act Amendments..................  89-486
    Foreign Agents Registration Act of 1938.....................  75-583
    Foreign Assistance Act of 1961..............................  87-195
    Foreign Assistance Act of 1962..............................  87-565
    Foreign Assistance Act of 1963..............................  88-205
    Foreign Assistance Act of 1964..............................  88-633
    Foreign Assistance Act of 1965..............................  89-171
    Foreign Assistance Act of 1966..............................  89-583
    Foreign Assistance Act of 1967..............................  90-137
    Foreign Assistance Act of 1968..............................  90-554
    Foreign Assistance Act of 1969, as amended..................  91-175
    Foreign Assistance Act of 1971..............................  92-226
    Foreign Assistance Act of 1973..............................  93-189
    Foreign Assistance Act of 1974..............................  93-559
    Foreign Assistance and Related Programs Appropriations Act,   98-151
     1984 (sec. 101(b)(1))......................................
    Foreign Corrupt Practices Act Amendments of 1988 (title V,    100-418
     subtitle A, part I)........................................
    Foreign Corrupt Practices Act of 1977 (title I).............  95-213
    Foreign Debt Reserving Act of 1989 (title IV)...............  101-240
    Foreign Direct Investment and International Financial Date    101-533
     Improvements Act of 1990...................................
    Foreign Gifts and Decorations Act of 1966...................  89-673
    Foreign Intelligence Surveillance Act of 1978...............  95-511
    Foreign Investment Study Act of 1974........................  93-479
    Foreign Military Sales Act Amendments, 1971.................  91-672
    Foreign Missions Act (title II).............................  97-241
    Foreign Missions Amendments Act (title VI)..................  98-164
    Foreign Narcotics Kingpin Designation Act (title VIII)......  106-120
    Foreign Operations, Export Financing, and Related Programs    100-202
     Appropriations Act, 1988 (sec. 101(e)).....................
    Foreign Operations, Export Financing, and Related Programs    100-460
     Appropriations Act, 1989...................................
    Foreign Operations, Export Financing, and Related Programs    101-167
     Appropriations Act, 1990...................................
    Foreign Operations, Export Financing, and Related Programs    101-513
     Appropriations Act 1991....................................
    Foreign Operations, Export Financing, and Related Programs    102-391
     Appropriations Act, 1993...................................
    Foreign Operations, Export Financing, and Related Programs    103-306
     Appropriations Act, 1995...................................
    Foreign Operations, Export Financing, and Related Programs    104-208
     Supplemental Appropriations Act, 1997 (title I, sec.
     101(c))....................................................
    Foreign Operations, Export Financing, and Related Programs    106-113
     Appropriations Act, 2000 (H.R. 3422, enacted by reference).
    Foreign Operations, Export Financing, and Related Programs    106-429
     Appropriations Act, 2001...................................
    [Kenneth M. Ludden] Foreign Operations, Export Financing and  107-115
     Related Programs Appropriations Act, 2002..................
    Foreign Operations, Export Financing and Related Programs     108-7
     Appropriations Act, 2003 (division E)......................
    Foreign Operations, Export Financing, and Related Programs    108-199
     Appropriations Act, 2004 (division D)......................
    Foreign Operations, Export Financing, and Related Programs    108-447
     Appropriations Act, 2005 (division D)......................
    Foreign Operations, Export Financing, and Related Programs    109-102
     Appropriations Act, 2006...................................
    Foreign Relations Authorization Act, Fiscal Year 1976.......  94-141
    Foreign Relations Authorization Act, Fiscal Year 1977.......  94-350
    Foreign Relations Authorization Act, Fiscal Year 1978.......  95-105
    Foreign Relations Authorization Act, Fiscal Year 1979.......  95-426
    Foreign Relations Authorization Act, Fiscal Year 2003.......  107-228
    Foreign Relations Authorization Act, Fiscal Years 1986 and    99-93
     1987.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1988 and    100-204
     1989.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1990 and    101-246
     1991.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1992 and    102-138
     1993.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1994 and    103-236
     1995.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1998 and    105-277
     1999 (division G, subdivision B)...........................
    Foreign Relations Authorization Act of 1972.................  92-352
    Foreign Relations Persian Gulf Conflict Emergency             102-20
     Supplemental Authorization Act, Fiscal Year 1991...........
    Foreign Service Act of 1980.................................  96-465
    Foreign Service Buildings Act, 1926.........................  69-186
    Foreign Service Retirement Amendments of 1976 (title V).....  94-350
    Foreign Shipping Practices Act of 1988 (title X)............  100-418
    Foreign Sovereign Immunities Act of 1976....................  94-583
    Forest Resources Conservation and Shortage Relief Act of      101-382
     1990 (title IV)............................................
    Freedom for Russia and Emerging Eurasian Democracies and      102-511
     Open Markets Support Act of 1992 (FREEDOM Support Act).....
    Freedom Investment Act of 2002 (division A, title VI,         107-228
     subtitle E)................................................
    FRIENDSHIP Act..............................................  103-199
    Further Continuing Appropriations, 1985.....................  99-190
    General Government Matters, Department of Commerce, and       87-125
     Related Agencies Appropriation Act, 1962...................
    Generalized System of Preferences Renewal Act of 1984 (title  98-573
     V).........................................................
    Gerald B.H. Solomon Freedom Consolidation Act of 2002.......  107-187
    German-American Day.........................................  103-100
    German Democratic Republic Fishery Agreement................  100-350
    Global AIDS and Tuberculosis Relief Act of 2000.............  106-264
    Global AIDS Research and Relief Act of 2000 (title I).......  106-264
    Global Anti-Semitism Review Act of 2004.....................  108-332
    Global Change Research Act of 1990..........................  101-606
    Global Climate Change Prevention Act of 1990 (title XXIV)...  101-624
    Global Climate Protection Act of 1987 (title XI)............  100-204
    Global Environmental Protection Assistance Act of 1989        101-240
     (title VII)................................................
    Governing International Fishery Agreement With Poland.......  105-384
    Governing International Fishery Agreements With Iceland and   98-623
     the European Economic Community (title I)..................
    Governing International Fishery Agreements With Japan and     97-389
     Spain (title IV)...........................................
    Great Ape Conservation Act of 2000..........................  106-411
    Haitian Refugee Immigration Fairness Act of 1998 (division    105-277
     A, sec. 101(h), title IX)..................................
    HELP Commission Act (division B, sec. 637)..................  108-199
    Helsinki Human Rights Day...................................  103-294
    High Seas Driftnet Fisheries Enforcement Act................  102-582
    High Seas Driftnet Fishing Moratorium Protection Act (title   104-43
     VI)........................................................
    High Seas Fishing Compliance Act of 1995 (title I)..........  104-43
    Higher Education Amendments of 1986.........................  99-498
    Holocaust Victims Redress Act...............................  105-158
    Horn of Africa Recovery and Food Security Act...............  102-274
    Hostage Relief Act of 1980..................................  96-449
    Human Rights, Refugees, and Other Foreign Relations           104-319
     Provisions Act of 1996.....................................
    Humpback Whales Wildlife Sanctuary (West Indies)............  99-630
    ILSA [Iran and Libya Sanctions Act] Extension Act of 2001...  107-24
    Immigration Act of 1990.....................................  101-649
    Immigration and Nationality Act.............................  82-414
    Immigration Reform and Control Act of 1986..................  99-603
    Implementation of Compact of Free Association With Palau....  101-219
    Implementing Agreement for Vienna Convention on Diplomatic    101-62
     Relations..................................................
    Indochinese Refugee and Resettlement Act of 1987 (sec.        100-202
     101(a), title VIII)........................................
    Inspector General Act of 1978...............................  95-452
    Intelligence Authorization Act for Fiscal Year 1985.........  98-618
    Intelligence Authorization Act for Fiscal Year 1996.........  104-93
    Intelligence Authorization Act for Fiscal Year 1997.........  104-293
    Intelligence Authorization Act for Fiscal Year 1998.........  105-107
    Intelligence Authorization Act for Fiscal Year 2000.........  106-120
    Intelligence Reform and Terrorism Prevention Act of 2004....  108-458
    Inter-American Development Bank Act.........................  86-147
    Inter-American Investment Corporation Act (title II, S.       98-473
     2416, enacted by reference)................................
    Intercountry Adoption Act of 2000...........................  106-279
    International Academic Opportunities Act of 2000 (title III)  106-309
    International Anti-Bribery and Fair Competition Act of 1998.  105-366
    International Anti-Corruption and Good Governance Act of      106-309
     2000 (title II)............................................
    International Arms Sales Code of Conduct Act of 1999          106-113
     (subtitle F, title XII, H.R. 3427, enacted by reference)...
    International Atomic Energy Agency Participation Act of 1957  85-177
    International Carriage of Perishable Foodstuffs Act.........  97-325
    International Center Act....................................  90-553
    International Child Abduction Remedies Act..................  100-300
    International Claims Settlement Act of 1949.................  81-455
    International Coffee Agreement Act of 1980..................  96-599
    International Communication Agency Authorization for Fiscal   95-426
     Year 1979 (title II).......................................
    International Communication Agency Authorization Act, Fiscal  96-60
     Years 1980 and 1981 (title II).............................
    International Cooperation in Global Change Research Act of    101-606
     1990 (title II)............................................
    International Cooperation to Protect Biological Diversity...  100-530
    International Debt Management Act of 1988 (title III,         100-418
     subtitle B)................................................
    International Development and Finance Act of 1989...........  101-240
    International Development and Food Assistance Act of 1975...  94-161
    International Development and Food Assistance Act of 1977...  95-88
    International Development and Food Assistance Act of 1978...  95-424
    International Development Association Act...................  86-565
    International Development Cooperation Act of 1979...........  96-53
    International Dolphin Conservation Act of 1992..............  102-523
    International Dolphin Conservation Program Act..............  105-42
    International Emergency Economic Powers Act (title II)......  95-223
    International Energy Emergency Authorities: Extension.......  100-373
    International Environmental Protection Act of 1983 (title     98-164
     VII).......................................................
    International Finance Corporation Act.......................  84-350
    International Financial Institutions Act....................  95-118
    International Forestry Cooperation Act of 1990 (title VI)...  101-513
    International Investment and Trade in Services Survey Act...  94-472
    International Lending Supervision Act of 1983 (title IX)....  98-181
    International Malaria Control Act (title I).................  106-570
    International Maritime and Port Security Act (title IX).....  99-399
    International Money Laundering Abatement and Financial Anti-  107-56
     Terrorism Act of 2001 (title III)..........................
    International Narcotics Control Act of 1985 (title VI)......  99-83
    International Narcotics Control Act of 1986 (title II)......  99-570
    International Narcotics Control Act of 1988 (title IV)......  100-690
    International Narcotics Control Act of 1989.................  101-231
    International Narcotics Control Act of 1990.................  101-623
    International Narcotics Control Corrections Act of 1994.....  103-447
    International Natural Rubber Agreement Appropriation          96-271
     Authorization for Fiscal Year 1981.........................
    International Organizations Immunities Act..................  79-291
    International Parental Kidnapping Crime Act.................  105-173
    International Peacekeeping Act of 1992......................  102-311
    International Religious Freedom Act of 1998.................  105-292
    International Security and Development Assistance             98-151
     Authorization Act of 1983 (sec. 101(b)(2)).................
    International Security and Development Cooperation Act of     96-533
     1980.......................................................
    International Security and Development Cooperation Act of     97-113
     1981.......................................................
    International Security and Development Cooperation Act of     99-83
     1985.......................................................
    International Security Assistance Act of 1977...............  95-92
    International Security Assistance Act of 1978...............  95-384
    International Security Assistance Act of 1979...............  96-92
    International Security Assistance and Arms Export Control     94-329
     Act of 1976................................................
    International Sugar Agreement, 1977, Implementation.........  96-236
    International Trade and Investment Act (title III)..........  98-573
    International Tuberculosis Control Act of 2000 (title II)...  106-264
    Intervention on the High Seas Act...........................  93-248
    Iran and Libya Sanctions Act of 1996........................  104-172
    Iran Claims Settlement (title V)............................  99-93
    Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)....  102-484
    Iran Nonproliferation Act of 2000...........................  106-178
    Iran Nonproliferation Amendments Act of 2005................  109-112
    Iran Nuclear Proliferation Prevention Act of 2002 (division   107-228
     B, title XIII, subtitle D).................................
    Iraq Liberation Act of 1998.................................  105-338
    Iraq Sanctions Act of 1990 (secs. 586-586J).................  101-513
    Irish Peace Process Cultural and Training Program Act of      105-319
     1998.......................................................
    Japan-United States Friendship Act..........................  94-118
    Japanese Imperial Government Disclosure Act of 2000 (title    106-567
     VIII)......................................................
    Jerusalem Embassy Act of 1995...............................  104-45
    Jobs Through Exports Act of 1992............................  102-549
    Jobs Through Trade Expansion Act of 1994....................  103-392
    Johnson Act--Financial Transactions With Foreign Governments  80-772
    Joint Resolution to Implement the United States Proposal for  94-110
     the Early-Warning System in Sinai..........................
    Jordan Supplemental Economic Assistance Authorization Act of  99-88
     1985 (title IV)............................................
    Kenneth M. Ludden Foreign Operations, Export Financing and    107-115
     Related Programs Appropriations Act, 2002..................
    Latin American Development Act..............................  86-735
    Lebanon Emergency Assistance Act of 1983....................  98-43
    Legislative Branch Appropriation Act, 1961..................  86-628
    Logan Act--Private Correspondence With Foreign Governments..  80-772
    Magnuson-Stevens Fishery Conservation and Management Act of   94-265
     1976.......................................................
    Marine Mammal Protection Act of 1972........................  92-522
    Marine Turtle Conservation Act of 2004......................  108-266
    Mexican Debt Disclosure Act of 1995 (title IV)..............  104-6
    Mexico-United States Interparliamentary Group...............  86-420
    Microenterprise for Self-Reliance Act of 2000 (title I).....  106-309
    Microenterprise for Self-Reliance and International Anti-     106-309
     Corruption Act of 2000.....................................
    Microenterprise Report to Congress..........................  108-31
    Microenterprise Results and Accountability Act of 2004......  108-484
    Micronesian Claims Act of 1971..............................  92-39
    Middle East Peace Facilitation Act of 1993..................  103-125
    Middle East Peace Facilitation Act of 1994 (title V, part E)  103-236
    Middle East Peace Commitments Act of 2002 (division A, title  107-228
     VI, subtitle A)............................................
    Migration and Refugee Assistance Act of 1962................  87-510
    Migratory Bird Treaty Reform Act of 2004 (division E, sec.    108-447
     143).......................................................
    Mike Mansfield Fellowship Act (title II, part C)............  103-236
    Millennium Challenge Act of 2003 (division D, title VI).....  108-199
    Miscellaneous Amendments and Authorization--FYs 1996 and      104-164
     1997.......................................................
    Miscellaneous Appropriations and Offsets Act, 2005 (division  108-447
     J, title I)................................................
    Miscellaneous International Affairs Authorization Act of      100-461
     1988 (S. 2757, enacted by reference).......................
    Miscellaneous Trade and Technical Corrections Act of 1999...  106-36
    Miscellaneous Trade and Technical Corrections Act of 2004...  108-429
    Missile Defense Act of 1991 (title II, part C)..............  102-190
    Most-Favored-Nation Treatment for Cambodia..................  104-203
    Most-Favored-Nation Treatment for People's Republic of        102-158
     Bulgaria...................................................
    Most-Favored-Nation Treatment for People's Republic of        104-162
     Bulgaria...................................................
    Most-Favored-Nation Treatment for Czechoslovakia............  101-541
    Most-Favored Nation Treatment for Mongolian People's          102-157
     Republic...................................................
    Most-Favored-Nation Treatment for Romania...................  104-171
    Most-Favored Nation Treatment for the Union of Soviet         102-197
     Socialist Republics........................................
    Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.  99-190
     2253, enacted by reference)................................
    Multilateral Development Banks Procurement Act (title III,    100-418
     subtitle C)................................................
    Multilateral Development Banks: Sense of Congress (title X).  98-181
    Multilateral Export Control Enhancement Amendments Act        100-418
     (title II, subtitle D, part II)............................
    Multilateral Investment Guarantee Agency Act (sec. 101(e),    100-202
     H.R. 3570, enacted by reference, title IV).................
    Multinational Force and Observers Participation Resolution..  97-132
    Multinational Force in Lebanon Resolution...................  98-119
    Mutual Educational and Cultural Exchange Act of 1961........  87-256
    Mutual Security Act of 1954.................................  83-665
    Mutual Security Act of 1959.................................  86-108
    Mutual Security Act of 1960.................................  86-472
    National Academy of Peace and Conflict Resolution (title XV,  95-561
     part B)....................................................
    National Aeronautics and Space Act of 1958..................  85-568
    National Aeronautics and Space Administration Authorization   94-39
     Act, 1976..................................................
    National Aeronautics and Space Administration Authorization   100-147
     Act of 1988................................................
    National Aeronautics and Space Administration Authorization   100-685
     Act, Fiscal Year 1989......................................
    National Aeronautics and Space Administration Authorization   101-611
     Act, Fiscal Year 1991......................................
    National Aeronautics and Space Administration Authorization   102-195
     Act, Fiscal Year 1992......................................
    National Aeronautics and Space Administration Authorization   102-588
     Act, Fiscal Year 1993......................................
    National and Community Service Act of 1990..................  101-610
    National Critical Materials Act of 1984 (title II)..........  98-373
    National Defense Authorization Act, Fiscal Year 1987........  99-661
    National Defense Authorization Act, Fiscal Year 1989........  100-456
    National Defense Authorization Act for Fiscal Years 1988 and  100-180
     1989.......................................................
    National Defense Authorization Act for Fiscal Years 1990 and  101-189
     1991.......................................................
    National Defense Authorization Act for Fiscal Year 1991.....  101-510
    National Defense Authorization Act for Fiscal Years 1992 and  102-190
     1993.......................................................
    National Defense Authorization Act for Fiscal Year 1993.....  102-484
    National Defense Authorization Act for Fiscal Year 1994.....  103-160
    National Defense Authorization Act for Fiscal Year 1995.....  103-337
    National Defense Authorization Act for Fiscal Year 1996.....  104-106
    National Defense Authorization Act for Fiscal Year 1997.....  104-201
    National Defense Authorization Act for Fiscal Year 1998.....  105-85
    National Defense Authorization Act for Fiscal Year 1999.....  105-262
    National Defense Authorization Act for Fiscal Year 2000.....  106-65
    [Floyd D. Spence] National Defense Authorization Act for      106-398
     Fiscal Year 2001...........................................
    National Defense Authorization Act for Fiscal Year 2002.....  107-107
    [Bob Stump] National Defense Authorization Act for Fiscal     107-314
     Year 2003..................................................
    National Defense Authorization Act for Fiscal Year 2004.....  108-136
    [Ronald W. Reagan] National Defense Authorization Act for     108-375
     Fiscal Year 2005...........................................
    National Defense Authorization Act for Fiscal Year 2006.....  109-163
    National Emergencies Act....................................  94-412
    National Endowment for Democracy Act (title V)..............  98-164
    National Former Prisoners of War Recognition Day............  103-60
    National Missile Defense Act of 1999........................  106-38
    National Science Foundation Act of 1950.....................  81-507
    National Security and Corporate Fairness under the            106-113
     Biological Weapons Convention Act (chapter 2, subtitle A,
     title XI, division B, H.R. 3427, enacted by reference).....
    National Security Council...................................  80-253
    National Shipbuilding and Shipyard Conversion Act of 1993     103-160
     (title XIII, subtitle D)...................................
    National Space Council Authorization Act of 1990............  101-328
    National Terrorist Asset Trading Center.....................  106-346
    NATO Participation Act of 1994 (title II)...................  103-447
    Naval Vessels Transfer Act of 2005..........................  109-134
    Nazi War Crimes Disclosure Act..............................  105-246
    Neotropical Migratory Bird Conservation Act.................  106-247
    Neutrality Act of 1939......................................  76-54
    Nicaraguan Adjustment and Central American Relief Act (title  105-100
     II)........................................................
    Nondiscriminatory Treatment Toward Products of Albania......  102-363
    Nondiscriminatory Treatment Toward Products of Romania......  103-133
    Nonproliferation Assistance Coordination Act of 2002........  107-228
    Nonindigenous Aquatic Nuisance Prevention and Control Act of  101-646
     1990.......................................................
    North American Free Trade Agreement Implementation Act......  103-182
    North Atlantic Treaty Organization Mutual Support Act of      96-323
     1979.......................................................
    North Korea Threat Reduction Act of 1999 (subtitle B, title   106-113
     VIII, division A, H.R. 3427, enacted by reference).........
    North Korean Human Rights Act of 2004.......................  108-333
    North Pacific Anadromous Stocks Act of 1992 (title VIII)....  102-567
    North Pacific Anadromous Stocks Convention Act of 1992        102-587
     (title VIII)...............................................
    Northern Uganda Crisis Response Act.........................  108-283
    Northwest Atlantic Fisheries Convention Act of 1995 (title    104-43
     II)........................................................
    Nuclear Non-Proliferation Act of 1978.......................  95-242
    Nuclear Non-Proliferation Act of 1978--Agreements for         96-280
     Cooperation................................................
    Nuclear Proliferation Prevention Act of 1994 (title VIII)...  103-236
    Nuclear Security Initiative Act of 2003 (title XXXVI).......  108-136
    Nuclear Waste Policy Act of 1982............................  97-425
    Oceans Act of 1992..........................................  102-587
    Oceans Act of 2000..........................................  106-256
    Office of National Drug Control Policy Reauthorization Act    105-277
     of 1998 (division C, title VII)............................
    Oil Pollution Act of 1990...................................  101-380
    Omnibus Consolidated and Emergency Supplemental               105-277
     Appropriations Act for Fiscal Year 1999....................
    Omnibus Consolidated Appropriations for Fiscal Year 1997....  104-208
    Omnibus Diplomatic Security and Antiterrorism Act of 1986...  99-399
    Omnibus Insular Areas Act of 1992...........................  102-247
    Omnibus Trade and Competitiveness Act of 1988...............  100-418
    Operation Desert Shield/Desert Storm Supplemental             102-28
     Appropriations Act, 1991...................................
    Overseas Private Investment Corporation Amendments Act of     100-461
     1988 (H.R. 5263, enacted by reference).....................
    Pacific Charter Commission Act of 2000 (title IV)...........  106-570
    Pacific Salmon Treaty Act of 1985...........................   99-5
    Passport Services Enhancement Act of 2005...................  109-167
    Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)....  106-309
    Paul D. Coverdell World Wise Schools Act of 2000 (title VI).  106-570
    Panama Canal Act of 1979....................................  96-70
    Panama Canal Act Amendments of 1996.........................  104-201
    Panama Canal Commission Authorization Act for Fiscal Year     101-189
     1990 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     101-510
     1991 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     102-190
     1992 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     102-484
     1993 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     103-160
     1994 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     103-337
     1995 (title XXXVI).........................................
    Panama Canal Commission Authorization Act for Fiscal Year     104-106
     1996 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     104-201
     1997 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     105-85
     1998 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     105-261
     1999 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     106-65
     2000 (title XXXV)..........................................
    Par Value Modification Act..................................  92-268
    Par Value Modification Act--Foreign Currency Reports (title   93-110
     II)........................................................
    Peace Corps Act.............................................  87-293
    Peace Corps Act Amendments..................................  89-134
    Peace Corps Authorization for Fiscal Years 1986 and 1987      99-83
     (title XI).................................................
    Peace Corps Authorization for Fiscal Year 1993..............  102-565
    Peace Corps Reauthorization.................................  106-30
    Peace Process in Liberia....................................  102-270
    Persian Gulf Conflict Supplemental Authorization and          102-25
     Personnel Benefits Act of 1991.............................
    Persian Gulf POW/MIA Accountability Act of 2002.............  107-258
    Pesticide Monitoring Improvements Act of 1988 (title IV,      100-418
     subtitle G)................................................
    PLO Commitments Compliance Act of 1989 (title VIII).........  101-246
    President's Emergency Food Assistance Act of 1984 (title      98-473
     III).......................................................
    Prevention of Child Abduction Partnership Act...............  108-370
    Primary Dealers Act of 1988 (title III, subtitle F).........  100-418
    Proliferation Prevention Enhancement Act of 1999 (subtitle    106-113
     E, title XII, H.R. 3427, enacted by reference).............
    Protection and Reduction of Government Secrecy Act (title     103-236
     IX)........................................................
    Protection of Antarctica....................................  101-620
    Protection of Foreign Missions..............................  97-418
    Providing for Increased Participation by the United States    96-259
     in the Inter-American and Asian Development Banks and
     African Development Fund...................................
    Quincentenary of Voyage of Christopher Columbus.............  102-472
    R.M.S. Titanic Maritime Memorial Act of 1986................  99-513
    Radio Broadcasting to Cuba Act..............................  98-111
    Radio Free Afghanistan......................................  107-148
    Radio Free Asia Act of 1998 (title XXXIX)...................  105-261
    Reaffirming North Atlantic Alliance--United States             96-9
     Commitment.................................................
    Reaffirming the Unity of the North Atlantic Alliance          95-287
     Commitment.................................................
    Records Relating to Nazi Warm Crimes........................  104-309
    Refugee Act of 1980.........................................  96-212
    Refugee Education Assistance Act of 1980....................  96-422
    Release of USIA Materials to Museums........................  99-475
    Release of USIA Materials: ``Fragile Ring of Life''.........  104-161
    Release of USIA Materials: VOA, Radio Marti Recordings......  104-269
    Renewal of Import Restrictions--Burmese Freedom and           109-39
     Democracy Act of 2003......................................
    Research and Training for Eastern Europe and the Independent  98-164
     States of the Former Soviet Union Act of 1983 (title VIII).
    Resolution To Promote Peace and Stability in the Middle East   85-7
    Rhinoceros and Tiger Conservation Act of 1994...............  103-391
    Rhinoceros and Tiger Conservation Act of 1998...............  105-312
    Rhinoceros and Tiger Conservation Reauthorization Act of      107-112
     2001.......................................................
    Rio Grande American Canal Extension Act of 1990.............  101-438
    Rio Grande Pollution Correction Act of 1987.................  100-465
    Ronald W. Reagan National Defense Authorization Act for       108-375
     Fiscal Year 2005...........................................
    Russian Democracy Act of 2002...............................  107-246
    Russian Federation Debt for Nonproliferation Act of 2002      107-228
     (division B, title XIII, subtitle B).......................
    Ryukyu Islands Claims Settlement Act........................  89-296
    Sales of Arms to Jordan.....................................  99-162
    Science, State, Justice, Commerce, and Related Agencies       109-108
     Appropriations Act, 2006...................................
    Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)..  104-43
    Secure Embassy Construction and Counterterrorism Act of 1999  106-113
     (title VI, division A, H.R. 3427, enacted by reference)....
    Security Assistance Act of 1999 (title XII, H.R. 3427,        106-113
     enacted by reference)......................................
    Security Assistance Act of 2000.............................  106-280
    Security Assistance Act of 2002 (division B)................  107-228
    Senator Paul Simon Water for the Poor Act of 2005...........  109-121
    Shark Finning Prohibition Act...............................  106-557
    Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted  106-113
     by reference)..............................................
    Small Business International Trade and Competitiveness Act    100-418
     (title VII)................................................
    South African Democratic Transition Support Act of 1993.....  103-149
    South Pacific Tuna Act of 1988..............................  100-330
    Soviet Nuclear Threat Reduction Act of 1991 (title II)......  102-228
    Soviet Scientists Immigration Act of 1992...................  102-509
    Special Drawing Rights Act..................................  90-349
    Special Foreign Assistance Act of 1971......................  91-652
    Special Foreign Assistance Act of 1986......................  99-529
    Special International Security Assistance Act of 1979.......  96-35
    Spoils of War Act of 1994 (title V, part B).................  103-236
    State Department Basic Authorities Act of 1956..............  84-885
    State Department/USIA Authorization Act, Fiscal Year 1975...  93-475
    Steel Import Stabilization Act (title VIII).................  98-573
    Strategic and Critical Materials Transaction Authorization    96-175
     Act of 1979................................................
    Striped Bass Conservation, Atlantic Coastal Fisheries         106-555
     Management and Marine Mammal Rescue Assistance Act of 2000.
    Strom Thurmond National Defense Authorization Act for Fiscal  105-261
     Year 1999..................................................
    Sudan Peace Act.............................................  107-245
    Supplemental Appropriations Act of 1993.....................  103-50
    Supplemental Appropriations Act, 1984.......................  98-181
    Supplemental Appropriations Act, 1985.......................  99-88
    Support for East European Democracy (SEED) Act of 1989......  101-179
    Support for Overseas Cooperative Development Act (sec. 401).  106-309
    Survival Assistance for Victims of Civil Strife in Central    101-215
     America....................................................
    Sustainable Fisheries Act...................................  104-297
    Syria Accountability and Lebanese Sovereignty Restoration     108-175
     Act of 2003................................................
    Taiwan's Participation in the World Health Organization.....  108-235
    Taiwan's Participation in the World Health Organization.....  108-28
    Taiwan Relations Act........................................   96-8
    Tariff Act of 1930..........................................  71-361
    Tariff Suspension and Trade Act of 2000.....................  106-476
    Telecommunications Trade Act of 1988 (title I, subtitle C,    100-418
     part 4)....................................................
    Termination of Trade Restrictions to Czechoslovakia and       102-182
     Hungary....................................................
    Terrorist Bombings Convention Implementation Act of 2002....  107-197
    Tibetan Policy Act 2002 (division A, title VI, subtitle B)..  107-228
    To Provide Certain Authorities for the Department of State..  109-140
    To Provide for an Investigation of the Whereabouts of U.S.    103-372
     Citizens Missing From Cyprus Since 1974....................
    Tonkin Gulf Resolution......................................  88-408
    Torture Victim Protection Act of 1991.......................  102-256
    Torture Victims Relief Reauthorization Act of 1999..........  106-87
    Torture Victims Relief Reauthorization Act of 2005..........  109-165
    Tourism Policy and Export Promotion Act of 1992.............  102-372
    Trade Act of 1974...........................................  93-618
    Trade Act of 2002...........................................  107-210
    Trade Agreements Act of 1979................................  96-39
    Trade and Development Act of 2000...........................  106-200
    Trade and Development Enhancement Act of 1983 (title VI,      98-181
     part C)....................................................
    Trade and Tariff Act of 1984................................  98-573
    Trade Deficit Review Commission Act (division A, sec. 127)..  105-277
    Trade Expansion Act of 1962.................................  87-794
    Trade Sanctions Reform and Export Enhancement Act of 2000     106-387
     (title IX).................................................
    Trading With the Enemy Act..................................  65-91
    Trafficking Victims Protection Act of 2000 (division A).....  106-386
    Trafficking Victims Protection Reauthorization Act of 2005..  109-164
    Trans-Alaska Pipeline Authorization Act.....................  93-153
    Transfer of Items To War Reserves Stockpile for Allies,       109-159
     Korea......................................................
    Tropical Forest Conservation Act of 1998 (part V)...........  87-195
    Tropical Forest Conservation Act Reauthorization............  108-323
    Trust Territory of the Pacific Islands Act..................  92-257
    Tuna Conventions Act of 1950................................  81-764
    United Nations Environment Program Participation Act of 1973  93-188
    United Nations Headquarters Agreement Act...................  80-357
    United Nations Participation Act of 1945....................  79-264
    United Nations Reform Act of 1998 (division F, subdivision    105-277
     C).........................................................
    United Nations Reform Act of 1999 (title IX, division A,      106-113
     H.R. 3427, enacted by reference)...........................
    United States-Australia Free Trade Agreement Implementation   108-286
     Act........................................................
    United States-Canada Free Trade Agreement Implementation Act  100-449
     of 1988....................................................
    United States-Chile Free Trade Agreement Implementation Act.  108-77
    United States Government Opposition to the Practice of        98-447
     Torture....................................................
    United States Group of the North Atlantic Treaty              84-689
     Parliamentary Conferences--Participation Resolution........
    United States-Hong Kong Policy Act of 1992..................  102-383
    United States-India Fund for Cultural, Educational, and       98-164
     Scientific Cooperation Act (title IX)......................
    United States Information Agency Authorization for Fiscal     94-350
     Year 1977 (title II).......................................
    United States Information Agency Authorization for Fiscal     95-105
     Year 1978 (title II).......................................
    United States Information Agency Authorization Act, Fiscal    97-241
     Years 1982 and 1983 (title III)............................
    United States Information Agency Authorization Act, Fiscal    98-164
     Years 1984 and 1985 (title II).............................
    United States Information Agency Authorization Act, Fiscal    99-93
     Years 1986 and 1987 (title II).............................
    United States Information Agency Authorization Act, Fiscal    100-204
     Years 1988 and 1989 (title II).............................
    United States Information and Educational Exchange Act of     80-402
     1948.......................................................
    United States Institute for Peace Act (title XVII)..........  98-525
    United States International Broadcasting Act of 1994 (title   103-236
     III).......................................................
    United States-Bahrain Free Trade Agreement Implementation     109-169
     Act........................................................
    United States-Israel Free Trade Area Implementation Act of    99-47
     1985.......................................................
    United States-Japan Fishery Agreement Approval Act of 1987..  100-220
    United States-Jordan Free Trade Area Implementation Act.....  107-43
    United States-Korea Fishery Agreement.......................  100-66
    United States Leadership Against HIV/AIDS, Tuberculosis, and  108-25
     Malaria Act of 2003........................................
    United States-Macau Policy Act of 2000 (title II)...........  106-570
    United States-Morocco Free Trade Agreement Implementation     108-302
     Act........................................................
    United States Policy in Iraq Act (section 1227).............  109-163
    United States Policy Toward Haiti...........................  103-423
    United States Recognition and Participation in International  91-269
     Expositions................................................
    United States Scholarship Program for Developing Countries    99-93
     Authorization, Fiscal Years 1986 & 1987 (title VI).........
    Uniting and Strengthening America By Providing Appropriate    107-56
     Tools Required To Intercept and Obstruct Terrorism (USA
     PATRIOT ACT) Act of 2001...................................
    Urgent Assistance for Democracy in Panama Act of 1990.......  101-243
    Uruguay Rounds Agreements Act...............................  103-465
    U.S.-China Relations Act of 2000............................  106-286
    U.S. Holocaust Assets Commission Act of 1998................  105-186
    U.S. Participation in Certain International Organizations...  81-806
    U.S.-U.S.S.R. Fishing Agreement.............................  100-629
    Victims of Terrorism Compensation Act (title VIII)..........  99-399
    Victims of Trafficking and Violence Protection Act of 2000..  106-386
    Vietnam Education Foundation Act of 2000 (title II).........  106-554
    Visa for Officials of Taiwan................................  103-416
    War Powers Resolution.......................................  93-148
    Weapons of Mass Destruction Control Act of 1992 (title XV)..  102-484
    Western Hemisphere Drug Elimination Act (division C, title    105-277
     VIII)......................................................
    Western Hemisphere Drug Elimination Technical Corrections     106-35
     Act........................................................
    Whaling Convention Act of 1949..............................  81-676
    Wild Bird Conservation Act of 1992..........................  102-440
    Wine Equity and Export Expansion Act of 1984 (title IX).....  98-573
    Withdrawal of MFN From Serbia and Montenegro................  102-420
    Wool Suit and Textile Trade Extension Act of 2004 (title IV)  108-429
    World Food Day..............................................  103-108
    Yukon River Salmon Act of 1995 (title VII)..................  104-43
    Yukon River Salmon Act of 2000..............................  106-450
    Zimbabwe Democracy and Economic Recovery Act of 2001........  107-99
    ------------------------------------------------------------------------

                                USE OF THE INDEX

                                  ----------                              _

        The index is organized by subject matter only. Each subject
    entry also includes the legal citation indicating the document
    to which it refers. These legal citations were not chosen on
    the basis of standard legal citation form, but rather for the
    amount of information they provided and for convenience in
    producing a computer-printed index.
        Page references, wherever possible, indicate the exact page
    on which mention of the entry is made. Entries of a more
    general nature that refer to a large section or to an entire
    document are listed with the page on which the reference
    begins.
                                   I N D E X

                                  ----------                              _

                                        A

    ACEP. See Advisory Committee on
     Export Policy
    ADB. See Asian Development Bank
    Adjustment Assistance Coordinating
     Committee
      Establishment of                   PL 93-618 Sec 281.....       343
    Advisory Committee for Trade Policy
     and Negotiations
      Establishment of.................  PL 93-618 Sec 135(b)..       279
      Meeting at conclusion of           PL 93-618 Sec 135(e)..       281
       negotiations.
    Advisory Committee on Export Policy
      Establishment of.................  EO 12981 Sec 5........      1447
      Operating Committee..............  EO 12981 Sec 5........      1447
      Resolution procedures............  EO 12981 Sec 5........      1448
    ADF. See African Development Fund
    Afghanistan
      Agricultural export licensing....  PL 106-387 Sec 906....      1484
      Most-favored-nation treatment
        Authority to deny..............  PL 99-190 Sec 118.....      1638
                                         PL 99-190 Sec 552.....      1638
    Africa
      South African Democratic           PL 103-149............      1628
       Transition Support Act of 1993.
        Apartheid sanctions laws,        PL 103-149 Sec 4......      1630
         repeal of.
        Consultation with South          PL 103-149 Sec 10.....      1634
         Africans.
        Cooperative agreements.........  PL 103-149 Sec 8......      1633
        Findings.......................  PL 103-149 Sec 2......      1628
        Information and educational      PL 103-149 Sec 7......      1633
         exchange programs.
        International financial          PL 103-149 Sec 9......      1633
         institutions.
        Sanctions, repeal of...........  PL 103-149 Sec 4......      1630
        Transition to a non-racial       PL 103-149 Sec 5......      1631
         democracy, U.S. assistance.
        U.S. investment and trade......  PL 103-149 Sec 6......      1633
        U.S. policy, sense of Congress.  PL 103-149 Sec 3......      1629
      Special Facility for Sub-Saharan
       Africa
        Appropriations authorization...  PL 86-565 Sec 19......        46
        Eighth replenishment of          PL 86-565 Sec 20......        46
         resources, U.S. payments to.
        Findings.......................  PL 99-190 Sec 101.....        49
        Fourteenth replenishment of      PL 86-565 Sec 23......        48
         resources, U.S. payments to.
        Ninth replenishment of           PL 86-565 Sec 21......        46
         resources, U.S. payments to.
        Thirteenth replenishment of      PL 86-565 Sec 22......        47
         resources, U.S. payments to.
      Sub-Saharan Africa
        Designation for certain trade    PL 93-618 Sec 506A....       403
         benefits.
        Export-Import Bank of the        PL 79-173 Sec 2(b)....      1237
         United States commitments.
    Africa--Continued
      Sub-Saharan Africa--Continued
        Financing human welfare and      PL 95-118 Sec 1609....       182
         natural resource programs in
         connection with debt reduction
         and conversion, initiation of
         discussions.
        Trade benefits termination.....  PL 93-618 Sec 506B....       404
      Trade and development policy.....  PL 103-465 Sec 134....       675
    African Development Bank. See
     Foreign Operations Appropriations
     Instructions, FY 2006; Funding for
     mines; International debt
     forgiveness and international
     financial institutions reform;
     International Financial
     Institutions Act
    African Development Bank Act.......  PL 97-35..............        96
      Bretton Woods Agreements Act       PL 97-35 Sec 1335.....        97
       applicability.
      Capital stock subscription.......  PL 97-35 Sec 1343.....       100
      Director or alternate Director,    PL 97-35 Sec 1334.....        97
       allowances.
      Effectiveness of agreement.......  PL 97-35 Sec 1340.....        99
      Federal Reserve banks as           PL 97-35 Sec 1337.....        97
       depositories.
      Governor and alternate Governor..  PL 97-35 Sec 1333.....        96
      Jurisdiction of U.S. courts......  PL 97-35 Sec 1339.....        98
      Membership acceptance............  PL 97-35 Sec 1332.....        96
      Restrictions.....................  PL 97-35 Sec 1336.....        97
      Securities issued as exempt,       PL 97-35 Sec 1341.....        99
       filing with Securities and
       Exchange Commission.
      Stock subscription...............  PL 97-35 Sec 1338.....        98
    African Development Fund. See also
     International debt forgiveness and
     international financial
     institutions reform; International
     Financial Institutions Act
      Increased U.S. participation, use
       of renewable resources for
       energy production
        Findings.......................  PL 96-259 Sec 601.....       148
        U.S. policies..................  PL 96-259 Sec 602.....       149
      Replenishment of.................  PL 100-461............       144
        Debt reduction for borrower      PL 100-461 Sec 5......       146
         countries, partial guarantees
         in connection with.
        Improving access of small        PL 100-461 Sec 12.....       147
         businesses to World Bank
         procurement, sense of Congress.
        Policy based lending for debt    PL 100-461 Sec 3......       144
         reduction.
        World Bank policy based lending  PL 100-461 Sec 4......       146
         limitations.
    African Development Fund Act.......  PL 94-302.............       101
      Actions not to be taken without    PL 94-302 Sec 205.....       102
       authorization.
      Bretton Woods Agreements Act       PL 94-302 Sec 204.....       102
       applicability.
      Effectiveness of agreement.......  PL 94-302 Sec 209.....       103
      Federal Reserve banks as           PL 94-302 Sec 206.....       102
       depositories.
      Fifth replenishment of resources,  PL 94-302 Sec 215.....       105
       U.S. contribution.
      First replenishment of resources,  PL 94-302 Sec 211.....       103
       U.S. contribution.
      Fourth replenishment of            PL 94-302 Sec 214.....       105
       resources, U.S. contribution.
      Governor and alternate Governor..  PL 94-302 Sec 203.....       101
      Jurisdiction of U.S. courts......  PL 94-302 Sec 208.....       102
      Membership acceptance............  PL 94-302 Sec 202.....       101
      Ninth replenishment of resources,  PL 94-302 Sec 217.....       106
       U.S. contribution.
    African Development Fund Act--
     Continued
      Preventing loans or funds          PL 94-302 Sec 210.....       103
       utilization for countries
       nullifying contracts or seizing
       property of U.S. citizens.
      Second replenishment of            PL 94-302 Sec 212.....       104
       resources, U.S. contribution.
      Sixth replenishment of resources,  PL 94-302 Sec 216.....       105
       U.S. contribution.
      Subscription payment.............  PL 94-302 Sec 206.....       102
      Tenth replenishment of resources,  PL 94-302 Sec 218.....       106
       U.S. contribution.
      Third replenishment of resources,  PL 94-302 Sec 213.....       104
       U.S. contribution.
    African Growth and Opportunity Act.  PL 106-200............      1078
     See also AGOA Acceleration Act of
     2004.
      Harmonized Tariff Schedule
        Products of countries            Gen. note 16..........       889
         designated beneficiary
         developing countries.
      Implementation of................  PL 107-210 Sec 353....       617
        Apparel articles assembled from  EO 13191 Sec 1........      1105
         fabrics or yarn not available
         in commercial quantities.
        Effective visa systems.........  EO 13191 Sec 5........      1106
        Handloomed, handmade, and        EO 13191 Sec 2........      1105
         folklore articles.
        Interlinings...................  EO 13191 Sec 3........      1106
        Penalties for transshipments...  EO 13191 Sec 4........      1106
      Sub-Saharan Africa trade benefits
        Apparel articles...............  PL 106-200 Sec 112(b).      1089
        Appropriations authorization...  PL 106-200 Sec 113(d).      1095
        Assistant United States Trade    PL 106-200 Sec 117....      1096
         Representative for African
         Affairs.
        Customs procedures and           PL 106-200 Sec 113(b).      1093
         enforcement.
        Customs service enforcement....  PL 106-200 Sec 113(c).      1094
        Definitions....................  PL 106-200 Sec 112(e).      1092
        Free trade agreements..........  PL 106-200 Sec 116....      1095
        Handloomed, handmade, folklore   PL 106-200 Sec 112(b).      1089
         articles and ethnic printed
         fabrics.
        Limitations on benefits........  PL 106-200 Sec 112(b).      1085
        Preferential treatment.........  PL 106-200 Sec 112(a).      1084
                                         PL 106-200 Sec 113(a).      1092
        Products covered...............  PL 106-200 Sec 112(b).      1084
        Protections against              PL 106-200 Sec 113....      1092
         transshipment.
        Quotas on textile and apparel    PL 106-200 Sec 112(c).      1091
         imports from Kenya and
         Mauritius, treatment of.
        Special rules..................  PL 106-200 Sec 112(b).      1086
                                         PL 106-200 Sec 112(d).      1091
        Treatment of textiles and        PL 106-200 Sec 112....      1084
         apparel.
      Sub-Saharan Africa trade policy
        Eligibility requirements.......  PL 106-200 Sec 104....      1079
        Findings.......................  PL 106-200 Sec 102....      1078
        Political entities referred to.  PL 106-200 Sec 107....      1082
        Reporting requirement..........  PL 106-200 Sec 106....      1082
        Statement of policy............  PL 106-200 Sec 103....      1079
        United States-Sub-Saharan        PL 106-200 Sec 105....      1080
         Africa Trade and Economic
         Cooperation Forum.
    Agency for International
     Development
      AID credit guarantees to finance   PL 102-549 Sec 307....       680
       capital projects, report.
      Capital projects for poverty       PL 102-549 Sec 303....       678
       alleviation and environmental
       safety and sustainability.
      Capital projects office..........  PL 102-549 Sec 302....       677
        Activities.....................  PL 102-549 Sec 302(c).       678
        Coordination...................  PL 102-549 Sec 304....       679
    Agency for International
     Development--Continued
      Capital projects office--
       Continued
        Definitions....................  PL 102-549 Sec 308....       680
        Establishment of...............  PL 102-549 Sec 302(a).       677
        Funding for capital projects...  PL 102-549 Sec 306....       679
        Purposes of....................  PL 102-549 Sec 302(b).       677
        Reports on capital projects....  PL 102-549 Sec 305....       679
      Credit guarantees to finance       PL 102-549 Sec 307....       680
       capital projects, report.
    AGOA. See African Growth and
     Opportunity Act
    AGOA Acceleration Act of 2004......  PL 108-274............      1097
      Agricultural technical assistance  PL 108-274 Sec 13.....      1103
      Definition.......................  PL 108-274 Sec 6......      1100
      Development study and capacity     PL 108-274 Sec 9......      1101
       building.
      Entries of apparel articles        PL 108-274 Sec 8......      1100
       pursuant to the AGOA.
      Findings.........................  PL 108-274 Sec 2......      1097
      Interpretation of textile and      PL 108-274 Sec 5......      1100
       apparel provisions, sense of
       Congress.
      Reciprocity and regional economic  PL 108-274 Sec 4......      1099
       integration, sense of Congress.
      Statement of policy..............  PL 108-274 Sec 3......      1098
      Trade advisory committee on        PL 108-274 Sec 14.....      1104
       Africa.
      Trade capacity and ecotourism      PL 108-274 Sec 10.....      1101
       infrastructure.
      Transportation, energy,            PL 108-274 Sec 11.....      1103
       agriculture, and
       telecommunications
       infrastructure.
      Transportation facilitation......  PL 108-274 Sec 12.....      1103
    Agricultural Adjustment Act
      Import restrictions..............  PL 100-418 Sec 1211(c)       718
    Agricultural commodities
      Corn gluten, possible European     PL 98-573 Sec 245.....       787
       Community tariff action, sense
       of Congress.
      Countervailable subsidies          PL 71-361 Sec 771B....       573
       calculation.
      Export control exclusion.........  PL 96-72 Sec 5(q).....      1363
      Export-Import Bank of the United   PL 79-173 Sec 2(b)....      1236
       States assistance.
      Exports from beneficiary           PL 93-618 Sec 506.....       403
       developing countries.
      Hogs and pork products from        PL 98-573 Sec 250.....       789
       Canada.
      Honey, study on imports..........  PL 98-573 Sec 246.....       788
      Principal trade negotiating        PL 100-418 Sec 1101(b)       692
       objectives.
      Short supply export controls.....  PL 96-72 Sec 7(g).....      1380
      Special trade rules..............  PL 71-361 Sec 771.....       559
      Trade adjustment assistance,       PL 106-200 Sec 408....       653
       report.
      Trade consultations with Congress  PL 106-200 Sec 409(c).       654
      Trade negotiating objectives.....  PL 106-200 Sec 409....       653
      United States-Canada Free-Trade
       Agreement Implementation Act
        Fresh fruits and vegetables,     PL 100-449 Sec 301....       999
         special tariff provisions for.
        Potato trade limitation          PL 100-449 Sec 304(d).      1007
         negotiation.
    Agriculture. See also Farmers
      Caribbean Basin agricultural       PL 101-382 Sec 242....       985
       infrastructure support.
    AID. See Agency for International
     Development
    Aid, Trade, and Competitiveness Act  PL 102-549 Title III..       677
     of 1992.
    AIDS
      Enhanced HIPC Initiative,          PL 95-118 Sec 1625....       196
       modification of.
      HIV/AIDS pharmaceuticals.........  EO 13155..............       925
        Policy.........................  EO 13155 Sec 1........       925
        Rationale......................  EO 13155 Sec 2........       925
    AIDS--Continued
      HIV/AIDS pharmaceuticals--
       Continued
        Scope..........................  EO 13155 Sec 3........       926
      Sub-Sahara Africa, effect on       PL 106-200 Sec 105(e).      1081
       workforce.
    Air pollution
      North American Development Bank    PL 108-215 Sec 6......       123
       financing of projects, sense of
       Congress.
    Air transportation
      Syria, prohibition of............  EO 13338 Sec 2........      1623
    Aircraft, civil
      Condemnation of Cuban attack.....  PL 104-114 Sec 116....      1532
      Waiver of discriminatory           PL 96-39 Sec 303......       834
       purchasing requirements.
    Alaska
      Oil export study.................  PL 99-64 Sec 126......      1431
    Albania
      Normal trade relations...........  PL 102-363............      1192
                                         PL 106-200 Sec 301....      1178
      Trade Act of 1974 waiver.........  EO 12809..............      1203
    American Institute of Taiwan
      Commercial personnel.............  PL 100-418 Sec 2201...      1284
    Andean region
      Extension of trade benefits to...  PL 101-382 Sec 243....       986
    Andean Trade Preference Act........  PL 102-182............       960
      Authority to grant duty-free       PL 102-182 Sec 202....       960
       treatment.
      Beneficiary country designation
        Definitions....................  PL 102-182 Sec 203(a).       960
        Eligibility for................  PL 102-182 Sec 203(b).       960
        Factors affecting..............  PL 102-182 Sec 203(d).       962
        Limitations on.................  PL 102-182 Sec 203(c).       961
        Reporting requirements.........  PL 102-182 Sec 203(f).       964
        Withdrawal or suspension of....  PL 102-182 Sec 203(e).       963
      Eligible articles
        Apparel and textile............  PL 102-182 Sec 204(b).       967
        Articles that are not import-    PL 102-182 Sec 204(b).       966
         sensitive.
        Bilateral emergency actions....  PL 102-182 Sec 204(b).       972
        Certificate of Origin..........  PL 102-182 Sec 204(b).       974
        Circumvention cooperation,       PL 102-182 Sec 204(b).       974
         report.
        Customs procedures.............  PL 102-182 Sec 204(b).       973
        Definitions....................  PL 102-182 Sec 204(b).       974
        Emergency relief with respect    PL 102-182 Sec 204(d).       977
         to perishable products.
        Exceptions.....................  PL 102-182 Sec 204(b).       966
        Handloomed, handmade, and        PL 102-182 Sec 204(b).       971
         folklore.
        Penalties for transshipment....  PL 102-182 Sec 204....       965
                                         PL 102-182 Sec 204(b).       971
        Section 22 fees................  PL 102-182 Sec 204(e).       978
        Special rules..................  PL 102-182 Sec 204(b).       970
        Suspension of duty-free          PL 102-182 Sec 204(c).       976
         treatment.
        Tariff-rate quotas.............  PL 102-182 Sec 204(f).       978
        Tuna...........................  PL 102-182 Sec 204(b).       972
      Harmonized Tariff Schedule
        Products of countries            Gen. note 11..........       889
         designated beneficiary
         developing countries.
        Rates of duty..................  Gen. note 3...........       879
      International Trade Commission     PL 102-182 Sec 206....       978
       reports on impact of.
      Preferential treatment             PL 102-182 Sec 208....       979
       termination.
      Secretary of Labor impact study..  PL 102-182 Sec 207....       979
    Andean Trade Promotion and Drug      PL 107-210............       941
     Eradication Act.
      Findings.........................  PL 107-210 Sec 3102...       941
      Petitions for review.............  PL 107-210 Sec 3103(d)       942
      Termination......................  PL 107-210 Sec 3104...       942
    Angola
      Export-Import Bank of the United   PL 79-173 Sec 2(b)....      1238
       States, prohibition relating to.
      U.S. business transactions in,     PL 99-472.............      1636
       policy toward.
    Anguilla. See Caribbean Basin
     Economic Recovery Act
    Animal welfare
      Dog and cat fur products,          PL 71-361 Sec 308.....       419
       importation prohibition.
    Antidumping duties
      Administrative review of
       determinations
        Changed circumstances, reviews   PL 71-361 Sec 751(b)..       529
         based on.
        Correction of ministerial        PL 71-361 Sec 751(h)..       535
         errors.
        Determination that basis for     PL 71-361 Sec 751(f)..       534
         suspension no longer exists.
        Five-year review...............  PL 71-361 Sec 751(c)..       530
        Hearings.......................  PL 71-361 Sec 751(e)..       534
        Implementing results of          PL 71-361 Sec 751(g)..       534
         subsidies enforcement
         proceeding.
        Periodic review of amount of     PL 71-361 Sec 751(a)..       527
         duty.
        Revocation of order or finding.  PL 71-361 Sec 751(d)..       533
        Termination of suspended         PL 71-361 Sec 751(d)..       533
         investigation.
      Assessment of
        Imposition of..................  PL 71-361 Sec 736(b)..       519
        Publication of order...........  PL 71-361 Sec 736(a)..       519
        Security in lieu of estimated    PL 71-361 Sec 736(c)..       520
         duty pending early
         determination.
        Special rule for regional        PL 71-361 Sec 736(d)..       522
         industries.
      Circumvention of orders,           PL 71-361 Sec 781.....       602
       prevention of.
      Conditional payment..............  PL 71-361 Sec 738.....       523
      Conduct of investigations and      PL 71-361 Sec 782.....       606
       administrative reviews.
      Continued dumping and subsidy
       offset
        Definitions....................  PL 71-361 Sec 752(b)..       543
        Distribution of duties.........  PL 71-361 Sec 754(a)..       543
        Distribution procedures........  PL 71-361 Sec 754(c)..       544
        Parties eligible for             PL 71-361 Sec 754(d)..       544
         distribution of duties.
        Special accounts...............  PL 71-361 Sec 754(e)..       545
      Difference between deposit of      PL 71-361 Sec 737.....       522
       estimated duty and final
       assessment.
      Final determinations
        Administering authority........  PL 71-361 Sec 735(a)..       514
        Affirmative determination        PL 71-361 Sec 735(c)..       516
         effect.
                                         PL 71-361 Sec 735(c)..       518
        Commission.....................  PL 71-361 Sec 735(b)..       515
        Correction of ministerial        PL 71-361 Sec 735(e)..       519
         errors.
        Determining estimated all-       PL 71-361 Sec 735(c)..       518
         others rate.
        Effect of......................  PL 71-361 Sec 735(c)..       516
        Issuance of order..............  PL 71-361 Sec 735(c)..       517
        Negative determination effect..  PL 71-361 Sec 735(c)..       517
        Publication of notice of         PL 71-361 Sec 735(d)..       518
         determinations.
      Imposition of....................  PL 71-361 Sec 731.....       497
      Investigations...................  PL 96-39 Sec 102......       824
        Administering authority........  PL 71-361 Sec 732(a)..       497
        Information regarding critical   PL 71-361 Sec 732(e)..       501
         circumstances.
        Notification to Commission of    PL 71-361 Sec 732(d)..       501
         determination.
        Petition determination.........  PL 71-361 Sec 732(c)..       499
        Petition for...................  PL 71-361 Sec 732(b)..       498
    Antidumping duties--Continued
      Investigation, termination or
       suspension of
        Cease export of merchandise      PL 71-361 Sec 734(b)..       508
         agreements.
        Determination not to take        PL 71-361 Sec 734(j)..       513
         agreement into account.
        Effects of.....................  PL 71-361 Sec 734(f)..       510
        Eliminating injurious efforts    PL 71-361 Sec 734(c)..       508
         agreements.
        Eliminating sales at less than   PL 71-361 Sec 734(b)..       508
         fair value agreements.
        Investigation to be continued    PL 71-361 Sec 734(g)..       511
         upon request.
        Review of suspension...........  PL 71-361 Sec 734(h)..       511
        Rules and conditions...........  PL 71-361 Sec 734(d)..       509
        Special rule for nonmarket       PL 71-361 Sec 734(l)..       513
         economy countries.
        Special rule for regional        PL 71-361 Sec 734(m)..       513
         industry investigations.
        Suspension of investigation....  PL 71-361 Sec 734(e)..       509
        Termination initiated by         PL 71-361 Sec 734(k)..       513
         administering authority.
        Violation of agreement.........  PL 71-361 Sec 734(i)..       512
        Withdrawal of petition.........  PL 71-361 Sec 734(a)..       507
      Law enforcement..................  PL 100-418 Sec 1311...       723
      Petitions by third countries.....  PL 71-361 Sec 783.....       609
      Preliminary determinations
        Administering authority........  PL 71-361 Sec 733(b)..       502
                                         PL 71-361 Sec 733(d)..       505
        Commission of reasonable         PL 71-361 Sec 733(a)..       502
         indication of injury.
        Critical circumstances.........  PL 71-361 Sec 733(e)..       506
        Extension of period in           PL 71-361 Sec 733(c)..       504
         extraordinarily complicated
         cases.
        Notice of......................  PL 71-361 Sec 733(f)..       507
      Proceedings
        Definitions....................  PL 71-361 Sec 516A(f).       459
        Determinations involving free    PL 71-361 Sec 516A(g).       460
         trade area country
         merchandise, binational panel
         review.
        Liquidation in accordance with   PL 71-361 Sec 516A(e).       459
         final decision.
        Liquidation of entries.........  PL 71-361 Sec 516A(c).       458
        Review of determination........  PL 71-361 Sec 516A(a).       454
        Standards of review............  PL 71-361 Sec 516A(b).       457
        Standing.......................  PL 71-361 Sec 516A(d).       459
      Product categories for short life  PL 71-361 Sec 739.....       523
       cycle merchandise.
      Repeal of old law................  PL 96-39 Sec 106......       828
      Requests for review of Canadian    PL 100-449 Sec 408....      1017
       determinations.
      Special rules for reviews
        Determination of likelihood of   PL 71-361 Sec 752(c)..       538
         continuation or recurrence of
         dumping.
        Determination of likelihood of   PL 71-361 Sec 752(a)..       535
         continuation or recurrence of
         material injury.
      Third-country dumping............  PL 100-418 Sec 1317...       723
    Antigua and Barbuda. See Caribbean
     Basin Economic Recovery Act
    Armenia
      Normal trade relations
        Termination of application of    PL 108-429 Sec 2001...      1170
         Title IV of the Trade Act of
         1974.
      Trade Act of 1974 waiver.........  EO 12798..............      1205
    Arms embargo
      Rwanda...........................  EO 12918 Sec 1........      1664
    Aruba. See Caribbean Basin Economic
     Recovery Act
    Asian Development Bank. See also
     Foreign Operations Appropriations
     Instructions, FY 2006; Funding for
     mines; International debt
     forgiveness and international
     financial institutions reform;
     International Financial
     Institutions Act
      Increased U.S. participation, use
       of renewable resources for
       energy production
        Findings.......................  PL 96-259 Sec 601.....       148
        U.S. policies..................  PL 96-259 Sec 602.....       149
      Value of holdings maintained in    PL 92-268 Sec 3.......       242
       terms of gold.
    Asian Development Bank Act.........  PL 89-369.............        83
      Actions not to be taken without    PL 89-369 Sec 5.......        84
       authorization.
      Asian Development Fund, U.S.       PL 89-369 Sec 23......        89
       contribution.
                                         PL 89-369 Sec 24......        89
                                         PL 89-369 Sec 26......        90
                                         PL 89-369 Sec 28......        91
                                         PL 89-369 Sec 29......        92
      Capital stock increase...........  PL 89-369 Sec 30......        92
      Capital stock subscription.......  PL 89-369 Sec 20......        88
                                         PL 89-369 Sec 22......        89
                                         PL 89-369 Sec 27......        91
      Depositories.....................  PL 89-369 Sec 6.......        84
      Eighth replenishment of            PL 89-369 Sec 32......        93
       resources, U.S. contribution.
      Gonzalez amendment...............  PL 89-369 Sec 18......        87
      Governor, alternate Governor, and  PL 89-369 Sec 3.......        83
       Director.
      Illegal drug activity, and.......  PL 89-369 Sec 19......        88
      Increased U.S. participation.....  PL 96-259.............       148
      Jurisdiction and venue of actions  PL 89-369 Sec 8.......        85
      Membership acceptance............  PL 89-369 Sec 2.......        83
      Nullifying contracts or seizing    PL 89-369 Sec 18......        87
       property of U.S. citizens, and.
      Policies and operations of         PL 89-369 Sec 4.......        84
       representatives of the United
       States, coordination of.
      Securities issued as exempt,       PL 89-369 Sec 11......        86
       filing with Securities and
       Exchange Commission.
      Securities issued as investment    PL 89-369 Sec 10......        85
       securities for national banks.
      Special funds, U.S. contribution.  PL 89-369 Sec 21......        89
                                         PL 89-369 Sec 31......        93
      Status, immunities and privileges  PL 89-369 Sec 9.......        85
      Subscription payment.............  PL 89-369 Sec 7.......        84
      Taiwan, membership retention,      PL 89-369 Sec 25......        90
       sense of Congress.
      United States Special Resources
        Appropriations authorization...  PL 89-369 Sec 17......        87
        Letters of credit..............  PL 89-369 Sec 14......        87
                                         PL 89-369 Sec 15......        87
        Right to withdraw resources....  PL 89-369 Sec 16......        87
        U.S. contribution..............  PL 89-369 Sec 12......        86
        Uses for.......................  PL 89-369 Sec 13......        86
    ATPA. See Andean Trade Preference
     Act
    ATPDEA. See Andean Trade Promotion
     and Drug Eradication Act
    Australia Free Trade Agreement
     Implementation Act. See United
     States-Australia Free Trade
     Agreement Implementation Act
    Automobiles
      Trade barriers established by      PL 100-418 Sec 1936...       743
       auto producing countries and
       impact on U.S. market.
    Automotive parts
      Fair Trade in Auto Parts Act of    PL 100-418............      1282
       1988.
        Definition.....................  PL 100-418 Sec 2122...      1282
        Expiration.....................  PL 100-418 Sec 2125...      1284
        Japan..........................  PL 100-418 Sec 2123...      1282
                                         PL 100-418 Sec 2124...      1283
      Fair Trade in Automotive Parts     PL 105-261............      1271
       Act of 1998.
        Definitions....................  PL 105-261 Sec 3802...      1271
        Sales to Japan, re-              PL 105-261 Sec 3803...      1271
         establishment of initiative.
        Special Advisory Committee on    PL 105-261 Sec 3804...      1272
         sales in Japanese and other
         Asian markets.
      United States-Canada Free-Trade    PL 100-449 Sec 304(c).      1007
       Agreement Implementation Act
       negotiating objectives.
    Azerbaijan
      Trade Act of 1974 waiver.........  EO 12809..............      1203

                                        B

    Bahamas. See Caribbean Basin
     Economic Recovery Act
    Bahrain Free Trade Agreement
     Implementation Act. See United
     States-Bahrain Free Trade
     Agreement Implementation Act.
    Balance of payments improvement
      Appropriations authorization.....  PL 90-390 Sec 3.......      1333
      Defense articles exception.......  PL 90-390 Sec 5.......      1333
      Limitation of powers.............  PL 90-390 Sec 4.......      1333
      Losses...........................  PL 90-390 Sec 2.......      1332
      Policy...........................  PL 90-390 Sec 1.......      1332
    Balkans. See Western Balkans
    Baltic States
      Export-Import Bank trade finance,  PL 102-429 Sec 120....      1277
       report.
    Bank Export Services Act
      Guarantees for export accounts     PL 97-290 Sec 206.....       812
       receivable and inventory.
      Investments in export trading      PL 97-290 Sec 205.....       812
       companies, report.
      Purpose of.......................  PL 97-290 Sec 202.....       811
    Bank for Economic Cooperation and    PL 104-208............       124
     Development in the Middle East and
     North Africa Act.
      Middle East Development Bank
        Bretton Woods Agreements Act     PL 104-208 Sec 704....       124
         applicability.
        Effectiveness of agreement.....  PL 104-208 Sec 708....       125
        Federal Reserve banks as         PL 104-208 Sec 705....       124
         depositories.
        Governor and alternate Governor  PL 104-208 Sec 703....       124
        Jurisdiction and venue of        PL 104-208 Sec 707....       125
         actions.
        Membership acceptance..........  PL 104-208 Sec 702....       124
        Securities issued as exempt....  PL 104-208 Sec 709....       126
    Bank for Economic Cooperation and
     Development in the Middle East and
     North Africa Act--Continued
      Middle East Development Bank--
       Continued
        Stock subscription.............  PL 104-208 Sec 706....       125
        Technical amendments...........  PL 104-208 Sec 710....       126
    Barbados. See Caribbean Basin
     Economic Recovery Act
    Beef products
      Duty-free treatment under          PL 98-67 Sec 213(c)...      1044
       Caribbean Basin Economic
       Recovery Act.
    Belarus
      Trade Act of 1974 waiver.........  EO 13220..............      1201
    Belize. See Caribbean Basin
     Economic Recovery Act
    Beneficiary developing countries
      Agricultural exports of..........  PL 93-618 Sec 506.....       403
      Congressional notification.......  PL 93-618 Sec 502(f)..       396
      Countries ineligible for           PL 93-618 Sec 502(b)..       393
       designation.
      Definitions......................  PL 93-618 Sec 507.....       404
      Designation authority............  PL 93-618 Sec 502(a)..       393
      Designation of sub-Saharan         PL 93-618 Sec 506A....       403
       African countries for certain
       benefits.
      Eligible articles designation....  PL 93-618 Sec 503.....       397
      Factors affecting country          PL 93-618 Sec 502(c)..       395
       designation.
      Mandatory graduation of..........  PL 93-618 Sec 502(e)..       396
      Products of
        African Growth and Opportunity   Gen. note 16..........       889
         Act.
        Andean Trade Preference Act....  Gen. note 11..........       889
        Caribbean Basin Economic         Gen. note 7...........       888
         Recovery Act.
        Generalized System of            Gen. note 4...........       884
         Preferences.
        United States-Caribbean Basin    Gen. note 17..........       890
         Trade Partnership Act of 2000.
      Report...........................  PL 93-618 Sec 504.....       402
      Review...........................  PL 93-618 Sec 504.....       402
      Termination of benefits for sub-   PL 93-618 Sec 506B....       404
       Saharan African countries.
      Withdrawal, suspension, or         PL 93-618 Sec 502(d)..       396
       limitation of country
       designation.
    Bicycle industry
      Foreign trade zone status........  PL 98-573 Sec 231.....       786
    Biological weapons. See also
     Chemical and biological weapons
      Export controls..................  PL 96-72 Sec 6(m).....      1372
    Bipartisan Trade Promotion           PL 107-210............       617
     Authority Act of 2002.
      Committee staff..................  PL 107-210 Sec 2109...       645
      Congressional Oversight Group
        Guidelines.....................  PL 107-210 Sec 2107(b)       644
        Members and functions..........  PL 107-210 Sec 2107(a)       643
        Request for meeting............  PL 107-210 Sec 2107(c)       644
      Consultations and assessment
        Advisory committee reports.....  PL 107-210 Sec 2104(e)       638
        Agriculture negotiations.......  PL 107-210 Sec 2104(b)       634
        Consultation with Congress       PL 107-210 Sec 2104(d)       636
         before agreements entered into.
        Fishing industry negotiations..  PL 107-210 Sec 2104(b)       636
        International Trade Commission   PL 107-210 Sec 2104(f)       638
         assessment.
        Notice and consultation before   PL 107-210 Sec 2104(a)       634
         negotiation.
        Special consultations on import  PL 107-210 Sec 2104(b)       635
         sensitive products.
        Textiles negotiations..........  PL 107-210 Sec 2104(c)       636
      Definitions......................  PL 107-210 Sec 2113...       646
    Bipartisan Trade Promotion
     Authority Act of 2002--Continued
      Findings.........................  PL 107-210 Sec 2101...       617
      Impact of trade promotion          PL 107-210 Sec 2111...       646
       authority, report.
      Implementation and enforcement     PL 107-210 Sec 2108...       645
       requirements.
      Implementation of trade
       agreements
        Disclosure of commitments......  PL 107-210 Sec 2105(a)       640
        Limitations on trade             PL 107-210 Sec 2105(b)       640
         authorities procedures.
        Notification and submission....  PL 107-210 Sec 2105(a)       639
        Procedures for considering       PL 107-210 Sec 2105(b)       641
         resolutions.
        Reciprocal benefits............  PL 107-210 Sec 2105(a)       640
        Rules of House of                PL 107-210 Sec 2105(c)       642
         Representatives and Senate.
        Supporting information.........  PL 107-210 Sec 2105(a)       639
      Small business interest..........  PL 107-210 Sec 2112...       646
      Trade agreements authority
        Aggregate reduction............  PL 107-210 Sec 2103(a)       630
        Agreements regarding tariff and  PL 107-210 Sec 2103(a)       629
         nontariff barriers.
                                         PL 107-210 Sec 2103(b)       631
        Authority under Uruguay Round    PL 107-210 Sec 2103(a)       631
         Agreements Act not affected.
        Bills qualifying for trade       PL 107-210 Sec 2103(b)       631
         authorities procedures.
        Commencement of negotiations...  PL 107-210 Sec 2103(d)       633
        Exemption from staging.........  PL 107-210 Sec 2103(a)       630
        Extension disapproval process    PL 107-210 Sec 2103(c)       632
         for Congressional trade
         authorities procedures.
        Extension disapproval            PL 107-210 Sec 2103(c)       633
         resolutions.
        Limitations....................  PL 107-210 Sec 2103(a)       630
        Reports........................  PL 107-210 Sec 2103(c)       632
        Rounding.......................  PL 107-210 Sec 2103(a)       630
      Trade negotiating objectives
        Adherence to obligations under   PL 107-210 Sec 2102(e)       629
         Uruguay Round Agreements.
        Anti-corruption................  PL 107-210 Sec 2102(b)       621
        Border taxes...................  PL 107-210 Sec 2102(b)       627
        Child labor....................  PL 107-210 Sec 2102(b)       627
        Consultations..................  PL 107-210 Sec 2102(d)       628
        Dispute settlement and           PL 107-210 Sec 2102(b)       625
         enforcement.
        Electronic commerce............  PL 107-210 Sec 2102(b)       622
        Improvement of World Trade       PL 107-210 Sec 2102(b)       622
         Organization and multilateral
         trade agreements.
        Intellectual property..........  PL 107-210 Sec 2102(b)       620
        Labor and the environment......  PL 107-210 Sec 2102(b)       625
        Objectives.....................  PL 107-210 Sec 2102(a)       618
                                         PL 107-210 Sec 2102(b)       619
        Promotion of certain priorities  PL 107-210 Sec 2102(c)       627
        Reciprocal trade in agriculture  PL 107-210 Sec 2102(b)       623
        Regulatory practices...........  PL 107-210 Sec 2102(b)       622
        Textile negotiations...........  PL 107-210 Sec 2102(b)       627
        Trade remedy laws..............  PL 107-210 Sec 2102(b)       626
        Transparency...................  PL 107-210 Sec 2102(b)       621
        WTO extended negotiations......  PL 107-210 Sec 2102(b)       626
      Treatment of trade agreements for  PL 107-210 Sec 2106...       642
       which negotiations have begun.
    Bolivia. See Andean Trade
     Preference Act
    Border Environment Cooperation       EO 12916..............      1065
     Commission and the North American
     Development Bank Agreement.
      Cooperation promotion............  EO 12916 Sec 2(c).....      1065
      Finance Committee................  EO 12916 Sec 6........      1066
    Border Environment Cooperation
     Commission and the North American
     Development Bank Agreement--
     Continued
      Finance Committee--Continued
                                         EO 12916 Sec 7........      1066
                                         EO 12916 Sec 8........      1067
                                         EO 12916 Sec 9........      1067
      Good Neighbor Environmental Board  EO 12916 Sec 10.......      1067
      Intention of order...............  EO 12916 Sec 11.......      1067
      Interagency coordination.........  EO 12916 Sec 2(b).....      1065
      Project loans, guarantees or       EO 12916 Sec 3(b).....      1066
       grants.
                                         EO 12916 Sec 3(c).....      1066
                                         EO 12916 Sec 3(d).....      1066
      Secretary of Treasury functions..  EO 12916 Sec 4........      1066
                                         EO 12916 Sec 5........      1066
      U.S. representation..............  EO 12916 Sec 2(a).....      1065
                                         EO 12916 Sec 3(a).....      1065
    Border Environmental Cooperation
     Commission
      Agreement on.....................  PL 103-182 Sec 533....       958
    Bretton Woods Agreements Act.......  PL 79-171.............         3
      Actions not to be taken without    PL 79-171 Sec 5.......         7
       authorization.
      Adverse social and environmental   PL 79-171 Sec 55......        30
       impacts, alleviating potential
       for.
      African Development Bank           PL 97-35 Sec 1335.....        97
       applicability.
      African Development Fund Act       PL 94-302 Sec 204.....       102
       applicability.
      Agricultural export subsidies,     PL 79-171 Sec 44......        24
       elimination of.
      Amendment acceptance.............  PL 79-171 Sec 24......        15
                                         PL 79-171 Sec 57......        31
      Capital stock increase...........  PL 79-171 Sec 16(b)...        12
                                         PL 79-171 Sec 19......        14
                                         PL 79-171 Sec 23......        14
                                         PL 79-171 Sec 27......        15
                                         PL 79-171 Sec 39......        20
                                         PL 79-171 Sec 51......        28
                                         PL 79-171 Sec 52......        28
                                         PL 79-171 Sec 53......        29
      Communist dictatorships,           PL 79-171 Sec 43......        23
       instructions to United States
       Executive Director involving
       credit to.
      Debt reductions for the poorest    PL 79-171 Sec 62......        34
       countries, approval of
       contributions for.
      Depositories.....................  PL 79-171 Sec 6.......         8
      Economic adjustment programs.....  PL 79-171 Sec 45......        24
      European Bank for Reconstruction   PL 101-513 Sec 562....       108
       and Development applicability.
      Exchange rate stability,           PL 79-171 Sec 40......        21
       promoting conditions for.
      Foreign governments in default,    PL 79-171 Sec 9.......        10
       financial transactions with.
      Fund bailouts of banks, opposing.  PL 79-171 Sec 46......        26
      Fund policy changes..............  PL 79-171 Sec 59......        31
      Governors, Executive Directors,    PL 79-171 Sec 3.......         4
       and alternates, appointment of.
      IMF interest rates...............  PL 79-171 Sec 48......        27
      IMF lending, principles for......  PL 79-171 Sec 63......        35
      Increasing productive              PL 79-171 Sec 59......        32
       participation of the poor.
      Information, obtaining and         PL 79-171 Sec 8.......         9
       furnishing.
      Information on monetary and        PL 79-171 Sec 42......        22
       financial problems, sense of
       Congress.
      Inter-American Investment          PL 98-473 Sec 204.....        79
       Corporation applicability.
    Bretton Woods Agreements Act--
     Continued
      Interest Subsidy Account of the    PL 79-171 Sec 54......        29
       Enhanced Structural Adjustment
       Facility of the International
       Monetary Fund, contribution to.
      International cooperation........  PL 79-171 Sec 47......        26
      International economic relations,
       promotion of
        Debt rescheduling,               PL 79-171 Sec 29......        16
         comparability of treatment
         policy.
        Dollar-Special Drawing Rights    PL 79-171 Sec 35......        19
         substitution account, sense of
         Congress.
        Economic adjustment programs...  PL 79-171 Sec 33......        17
        El Salvador and Nicaragua,       PL 79-171 Sec 38......        20
         assistance to, sense of
         Congress.
        Exempted securities............  PL 79-171 Sec 15......        12
        Palestine Liberation             PL 79-171 Sec 37......        19
         Organization, denial of
         membership in the Fund.
        Purchases of currencies or gold  PL 79-171 Sec 18......        14
         by the United States from the
         International Monetary Fund,
         use of.
        Reports........................  PL 79-171 Sec 34......        19
        Special Drawing Rights.........  PL 79-171 Sec 17......        13
        Stabilization programs           PL 79-171 Sec 30......        16
         consultation.
        Supplementary Financing          PL 79-171 Sec 28......        15
         Facility participation.
        Taiwan, membership in the Fund,  PL 79-171 Sec 36......        19
         sense of Congress.
      International Finance              PL 79-171 Sec 21......        14
       Corporation, loans to.
      Jurisdiction and venue of actions  PL 79-171 Sec 10......        10
      Medium-term financing,             PL 79-171 Sec 63......        35
       limitations on.
      Membership acceptance............  PL 79-171 Sec 2.......         4
      Middle East Development Bank       PL 104-208 Sec 704....       124
       applicability.
      Military spending by developing    PL 79-171 Sec 60......        33
       nations, reduction of.
      Misreporting of information......  PL 79-171 Sec 63......        35
      Multilateral Investment Guarantee  PL 100-202 Sec 408....        58
       Agency applicability.
      National Advisory Council on       PL 79-171 Sec 4.......         5
       International Monetary and
       Financial Problems,
       establishment of.
      North American Development Bank    PL 103-182 Sec 541(d).       114
       applicability.
      Policy audits....................  PL 79-171 Sec 59......        32
      Premium pricing..................  PL 79-171 Sec 63......        35
      Public access to information.....  PL 79-171 Sec 59......        32
      Quota increase...................  PL 79-171 Sec 16(a)...        12
                                         PL 79-171 Sec 20......        14
                                         PL 79-171 Sec 22......        14
                                         PL 79-171 Sec 25......        15
                                         PL 79-171 Sec 32......        17
                                         PL 79-171 Sec 41......        22
                                         PL 79-171 Sec 56......        30
                                         PL 79-171 Sec 61......        34
      Reserve Account of the Enhanced    PL 79-171 Sec 58......        31
       Structural Adjustment Facility
       Trust, pledge to sell gold to
       provide resources for.
      Short-term balance of payments     PL 79-171 Sec 63......        35
       financing.
      Stabilization loans by the Bank..  PL 79-171 Sec 12......        11
      Stabilization operations by the    PL 79-171 Sec 13......        11
       Fund.
      Status, immunities and privileges  PL 79-171 Sec 11......        10
      Subscriptions payment............  PL 79-171 Sec 7.......         8
      Trade provisions.................  PL 79-171 Sec 49......        27
    Bretton Woods Agreements Act--
     Continued
      U.S. policy......................  PL 79-171 Sec 14......        11
      Vote against establishment of a    PL 79-171 Sec 26......        15
       Council.
    Bretton Woods Agreements Act         PL 95-435.............        39
     Amendments, 1978.
      Congressional reaffirmation of     PL 95-435 Sec 7.......        40
       budget outlays.
      Genocide, U.S. disassociation      PL 95-435 Sec 5.......        39
       from foreign governments
       engaging in, sense of Congress.
      Terrorists, opposition to          PL 95-435 Sec 6.......        39
       financial or technical
       assistance to any country
       permitting entry or failing to
       prevent acts.
    Bretton Woods Agreements Act         PL 96-389.............        37
     Amendments, 1980.
      Fund salaries, level of..........  PL 96-389 Sec 9.......        37
      Gold, role in international        PL 96-389 Sec 10......        38
       monetary systems.
      Recycling balance-of-payments      PL 96-389 Sec 4.......        37
       surpluses, sense of Congress.
      Travel costs, minimizing.........  PL 96-389 Sec 9.......        37
    Broadcasting, international
      Cuba, television broadcasting to.  PL 104-114 Sec 107....      1526
      International Anti-Bribery and
       Fair Competition Act of 1998
        Organizations providing          PL 105-366 Sec 5......      1754
         commercial communications
         services, treatment of.
      United States-China Relations Act
       of 2000
        Capital improvements and         PL 106-286 Sec 701....      1158
         operations, appropriations
         authorizations.
    Brothers to the Rescue
      Condemnation of Cuban attack       PL 104-114 Sec 116....      1532
       against aircraft.
    Bulgaria
      Most-favored-nation treatment
        Findings and supplemental        PL 104-162 Sec 1......      1187
         action.
        Termination of application of    PL 104-162 Sec 2......      1188
         Title IV of the Trade Act of
         1974.
      Trade Act of 1974 waiver.........  EO 12745..............      1208
    Burma
      Economic sanctions against.......  EO 13310..............      1652
                                         PL 101-382 Sec 138....      1650
                                         PL 104-208 Sec 570....      1647
    Burmese Freedom and Democracy Act    PL 108-61.............      1640
     of 2003.
      Ban against trade supporting       PL 108-61 Sec 3.......      1641
       military regime.
      Condemnation of regime...........  PL 108-61 Sec 7.......      1644
      Democracy activists, support for.  PL 108-61 Sec 8.......      1644
      Dissemination of information.....  PL 108-61 Sec 7.......      1644
      Findings.........................  PL 108-61 Sec 2.......      1640
      Freezing assets of regime in       PL 108-61 Sec 4.......      1643
       United States.
      International financial            PL 108-61 Sec 5.......      1643
       institutions loans.
      Sanctions, duration of...........  PL 108-61 Sec 9.......      1645
      Visa ban, expansion of...........  PL 108-61 Sec 6.......      1643
    Business capital assistance
      Benefit information for            PL 101-510 Sec 4304...      1314
       businesses.
      Export financing for goods and
       services produced by former
       defense production firms
        Coordination with other          PL 101-510 Sec 4303(c)      1312
         agencies.
        Export-Import Bank.............  PL 101-510 Sec 4303(a)      1312
        Report.........................  PL 101-510 Sec 4303(d)      1314
    Business capital assistance--
     Continued
      Export financing for goods and
       services produced by former
       defense production firms--
       Continued
        Small Business Act use of        PL 101-510 Sec 4303(a)      1312
         authority.
    Byelarus
      Trade Act of 1974 waiver.........  EO 12802..............      1204

                                        C

    CAFTA. See Dominican Republic-
     Central America-United States Free
     Trade Agreement Implementation Act
    California
      North American Development Bank    PL 108-215 Sec 4......       122
       projects financing water
       conservation in the southern
       California area, sense of
       Congress.
    Cambodia
      Most-favored-nation treatment
        Findings.......................  PL 104-203 Sec 1......      1183
        Nondiscriminatory treatment,     PL 104-203 Sec 2......      1183
         extension of.
        Report.........................  PL 104-203 Sec 3......      1184
    Canada
      Binational panel review of         PL 71-361 Sec 516A(g).       460
       countervailing and antidumping
       duty proceedings.
      Canadian Customs and Revenue
       Agency
        Integrated Border Inspection     PL 108-429 Sec 1560(b)       611
         Areas creation.
      Hogs and pork products imported    PL 98-573 Sec 250.....       789
       from.
      Trade relations with, sense of     PL 93-618 Sec 612.....       410
       Congress.
    Canada Free-Trade Agreement. See
     United States-Canada Free-Trade
     Agreement
    Canada Free Trade Agreement
     Implementation Act of 1988. See
     United States-Canada Free Trade
     Agreement Implementation Act of
     1988
    Canadian Customs and Revenue Agency
      Integrated Border Inspection       PL 108-429 Sec 1560(b)       611
       Areas creation.
    Caribbean Basin Economic Recovery    PL 98-67..............      1023
     Act.
      Duty-free treatment
        Apparel articles assembled from  PL 98-67 Sec 213(b)...      1036
         fabrics or yarn not available
         in commercial quantities.
        Apparel articles assembled in    PL 98-67 Sec 213(b)...      1038
         beneficiary countries from
         United States and beneficiary
         country components.
        Authority to grant.............  PL 98-67 Sec 211......      1024
        Beef products..................  PL 98-67 Sec 213(c)...      1044
        Beneficiary countries..........  PL 98-67 Sec 212......      1024
        Bilateral emergency actions....  PL 98-67 Sec 213(b)...      1039
        Caribbean Trade Institute,       PL 98-67 Sec 217......      1051
         feasibility study.
        Center for the Study of Western  PL 98-67 Sec 219......      1051
         Hemispheric Trade.
        Certificate of Origin..........  PL 98-67 Sec 213(b)...      1041
        Circumvention cooperation,       PL 98-67 Sec 213(b)...      1041
         report.
        Customs procedures.............  PL 98-67 Sec 213(b)...      1041
        De minimis rule................  PL 98-67 Sec 213(b)...      1037
        Definitions....................  PL 98-67 Sec 213(b)...      1042
        Development of procedure to      PL 98-67 Sec 213(b)...      1035
         ensure compliance.
    Caribbean Basin Economic Recovery
     Act--Continued
      Duty-free treatment--Continued
        Eligible articles..............  PL 98-67 Sec 213......      1029
        Fees...........................  PL 98-67 Sec 213(g)...      1048
        Filing import injury petitions.  PL 98-67 Sec 213(f)...      1047
        Handloomed, handmade, and        PL 98-67 Sec 213(b)...      1036
         folklore articles.
                                         PL 98-67 Sec 213(b)...      1039
        Import-sensitive articles......  PL 98-67 Sec 213(b)...      1031
        International Trade Commission   PL 98-67 Sec 215......      1050
         reports.
        Limitation.....................  PL 98-67 Sec 213(b)...      1035
        Penalties for transshipments...  PL 98-67 Sec 213(b)...      1039
        Preferential treatment.........  PL 98-67 Sec 213(b)...      1039
        Puerto Rico and United States    PL 98-67 Sec 214......      1049
         insular possessions, measures
         for.
        Rate reductions................  PL 98-67 Sec 213(h)...      1048
        Secretary of Labor, impact       PL 98-67 Sec 216......      1051
         study.
        Special origin rule............  PL 98-67 Sec 213(b)...      1038
        Special rules..................  PL 98-67 Sec 213(b)...      1037
                                         PL 98-67 Sec 213(b)...      1042
        Sugar products.................  PL 98-67 Sec 213(c)...      1044
        Suspension of..................  PL 98-67 Sec 213(e)...      1046
        Tariff-rate quotas.............  PL 98-67 Sec 213(d)...      1046
        Textile luggage................  PL 98-67 Sec 213(b)...      1038
        Transition period treatment of   PL 98-67 Sec 213(b)...      1040
         articles originating in
         beneficiary countries.
        Transition period treatment of   PL 98-67 Sec 213(b)...      1032
         textile and apparel articles.
      Harmonized Tariff Schedule
        Products of countries            Gen. note 7...........       888
         designated beneficiary
         developing countries.
        Rates of duty..................  Gen. note 3...........       879
      Tax provisions
        Caribbean Basin tax havens,      PL 98-67 Sec 223......      1054
         report.
        Sugar imports, sense of          PL 98-67 Sec 231......      1054
         Congress.
    Caribbean Basin Economic Recovery    PL 101-382............       981
     Expansion Act of 1990.
      Agricultural infrastructure        PL 101-382 Sec 242....       985
       support.
      Andean region, extension of trade  PL 101-382 Sec 243....       986
       benefits to.
      Application in Eastern Caribbean   PL 101-382 Sec 216....       981
       area.
      Findings.........................  PL 101-382 Sec 202....       981
      Nicaragua, trade benefits for....  PL 101-382 Sec 241....       985
      Pilot preclearance program.......  PL 101-382 Sec 233....       984
      Scholarships to Caribbean and      PL 101-382 Sec 231....       982
       Central American students,
       cooperative public and private
       sector program.
      Tourism promotion................  PL 101-382 Sec 232....       983
    Caribbean Basin Initiative
      Findings and intent..............  PL 100-418 Sec 1909...       740
    Caribbean Basin Trade Partnership    PL 106-200............       944
     Act.
      Definitions......................  PL 106-200 Sec 203....       945
      Findings.........................  PL 106-200 Sec 201(a).       944
      Harmonized Tariff Schedule
        Products of countries            Gen. note 17..........       890
         designated beneficiary
         developing countries.
      Implementation...................  EO 13191..............      1072
      Meetings of trade ministers and    PL 106-200 Sec 213....       945
       the United States Trade
       Representative.
      Policy...........................  PL 106-200 Sec 201(b).       945
    Caribbean region
      Increase in Inter-American         PL 86-147 Sec 36......        77
       Development Bank lending.
      Multilateral Investment Fund       PL 86-147 Sec 38......        78
       focus on low-income areas of.
    Caribbean Trade Institute
      Feasibility study................  PL 98-67 Sec 217......      1051
    Cayman Islands. See Caribbean Basin
     Economic Recovery Act
    Center for the Study of Western
     Hemispheric Trade
      Appropriations authorization.....  PL 103-182 Sec 515....       956
      Consultation and selection         PL 98-67 Sec 219(c)...      1052
       criteria.
      Definitions......................  PL 98-67 Sec 219(e)...      1053
      Duration of grant................  PL 98-67 Sec 219(g)...      1053
      Establishment of.................  PL 98-67 Sec 219(a)...      1051
      Fees for seminars and              PL 98-67 Sec 219(f)...      1053
       publications.
      Programs and activities..........  PL 98-67 Sec 219(d)...      1052
      Report...........................  PL 98-67 Sec 219(h)...      1053
      Scope of.........................  PL 98-67 Sec 219(b)...      1052
    Central America
      Scholarships to students,          PL 101-382 Sec 231....       982
       cooperative public and private
       sector program.
    Central America-United States Free
     Trade Agreement Implementation
     Act. See Dominican Republic-
     Central America-United States Free
     Trade Agreement Implementation Act
    Central Bank of Iraq
      Protection of....................  EO 13364..............      1589
    Central Europe
      Export-Import Bank trade finance,  PL 102-429 Sec 120....      1277
       report.
    Chemical and biological weapons
      Export controls..................  PL 96-72 Sec 6(m).....      1372
      Proliferation sanctions
        Consultations with foreign       PL 96-72 Sec 11C(b)...      1409
         governments.
        Definition of foreign person...  PL 96-72 Sec 11C(f)...      1411
        Description of.................  PL 96-72 Sec 11C(c)...      1409
        Exceptions.....................  PL 96-72 Sec 11C(c)...      1410
        Imposition of..................  PL 96-72 Sec 11C(a)...      1408
        Termination of.................  PL 96-72 Sec 11C(d)...      1410
        Waiver.........................  PL 96-72 Sec 11C(e)...      1410
    Child labor
      Indentured child labor             EO 13126..............       920
       prohibition.
      Trade negotiating objectives.....  PL 107-210 Sec 2102(b)       627
    Chile Free Trade Agreement. See
     United States-Chile Free Trade
     Agreement
    Chile Free Trade Agreement
     Implementation Act. See United
     States-Chile Free Trade Agreement
     Implementation Act
    China
      Market orientation study.........  PL 100-418 Sec 1336(a)       724
    China, People's Republic of
      Action in response to trade        PL 93-618 Sec 422.....       389
       diversion.
      Congressional-Executive
       Commission on
        Appropriations authorization...  PL 106-286 Sec 307....      1150
        Appropriations expenditure.....  PL 106-286 Sec 305....      1150
        Establishment of...............  PL 106-286 Sec 301....      1146
        Functions......................  PL 106-286 Sec 302....      1146
        Membership.....................  PL 106-286 Sec 303....      1149
        Printing and binding costs.....  PL 106-286 Sec 309....      1151
        Staff..........................  PL 106-286 Sec 308....      1150
        Subpoenas issuance and           PL 106-286 Sec 306....      1150
         administration of oaths.
        Votes of.......................  PL 106-286 Sec 304....      1150
        Witness testimony and            PL 106-286 Sec 306....      1150
         production of evidence.
      Export-import program              PL 101-240 Sec 103....       128
       prohibitions.
      Most-favored-nation treatment
        Conditions for renewal.........  EO 12850..............      1189
    China, People's Republic of--
     Continued
      Normal trade relations
        Termination of application of    PL 106-286 Sec 101....      1176
         Chapter 1 of Title IV of the
         Trade Act of 1974.
      Opposition to loans or extension   PL 101-240 Sec 604....       136
       of financial and technical
       assistance, sense of Congress.
      Trade Act of 1974 waiver. See      EO 12167..............      1212
       also individual country.
      Trade agreements with............  PL 93-618 Sec 421(j)..       387
      United States-China Relations Act  PL 106-286............      1142
       of 2000.
        Administrative authorities.....  PL 106-286 Sec 512....      1157
        Appropriations authorization...  PL 106-286 Sec 514....      1157
        Broadcasting capital             PL 106-286 Sec 701(a).      1158
         improvements, appropriations
         authorizations.
        Commercial and labor rule of     PL 106-286 Sec 511....      1156
         law development assistance.
        Definitions....................  PL 106-286 Sec 204....      1145
        Findings.......................  PL 106-286 Sec 202....      1142
        Human rights abuses prohibition  PL 106-286 Sec 513....      1157
        International broadcasting       PL 106-286 Sec 701(b).      1158
         operations, appropriations
         authorizations.
        Policy.........................  PL 106-286 Sec 203....      1144
        Taiwan, accession to the World   PL 106-286 Sec 601....      1158
         Trade Organization.
        Task force on prohibition of     PL 106-286 Title V....      1154
         importation of products of
         forced or prison labor.
        WTO commitments................  PL 106-286 Title IV...      1152
    China, People's Republic of,
     Congressional-Executive Commission
     on
      Appropriations authorization.....  PL 106-286 Sec 307....      1150
      Establishment of.................  PL 106-286 Sec 301....      1146
      Expenditure of appropriations....  PL 106-286 Sec 305....      1150
      Functions of.....................  PL 106-286 Sec 302....      1146
      Membership of....................  PL 106-286 Sec 303....      1149
      Printing and binding costs.......  PL 106-286 Sec 309....      1151
      Staff............................  PL 106-286 Sec 308....      1150
      Subpoenas issuance and             PL 106-286 Sec 306....      1150
       administration of oaths.
      Votes of.........................  PL 106-286 Sec 304....      1150
      Witness testimony and production   PL 106-286 Sec 306....      1150
       of evidence.
    Civil aircraft
      Condemnation of Cuban attack.....  PL 104-114 Sec 116....      1532
      Effect of Export Administration    PL 96-72 Sec 17(c)....      1422
       Act of 1979.
      Waiver of discriminatory           PL 96-39 Sec 303......       834
       purchasing requirements.
    Clarification of Normal Trade        PL 105-206............       668
     Relations.
      Findings and policy..............  PL 105-206 Sec 5003(a)       668
      Savings provisions...............  PL 105-206 Sec 5003(c)       669
    Clean Diamond Trade Act............  PL 108-19.............      1674
      Definitions......................  PL 108-19 Sec 3.......      1675
      Enforcement......................  PL 108-19 Sec 8.......      1678
      Findings.........................  PL 108-19 Sec 2.......      1674
      GAO report.......................  PL 108-19 Sec 13......      1680
      Implementation of
        Assignment of functions........  EO 13312 Sec 2........      1682
        Definitions....................  EO 13312 Sec 4........      1682
        General provisions.............  EO 13312 Sec 5........      1682
        Prohibitions...................  EO 13312 Sec 1........      1681
      Importing and exporting            PL 108-19 Sec 6.......      1677
       authorities.
      Kimberley Process Implementation   PL 108-19 Sec 11......      1679
       Coordinating Committee.
    Clean Diamond Trade Act--Continued
      Regulatory authority.............  PL 108-19 Sec 5.......      1677
      Reports..........................  PL 108-19 Sec 12......      1679
      Rough diamonds, measures for       PL 108-19 Sec 4.......      1677
       importation and exportation of.
      Sense of Congress................  PL 108-19 Sec 10......      1678
      Statement of policy..............  PL 108-19 Sec 7.......      1678
      Technical assistance.............  PL 108-19 Sec 9.......      1678
    Coffee
      International Coffee Agreement     PL 96-599.............      1734
       Act of 1980.
        Definition.....................  PL 96-599 Sec 3.......      1735
        Extension of...................  PL 100-418 Sec 1123...       710
        Presidential powers and duties.  PL 96-599 Sec 2.......      1734
                                         PL 96-599 Sec 4.......      1735
        Protection of interests of U.S.  PL 96-599 Sec 4.......      1735
         consumers.
        Remedial action................  PL 96-599 Sec 4.......      1735
        Report.........................  PL 96-599 Sec 5.......      1735
    Colombia. See Andean Trade
     Preference Act
    Commerce, Department of
      Cuban Democracy Act                EO 12854 Sec 4........      1565
       implementation.
      Export Trade, Office of..........  PL 97-290 Sec 104.....       811
      International trade functions....  RP No. 3 of 1979 Sec 2       894
      United States Commercial Centers   PL 102-549 Sec 401(g).       681
       facilities relationship to
       operations in host countries.
    Commercial Centers. See United
     States Commercial Centers
    Commercial Service Officers
      Increases in certain countries...  PL 102-549 Sec 701....       683
    Committee on Foreign Investment in   EO 11858..............      1714
     the United States.
      Authorities......................  EO 11858 Sec 3........      1715
                                         EO 11858 Sec 8........      1716
      Confidentiality..................  EO 11858 Sec 5........      1716
      Effect of order..................  EO 11858 Sec 6........      1716
      Establishment of.................  EO 11858 Sec 1........      1714
      Investigations...................  EO 11858 Sec 7........      1716
      Report...........................  EO 11858 Sec 7........      1716
      Responsibilities.................  EO 11858 Sec 2........      1715
                                         EO 11858 Sec 4........      1716
    Commodities. See also Agricultural
     commodities; specific commodities
     by name
      Opposition of multilateral         PL 99-472 Sec 22......      1724
       assistance for foreign surplus.
    Community Adjustment and Investment  EO 12916..............      1066
     Program Finance Committee.
    Competitiveness Policy Council Act
      Annual report....................  PL 100-418 Sec 5208...       764
      Appropriations authorization.....  PL 100-418 Sec 5209...       765
      Definitions......................  PL 100-418 Sec 5210...       765
      Details..........................  PL 100-418 Sec 5206(d)       762
      Duties of........................  PL 100-418 Sec 5204...       758
      Establishment of.................  PL 100-418 Sec 5203...       758
      Executive director...............  PL 100-418 Sec 5206(a)       762
      Experts and consultants..........  PL 100-418 Sec 5206(b)       762
      Findings and purposes............  PL 100-418 Sec 5202...       757
      Membership.......................  PL 100-418 Sec 5205...       759
      Powers of........................  PL 100-418 Sec 5207...       762
      Staff............................  PL 100-418 Sec 5206(b)       762
    Computers, high performance
      Export controls..................  PL 105-85.............      1426
        Approvals......................  PL 105-85 Sec 1211....      1426
        Congressional committees.......  PL 105-85 Sec 1215....      1430
        End user information assistance  PL 105-85 Sec 1214....      1429
        GAO study......................  PL 105-85 Sec 1214....      1429
    Computers, high performance--
     Continued
      Export controls--Continued
        Post-shipment verification.....  PL 105-85 Sec 1213....      1429
        Report.........................  PL 105-85 Sec 1212....      1428
      Prohibition on supercomputer       PL 101-515 Sec 608....      1576
       licensing with end-user
       designated as Iraq.
      Software copyright protection....  PL 98-573 Sec 251.....       789
      Supercomputer trade dispute with   PL 100-418 Sec 1307...       722
       Japan.
    Congressional Oversight Group
      Guidelines.......................  PL 107-210 Sec 2107(b)       644
      Members and functions............  PL 107-210 Sec 2107(a)       643
      Request for meeting..............  PL 107-210 Sec 2107(c)       644
    Constructed export price
      Adjustments for..................  PL 71-361 Sec 772(c)..       574
                                         PL 71-361 Sec 772(d)..       574
      Defined..........................  PL 71-361 Sec 772(a)..       574
      Determining profit, special rule.  PL 71-361 Sec 772(f)..       575
      Merchandise with value added       PL 71-361 Sec 772(e)..       575
       after importation, special rule.
    Convention on the Settlement of
     Investment Disputes Act of 1966
      Appointment of representatives     PL 89-532 Sec 2.......       245
       and panel members.
      Arbitral tribunal award..........  PL 89-532 Sec 3.......       245
    Copper imports.....................  PL 98-573 Sec 247.....       788
    Copyright protection
      Computer software................  PL 98-573 Sec 251.....       789
    Corn gluten
      Possible European Community        PL 98-573 Sec 245.....       787
       tariff action, sense of Congress.
    Corruption
      Foreign Corrupt Practices Act
       Amendments of 1988
        International agreement........  PL 100-418 Sec 5003...      1752
      Foreign Corrupt Practices Act of   PL 95-213.............      1741
       1977.
        Prohibited foreign trade         PL 95-213 Sec 104.....      1741
         practices by domestic concerns.
        Prohibited foreign trade         PL 95-213 Sec 104A....      1748
         practices by persons other
         than issuers or domestic
         concerns.
      International Anti-Bribery and     PL 105-366............      1754
       Fair Competition Act of 1998.
        Enforcement and monitoring.....  PL 105-366 Sec 6......      1756
        International organizations      PL 105-366 Sec 5......      1754
         providing commercial
         communications services,
         treatment of.
    Costa Rica. See Caribbean Basin
     Economic Recovery Act
    Countervailable subsidies
      Agreements to eliminate or offset  PL 71-361 Sec 704(b)..       483
      Calculation on certain processed   PL 71-361 Sec 771B....       573
       agricultural products.
      Defined..........................  PL 71-361 Sec 771.....       550
      Determining likelihood of          PL 71-361 Sec 752(b)..       538
       continuation or recurrence of.
      Nature of, special rules.........  PL 71-361 Sec 771.....       559
      Practices discovered during a      PL 71-361 Sec 775.....       585
       proceeding.
      Rate determination...............  PL 71-361 Sec 777A(e).       598
      Upstream subsidies...............  PL 71-361 Sec 771A(c).       573
    Countervailing duties
      Administrative review of
       determinations
        Correction of ministerial        PL 71-361 Sec 751(h)..       535
         errors.
        Determination that basis for     PL 71-361 Sec 751(f)..       534
         suspension no longer exists.
        Five-year review...............  PL 71-361 Sec 751(c)..       530
        Hearings.......................  PL 71-361 Sec 751(e)..       534
    Countervailing duties--Continued
      Administrative review of
       determinations--Continued
        Implementing results of          PL 71-361 Sec 751(g)..       534
         subsidies enforcement
         proceeding.
        Periodic review of amount of     PL 71-361 Sec 751(a)..       527
         duty.
        Reviews based on changed         PL 71-361 Sec 751(b)..       529
         circumstances.
        Revocation of order or finding.  PL 71-361 Sec 751(d)..       533
        Termination of suspended         PL 71-361 Sec 751(d)..       533
         investigation.
      Assessment of duty
        Imposition of..................  PL 71-361 Sec 706(b)..       495
        Publication of countervailing    PL 71-361 Sec 706(a)..       494
         duty order.
        Special rule for regional        PL 71-361 Sec 706(c)..       495
         industries.
      Circumvention of orders,           PL 71-361 Sec 781.....       602
       prevention of.
      Conditional payment..............  PL 71-361 Sec 709.....       496
      Conduct of investigations and      PL 71-361 Sec 782.....       606
       administrative reviews.
      Continued dumping and subsidy
       offset
        Definitions....................  PL 71-361 Sec 754(b)..       543
        Distribution of duties.........  PL 71-361 Sec 754(a)..       543
                                         PL 71-361 Sec 754(c)..       544
        Parties eligible for             PL 71-361 Sec 754(d)..       544
         distributions.
        Special accounts...............  PL 71-361 Sec 754(e)..       545
      Difference between deposit of      PL 71-361 Sec 707.....       495
       estimated and final assessment.
      Effect of derogation of Export-    PL 71-361 Sec 708.....       496
       Import Bank financing.
      Final determinations
        Administering authority........  PL 71-361 Sec 705(a)..       489
        Affirmative determination        PL 71-361 Sec 705(c)..       491
         effect.
                                         PL 71-361 Sec 705(c)..       493
        Commission.....................  PL 71-361 Sec 705(b)..       490
        Correction of ministerial        PL 71-361 Sec 705(e)..       494
         errors.
        Determining the all-others rate  PL 71-361 Sec 705(c)..       493
         and country-wide subsidy rate.
        Effect of......................  PL 71-361 Sec 705(c)..       491
        Negative effect................  PL 71-361 Sec 705(c)..       492
        Publication of notice..........  PL 71-361 Sec 705(d)..       494
      Imposition of
        General rule...................  PL 71-361 Sec 701(a)..       470
        Investigations involving         PL 71-361 Sec 701(c)..       471
         imports not entitled to
         material injury determination.
        Subsidies Agreement country....  PL 71-361 Sec 701(b)..       470
        Treatment of international       PL 71-361 Sec 701(d)..       471
         consortia.
        Upstream subsidy...............  PL 71-361 Sec 701(e)..       471
      Improvement in enforcement of      PL 100-418 Sec 1311...       723
       laws.
      Pending investigations...........  PL 96-39 Sec 102......       824
      Preliminary determinations
        Administering authority........  PL 71-361 Sec 703(b)..       476
                                         PL 71-361 Sec 703(d)..       479
        Critical circumstances.........  PL 71-361 Sec 703(e)..       480
        De minimis countervailable       PL 71-361 Sec 703(b)..       477
         subsidy exception.
        Extension of period in           PL 71-361 Sec 703(c)..       478
         extraordinarily complicated
         cases.
        Notice of......................  PL 71-361 Sec 703(f)..       481
        Time period where upstream       PL 71-361 Sec 703(g)..       481
         subsidization involved.
        Under waiver of verification...  PL 71-361 Sec 703(b)..       477
      Procedures for initiating an
       investigation
        Administering authority          PL 71-361 Sec 702(a)..       472
         initiation.
        Information regarding critical   PL 71-361 Sec 702(e)..       475
         circumstances.
    Countervailing duties--Continued
      Procedures for initiating an
       investigation--Continued
        Notification to Commission.....  PL 71-361 Sec 702(d)..       475
        Petitions......................  PL 71-361 Sec 702(b)..       472
                                         PL 71-361 Sec 702(c)..       473
      Proceedings
        Definitions....................  PL 71-361 Sec 516A(f).       459
        Determinations involving free    PL 71-361 Sec 516A(g).       460
         trade area country
         merchandise, binational panel
         review.
        Liquidation in accordance with   PL 71-361 Sec 516A(e).       459
         final decision.
        Liquidation of entries.........  PL 71-361 Sec 516A(c).       458
        Review of determination........  PL 71-361 Sec 516A(a).       454
        Standards of review............  PL 71-361 Sec 516A(b).       457
        Standing.......................  PL 71-361 Sec 516A(d).       459
      Requests for review of Canadian    PL 100-449 Sec 408....      1017
       determinations.
      Special rules for injury
       investigations
        Description of orders..........  PL 71-361 Sec 753(a)..       540
        Investigation by Commission      PL 71-361 Sec 753(a)..       539
         upon request.
        Pending and suspended..........  PL 71-361 Sec 753(c)..       542
        Procedure and schedule.........  PL 71-361 Sec 753(b)..       540
        Publication in Federal Register  PL 71-361 Sec 753(d)..       542
        Request for simultaneous         PL 71-361 Sec 753(e)..       542
         expedited review.
        Requirements of requests.......  PL 71-361 Sec 753(a)..       540
        Suspension of liquidation......  PL 71-361 Sec 753(a)..       540
      Special rules for reviews
        Determination of likelihood of   PL 71-361 Sec 752(b)..       538
         continuation or recurrence of
         countervailable subsidy.
        Determination of likelihood of   PL 71-361 Sec 752(a)..       535
         continuation or recurrence of
         material injury.
      Termination or suspension of
       investigation
        Administering authority........  PL 71-361 Sec 704(e)..       485
                                         PL 71-361 Sec 704(k)..       489
        Cease exports of subject         PL 71-361 Sec 704(b)..       483
         merchandise agreements.
        Continued upon request.........  PL 71-361 Sec 704(g)..       487
        Determination not to take        PL 71-361 Sec 704(j)..       489
         agreement into account.
        Effects of.....................  PL 71-361 Sec 704(f)..       485
        Eliminate or offset a            PL 71-361 Sec 704(b)..       483
         countervailable subsidy
         agreements.
        Eliminating injurious effect     PL 71-361 Sec 704(c)..       483
         agreements.
        Liquidation of entries.........  PL 71-361 Sec 704(f)..       486
        Review of......................  PL 71-361 Sec 704(h)..       487
        Rules and conditions...........  PL 71-361 Sec 704(d)..       484
        Special rule for regional        PL 71-361 Sec 704(l)..       489
         industry investigations.
        Violation of agreement.........  PL 71-361 Sec 704(i)..       488
        Withdrawal of petition.........  PL 71-361 Sec 704(a)..       482
      Transition rules for orders......  PL 96-39 Sec 104......       826
    Court of International Trade
      Trade grievance jurisdiction.....  PL 93-618 Sec 284(c)..       344
    Crime control instruments
      Export controls..................  PL 96-72 Sec 6(n).....      1373
    Critical materials
      National Critical Materials Act    PL 98-373.............      1726
       of 1984.
        Advanced materials research and  PL 98-373 Sec 205.....      1729
         technology, program and policy.
        Appropriations authorization...  PL 98-373 Sec 211.....      1732
    Critical materials--Continued
      National Critical Materials Act
       of 1984--Continued
        Authorities of Council.........  PL 98-373 Sec 204(b)..      1729
        Authority......................  PL 98-373 Sec 210.....      1732
        Basic and advanced materials     PL 98-373 Sec 206.....      1730
         industries, innovation in.
        Compensation of members........  PL 98-373 Sec 207(a)..      1731
        Cooperative efforts............  PL 98-373 Sec 204(c)..      1729
        Definition.....................  PL 98-373 Sec 212.....      1733
        Director, responsibilities and   PL 98-373 Sec 209.....      1732
         duties.
        Executive Director, position     PL 98-373 Sec 208.....      1731
         and authorities.
        Findings.......................  PL 98-373 Sec 202(a)..      1726
        National Critical Materials      PL 98-373 Sec 203.....      1727
         Council establishment.
        Purpose........................  PL 98-373 Sec 202(b)..      1727
        Reimbursements.................  PL 98-373 Sec 207(b)..      1731
        Responsibilities of Council....  PL 98-373 Sec 204(a)..      1728
      Strategic and Critical Materials
       Transaction Authorization Act of
       1979
        Appropriations authorization...  PL 96-175 Sec 2.......      1740
        Authorities....................  PL 96-175 Sec 3.......      1740
                                         PL 96-175 Sec 4.......      1740
                                         PL 96-175 Sec 5.......      1740
    Crude oil, domestically produced
      Exports of.......................  PL 100-418 Sec 2424...      1306
      Short supply export controls.....  PL 96-72 Sec 7(d).....      1378
    Cuba
      Anchorage and movement of          Pres. Proc. 6867......      1554
       vessels, declaration of national
       emergency and emergency
       authority.
      Brothers to the Rescue
        Condemnation of Cuban attack     PL 104-114 Sec 116....      1532
         against aircraft.
      Enforcement of restrictions on     PL 100-418 Sec 1911...       741
       imports from.
      LIBERTAD Act of 1996.............  PL 104-114............      1515
      Prohibition on additional imports  PL 106-387 Sec 909....      1487
       from.
      Tariff treatment of Cuban          PL 87-456 Sec 401.....      1055
       products.
      Trade agreements.................  PL 71-361 Sec 350(b)..       452
      Trade sanctions for state          PL 106-387 Sec 906....      1484
       sponsors of international
       terrorism.
      Travel-related transactions,       PL 106-387 Sec 910....      1487
       requirements relating to.
    Cuban Democracy Act of 1992........  PL 102-484............      1556
      Cuban people, support for........  PL 102-484 Sec 1705...      1559
      Definition.......................  PL 102-484 Sec 1711...      1564
      Democratic government, policy      PL 102-484 Sec 1708...      1562
       toward.
      Enforcement......................  PL 102-484 Sec 1710...      1563
      Existing claims not affected.....  PL 102-484 Sec 1709...      1563
      Findings.........................  PL 102-484 Sec 1702...      1556
      Implementation of................  EO 12854..............      1565
      International cooperation........  PL 102-484 Sec 1704...      1558
      Sanctions........................  PL 102-484 Sec 1706...      1561
      Statement of policy..............  PL 102-484 Sec 1703...      1557
      Transitional government, policy    PL 102-484 Sec 1707...      1562
       toward.
    Cuban Liberty and Democratic         PL 104-114............      1515
     Solidarity (LIBERTAD) Act of 1996.
      Definitions......................  PL 104-114 Sec 4......      1519
      Exclusion of certain aliens
        Definitions....................  PL 104-114 Sec 401(b).      1552
        Exemption......................  PL 104-114 Sec 401(c).      1553
        Grounds for exclusion..........  PL 104-114 Sec 401(a).      1552
      Findings.........................  PL 104-114 Sec 2......      1516
      Free and independent Cuba,
       assistance to
        Assistance for Cuban people....  PL 104-114 Sec 202....      1535
    Cuban Liberty and Democratic
     Solidarity (LIBERTAD) Act of 1996--
     Continued
      Free and independent Cuba,
       assistance to--Continued
        Assistance program coordination  PL 104-114 Sec 203....      1537
        Confiscated property,            PL 104-114 Sec 207....      1542
         settlement of U.S. claims.
        Democratically elected           PL 104-114 Sec 201....      1533
         government, policy toward.
        Democratically elected           PL 104-114 Sec 206....      1542
         government requirements.
        Economic embargo termination...  PL 104-114 Sec 204....      1539
        Reports........................  PL 104-114 Sec 203(c).      1538
        Reprogramming..................  PL 104-114 Sec 203(d).      1538
        Transition government, policy    PL 104-114 Sec 201....      1533
         toward.
        Transition government            PL 104-114 Sec 205....      1540
         requirements and factors.
      Property rights of U.S.
       nationals, protection of
        Authorities....................  PL 104-114 Sec 306(c).      1551
        Findings.......................  PL 104-114 Sec 301....      1543
        Limitation of actions..........  PL 104-114 Sec 305....      1550
        Proof of ownership.............  PL 104-114 Sec 303....      1549
        Rescission of suspension.......  PL 104-114 Sec 306(d).      1551
        Suspension authority...........  PL 104-114 Sec 306(b).      1550
        Trafficking in confiscated       PL 104-114 Sec 302....      1544
         property, liability.
      Purposes.........................  PL 104-114 Sec 3......      1519
      Sanctions against Castro           PL 102-484 Sec 1706...      1561
       government.
        American aircraft, condemnation  PL 104-114 Sec 116....      1532
         of Cuban attack.
        Commerce with and assistance     PL 104-114 Sec 108....      1526
         from other countries, reports.
        Cuban Democracy Act of 1992....  PL 102-484 Sec 1706...      1561
        Enforcement....................  PL 104-114 Sec 102....      1523
        Expulsion of criminals from      PL 104-114 Sec 113....      1531
         Cuba.
        Family remittances and travel    PL 104-114 Sec 112....      1531
         to Cuba, sense of Congress.
        Importation safeguard against    PL 104-114 Sec 110....      1528
         products.
        Independent states of the        PL 104-114 Sec 106....      1525
         former Soviet Union assistance.
        Indirect financing prohibition.  PL 104-114 Sec 103....      1524
        International financial          PL 104-114 Sec 104....      1524
         institutions membership
         opposition.
        Juragua nuclear supporters,      PL 104-114 Sec 111....      1529
         withholding foreign assistance.
        Lawful United States government  PL 104-114 Sec 115....      1532
         activities.
        News bureaus in Cuba...........  PL 104-114 Sec 114....      1531
        Organization of American States  PL 104-114 Sec 105....      1525
         participation opposition.
        Statement of policy............  PL 104-114 Sec 101....      1522
        Support for democratic and       PL 104-114 Sec 109....      1527
         human rights groups.
        Television broadcasting........  PL 104-114 Sec 107....      1526
      Severability.....................  PL 104-114 Sec 5......      1522
    Cultural industries
      Identification of countries        PL 93-618 Sec 182(f)..       313
       denying adequate protection or
       market access for intellectual
       property rights.
    Customs and miscellaneous            PL 98-573.............       786
     amendments.
      Computer software, copyright       PL 98-573 Sec 251.....       789
       protection.
      Copper imports...................  PL 98-573 Sec 247.....       788
    Customs and miscellaneous
     amendments--Continued
      Corn gluten, sense of Congress     PL 98-573 Sec 245.....       787
       regarding possible European
       Community action.
      Foreign trade zone provisions....  PL 98-573 Sec 231.....       786
      Hogs and pork products imported    PL 98-573 Sec 250.....       789
       from Canada.
      Honey imports, study.............  PL 98-573 Sec 246.....       788
    Customs and Trade Act of 1990
      East Germany
        Nondiscriminatory treatment for  PL 101-382 Sec 142....      1199
         products.
      Exemption of Israeli products      PL 101-382 Sec 112....      1132
       from certain user fees.
    Customs Cooperation Council
      U.S. participation...............  PL 100-418 Sec 1210...       716
    Customs Service
      Action in response to trade        PL 93-618 Sec 422(a)..       389
       diversion.
    Customs Service, Commissioner of
      Integrated Border Inspection       PL 108-429 Sec 1560(b)       611
       Areas creation.
    Customs valuation
      Presidential report on operation   PL 96-39 Sec 203......       829
       of the General Agreement on
       Tariffs and Trade.
      Transition to standards..........  PL 96-39 Sec 204......       829
    Czech and Slovak Federal Republic
      Most-favored-nation treatment
        Findings.......................  PL 102-182 Sec 1(a)...      1194
        Preparatory Presidential action  PL 102-182 Sec 1(b)...      1194
        Termination of application of    PL 102-182 Sec 2......      1195
         Title IV of the Trade Act of
         1974.
    Czechoslovakia
      Payment of amounts owed U.S.       PL 93-618 Sec 408.....       382
       citizens and nationals.
      Trade Act of 1974 waiver.........  EO 12702..............      1211

                                        D

    Defense articles
      Annual report on impact of         50 USC App Sec 2099...      1435
       offsets.
      Declaration of offset policy.....  PL 102-558 Sec 123....      1437
      Export controls..................  EO 13222..............      1440
      Export-Import Bank of the United   PL 79-173 Sec 2(b)....      1233
       States involvement in sale of.
    Defense Production Act Amendments
     of 1992
      Declaration of offset policy.....  PL 102-558 Sec 123....      1437
    Democracy
      Burmese Freedom and Democracy Act  PL 108-61.............      1640
       of 2003.
      Cuban Democracy Act of 1992......  PL 102-484............      1556
    Denial of foreign tax credit.......  PL 99-514.............      1478
    Depository institutions
      Regulation of, studies relating    PL 100-418 Sec 3122...       751
       to.
      Regulatory provisions............  PL 100-418 Sec 3121...       751
    Developing countries. See also
     Beneficiary developing countries
      Exports to, report...............  PL 100-418 Sec 3303...      1316
      International financial            PL 95-118 Sec 901.....       156
       institutions promotion of human
       nutrition.
      Principal trade negotiating        PL 100-418 Sec 1101(b)       692
       objectives.
      Reduction of military spending...  PL 79-171 Sec 60......        33
      Technology deployment in
        Appropriations authorization...  PL 101-240 Sec 738....       142
        Definitions....................  PL 101-240 Sec 731....       138
        Fellowship and exchange          PL 101-240 Sec 737....       142
         programs.
    Developing countries--Continued
      Technology deployment in--
       Continued
        Greenhouse gas intensity.......  PL 101-240 Sec 732....       138
                                         PL 101-240 Sec 734....       140
                                         PL 101-240 Sec 735....       140
        Technology demonstration         PL 101-240 Sec 736....       141
         projects.
      Trade agreements with............  PL 93-618 Sec 106.....       265
    Development Fund of Iraq
      Protection of
        Authorities....................  EO 13303 Sec 4........      1581
        Definitions....................  EO 13303 Sec 3........      1581
        Effect of order................  EO 13303 Sec 1........      1580
                                         EO 13303 Sec 2........      1581
        Modifying......................  EO 13364..............      1589
    Diamonds. See Clean Diamond Trade
     Act
    Discriminatory Procurement
     Practices. See also Trade
     expansion priorities
      Annual report....................  EO 13116 Sec 1........       917
      Considerations in making           EO 13116 Sec 2........       917
       identifications.
      Consultations and advice.........  EO 13116 Sec 2........       919
      Identification...................  EO 13116 Sec 1........       917
      Impact of noncompliance and        EO 13116 Sec 3........       918
       denial of comparable treatment.
      Initiation of investigations.....  EO 13116 Sec 5........       918
      Presidential direction...........  EO 13116 Sec 1........       919
      Resolution.......................  EO 13116 Sec 4........       918
    Dominica. See Caribbean Basin
     Economic Recovery Act
    Dominican Republic. See Caribbean
     Basin Economic Recovery Act
    Dominican Republic-Central America-  PL 109-53.............       930
     United States Free Trade Agreement
     Implementation Act.
      Approval of agreement............  PL 109-53 Sec 101(a)..       931
      Claims arbitration...............  PL 109-53 Sec 106.....       934
      Consultation and layover           PL 109-53 Sec 104.....       933
       provisions for proclaimed
       actions.
      Definitions......................  PL 109-53 Sec 3.......       930
      Dispute settlement proceedings     PL 109-53 Sec 105.....       933
       administration.
      Entry into force of agreement....  PL 109-53 Sec 101(b)..       931
      Implementing actions.............  PL 109-53 Sec 103(a)..       932
      Initial regulations..............  PL 109-53 Sec 103(b)..       933
      Labor obligations meetings.......  PL 109-53 Sec 403(b)..       935
      Purposes.........................  PL 109-53 Sec 2.......       930
      Relationship of agreement to       PL 109-53 Sec 102.....       931
       United States and state law.
      Reports..........................  PL 109-53 Sec 403(a)..       934
      Termination of...................  PL 109-53 Sec 107.....       934
    Downstream products
      Action on basis of monitoring,     PL 71-361 Sec 780(c)..       601
       reports.
      Monitoring by the Commission.....  PL 71-361 Sec 780(b)..       601
      Petition requesting monitoring...  PL 71-361 Sec 780(a)..       599
    Drug control
      Asian Development Bank,            PL 89-369 Sec 19......        88
       preventing loans or funds
       utilization for countries
       allowing illegal drug activity.
      Foreign Narcotics Kingpin          PL 106-120............      1489
       Designation Act.
        Authorities....................  PL 106-120 Sec 806....      1494
        Blocking assets................  PL 106-120 Sec 805....      1493
        Definitions....................  PL 106-120 Sec 808....      1496
        Enforcement....................  PL 106-120 Sec 807....      1495
        Findings and policy............  PL 106-120 Sec 802....      1489
        Judicial Review Commission on    PL 106-120 Sec 810....      1496
         Foreign Asset Control.
        Prohibiting transactions.......  PL 106-120 Sec 805(c).      1494
        Public identification..........  PL 106-120 Sec 804....      1490
    Drug control--Continued
      Foreign Narcotics Kingpin
       Designation Act--Continued
        Purpose........................  PL 106-120 Sec 803....      1490
        Reports........................  PL 106-120 Sec 804....      1490
      Inter-American Development Bank
        Preventing loans or funds        PL 86-147 Sec 22......        68
         utilization for countries
         allowing illegal drug activity.
        Reducing dependence on illicit   PL 101-240 Sec 103....       128
         narcotics through loans, sense
         of Congress.
      International Bank for             PL 86-565 Sec 13......        44
       Reconstruction and Development,
       preventing loans or funds
       utilization for countries
       allowing illegal drug activity.
      Linkage of debt reduction loans    PL 101-240 Sec 407....       132
       to reduction in drug trafficking.
      List of foreign countries          PL 93-618 Sec 606.....       408
       producing, processing, or
       transporting controlled
       substances.
      Loan programs to reduce economic   PL 95-118 Sec 1606....       180
       dependence on illicit narcotics.
      Narcotics Control Trade Act......  PL 93-618 Sec 801.....       410
        Definitions....................  PL 93-618 Sec 805.....       417
        Progress reports...............  PL 93-618 Sec 804.....       417
        Sugar quota....................  PL 93-618 Sec 803.....       417
        Tariff treatment of products of  PL 93-618 Sec 802.....       411
         uncooperative drug producing
         or transit countries.
      Narcotics traffickers, sanctions
       against
        Authorities....................  EO 12978 Sec 4........      1501
        Blocking assets................  EO 12978 Sec 1........      1500
        Definitions....................  EO 12978 Sec 3........      1501
        Prohibiting transactions.......  EO 12978 Sec 2........      1501
    Drug eradication. See Andean Trade
     Promotion and Drug Eradication Act

                                        E

    East Germany
      Nondiscriminatory treatment for    PL 101-382 Sec 142....      1199
       products.
    East-West Foreign Trade Board
      Abolition of.....................  RP No. 3 of 1979 Sec 6       897
      Trade Agreements Program           EO 11846 Sec 7........       901
       administration.
    Eastern Europe
      Export-Import Bank trade finance,  PL 102-429 Sec 120....      1277
       report.
    EC. See European Community
    Economic Development of the
     Southwest Border. See Interagency
     Task Force on the Economic
     Development of the Southwest
     Border
    Economic policies
      International Emergency Economic   PL 95-223.............      1466
       Powers Act.
        Authority to issue regulations.  PL 95-223 Sec 205.....      1471
        Consultation...................  PL 95-223 Sec 204.....      1470
        Exercising authorities.........  PL 95-223 Sec 202.....      1467
        Grants of authorities..........  PL 95-223 Sec 203.....      1468
        Penalties......................  PL 95-223 Sec 206.....      1471
        Report.........................  PL 95-223 Sec 204(c)..      1471
        Savings provision..............  PL 95-223 Sec 207.....      1471
        Trading With the Enemy Act       PL 95-223 Sec 101.....      1466
         amendments.
    Economic policies--Continued
      Iraq
        Confiscating and vesting         EO 13290..............      1578
         property.
        Sanctions against..............  PL 101-510 Sec 1458...      1577
      Iraq Sanctions Act of 1990.......  PL 101-513............      1566
        Consultations with Congress....  PL 101-513 Sec 586B...      1567
        Embargo violations, penalties    PL 101-513 Sec 586E...      1569
         for.
        Export license restrictions....  PL 101-513 Sec 586I...      1574
        Invasion of Kuwait,              PL 101-513 Sec 586A...      1566
         declarations regarding.
        Reports........................  PL 101-513 Sec 586J...      1574
        Sanctions......................  PL 101-513 Sec 586G...      1571
        Trade embargo..................  PL 101-513 Sec 586C...      1567
        U.N. sanctions, compliance with  PL 101-513 Sec 586D...      1568
        Violations of international      PL 101-513 Sec 586F...      1569
         law, declarations regarding.
        Waiver authority...............  PL 101-513 Sec 586H...      1572
      Johnson Act
        Financial transactions with      PL 80-772.............      1690
         foreign governments.
      Trading With the Enemy Act.......  PL 65-91..............      1458
        Meaning of word ``enemy''......  PL 65-91 Sec 2........      1458
        Penalties for violations.......  PL 65-91 Sec 16.......      1463
        Presidential authority.........  PL 65-91 Sec 5........      1461
        Prohibited actions.............  PL 65-91 Sec 3........      1460
    Economic policy coordination. See
     Exchange Rates and International
     Economic Policy Coordination Act
     of 1988
    Ecuador. See Andean Trade
     Preference Act
    Education
      Exchange programs
        South African..................  PL 103-149 Sec 7......      1633
    El Salvador. See also Caribbean
     Basin Economic Recovery Act
      International Monetary Fund/World  PL 79-171 Sec 38......        20
       Bank assistance to, sense of
       Congress.
    Electronic commerce
      Internet.........................  PL 105-277 Sec 1203...       667
    Eligible articles
      Articles ineligible for            PL 93-618 Sec 503(b)..       398
       designation.
      Competitive need limitation......  PL 93-618 Sec 503(c)..       399
        Waiver of......................  PL 93-618 Sec 503(d)..       400
      Designation of...................  PL 93-618 Sec 503(a)..       397
      International Trade Commission     PL 93-618 Sec 503(e)..       402
       advice.
      Withdrawal, suspension, or         PL 93-618 Sec 503(c)..       399
       limitation of duty-free
       treatment.
    Emergencies. See National
     emergencies; National Emergencies
     Act
    Emergency Protection for Iraqi
     Cultural Antiquities Act of 2004
      Emergency implementation of        PL 108-429 Sec 3002...       613
       import restrictions.
      Termination of authority.........  PL 108-429 Sec 3003...       613
    Employees. See Workers
    Employers. See Industries
    Employment
      Retraining programs, report......  PL 106-200 Sec 401....       651
    Encryption products
      Export controls..................  EO 12981..............      1449
    Enhanced Structural Adjustment
     Facility
      Contribution to Interest Subsidy   PL 79-171 Sec 54......        29
       Account.
      Pledge to sell gold to provide     PL 79-171 Sec 58......        31
       resources for Reserve Account.
      Reform of........................  PL 95-118 Sec 1624....       194
    Enterprise for the Americas
     Multilateral Investment Fund
      Contributions to.................  PL 86-147 Sec 37......        77
    Environmental issues
      Border Environment Cooperation     EO 12916..............      1065
       Commission and the North
       American Development Bank
       Agreement.
        Good Neighbor Environmental      EO 12916 Sec 10.......      1067
         Board.
        Intention of order.............  EO 12916 Sec 11.......      1067
        Interagency coordination.......  EO 12916 Sec 2(b).....      1065
        Policy.........................  EO 12916 Sec 1........      1065
        Project loans, guarantees or     EO 12916 Sec 3(b).....      1066
         grants.
                                         EO 12916 Sec 3(c).....      1066
                                         EO 12916 Sec 3(d).....      1066
        Secretary of Treasury functions  EO 12916 Sec 4........      1066
                                         EO 12916 Sec 5........      1066
        U.S. representation............  EO 12916 Sec 2(a).....      1065
                                         EO 12916 Sec 3(a).....      1065
      Debt-for-development swaps for     PL 95-118 Sec 1608....       181
       conservation, initiation of
       discussions to facilitate.
      Effect of pending multilateral     PL 95-118 Sec 1703....       201
       development bank loans.
      Enhanced HIPC Initiative,          PL 95-118 Sec 1625....       196
       modification of.
      Environmental trade promotion
        Definition.....................  PL 100-418 Sec 2313(k)      1305
        Environmental Technologies       PL 100-418 Sec 2313(c)      1301
         Trade Advisory Committee.
        Environmental Trade Promotion    PL 100-418 Sec 2313(b)      1300
         Working Group.
        Environmental training.........  PL 100-418 Sec 2313(g)      1303
        Export alliances...............  PL 100-418 Sec 2313(j)      1305
        Export plans for priority        PL 100-418 Sec 2313(d)      1301
         countries.
        International regional           PL 100-418 Sec 2313(h)      1303
         environmental initiatives.
        Project advocacy calendar and    PL 100-418 Sec 2313(i)      1304
         information dissemination
         program.
        Statement of policy............  PL 100-418 Sec 2313(a)      1300
        Technologies specialists in the  PL 100-418 Sec 2313(f)      1302
         United States and Foreign
         Commercial Service.
        Trade information..............  PL 100-418 Sec 2313(e)      1302
      Export-Import Bank policy and      PL 79-173 Sec 11......      1258
       procedures.
      Global Environmental Protection
       Assistance Act of 1989
        Negotiations policy............  PL 101-240 Sec 722....       137
        U.S. policy, sense of Congress.  PL 101-240 Sec 721....       137
      Greenhouse gas
        Reducing technologies, trade-    PL 101-240 Sec 734....       140
         related barriers to export of.
        Reducing technology export       PL 101-240 Sec 735....       140
         initiative.
        Reduction of...................  PL 101-240 Sec 732....       138
      Institution-building for non-      PL 95-118 Sec 1616....       189
       governmental organizations
       concerned with the environment.
      International debt exchanges and   PL 101-240 Sec 511....       133
       the environment, sense of
       Congress.
      International financial
       institutions
        Assessment of benefits and       PL 95-118 Sec 1306....       160
         costs of multilateral
         development bank actions.
        Educational programs for         PL 95-118 Sec 1305....       160
         multilateral development bank
         managers.
        Findings.......................  PL 95-118 Sec 1301....       158
        Impact of proposed multilateral  PL 95-118 Sec 1307....       161
         development bank actions.
    Environmental issues--Continued
      International financial
       institutions--Continued
        Multilateral development bank    PL 95-118 Sec 1303....       159
         loans, determining impact of.
        Strengthening environmental      PL 95-118 Sec 1302....       159
         performance of the banks.
        System for cooperative exchange  PL 95-118 Sec 1304....       160
         of information.
      Multilateral development banks     PL 95-118 Sec 1614....       187
       and debt-for-nature exchanges.
      North American Agreement on
       Environmental Cooperation
        U.S. participation in            PL 103-182 Sec 532....       957
         Commission.
      North American Agreement on        EO 12915..............      1061
       Environmental Cooperation
       Implementation.
        Consultation with states.......  EO 12915 Sec 2(e).....      1063
        Environmental effects of the     EO 12915 Sec 2(c).....      1062
         North American Free Trade
         Agreement.
        Judicial review................  EO 12915 Sec 5........      1064
        National Advisory Committee....  EO 12915 Sec 3........      1063
        Policy.........................  EO 12915 Sec 1........      1061
        Priorities.....................  EO 12915 Sec 2(a).....      1061
        Transparency and public          EO 12915 Sec 2(d).....      1062
         participation.
        U.S. contributions to the        EO 12915 Sec 4........      1063
         Commission.
        U.S. representation on the       EO 12915 Sec 2(b).....      1062
         Council.
      North American Development Bank    PL 108-215 Sec 6......       123
       financing of projects, sense of
       Congress.
      Promotion of lending for the       PL 95-118 Sec 1615....       189
       environment.
      Renewable resources for energy
       production
        Findings.......................  PL 96-259 Sec 601.....       148
        U.S. policies..................  PL 96-259 Sec 602.....       149
      Sub-Saharan Africa, initiation of  PL 95-118 Sec 1609....       182
       discussions to facilitate
       financing of natural resource
       programs.
    Environmental Review of Trade        EO 13141..............       923
     Agreements.
    ESAF. See Enhanced Structural
     Adjustment Facility
    Estonia
      Most-favored-nation treatment
        Findings.......................  PL 102-182 Sec 101....      1195
        Nondiscriminatory treatment,     PL 102-182 Sec 102....      1196
         extension of.
        Prompt provision of Generalized  PL 102-182 Sec 104....      1197
         System of Preferences
         treatment, sense of Congress.
        Termination of application of    PL 102-182 Sec 103....      1196
         Title IV of the Trade Act of
         1974.
    European Bank for Reconstruction
     and Development. See Foreign
     Operations Appropriations
     Instructions, FY 2006;
     International debt forgiveness and
     international financial
     institutions reform; International
     Financial Institutions Act
    European Bank for Reconstruction     PL 101-513............       108
     and Development Act.
      Bretton Woods Agreements Act       PL 101-513 Sec 562....       108
       applicability.
      Congressional consultations......  PL 101-513 Sec 562....       111
      Effectiveness of agreement.......  PL 101-513 Sec 562....       110
      Federal Reserve banks as           PL 101-513 Sec 562....       109
       depositories.
      Governor and alternate Governor..  PL 101-513 Sec 562....       108
      Jurisdiction and venue of actions  PL 101-513 Sec 562....       110
      Membership acceptance............  PL 101-513 Sec 562....       108
    European Bank for Reconstruction
     and Development Act--Continued
      Securities issued as exempt,       PL 101-513 Sec 562....       110
       filing with Securities and
       Exchange Commission.
      Stock subscription...............  PL 101-513 Sec 562....       109
      Technical amendments.............  PL 101-513 Sec 562....       111
    European Community
      Implementation of Agreement on     EO 12849..............      1075
       Government Procurement.
      Possible action regarding tariff   PL 98-573 Sec 245.....       787
       action on corn gluten, sense of
       Congress.
      United States-EC agreement on      PL 100-418 Sec 1122...       709
       citrus and pasta implementation.
    European Community and Government
     Procurement, implementation of
     Agreement
      Application of order.............  EO 12849 Sec 3........      1075
                                         EO 12849 Sec 4........      1075
      Buy American Act provisions......  EO 12849 Sec 1........      1075
      Rule of origin...................  EO 12849 Sec 2........      1075
      United States Trade                EO 12849 Sec 5........      1075
       Representative responsibilities.
    Exchange Rates and International
     Economic Policy Coordination Act
     of 1988
      Definitions......................  PL 100-418 Sec 3006...       746
      Findings.........................  PL 100-418 Sec 3002...       743
      International negotiations.......  PL 100-418 Sec 3004...       745
      Reporting requirements...........  PL 100-418 Sec 3005...       745
      Statement of policy..............  PL 100-418 Sec 3003...       744
    Exchange stabilization fund
      Financial stabilization programs   PL 95-118 Sec 1704....       201
       led by the International
       Monetary Fund, report.
      Presidential certification         PL 104-6 Sec 406......       211
       regarding swap of currencies to
       Mexico.
      Special Drawing Rights
        Administration of..............  PL 90-349 Sec 3.......       243
        Purchase of certificates.......  PL 90-349 Sec 4.......       243
    Export Administration Act of 1969
      Administration of................  EO 12002..............      1455
        Authority delegation...........  EO 12002 Sec 1........      1455
                                         EO 12002 Sec 2........      1455
                                         EO 12002 Sec 5........      1456
        Export Administration Review     EO 12002 Sec 3........      1456
         Board.
        Export license matter referrals  EO 12002 Sec 4........      1456
        Force and effect of order......  EO 12002 Sec 6........      1456
    Export Administration Act of 1979..  PL 96-72..............      1336
      Administration of................  EO 12214..............      1451
      Administrative authority.........  PL 96-72 Sec 15.......      1420
      Administrative procedure
        Civil penalties and sanctions..  PL 96-72 Sec 13(c)....      1415
        Exemption......................  PL 96-72 Sec 13(a)....      1415
        License denial appeals.........  PL 96-72 Sec 13(e)....      1417
        Public participation...........  PL 96-72 Sec 13(b)....      1415
        Temporary denial orders........  PL 96-72 Sec 13(d)....      1416
      Annual report....................  PL 96-72 Sec 14.......      1417
      Appropriations authorization.....  PL 96-72 Sec 18.......      1422
      Authority delegation.............  PL 96-72 Sec 4(e).....      1343
      Chemical and biological weapons
       proliferation sanctions
        Consultations with foreign       PL 96-72 Sec 11C(b)...      1409
         governments.
        Definition of foreign person...  PL 96-72 Sec 11C(f)...      1411
        Description of.................  PL 96-72 Sec 11C(c)...      1409
        Exceptions.....................  PL 96-72 Sec 11C(c)...      1410
        Imposition of..................  PL 96-72 Sec 11C(a)...      1408
        Termination of.................  PL 96-72 Sec 11C(d)...      1410
        Waiver.........................  PL 96-72 Sec 11C(e)...      1410
    Export Administration Act of 1979--
     Continued
      Continuation of..................  EO 12981..............      1444
      Control list.....................  PL 96-72 Sec 4(b).....      1342
      Definitions......................  PL 96-72 Sec 16.......      1421
      Effect on other acts.............  PL 96-72 Sec 17.......      1421
      Enforcement
        Authority......................  PL 96-72 Sec 12(a)....      1411
        Confidentiality................  PL 96-72 Sec 12(c)....      1413
        Immunity.......................  PL 96-72 Sec 12(b)....      1413
        Reporting requirements.........  PL 96-72 Sec 12(d)....      1415
        Simplification of regulations..  PL 96-72 Sec 12(e)....      1415
      Fees.............................  PL 96-72 Sec 4(g).....      1343
      Findings.........................  PL 96-72 Sec 2........      1337
      Foreign availability.............  PL 96-72 Sec 4(c).....      1342
      Foreign boycotts
        Foreign policy controls........  PL 96-72 Sec 8(b).....      1386
        Preemption.....................  PL 96-72 Sec 8(c).....      1386
        Prohibitions and exceptions....  PL 96-72 Sec 8(a).....      1384
      Foreign policy controls
        Alternative means..............  PL 96-72 Sec 6(e).....      1365
        Authority......................  PL 96-72 Sec 6(a).....      1363
        Chemical and biological weapons  PL 96-72 Sec 6(m).....      1372
        Congressional consultation.....  PL 96-72 Sec 6(f).....      1365
        Consultation with other          PL 96-72 Sec 6(d).....      1365
         countries.
        Control list...................  PL 96-72 Sec 6(o).....      1373
        Countries supporting             PL 96-72 Sec 6(j).....      1367
         international terrorism.
        Crime control instruments......  PL 96-72 Sec 6(n).....      1373
        Criteria.......................  PL 96-72 Sec 6(b).....      1364
        Exclusion for medicine, medical  PL 96-72 Sec 6(g).....      1366
         supplies and food exports.
        Existing contracts and           PL 96-72 Sec 6(p).....      1374
         licenses, effect on.
        Expanded authority to impose     PL 96-72 Sec 6(r).....      1374
         controls.
        Extension of controls..........  PL 96-72 Sec 6(q).....      1374
        Foreign availability...........  PL 96-72 Sec 6(h).....      1367
        Industry consultation..........  PL 96-72 Sec 6(c).....      1364
        International obligations......  PL 96-72 Sec 6(i).....      1367
        Missile technology.............  PL 96-72 Sec 6(l).....      1371
        Negotiations with other          PL 96-72 Sec 6(k).....      1370
         countries.
        Spare parts....................  PL 96-72 Sec 6(s).....      1375
      Hardship relief from export        PL 96-72 Sec 9........      1387
       controls.
      Judicial review..................  PL 96-72 Sec 13.......      1415
      License application processing
        Action by other departments and  PL 96-72 Sec 10(e)....      1389
         agencies.
        Action by Secretary............  PL 96-72 Sec 10(f)....      1390
        Action on applications.........  PL 96-72 Sec 10(c)....      1389
        Appeal and court action........  PL 96-72 Sec 10(j)....      1393
        Exports to members of            PL 96-72 Sec 10(o)....      1395
         coordinating committee.
        Initial screening..............  PL 96-72 Sec 10(b)....      1388
        Inquiries......................  PL 96-72 Sec 10(l)....      1393
        Multilateral controls..........  PL 96-72 Sec 10(h)....      1392
        Primary responsibility of        PL 96-72 Sec 10(a)....      1388
         Secretary.
        Records........................  PL 96-72 Sec 10(i)....      1393
        Referrals......................  PL 96-72 Sec 10(d)....      1389
        Reports........................  PL 96-72 Sec 10(n)....      1394
        Requirement changes............  PL 96-72 Sec 10(k)....      1393
        Small business assistance......  PL 96-72 Sec 10(m)....      1394
        Special procedures for           PL 96-72 Sec 10(g)....      1391
         Secretary of Defense.
      License types....................  PL 96-72 Sec 4(a).....      1341
      Missile proliferation control
        Definitions....................  PL 96-72 Sec 11B(c)...      1406
    Export Administration Act of 1979--
     Continued
      Missile proliferation control--
       Continued
        Transfers of missile equipment   PL 96-72 Sec 11B(b)...      1404
         or technology by foreign
         persons.
        U.S. persons...................  PL 96-72 Sec 11B(a)...      1403
      National security controls
        Agricultural commodities         PL 96-72 Sec 5(q).....      1363
         exclusion.
        Authority......................  PL 96-72 Sec 5(a).....      1343
        Commercial agreements with       PL 96-72 Sec 5(j).....      1361
         certain countries.
        Control list...................  PL 96-72 Sec 5(c).....      1346
        Diversion of controlled goods    PL 96-72 Sec 5(l).....      1361
         or technology.
        Export licenses................  PL 96-72 Sec 5(e).....      1350
        Foreign availability...........  PL 96-72 Sec 5(f).....      1351
        Goods containing controlled      PL 96-72 Sec 5(m).....      1362
         parts and components.
        Indexing.......................  PL 96-72 Sec 5(g).....      1357
        Militarily critical              PL 96-72 Sec 5(d).....      1349
         technologies.
        Multilateral export controls...  PL 96-72 Sec 5(i).....      1360
        National Security Control        PL 96-72 Sec 5(p).....      1362
         Office.
        Negotiations with countries....  PL 96-72 Sec 5(k).....      1361
        Policy toward individual         PL 96-72 Sec 5(b).....      1345
         countries.
        Recordkeeping..................  PL 96-72 Sec 5(o).....      1362
        Security measures..............  PL 96-72 Sec 5(n).....      1362
        Technical advisory committees..  PL 96-72 Sec 5(h).....      1358
      Notification of the public.......  PL 96-72 Sec 4(f).....      1343
      Policy declaration...............  PL 96-72 Sec 3........      1338
      Regulations issuance.............  PL 96-72 Sec 19.......      1423
      Regulatory authority.............  PL 96-72 Sec 15.......      1420
      Right of export..................  PL 96-72 Sec 4(d).....      1343
      Savings provisions...............  PL 96-72 Sec 21.......      1424
      Short supply controls
        Agricultural commodities.......  PL 96-72 Sec 7(g).....      1380
        Authority......................  PL 96-72 Sec 7(a).....      1375
        Barter agreements..............  PL 96-72 Sec 7(h).....      1382
        Domestically produced crude oil  PL 96-72 Sec 7(d).....      1378
        Existing contracts, effect of    PL 96-72 Sec 7(j).....      1384
         controls on.
        Monitoring.....................  PL 96-72 Sec 7(b).....      1375
        Petitions......................  PL 96-72 Sec 7(c).....      1376
        Petroleum products.............  PL 96-72 Sec 7(f).....      1380
        Refined petroleum products.....  PL 96-72 Sec 7(e).....      1379
        Unprocessed red cedar..........  PL 96-72 Sec 7(i).....      1383
      Termination date.................  PL 96-72 Sec 20.......      1423
      Violations
        Actions for recovery of          PL 96-72 Sec 11(f)....      1398
         penalties.
        Authorities....................  PL 96-72 Sec 11(i)....      1399
        Civil penalties................  PL 96-72 Sec 11(c)....      1397
        Forfeiture of property interest  PL 96-72 Sec 11(g)....      1398
         and proceeds.
        General provisions.............  PL 96-72 Sec 11(a)....      1396
        Payment of penalties...........  PL 96-72 Sec 11(d)....      1398
        Prior convictions..............  PL 96-72 Sec 11(h)....      1399
        Refunds........................  PL 96-72 Sec 11(e)....      1398
        Willful........................  PL 96-72 Sec 11(b)....      1396
      Violations, multilateral export
       control
        Compensation for diversion of    PL 96-72 Sec 11A(i)...      1402
         militarily critical
         technologies.
        Damages........................  PL 96-72 Sec 11A(k)...      1403
        Definitions....................  PL 96-72 Sec 11A(e)...      1401
                                         PL 96-72 Sec 11A(l)...      1403
        Determination by the President.  PL 96-72 Sec 11A(a)...      1399
        Discretionary imposition of      PL 96-72 Sec 11A(h)...      1402
         sanctions.
        Exceptions.....................  PL 96-72 Sec 11A(c)...      1400
        Exclusion......................  PL 96-72 Sec 11A(d)...      1401
    Export Administration Act of 1979--
     Continued
      Violations, multilateral export
       control--Continued
        Presidential actions...........  PL 96-72 Sec 11A(j)...      1402
        Reports........................  PL 96-72 Sec 11A(g)...      1402
        Sanctions......................  PL 96-72 Sec 11A(b)...      1400
        Subsequent modifications of      PL 96-72 Sec 11A(f)...      1401
         sanctions.
    Export Administration Amendments
     Act of 1981
      Embargo authority................  PL 97-145 Sec 7.......      1439
    Export Administration Amendments     PL 99-64..............      1431
     Act of 1985.
      Alaskan oil study................  PL 99-64 Sec 126......      1431
      Export promotion programs
        Appropriations authorization...  PL 99-64 Sec 202......      1433
        Barter arrangements............  PL 99-64 Sec 203......      1433
        Prior authorization requirement  PL 99-64 Sec 201......      1432
    Export Administration Review Board
      Interagency dispute resolution...  EO 12981 Sec 5........      1446
    Export controls
      Administration of................  EO 12981..............      1444
        Department or agency review....  EO 12981 Sec 4........      1446
        Determinations.................  EO 12981 Sec 2........      1444
        Encryption products............  EO 12981 Sec 6........      1449
        Initial processing.............  EO 12981 Sec 3........      1445
        Interagency dispute resolution.  EO 12981 Sec 5........      1446
        Judicial review................  EO 12981 Sec 8........      1450
        License review.................  EO 12981 Sec 1........      1444
                                         EO 12981 Sec 7........      1450
      Encryption products
        Judicial review................  EO 13026 Sec 3........      1443
        Treatment of...................  EO 13026 Sec 1........      1442
      High performance computers.......  PL 105-85.............      1426
        Approvals......................  PL 105-85 Sec 1211....      1426
        Congressional committees.......  PL 105-85 Sec 1215....      1430
        End user information assistance  PL 105-85 Sec 1214....      1429
        GAO study......................  PL 105-85 Sec 1214....      1429
        Post-shipment verification.....  PL 105-85 Sec 1213....      1429
        Report.........................  PL 105-85 Sec 1212....      1428
    Export controls, continuing........  EO 13222..............      1440
      Arms Export Control Act authority  EO 13222 Sec 3........      1441
      Authority delegations............  EO 13222 Sec 1........      1440
                                         EO 13222 Sec 2........      1441
    Export Enhancement Act. See Trade
     Sanctions Reform and Export
     Enhancement Act of 2000
    Export Enhancement Act of 1988.....  PL 100-418............      1280
      American Institute of Taiwan
        Commercial personnel...........  PL 100-418 Sec 2201...      1284
      Barter and countertrade..........  PL 100-418 Sec 2205...      1286
      Budget Act regulations...........  PL 100-418 Sec 2503...      1311
      Countries providing weaponry to    PL 100-418 Sec 2102...      1282
       belligerent countries in the
       Persian Gulf region, sense of
       Congress.
      Domestically produced crude oil,   PL 100-418 Sec 2424...      1306
       exports of.
      Environmental trade promotion
        Definition.....................  PL 100-418 Sec 2313(k)      1305
        Environmental technologies       PL 100-418 Sec 2313(f)      1302
         specialists in the United
         States and Foreign Commercial
         Service.
        Environmental Technologies       PL 100-418 Sec 2313(c)      1301
         Trade Advisory Committee.
        Environmental Trade Promotion    PL 100-418 Sec 2313(b)      1300
         Working Group.
        Environmental training.........  PL 100-418 Sec 2313(g)      1303
    Export Enhancement Act of 1988--
     Continued
      Environmental trade promotion--
       Continued
        Export alliances...............  PL 100-418 Sec 2313(j)      1305
        Export plans for priority        PL 100-418 Sec 2313(d)      1301
         countries.
        International regional           PL 100-418 Sec 2313(h)      1303
         environmental initiatives.
        Project advocacy calendar and    PL 100-418 Sec 2313(i)      1304
         information dissemination
         program.
        Statement of policy............  PL 100-418 Sec 2313(a)      1300
        Trade information..............  PL 100-418 Sec 2313(e)      1302
      Export policy, report............  PL 100-418 Sec 2314...      1305
      Export promotion programs          PL 100-418 Sec 2305...      1296
       appropriations authorization.
      Export trading companies, report.  PL 100-418 Sec 2311...      1297
      Fair Trade in Auto Parts Act of
       1988
        Definition.....................  PL 100-418 Sec 2122...      1282
        Expiration date................  PL 100-418 Sec 2125...      1284
        Japan..........................  PL 100-418 Sec 2123...      1282
                                         PL 100-418 Sec 2124...      1283
      Indian tribes export promotion...  PL 100-418 Sec 2307...      1296
      Intellectual property, protection  PL 100-418 Sec 2206...      1288
       of, sense of Congress.
      Japan
        Arab boycott of Israel, sense    PL 100-418 Sec 2209...      1289
         of Congress.
        Importation of manufactured      PL 100-418 Sec 2208...      1288
         goods from less developed
         countries.
      Jewelry trade, facilitation of,    PL 100-418 Sec 2210...      1289
       sense of Congress.
      License application procedures...  PL 100-418 Sec 2425...      1308
      Market Development Cooperator
       Program
        Budget Act regulations.........  PL 100-418 Sec 2303(d)      1295
        Cooperator Partnership Program.  PL 100-418 Sec 2303(c)      1294
        Implementation of..............  PL 100-418 Sec 2303(b)      1294
        Secretary of Commerce authority  PL 100-418 Sec 2303(a)      1293
      Multilateral Export Control
       Enhancement
        Findings.......................  PL 100-418 Sec 2442...      1310
        Mandatory sanctions against      PL 100-418 Sec 2443...      1310
         Toshiba and Kongsberg.
      National security export           PL 100-418 Sec 2433...      1308
       controls, study.
      Overseas Private Investment
       Corporation
        Reaffirmation of support.......  PL 100-418 Sec 2203(a)      1284
      Trade and Development Program
        Administrative provisions......  PL 100-418 Sec 2204...      1284
        Reaffirmation of support.......  PL 100-418 Sec 2204(a)      1284
      Trade Promotion Coordinating
       Committee
        Duties.........................  PL 100-418 Sec 2312(b)      1298
        Establishment and purpose......  PL 100-418 Sec 2312(a)      1298
        Member qualifications..........  PL 100-418 Sec 2312(e)      1299
        Membership.....................  PL 100-418 Sec 2312(d)      1299
        Report.........................  PL 100-418 Sec 2312(f)      1299
        Strategic plan.................  PL 100-418 Sec 2312(c)      1298
      Trade shows......................  PL 100-418 Sec 2304...      1295
      United States and Foreign
       Commercial Service
        Audits.........................  PL 100-418 Sec 2301(g)      1292
        Cooperation in Federal           PL 100-418 Sec 2301(f)      1292
         financing and insurance
         programs.
        Definitions....................  PL 100-418 Sec 2301(j)      1293
        Establishment of...............  PL 100-418 Sec 2301(a)      1289
        Information dissemination......  PL 100-418 Sec 2301(e)      1292
        Offices........................  PL 100-418 Sec 2301(c)      1290
    Export Enhancement Act of 1988--
     Continued
      United States and Foreign
       Commercial Service--Continued
        Pacific Rim Initiative.........  PL 100-418 Sec 2306...      1296
        Pay of Assistant Secretary and   PL 100-418 Sec 2301(i)      1293
         Director General.
        Rank of Commercial Service       PL 100-418 Sec 2301(d)      1291
         officers in foreign missions.
        Report.........................  PL 100-418 Sec 2301(h)      1293
        Statement of purpose...........  PL 100-418 Sec 2301(b)      1290
      United States-Mexico Framework     PL 100-418 Sec 2101...      1282
       Agreement on Trade and
       Investment.
      Wood exports, monitoring.........  PL 100-418 Sec 2432...      1308
      Worker rights, report............  PL 100-418 Sec 2207...      1288
    Export Enhancement Act of 1992.....  PL 102-429............      1274
      Export-Import Bank
       reauthorization
        Declaration of policy..........  PL 102-429 Sec 101....      1274
        Employee compensation..........  PL 102-429 Sec 117....      1275
        Financing of services, report..  PL 102-429 Sec 119....      1276
        Regional offices, report.......  PL 102-429 Sec 118....      1276
        Trade finance for Baltic         PL 102-429 Sec 120....      1277
         States, independent States of
         the former Soviet Union, and
         Europe.
      Export promotion
        Environmental trade promotion,   PL 102-429 Sec 204....      1278
         report on insurance
         feasibility.
    Export Enhancement Act of 1999
      Trade Promotion Coordinating
       Committee
        Primary objectives,              PL 106-158 Sec 6......      1269
         implementation of.
    Export Expansion Advisory Committee  EO 11420 Sec 3........      1334
    Export-Import Bank
      Consultation with agencies.......  EO 12166 Sec 1-102....      1328
      Delegation of authority..........  EO 12166 Sec 1-101....      1328
      Denial of credit application.....  EO 12166 Sec 1-103....      1328
      Effect of derogation of financing  PL 71-361 Sec 708.....       496
       on countervailing duties.
      Export financing for goods and     PL 101-510 Sec 4303(a)      1312
       services produced by former
       defense production firms, sense
       of Congress.
      International trade functions....  RP No. 3 of 1979 Sec 3       895
      Reauthorization
        Declaration of policy..........  PL 102-429 Sec 101....      1274
        Employee compensation..........  PL 102-429 Sec 117....      1275
        Financing of services, report..  PL 102-429 Sec 119....      1276
        Regional offices, report.......  PL 102-429 Sec 118....      1276
        Trade finance demand for Baltic  PL 102-429 Sec 120....      1277
         States, independent States of
         the former Soviet Union, and
         Central and Eastern Europe.
      Tied aid credit program            PL 98-181 Sec 644.....      1320
       establishment.
      U.S. balance of payments
       improvement
        Appropriations authorization...  PL 90-390 Sec 3.......      1333
        Defense articles exception.....  PL 90-390 Sec 5.......      1333
        Limitation of powers...........  PL 90-390 Sec 4.......      1333
        Losses.........................  PL 90-390 Sec 2.......      1332
        Policy.........................  PL 90-390 Sec 1.......      1332
    Export-Import Bank Act Amendments
      Export-import programs to the      PL 101-240 Sec 103....       128
       People's Republic of China,
       prohibitions.
      Loan loss reserves, report.......  PL 101-240 Sec 101(e).       127
    Export-Import Bank Act Amendments    PL 95-630.............      1325
     of 1978.
      Export credit competition
        Authorizations.................  PL 95-630 Sec 1908....      1325
    Export-Import Bank Act Amendments
     of 1978--Continued
      Export credit competition--
       Continued
        Impact of Bank activities on     PL 95-630 Sec 1911....      1326
         industries and employment,
         report.
        Noncompetitive financing offers  PL 95-630 Sec 1912....      1326
        Report.........................  PL 95-630 Sec 1913....      1327
    Export-Import Bank Act Amendments    PL 98-181.............      1319
     of 1983.
      Tied aid credit export subsidies
        Definitions....................  PL 98-181 Sec 647.....      1323
        Export-Import Bank program       PL 98-181 Sec 644.....      1320
         establishment.
        Implementation.................  PL 98-181 Sec 646.....      1323
        Negotiating mandate............  PL 98-181 Sec 643.....      1320
        Statement of purpose...........  PL 98-181 Sec 642.....      1319
        Trade and Development Agency     PL 98-181 Sec 645.....      1321
         program establishment.
    Export-Import Bank Act Amendments
     of 1986
      Foreign surplus commodities and    PL 99-472 Sec 22......      1317
       minerals, opposition of
       multilateral assistance for.
                                         PL 99-472 Sec 22......      1724
      Private insurance role, report...  PL 99-472 Sec 16......      1317
      U.S. business transactions in,     PL 99-472.............      1636
       policy toward.
    Export-Import Bank Act of 1945.....  PL 79-173.............      1215
      Aggregate loan, guarantee and      PL 79-173 Sec 6.......      1246
       insurance authority.
      Agricultural commodities export    PL 79-173 Sec 2(b)....      1236
       assistance.
      Angola, prohibition relating to..  PL 79-173 Sec 2(b)....      1238
      Capital stock....................  PL 79-173 Sec 4.......      1245
      Competitive opportunity for        PL 79-173 Sec 2(d)....      1240
       insurance companies.
      Debt reduction...................  PL 79-173 Sec 12......      1260
      Defense articles or services,      PL 79-173 Sec 2(b)....      1233
       sale of.
      Electronic transactions system...  PL 79-173 Sec 2(b)....      1225
      Enterprise for the Americas        PL 79-173 Sec 12......      1260
       Initiative.
      Environmental policy and
       procedures
        Environmental effects            PL 79-173 Sec 11(a)...      1258
         consideration.
        Inclusion in report to Congress  PL 79-173 Sec 11(c)...      1259
        Interpretation.................  PL 79-173 Sec 11(d)...      1260
        Programs to encourage certain    PL 79-173 Sec 11(b)...      1259
         exports.
      Export financing programs          PL 79-173 Sec 13......      1262
       cooperation.
      Fees and premiums................  PL 79-173 Sec 2(c)....      1239
      Financing in the national          PL 79-173 Sec 2(b)....      1227
       interest, Presidential
       determination.
      Fraud or corruption, authority to  PL 79-173 Sec 2(f)....      1242
       deny application for assistance.
      Functions and obligations          PL 79-173 Sec 7.......      1249
       subsequent to September 30, 2006.
      Guarantees, insurance and          PL 79-173 Sec 2(b)....      1218
       extensions of credit.
      Independent agency status........  PL 79-173 Sec 3.......      1243
      Interest rates...................  PL 79-173 Sec 2(b)....      1220
      International commerce promotion.  PL 79-173 Sec 2(b)....      1222
      Limitation on assistance which     PL 79-173 Sec 2(e)....      1241
       adversely affects the United
       States.
      Market windows...................  PL 79-173 Sec 15......      1263
      Marxist-Leninist countries,        PL 79-173 Sec 2(b)....      1225
       prohibition on aid to.
      Medium-term program, enhancement   PL 79-173 Sec 2(a)....      1218
       of.
      Non-nuclear renewable energy       PL 79-173 Sec 2(b)....      1222
       resources activities.
    Export-Import Bank Act of 1945--
     Continued
      Nuclear safeguard violations,      PL 79-173 Sec 2(b)....      1230
       country identification.
      Outstanding obligations limit....  PL 79-173 Sec 5.......      1246
      Participation in operations or     PL 79-173 Sec 9.......      1251
       transactions.
      Poorest, most heavily indebted     PL 79-173 Sec 14......      1262
       countries, special debt relief
       for.
      Prohibition of credit to           PL 79-173 Sec 2(b)....      1232
       countries engaged in armed
       conflict with the United States.
      Purpose of bank..................  PL 79-173 Sec 2(a)....      1216
      Purpose of transaction statement.  PL 79-173 Sec 2(b)....      1228
      Renewable energy sources           PL 79-173 Sec 2(b)....      1225
       promotion.
      Reports..........................  PL 79-173 Sec 2(b)....      1219
                                         PL 79-173 Sec 2(b)....      1235
                                         PL 79-173 Sec 8.......      1249
      Russian transfers of certain       PL 79-173 Sec 2(b)....      1239
       missile systems, prohibition
       relating to.
      Small and rural companies,         PL 79-173 Sec 2(b)....      1225
       program information.
      Small business programs..........  PL 79-173 Sec 2(b)....      1222
      Sub-Saharan Africa commitments...  PL 79-173 Sec 2(b)....      1237
      Tied aid credit program
        Administration of..............  PL 79-173 Sec 10(b)...      1253
        Authorization..................  PL 79-173 Sec 10(e)...      1256
        Consistency with arrangement...  PL 79-173 Sec 10(d)...      1256
        Coordination with other export   PL 79-173 Sec 10(b)...      1253
         financing.
        Countries which engage in        PL 79-173 Sec 10(b)...      1254
         official predatory financing.
        Definitions....................  PL 79-173 Sec 10(h)...      1257
        Establishment of...............  PL 79-173 Sec 10(b)...      1252
        Findings.......................  PL 79-173 Sec 10(a)...      1251
        Fund...........................  PL 79-173 Sec 10(c)...      1256
        Nonreviewability...............  PL 79-173 Sec 10(f)...      1256
        Principles, process, and         PL 79-173 Sec 10(b)...      1254
         standards governing use.
        Reconsideration of decisions...  PL 79-173 Sec 10(b)...      1255
        Report.........................  PL 79-173 Sec 10(g)...      1256
      Transferability of guarantees....  PL 79-173 Sec 2(c)....      1239
    Export-Import Bank and Tied Aid      PL 100-418............      1315
     Credit Amendments of 1988.
      Exports to developing countries,   PL 100-418 Sec 3303...      1316
       report.
      Tied aid credit provisions.......  PL 100-418 Sec 3302...      1315
    Export-Import Bank Reauthorization   PL 107-189............      1265
     Act of 2002.
      Administrative expenses, sense of  PL 107-189 Sec 4......      1265
       Congress.
      Comparative reserve practices of   PL 107-189 Sec 14.....      1267
       export credit agencies and
       private banks, GAO report.
      Human rights impact of projects,   PL 107-189 Sec 20.....      1267
       sense of Congress.
      Technology, report...............  PL 107-189 Sec 8(c)...      1266
      Tied Aid Credit Fund
        Expansion of authority to use..  PL 107-189 Sec 10.....      1266
      Tribute to John E. Robson, sense   PL 107-189 Sec 23.....      1267
       of Congress.
    Export Policy, Advisory Committee.
     See Advisory Committee on Export
     Policy
    Export Trading Company Act of 1982.  PL 97-290.............       809
      Bank Export Services Act
        Guarantees for export accounts   PL 97-290 Sec 206.....       812
         receivable and inventory.
        Investments in export trading    PL 97-290 Sec 205.....       812
         companies, report.
        Purpose of.....................  PL 97-290 Sec 202.....       811
    Export Trading Company Act of 1982--
     Continued
      Certificates of review
        Amendment of...................  PL 97-290 Sec 304.....       815
        Annual reports.................  PL 97-290 Sec 308.....       817
        Application for issuance of....  PL 97-290 Sec 302.....       813
        Definitions....................  PL 97-290 Sec 311.....       818
        Guidelines.....................  PL 97-290 Sec 307.....       817
        Information disclosure.........  PL 97-290 Sec 309.....       817
        Issuance of....................  PL 97-290 Sec 303.....       814
        Judicial review................  PL 97-290 Sec 305.....       816
        Protection conferred by........  PL 97-290 Sec 306.....       816
        Reporting requirement..........  PL 97-290 Sec 304.....       815
        Revocation of..................  PL 97-290 Sec 304.....       815
        Rules and regulations..........  PL 97-290 Sec 310.....       818
        Secretary of Commerce export     PL 97-290 Sec 301.....       813
         trade promotion duties.
      Definitions......................  PL 97-290 Sec 103.....       810
      Findings and purpose.............  PL 97-290 Sec 102.....       809
      Office of Export Trade in          PL 97-290 Sec 104.....       811
       Department of Commerce,
       establishment of.
    Exports. See also specific Act by
     name
      Agricultural, from beneficiary     PL 93-618 Sec 506.....       403
       developing countries.
      Burma, prohibiting transactions..  EO 13310 Sec 2........      1652
      Clean Diamond Trade Act
        Importing and exporting          PL 108-19 Sec 6.......      1677
         authorities.
        Rough diamonds, measures for     PL 108-19 Sec 4.......      1677
         importation and exportation of.
      Commercial service officers and    PL 95-118 Sec 1803....       205
       multilateral development bank
       procurement.
      Continuation of control            EO 13222..............      1440
       regulations.
        Arms Export Control Act          EO 13222 Sec 3........      1441
         authority.
        Authority delegations..........  EO 13222 Sec 1........      1440
                                         EO 13222 Sec 2........      1441
      Countertrade and barter            EO 12661 Sec 2-101....       909
      Defense Production Act Amendments
       of 1992
        Declaration of offset policy...  PL 102-558 Sec 123....      1437
      Developing countries, report.....  PL 100-418 Sec 3303...      1316
      Environmental trade promotion,     PL 102-429 Sec 204....      1278
       report on insurance feasibility.
      Exchange rates and international
       economic policy coordination
        Definitions....................  PL 100-418 Sec 3006...       746
        Findings.......................  PL 100-418 Sec 3002...       743
        International negotiations.....  PL 100-418 Sec 3004...       745
        Reporting requirements.........  PL 100-418 Sec 3005...       745
        Statement of policy............  PL 100-418 Sec 3003...       744
      Filing information...............  13 USC Sec 304........      1720
      Iraq, prohibition on               PL 101-515 Sec 608....      1576
       supercomputer licensing.
      Japan
        Coal to........................  PL 100-418 Sec 1933...       741
        Purchases of U.S.-made           PL 100-418 Sec 1934...       742
         automotive parts.
      License restrictions for           PL 101-513 Sec 586I...      1574
       countries assisting Iraq's
       weapons capability.
      Military-related
        Annual report on impact of       50 USC App Sec 2099...      1435
         offsets.
      Multilateral development bank      PL 95-118 Sec 1801....       204
       procurement.
      Office of Export Trade,            PL 97-290 Sec 104.....       811
       establishment of.
      Penalties for unlawful
       information activities
        Civil penalties................  13 USC Sec 305........      1721
        Criminal penalties.............  13 USC Sec 305(a).....      1721
        Enforcement....................  13 USC Sec 305(d).....      1722
    Exports--Continued
      Penalties for unlawful
       information activities--
       Continued
        Exemption......................  13 USC Sec 305(f).....      1722
        Regulations....................  13 USC Sec 305(e).....      1722
      President's Export Council.......  EO 12131..............      1452
        Administrative provisions......  EO 12131 Sec 1-3......      1453
        Establishment of...............  EO 12131 Sec 1-1......      1452
        Functions......................  EO 12131 Sec 1-2......      1452
        General provisions.............  EO 12131 Sec 1-4......      1453
        Membership.....................  EO 12131 Sec 1-1......      1452
      Price............................  PL 71-361 Sec 772.....       574
      Procurement opportunities for      PL 95-118 Sec 1802....       205
       U.S. firms.
      Relief from unfair trade           PL 93-618 Sec 305(b)..       364
       practices, alternative actions.
      Small businesses.................  PL 100-418 Sec 8011...       774
      Steel, voluntary limitations on    PL 93-618 Sec 607.....       408
       export to the United States.
      Syria, prohibition of certain      EO 13338 Sec 1........      1623
       goods.
      Trade policy, study..............  PL 96-39 Sec 1110.....       865
      Uniform statistical data.........  PL 93-618 Sec 608.....       409
      Wine Equity and Export Expansion
       Act of 1984
        Definitions....................  PL 98-573 Sec 903.....       806
        Designation of major wine        PL 98-573 Sec 904.....       806
         trading countries.
        Findings and purposes..........  PL 98-573 Sec 902.....       805
        Promotion for U.S. wine........  PL 98-573 Sec 907.....       808
        Required consultations.........  PL 98-573 Sec 906.....       808
        Tariff and nontariff barriers    PL 98-573 Sec 905.....       807
         affecting U.S. wine, actions
         to reduce or eliminate.

                                        F

    Fair competition
      International Anti-Bribery and     PL 105-366............      1754
       Fair Competition Act of 1998.
        Enforcement and monitoring.....  PL 105-366 Sec 6......      1756
        International organizations      PL 105-366 Sec 5......      1754
         providing commercial
         communications services,
         treatment.
    Fair Trade in Auto Parts Act of      PL 100-418............      1282
     1988.
      Definition.......................  PL 100-418 Sec 2122...      1282
      Expiration date..................  PL 100-418 Sec 2125...      1284
      Japan............................  PL 100-418 Sec 2123...      1282
                                         PL 100-418 Sec 2124...      1283
    Fair Trade in Automotive Parts Act   PL 105-261............      1271
     of 1998.
      Definitions......................  PL 105-261 Sec 3802...      1271
      Sales to Japan, re-establishment   PL 105-261 Sec 3803...      1271
       of initiative.
      Special Advisory Committee on      PL 105-261 Sec 3804...      1272
       sales in Japanese and other
       Asian markets.
    Farmers
      Trade adjustment assistance
        Definitions....................  PL 93-618 Sec 291.....       349
        Group eligibility..............  PL 93-618 Sec 292.....       350
        International Trade Commission   PL 93-618 Sec 294.....       352
         investigation, Secretary of
         Agriculture study.
        Petitions......................  PL 93-618 Sec 292.....       350
        Secretary of Agriculture         PL 93-618 Sec 293.....       351
         determinations.
    FDA. See Food and Drug
     Administration
    FDIC. See Federal Deposit Insurance
     Corporation
    Federal Deposit Insurance
     Corporation
      Equal representation for.........  PL 98-181 Sec 912.....       233
    Federal Reserve System
      Presidential certification         PL 104-6 Sec 406......       211
       regarding swap of currencies to
       Mexico.
    Federal Triangle Development Act...  PL 100-113............       779
      International cultural and trade
       center
        Annual report..................  PL 100-113 Sec 8(h)...       785
        Budget.........................  PL 100-113 Sec 8(h)...       785
        Establishment of...............  PL 100-113 Sec 8(b)...       783
        Lease of space.................  PL 100-113 Sec 8(a)...       782
        Rents and fees.................  PL 100-113 Sec 8(c)...       784
        Separate account...............  PL 100-113 Sec 8(d)...       784
      International Cultural and Trade
       Center Commission
        Duties of......................  PL 100-113 Sec 7(b)...       779
        Establishment of...............  PL 100-113 Sec 7(a)...       779
        Expenses limitation............  PL 100-113 Sec 7(g)...       782
        Funding........................  PL 100-113 Sec 7(h)...       782
        Membership.....................  PL 100-113 Sec 7(c)...       779
        Office space and supplies......  PL 100-113 Sec 7(e)...       781
        Powers of......................  PL 100-113 Sec 7(f)...       781
        Staff..........................  PL 100-113 Sec 7(d)...       780
    Financial Reports Act of 1988......  PL 100-418............       755
      Bank loan loss reserves..........  PL 100-418 Sec 3604...       756
      Fair trade in financial services.  PL 100-418 Sec 3603...       756
      Foreign treatment of U.S.          PL 100-418 Sec 3602...       755
       financial institutions,
       quadrennial reports.
    Fishery resources
      Conservation of..................  PL 71-361 Sec 323.....       423
      Negotiations regarding Canadian    PL 100-449 Sec 304(e).      1008
       controls.
    Food and Drug Administration
      Sanitary and phytosanitary
       measures
        Equivalence determinations.....  PL 96-39 Sec 492......       862
    Foreign commerce and trade
     statistics
      Collection.......................  13 USC Sec 301........      1717
      Delayed filings..................  13 USC Sec 304........      1720
      Delegation of functions..........  13 USC Sec 306........      1722
      Filing export information........  13 USC Sec 304........      1720
      Penalties for failure to file....  13 USC Sec 304........      1720
      Penalties for unlawful export
       information activities
        Civil penalties................  13 USC Sec 305........      1721
        Criminal penalties.............  13 USC Sec 305(a).....      1721
        Enforcement....................  13 USC Sec 305(d).....      1722
        Exemption......................  13 USC Sec 305(f).....      1722
        Regulations....................  13 USC Sec 305(e).....      1722
      Publication......................  13 USC Sec 301........      1717
      Relationship to general census     13 USC Sec 307........      1723
       law.
      Rules, regulations, and orders...  13 USC Sec 302........      1719
      Secretary of Treasury functions..  13 USC Sec 303........      1720
    Foreign Commercial Service. See
     United States and Foreign
     Commercial Service
    Foreign Corrupt Practices Act
     Amendments of 1988
      International agreement..........  PL 100-418 Sec 5003...      1752
    Foreign Corrupt Practices Act of     PL 95-213.............      1741
     1977.
      Prohibited foreign trade
       practices by domestic concerns
        Affirmative defenses...........  PL 95-213 Sec 104(c)..      1743
        Alternative jurisdiction.......  PL 95-213 Sec 104(i)..      1747
        Attorney General and...........  PL 95-213 Sec 104.....      1744
        Definitions....................  PL 95-213 Sec 104(h)..      1746
    Foreign Corrupt Practices Act of
     1977--Continued
      Prohibited foreign trade
       practices by domestic concerns--
       Continued
        Exception for routine            PL 95-213 Sec 104(b)..      1742
         governmental action.
        Injunctive relief..............  PL 95-213 Sec 104(d)..      1743
        Penalties......................  PL 95-213 Sec 104(g)..      1745
        Prohibition....................  PL 95-213 Sec 104(a)..      1741
      Prohibited foreign trade
       practices by persons other than
       issuers or domestic concerns
        Affirmative defenses...........  PL 95-213 Sec 104A(c).      1749
        Definitions....................  PL 95-213 Sec 104A(f).      1750
        Governmental action exception..  PL 95-213 Sec 104A(b).      1749
        Injunctive relief..............  PL 95-213 Sec 104A(d).      1749
        Penalties......................  PL 95-213 Sec 104A....      1748
                                         PL 95-213 Sec 104A(e).      1750
        Prohibition....................  PL 95-213 Sec 104A(a).      1748
    Foreign Currency Reports...........  31 USC................       236
      Civil penalties..................  31 USC Sec 5321.......       237
      Coins and currency received in     31 USC Sec 5331.......       240
       nonfinancial trade or business,
       reports.
      Injunctions......................  31 USC Sec 5320.......       237
      Reports on foreign currency        31 USC Sec 5315.......       236
       transactions.
    Foreign Debt Reserving Act of 1989.  PL 101-240 Title IV...       129
      Additional reserve requirements..  PL 101-240 Sec 402....       129
      Agreements to reduce debt burden   PL 101-240 Sec 406....       131
       accompanied by trade
       liberalization, sense of
       Congress.
      Capital flight, study on           PL 101-240 Sec 404....       130
       elimination of.
      Debt reduction for highly          PL 101-240 Sec 405....       131
       indebted countries, developing
       U.S. policy.
      Linkage of debt reduction loans    PL 101-240 Sec 407....       132
       to reduction in drug trafficking.
      Mark to market accounting, report  PL 101-240 Sec 403....       129
       requirements.
    Foreign direct investment
      Negotiating authority with         PL 98-573 Sec 307.....       794
       respect to.
    Foreign Direct Investment and        PL 101-533............      1706
     International Financial Data
     Improvements Act of 1990.
      Access to information............  PL 101-533 Sec 8......      1710
      Confidentiality..................  PL 101-533 Sec 8......      1710
      Definitions......................  PL 101-533 Sec 10.....      1712
      Effect of Act....................  PL 101-533 Sec 9(a)...      1712
      Findings.........................  PL 101-533 Sec 2......      1706
      GAO report.......................  PL 101-533 Sec 4......      1709
      Implementation...................  PL 101-533 Sec 9(b)...      1712
      Secretary of Commerce report.....  PL 101-533 Sec 3......      1707
    Foreign investment. See Committee
     on Foreign Investment in the
     United States
    Foreign Investment Study Act of      PL 93-479.............      1691
     1974.
      Appropriations authorization.....  PL 93-479 Sec 11......      1695
      Authorities......................  PL 93-479 Sec 2.......      1691
                                         PL 93-479 Sec 4.......      1691
                                         PL 93-479 Sec 5.......      1691
                                         PL 93-479 Sec 6.......      1692
      Definitions and limitations        PL 93-479 Sec 3.......      1691
       determination.
      Enforcement......................  PL 93-479 Sec 8.......      1694
      Powers...........................  PL 93-479 Sec 7.......      1693
      Report...........................  PL 93-479 Sec 10......      1695
      Services of experts and            PL 93-479 Sec 9.......      1695
       consultants.
    Foreign missions
      Commercial Service officers rank.  PL 100-418 Sec 2301(d)      1291
    Foreign Narcotics Kingpin            PL 106-120............      1489
     Designation Act.
    Foreign Narcotics Kingpin
     Designation Act--Continued
      Authorities......................  PL 106-120 Sec 806....      1494
      Blocking assets..................  PL 106-120 Sec 805....      1493
      Definitions......................  PL 106-120 Sec 808....      1496
      Enforcement......................  PL 106-120 Sec 807....      1495
      Findings and policy..............  PL 106-120 Sec 802....      1489
      Judicial Review Commission on      PL 106-120 Sec 810....      1496
       Foreign Asset Control.
      Prohibiting transactions.........  PL 106-120 Sec 805(c).      1494
      Public identification............  PL 106-120 Sec 804....      1490
      Purpose..........................  PL 106-120 Sec 803....      1490
      Reports..........................  PL 106-120 Sec 804....      1490
    Foreign Operations Appropriations    PL 109-102............       220
     Instructions, FY 2006.
      Anticorruption provisions........  PL 109-102 Sec 599D...       223
      Special debt relief for the        PL 109-102 Sec 565....       222
       poorest.
      Surplus commodities..............  PL 109-102 Sec 514....       221
      United States Executive Directors  PL 109-102 Sec 501....       220
       to international financial
       institutions, compensation for.
      War criminals....................  PL 109-102 Sec 561....       221
    Foreign Service Act of 1980
      International trade functions      EO 12188 Sec 1-104....       905
       authority.
    Foreign Shipping Practices Act of    PL 100-418............       775
     1988.
      Foreign laws and practices
        Actions against foreign          PL 100-418 Sec               776
         carriers.                        10002(e).
                                         PL 100-418 Sec               777
                                          10002(h).
        Actions upon request of the      PL 100-418 Sec               777
         Commission.                      10002(f).
        Authority to conduct             PL 100-418 Sec               775
         investigations.                  10002(b).
        Definitions....................  PL 100-418 Sec               775
                                          10002(a).
        Information requests...........  PL 100-418 Sec               776
                                          10002(d).
        Investigations.................  PL 100-418 Sec               775
                                          10002(c).
        Report.........................  PL 100-418 Sec               777
                                          10002(g).
        Review of actions..............  PL 100-418 Sec               777
                                          10002(i).
    Foreign surplus commodities and
     minerals
      Opposition of multilateral         PL 99-472 Sec 22......      1724
       assistance for.
    Foreign tax credit
      Denial of to certain countries...  PL 99-514 Sec 901.....      1478
    Free trade agreements. See United
     States free trade agreements by
     individual country
    Free trade area countries
      Binational panel review of         PL 71-361 Sec 516A(g).       460
       countervailing duty and
       antidumping duty proceedings.
    FREEDOM Support Act of 1992........  PL 102-511............       212
      Independent states of the former
       Soviet Union
        Debt held by commercial          PL 102-511 Sec 1007...       213
         financial institutions, report.
        Multilateral investment          PL 102-511 Sec 1009...       213
         guarantees for.
        Support for macroeconomic        PL 102-511 Sec 1004...       212
         stabilization in.
    Funding for mines
      Opposition to funding of copper    PL 99-88 Sec 501......       214
       commodity production.
      U.S. policies....................  PL 99-88 Sec 502......       214
                                        G

    GAO. See Government Accountability
     Office
    GATT. See General Agreement on
     Tariffs and Trade
    General Accounting Office. See
     Government Accountability Office
    General Agreement on Tariffs and
     Trade
      Accession of state trading         PL 100-418 Sec 1106...       705
       regimes.
      Appropriations authorization.....  PL 93-618 Sec 121.....       267
      Coverage expansion...............  PL 96-39 Sec 304......       834
      Improvement of trade negotiation   PL 100-418 Sec 1101(b)       691
       agreements.
      Limitations on imposing sanctions  PL 96-39 Sec 305(h)...       842
      Monitoring and enforcement.......  PL 96-39 Sec 305......       835
      Operation of, Presidential report  PL 96-39 Sec 203......       829
      Renegotiation to secure full and   PL 96-39 Sec 305(i)...       842
       open competition.
      Rules of origin..................  PL 96-39 Sec 305(b)...       836
      State trading regimes, accession   EO 12661 Sec 1-101....       908
       of.
      Violations of....................  PL 96-39 Sec 305(f)...       839
      Working party on worker rights...  PL 103-465 Sec 131....       674
    Generalized System of Preferences
      Harmonized Tariff Schedule         Gen. note 3...........       879
                                         Gen. note 4...........       884
      Harmonized Tariff Schedule         PL 100-418 Sec 1211(b)       718
       transition.
      Prompt provision of treatment to   PL 102-182 Sec 104....      1197
       products of Estonia, Latvia, and
       Lithuania, sense of Congress.
      Trade Agreements Program           EO 11846 Sec 8........       902
       administration.
    Genocide
      U.S. disassociation from foreign   PL 95-435 Sec 5.......        39
       governments engaging in, sense
       of Congress.
    Georgia
      Normal trade relations
        Findings.......................  PL 106-476 Sec 3001...      1174
        Termination of application of    PL 106-476 Sec 3002...      1175
         Title IV of the Trade Act of
         1974.
      Trade Act of 1974 waiver.........  EO 12809..............      1203
    German Democratic Republic
      Trade Act of 1974 waiver.........  EO 12726..............      1210
    Global Environmental Protection
     Assistance Act of 1989
      Negotiations policy..............  PL 101-240 Sec 722....       137
      U.S. policy, sense of Congress...  PL 101-240 Sec 721....       137
    Global Tobacco Control and           EO 13193..............       928
     Prevention.
      General provisions...............  EO 13193 Sec 3........       929
      Policy...........................  EO 13193 Sec 1........       928
      Responsibilities of Federal        EO 13193 Sec 2........       928
       departments and agencies.
    Gold Reserve Act of 1934
      Subscriptions payment............  PL 79-171 Sec 7.......         8
    Gonzalez amendment.................  PL 86-565 Sec 12......        44
                                         PL 89-369 Sec 18......        87
    Good Neighbor Environmental Board
      Establishment authority..........  EO 12916 Sec 10.......      1067
    Government Accountability Office
      Audit authority..................  PL 98-181 Sec 911.....       231
      Clean Diamond Trade Act, report..  PL 108-19 Sec 13......      1680
      Comparative reserve practices of   PL 107-189 Sec 14.....      1267
       export credit agencies and
       private banks, report.
      Export controls on high            PL 105-85 Sec 1214....      1429
       performance computers.
      Foreign direct investment report.  PL 101-533 Sec 4......      1709
      Trade adjustment assistance,       PL 93-618 Sec 280.....       342
       report.
    Government procurement
      Actions, report on...............  PL 96-39 Sec 305(k)...       842
      Civil aircraft, waiver of          PL 96-39 Sec 303......       834
       discriminatory purchasing
       requirements.
      Consultation.....................  PL 96-39 Sec 305(e)...       839
      Definitions......................  PL 96-39 Sec 308......       843
      Discrimination procedures........  PL 96-39 Sec 305(g)...       841
      Discrimination purchasing          PL 96-39 Sec 301......       830
       requirements, general authority
       to modify.
      European Community,
       implementation of agreement with
        Buy American Act provisions....  EO 12849 Sec 1........      1075
        Order application..............  EO 12849 Sec 3........      1075
                                         EO 12849 Sec 4........      1075
        Rule of origin.................  EO 12849 Sec 2........      1075
        United States Trade              EO 12849 Sec 5........      1075
         Representative
         responsibilities.
      Expansion of the coverage of the   PL 96-39 Sec 304......       834
       General Agreement on Tariffs and
       Trade.
      Federal Register notices of        PL 96-39 Sec 305(j)...       842
       actions.
      Foreign discrimination, annual     PL 96-39 Sec 305(d)...       836
       report.
      Information to Congressional       PL 96-39 Sec 307......       843
       advisers, availability of.
      Monitoring and enforcement.......  PL 96-39 Sec 305......       835
      Reciprocal competitive             PL 96-39 Sec 302......       831
       procurement practices, authority
       to encourage.
      Report to Congress...............  PL 96-39 Sec 305(c)...       836
      Rules of origin..................  PL 96-39 Sec 305(b)...       836
      Sanctions, limitations on          PL 96-39 Sec 305(h)...       842
       imposing.
      Violations of the General          PL 96-39 Sec 305(f)...       839
       Agreement on Tariffs and Trade.
    Grassroots Collaboration Program
      Proposal for establishment.......  PL 95-118 Sec 1602(a).       176
      Report...........................  PL 95-118 Sec 1602(e).       177
      Sense of Congress................  PL 95-118 Sec 1602(b).       177
                                         PL 95-118 Sec 1602(c).       177
    Greenhouse gases
      Intensity reducing technology      PL 101-240 Sec 735....       140
       export initiative.
      Reduction of intensity...........  PL 101-240 Sec 732....       138
      Trade-related barriers to export   PL 101-240 Sec 734....       140
       of intensity reducing
       technologies.
    Grenada. See Caribbean Basin
     Economic Recovery Act
    GSP. See Generalized System of
     Preferences
    Guatemala. See Caribbean Basin
     Economic Recovery Act
    Gum arabic
      From Sudan.......................  PL 106-476 Sec 1464...      1666
    Guyana. See Caribbean Basin
     Economic Recovery Act

                                        H

    Haiti. See Caribbean Basin Economic
     Recovery Act
    Harmonized Commodity Description
     and Coding System
      Commission review and              PL 100-418 Sec 1205...       714
       recommendations.
      Congressional approval of U.S.     PL 100-418 Sec 1203...       712
       accession to the Convention.
      Coordination of trade policy and   PL 100-418 Sec 1209...       716
       the Convention.
      Customs Cooperation Council        PL 100-418 Sec 1210...       716
       regarding the Convention, U.S.
       participation.
    Harmonized Commodity Description
     and Coding System--Continued
      Definitions......................  PL 100-418 Sec 1202...       711
      Harmonized Tariff Schedule
        Commission report on operation   PL 100-418 Sec 1216...       720
         of.
        Enactment of...................  PL 100-418 Sec 1204...       712
        Existing executive actions.....  PL 100-418 Sec 1211(a)       717
        GSP conversion.................  PL 100-418 Sec 1211(b)       718
        Import restrictions under the    PL 100-418 Sec 1211(c)       718
         Agricultural Adjustment Act.
        Protests and petitions under     PL 100-418 Sec 1211(d)       718
         customs law.
        Publication of.................  PL 100-418 Sec 1207...       715
        Reference to...................  PL 100-418 Sec 1212...       720
      Import and export statistics.....  PL 100-418 Sec 1208...       716
      Presidential action on Commission  PL 100-418 Sec 1206...       715
       recommendations.
      Purposes.........................  PL 100-418 Sec 1201...       711
    Harmonized Tariff Schedule
      Beneficiary developing countries,
       products of
        African Growth and Opportunity   Gen. note 16..........       889
         Act.
        Andean Trade Preference Act....  Gen. note 11..........       889
        Caribbean Basin Economic         Gen. note 7...........       888
         Recovery Act.
        Generalized System of            Gen. note 4...........       884
         Preferences.
        United States-Caribbean Basin    Gen. note 17..........       890
         Trade Partnership Act of 2000.
      Commission report on operation of  PL 100-418 Sec 1216...       720
      Enactment of.....................  PL 100-418 Sec 1204...       712
      Existing executive actions.......  PL 100-418 Sec 1211(a)       717
      Freely associated states,          Gen. note 10..........       889
       products of.
                                         PL 93-618 Sec 604.....       408
      Publication of...................  PL 100-418 Sec 1207...       715
      Rates of duty....................  Gen. note 3...........       879
      Reference to.....................  PL 100-418 Sec 1212...       720
      Transition
        GSP conversion.................  PL 100-418 Sec 1211(b)       718
        Import restrictions under the    PL 100-418 Sec 1211(c)       718
         Agricultural Adjustment Act.
        Protests and petitions under     PL 100-418 Sec 1211(d)       718
         customs law.
      United States-Australia Free       Gen. note 28..........       892
       Trade Agreement Implementation
       Act.
      United States-Chile Free Trade     Gen. note 26..........       891
       Agreement.
      United States-Israel Free Trade    Gen. note 8...........       888
       Implementation Act of 1985.
      United States-Jordan Free Trade    Gen. note 18..........       891
       Area Implementation Act.
      United States-Morocco Free Trade   Gen. note 27..........       891
       Agreement Implementation Act.
      United States-Singapore Free       Gen. note 25..........       891
       Trade Agreement.
    Health and Human Services
     Department
      Tobacco control and prevention,    EO 13193 Sec 2........       928
       global responsibilities.
    Heavily indebted poor countries
      Debt relief......................  PL 106-429 Sec 801....       216
      Enhanced HIPC Initiative,          PL 95-118 Sec 1625....       196
       modification of.
      Improvement of...................  PL 95-118 Sec 1623....       193
      Limited purpose Special Drawing    PL 100-418 Sec 3123...       752
       Rights for.
    HHS. See Health and Human Services
     Department
    High technology products. See
     Technology
    HIPC. See Heavily indebted poor
     countries
    HIV/AIDS
      Enhanced HIPC Initiative,          PL 95-118 Sec 1625....       196
       modification of.
      Sub-Sahara Africa, effect on       PL 106-200 Sec 105(e).      1081
       workforce.
    HIV/AIDS pharmaceuticals...........  EO 13155..............       925
      Policy...........................  EO 13155 Sec 1........       925
      Rationale........................  EO 13155 Sec 2........       925
      Scope............................  EO 13155 Sec 3........       926
    Hogs
      Imports from Canada..............  PL 98-573 Sec 250.....       789
    Honduras. See Caribbean Basin
     Economic Recovery Act
    Honey
      Imports study....................  PL 98-573 Sec 246.....       788
    Hong Kong Policy Act of 1992.......  PL 102-383............      1160
      Bilateral ties with the United     PL 102-383 Sec 101....      1161
       States, sense of Congress.
      Commerce with the United States,   PL 102-383 Sec 103....      1162
       sense of Congress.
      Consultation with Congress.......  PL 102-383 Sec 204....      1166
      Continued application of U.S. law  PL 102-383 Sec 201....      1165
      Cultural and educational           PL 102-383 Sec 105....      1164
       exchanges, sense of Congress.
      Definitions......................  PL 102-383 Sec 3......      1161
      Findings and declarations........  PL 102-383 Sec 2......      1160
      Participation in multilateral      PL 102-383 Sec 102....      1162
       organizations, rights under
       international agreements, and
       trade status.
      Presidential order...............  PL 102-383 Sec 202....      1165
      Reports
        Requirements...................  PL 102-383 Sec 301....      1166
        Separate part of country         PL 102-383 Sec 302....      1167
         reports.
      Rules and regulations............  PL 102-383 Sec 203....      1166
      Transportation, sense of Congress  PL 102-383 Sec 104....      1164
    HTS. See Harmonized Tariff Schedule
    Human rights. See also individual
     country
      Export-Import Bank project         PL 107-189 Sec 20.....      1267
       impact, sense of Congress.
      International financial
       institutions policies
        Development of standard for      PL 95-118 Sec 703.....       155
         protection of rights.
        Salaries and benefits of         PL 95-118 Sec 704.....       155
         employees.
        Standards to be considered in    PL 95-118 Sec 705.....       156
         connection with applications
         for assistance.
        U.S. policies..................  PL 95-118 Sec 701.....       152
    Human welfare
      International financial
       institutions
        Debt-for-development swap......  PL 95-118 Sec 1608....       181
                                         PL 95-118 Sec 1610....       183
        Enhanced HIPC Initiative,        PL 95-118 Sec 1625....       196
         modification of.
        Enhanced Structural Adjustment   PL 95-118 Sec 1624....       194
         Facility, reform of.
        Equal employment opportunities.  PL 95-118 Sec 1619....       191
        Fair labor practices,            PL 95-118 Sec 1621....       191
         encouragement of.
        Government-owned enterprises in  PL 95-118 Sec 1612....       185
         countries receiving IADB
         loans, directives regarding.
        Government-owned enterprises in  PL 95-118 Sec 1607....       181
         countries receiving World Bank
         loans, directives regarding.
    Human welfare--Continued
      International financial
       institutions--Continued
        Grassroots Collaboration         PL 95-118 Sec 1602....       176
         Program, proposal for
         establishment.
        Guidelines.....................  PL 95-118 Sec 1601....       175
        Heavily Indebted Poor Countries  PL 95-118 Sec 1623....       193
         Initiative, improvement of.
        Illicit narcotics, loan          PL 95-118 Sec 1606....       180
         programs to reduce economic
         dependence on.
        Impact of multilateral           PL 95-118 Sec 1605....       179
         development bank activities on
         indigenous people.
        Increasing access of World Bank  PL 95-118 Sec 1603(a).       178
         activities to the poor.
        Increasing productive economic   PL 95-118 Sec 1613....       185
         participation of the poor,
         reports.
        Interaction between the          PL 95-118 Sec 1617....       190
         International Bank for
         Reconstruction and Development
         and nongovernmental
         organizations.
        Involvement of women in          PL 95-118 Sec 1604....       178
         multilateral development bank
         activities.
        Microenterprise credit           PL 95-118 Sec 1603(c).       178
         promotion activities, report.
        Multilateral development bank    PL 95-118 Sec 1622....       192
         definition.
        Population, health and           PL 95-118 Sec 1618....       191
         nutrition programs.
        Program for the Financing of     PL 95-118 Sec 1603(b).       178
         Small Projects.
        Respect for indigenous peoples.  PL 95-118 Sec 1620....       191
        Sub-Saharan Africa, initiation   PL 95-118 Sec 1609....       182
         of discussions to facilitate
         financing of programs.
        Terrorist states, opposition to  PL 95-118 Sec 1621....       192
         assistance to.
        Well-being of the poor,          PL 95-118 Sec 1611....       184
         assistance to countries to
         develop statistical assessment
         of.
      Pending multilateral development   PL 95-118 Sec 1703....       201
       bank loans, effect of.
      Special debt relief for the        PL 109-102 Sec 565....       222
       poorest.
    Humanitarian relief
      Cuba, condemnation of attack on    PL 104-114 Sec 116....      1532
       American aircraft.
    Hungary
      Most-favored-nation treatment
        Findings.......................  PL 102-182 Sec 1(a)...      1194
        Preparatory Presidential action  PL 102-182 Sec 1(b)...      1194
        Termination of application of    PL 102-182 Sec 2......      1195
         Title IV of the Trade Act of
         1974.
        Trade Act of 1974 waiver.......  EO 12051..............      1213

                                        I

    IADB. See Inter-American
     Development Bank
    IBIAs. See Integrated Border
     Inspection Areas
    IBRD. See International Bank for
     Reconstruction and Development
    IDA. See International Development
     Association
    IEEPA. See International Emergency
     Economic Powers Act
    IFI. See International financial
     institutions
    IMF. See International Monetary
     Fund; International Monetary Fund/
     World Bank Group
    Immigration
      Trade relations with certain
       countries
        Freedom to emigrate............  PL 93-618 Sec 402.....       371
                                         PL 93-618 Sec 409.....       382
    Imports. See also individual
     country; National Emergencies Act
      Burma
        Ban against trade supporting     PL 108-61 Sec 3.......      1641
         military regime.
        Prohibiting transactions.......  EO 13310 Sec 3........      1653
      Canada
        Hogs and pork products.........  PL 98-573 Sec 250.....       789
        Relief from articles...........  PL 100-449 Sec 302....      1002
      Certification methods study......  PL 100-418 Sec 1429...       737
      Clean Diamond Trade Act..........  PL 108-19.............      1674
        Definitions....................  PL 108-19 Sec 3.......      1675
        Enforcement....................  PL 108-19 Sec 8.......      1678
        Findings.......................  PL 108-19 Sec 2.......      1674
        GAO report.....................  PL 108-19 Sec 13......      1680
        Implementation.................  EO 13312..............      1681
        Importing and exporting          PL 108-19 Sec 6.......      1677
         authorities.
        Kimberley Process                PL 108-19 Sec 11......      1679
         Implementation Coordinating
         Committee.
        Regulatory authority...........  PL 108-19 Sec 5.......      1677
        Reports........................  PL 108-19 Sec 12......      1679
        Rough diamonds, measures for     PL 108-19 Sec 4.......      1677
         importation and exportation of.
        Sense of Congress..............  PL 108-19 Sec 10......      1678
        Statement of policy............  PL 108-19 Sec 7.......      1678
        Technical assistance...........  PL 108-19 Sec 9.......      1678
      Copper...........................  PL 98-573 Sec 247.....       788
      Cuba
        Enforcement of restrictions....  PL 100-418 Sec 1911...       741
        Prohibition on.................  PL 106-387 Sec 909....      1487
        Safeguard against certain        PL 104-114 Sec 110....      1528
         products.
      Discrimination by foreign
       countries
        Additional duties..............  PL 71-361 Sec 338(a)..       445
        Application of proclamation....  PL 71-361 Sec 338(c)..       446
        Ascertainment of                 PL 71-361 Sec 338(g)..       447
         discriminations.
        Definitions....................  PL 71-361 Sec 338(i)..       447
        Duties to offset benefits to     PL 71-361 Sec 338(e)..       446
         third country.
        Duties to offset commercial      PL 71-361 Sec 338(d)..       446
         disadvantages.
        Exclusion from importation.....  PL 71-361 Sec 338(b)..       446
        Forfeiture of articles.........  PL 71-361 Sec 338(f)..       447
        Rules and regulations of         PL 71-361 Sec 338(h)..       447
         Secretary of Treasury.
      Eligible articles designation....  PL 93-618 Sec 503(b)..       398
      Gum arabic from the Sudan........  PL 106-476 Sec 1464...      1666
      Honey, study on..................  PL 98-573 Sec 246.....       788
      Import license auction...........  PL 96-39 Sec 1102.....       864
      Imposition of small uniform fee..  PL 100-418 Sec 1428...       736
      Industries injured by competition
        Action by President............  PL 93-618 Sec 203.....       326
        Action with regard to other      PL 93-618 Sec 204(e)..       334
         provisions.
        Agreements.....................  PL 93-618 Sec 203(f)..       332
        Commission recommendations.....  PL 93-618 Sec 202(e)..       323
        Commission report..............  PL 93-618 Sec 202(f)..       324
    Imports--Continued
      Industries injured by
       competition--Continued
        Evaluation of effectiveness of   PL 93-618 Sec 204(d)..       334
         action.
        Expedited consideration of       PL 93-618 Sec 202(g)..       325
         adjustment assistance
         petitions.
        Extension of action............  PL 93-618 Sec 204(c)..       334
        Implementation of action         PL 93-618 Sec 203(c)..       329
         recommended by Commission.
        Investigations and               PL 93-618 Sec 202(b)..       317
         determinations by Commission.
                                         PL 93-618 Sec 202(c)..       318
        Limitations on actions.........  PL 93-618 Sec 203(e)..       330
        Limitations on investigations..  PL 93-618 Sec 202(h)..       326
        Limited disclosure of            PL 93-618 Sec 202(i)..       326
         confidential business
         information under protective
         order.
        Monitoring of action...........  PL 93-618 Sec 204(a)..       333
        Petitions and adjustment plans.  PL 93-618 Sec 202(a)..       315
        Positive adjustment to import    PL 93-618 Sec 201.....       314
         competition, action to
         facilitate.
        Provisional relief.............  PL 93-618 Sec 202(d)..       320
        Reduction, modification, and     PL 93-618 Sec 204(b)..       333
         termination of action.
        Regulations....................  PL 93-618 Sec 203(g)..       332
        Time for taking effect of        PL 93-618 Sec 203(d)..       329
         certain relief.
      International Coffee Agreement
       Act of 1980
        Presidential powers and duties.  PL 96-599 Sec 2.......      1734
      Iraqi cultural antiquities,        PL 108-429 Sec 3002...       613
       emergency protection of.
      Lamb meat........................  PL 100-418 Sec 1937...       743
      Machine tool import arrangements   PL 100-418 Sec 1501...       738
       enforcement.
      Prohibited
        Convict-made goods.............  PL 71-361 Sec 307.....       418
        Dog and cat fur products.......  PL 71-361 Sec 308.....       419
      Sanctions for export violations..  PL 87-794 Sec 233.....       870
      Steel
        United States Trade              EO 12661 Sec 1-301....       908
         Representative functions.
      Steel imports into the United
       States
        Findings.......................  PL 105-277 Sec 111(a).       665
        Sense of Congress..............  PL 105-277 Sec 111(b).       666
      Trade barriers established by      PL 100-418 Sec 1936...       743
       auto producing countries and
       impact on U.S. market.
      Unfair practices in trade........  PL 71-361 Sec 337.....       435
        Cease and desist orders........  PL 71-361 Sec 337(f)..       441
        Complaints.....................  PL 71-361 Sec 337(g)..       441
        Confidential information.......  PL 71-361 Sec 337(n)..       445
        Definition of United States....  PL 71-361 Sec 337(m)..       444
        Determinations.................  PL 71-361 Sec 337(c)..       438
        Exclusion of articles from       PL 71-361 Sec 337.....       439
         entry.
        Forfeiture.....................  PL 71-361 Sec 337(i)..       442
        Importation by or for the        PL 71-361 Sec 337(l)..       444
         United States.
        Investigations of violations by  PL 71-361 Sec 337(b)..       436
         Commission.
        Period of effectiveness........  PL 71-361 Sec 337(k)..       444
        Referrals to the President.....  PL 71-361 Sec 337(j)..       443
        Review.........................  PL 71-361 Sec 337(c)..       438
        Sanctions......................  PL 71-361 Sec 337(h)..       442
      Uniform fee......................  EO 12661 Sec 1-501....       908
      Uniform statistical data.........  PL 93-618 Sec 608.....       409
    Imports--Continued
      Wool articles
        Refund of duties...............  PL 106-200 Sec 505....       656
        Wool Research, Development, and  PL 106-200 Sec 506....       657
         Promotion Trust Fund.
      Yugoslavia
        Prohibiting transactions.......  PL 104-208 Sec 533....      1656
    Indentured child labor prohibition.  EO 13126..............       920
    Independent states of the former
     Soviet Union
      Cuban government, assistance to..  PL 104-114 Sec 106....      1525
      Debt held by commercial financial  PL 102-511 Sec 1007...       213
       institutions, report.
      Export-Import Bank trade finance,  PL 102-429 Sec 120....      1277
       report.
      International Finance Corporation  PL 84-350 Sec 15......        55
       support for economic
       restructuring.
      Multilateral investment            PL 102-511 Sec 1009...       213
       guarantees for.
      Support for macroeconomic          PL 102-511 Sec 1004...       212
       stabilization in.
    Indian tribes
      Export promotion.................  PL 100-418 Sec 2307...      1296
    Industries
      Trade adjustment assistance
        Action where there is            PL 93-618 Sec 264.....       341
         affirmative finding.
        International Trade Commission   PL 93-618 Sec 264.....       341
         investigation, study by
         Secretary of Commerce.
        Petitions and determinations...  PL 93-618 Sec 251.....       340
        Technical assistance...........  PL 93-618 Sec 265.....       342
    Integrated Border Inspection Areas
      Creation of......................  PL 108-429 Sec 1560(b)       611
    Intellectual property rights
      Identification of countries        PL 93-618 Sec 182.....       310
       denying adequate protection or
       market access for.
      Identification of countries        PL 100-418 Sec 1303...       720
       denying protection of.
      Principal trade negotiating        PL 100-418 Sec 1101(b)       694
       objectives.
      Protection of
        Findings and purposes..........  PL 100-418 Sec 1341...       725
        Sense of Congress..............  PL 100-418 Sec 2206...      1288
      Protection under Tariff Act of     PL 100-418 Sec 1342...       725
       1930.
      Trade negotiating objectives.....  PL 107-210 Sec 2102...       620
      United States-Canada Free-Trade    PL 100-449 Sec 304(b).      1006
       Agreement Implementation Act
       negotiating objectives.
    Inter-American Development Bank.
     See also Foreign Operations
     Appropriations Instructions, FY
     2006; Funding for mines; Inter-
     American Development Bank Act;
     International debt forgiveness and
     international financial
     institutions reform; International
     Financial Institutions Act
      Government-owned enterprises in    PL 95-118 Sec 1612....       185
       countries receiving loans,
       directives regarding.
      Increased U.S. participation, use
       of renewable resources for
       energy production
        Findings.......................  PL 96-259 Sec 601.....       148
        U.S. policies..................  PL 96-259 Sec 602.....       149
      Reducing dependence on illicit     PL 101-240 Sec 103....       128
       narcotics through loans, sense
       of Congress.
      Value of holdings maintained in    PL 92-268 Sec 3.......       242
       terms of gold.
    Inter-American Development Bank Act  PL 86-147.............        61
      Audit............................  PL 86-147 Sec 14......        65
    Inter-American Development Bank
     Act--Continued
      Authorization requirements.......  PL 86-147 Sec 5.......        62
      Capital stock increases..........  PL 86-147 Sec 13......        65
      Depositories.....................  PL 86-147 Sec 6.......        62
      Fund for Special Operations of
       the Bank
        Admission of nonregional         PL 86-147 Sec 23......        69
         countries.
        Bahamas and Guyana, membership   PL 86-147 Sec 24......        69
         for.
        Capital stock increase.........  PL 86-147 Sec 17......        67
                                         PL 86-147 Sec 18......        67
                                         PL 86-147 Sec 26......        69
                                         PL 86-147 Sec 27......        70
                                         PL 86-147 Sec 29......        71
                                         PL 86-147 Sec 31......        72
                                         PL 86-147 Sec 33......        73
        Caribbean Development Bank       PL 86-147 Sec 25......        69
         lending.
        Caribbean region, increase in    PL 86-147 Sec 36......        77
         lending to.
        Executive Directors, election    PL 86-147 Sec 20......        68
         of.
        Human capital investment.......  PL 86-147 Sec 34......        76
        Increase in resources..........  PL 86-147 Sec 15......        66
                                         PL 86-147 Sec 16......        66
                                         PL 86-147 Sec 18......        67
                                         PL 86-147 Sec 26......        69
                                         PL 86-147 Sec 29......        71
                                         PL 86-147 Sec 31......        72
                                         PL 86-147 Sec 33......        73
        Inter-regional capital stock     PL 86-147 Sec 23......        69
         creation.
        Latin America and the            PL 86-147 Sec 38......        78
         Caribbean, focus on low-income
         areas.
        Light-capital or intermediate    PL 86-147 Sec 28......        70
         technologies development and
         utilization.
        Membership provisions..........  PL 86-147 Sec 20......        68
        Merger of inter-regional and     PL 86-147 Sec 32......        73
         ordinary capital resources.
        Multilateral Investment Fund     PL 86-147 Sec 37......        77
         contributions.
        Policy based lending             PL 86-147 Sec 35......        76
         limitations.
        U.S. annual installments.......  PL 86-147 Sec 19......        67
        U.S. contribution..............  PL 86-147 Sec 230.....        72
      Governor, alternate Governor, and  PL 86-147 Sec 3.......        61
       Executive Director.
      Illegal drug activity, and.......  PL 86-147 Sec 22......        68
      Jurisdiction and venue of actions  PL 86-147 Sec 8.......        63
      Membership acceptance............  PL 86-147 Sec 2.......        61
      National Advisory Council on       PL 86-147 Sec 4.......        62
       International Monetary and
       Financial Problems.
      Nullifying contracts or seizing    PL 86-147 Sec 21......        68
       property of U.S. citizens, and.
      Securities issued as exempt,       PL 86-147 Sec 11......        64
       filing report with Securities
       and Exchange Commission.
      Securities issued as investment    PL 86-147 Sec 10......        64
       securities for national banks.
      Status, immunities, and            PL 86-147 Sec 9.......        64
       privileges.
      Subscription payment.............  PL 86-147 Sec 7.......        63
    Inter-American Investment
     Corporation. See Inter-American
     Investment Corporation Act;
     International debt forgiveness and
     international financial
     institutions reform; International
     Financial Institutions Act
    Inter-American Investment            PL 98-473.............        79
     Corporation Act.
      Agreement effectiveness..........  PL 98-473 Sec 209.....        81
    Inter-American Investment
     Corporation Act--Continued
      Bretton Woods Agreements Act       PL 98-473 Sec 204.....        79
       applicability.
      Federal Reserve banks as           PL 98-473 Sec 206.....        80
       depositories.
      Governor, Executive Director and   PL 98-473 Sec 203.....        79
       alternates.
      Jurisdiction of U.S. courts......  PL 98-473 Sec 208.....        81
      Membership acceptance............  PL 98-473 Sec 202.....        79
      Restrictions.....................  PL 98-473 Sec 205.....        80
      Securities issued as exempted,     PL 98-473 Sec 210.....        81
       filing report with Securities
       and Exchange Commission.
      Stock subscription...............  PL 98-473 Sec 207.....        80
    Interagency Group on Countertrade
      Establishment of.................  EO 12661 Sec 2-101....       909
    Interagency Task Force on the        EO 13122..............      1068
     Economic Development of the
     Southwest Border.
    Interagency Trade Data Advisory
     Committee
      Chairman.........................  PL 100-418 Sec 5402(c)       766
      Designees........................  PL 100-418 Sec 5402(d)       766
      Establishment of.................  PL 100-418 Sec 5402(a)       766
      Functions of.....................  PL 100-418 Sec 5403...       766
      Membership.......................  PL 100-418 Sec 5402(b)       766
    International Anti-Bribery and Fair  PL 105-366............      1754
     Competition Act of 1998.
      Enforcement and monitoring.......  PL 105-366 Sec 6......      1756
      International organizations        PL 105-366 Sec 5......      1754
       providing commercial
       communications services,
       treatment of.
    International Bank for
     Reconstruction and Development.
     See also Foreign Operations
     Appropriations Funding for mines;
     Instructions, FY 2006;
     International debt forgiveness and
     international financial
     institutions reform; International
     Financial Institutions Act
      Anticorruption provisions........  PL 109-102 Sec 599D...       223
      Capital stock increase...........  PL 100-461............       144
        Debt reduction for borrower      PL 100-461 Sec 5......       146
         countries, partial guarantees
         in connection with.
        Improving access of small        PL 100-461 Sec 12.....       147
         businesses to World Bank
         procurement, sense of Congress.
        Policy based lending for debt    PL 100-461 Sec 3......       144
         reduction.
        World Bank policy based lending  PL 100-461 Sec 4......       146
         limitations.
      Illegal drug activity, and.......  PL 86-565 Sec 13......        44
      Improvement of interaction with    PL 95-118 Sec 1617....       190
       nongovernmental organizations.
      International Finance Corporation  PL 84-350 Sec 10......        53
       lending to or borrowing from,
       removing prohibition against.
      Loan requests from Poland, sense   PL 101-240 Sec 601....       135
       of Congress.
      Nullifying contracts or seizing    PL 86-565 Sec 12......        44
       property of U.S. citizens, and.
      Population, health and nutrition   PL 95-118 Sec 1618....       191
       programs.
      Respect for indigenous peoples...  PL 95-118 Sec 1620....       191
      Transmission to Congress of        PL 95-118 Sec 1702....       201
       operating summaries.
      Value of holdings maintained in    PL 92-268 Sec 3.......       242
       terms of gold.
    International broadcasting
     operations. See Broadcasting,
     international
    International Coffee Agreement Act   PL 96-599.............      1734
     of 1980.
      Definition.......................  PL 96-599 Sec 3.......      1735
      Extension of.....................  PL 100-418 Sec 1123...       710
      Presidential powers and duties     PL 96-599 Sec 2.......      1734
       and.
                                         PL 96-599 Sec 4.......      1735
      Protection of interests of U.S.    PL 96-599 Sec 4.......      1735
       consumers.
      Remedial action..................  PL 96-599 Sec 4.......      1735
      Report...........................  PL 96-599 Sec 5.......      1735
    International Convention on the
     Harmonized Commodity Description
     and Coding System
      Commission report on operation of  PL 100-418 Sec 1216...       720
       Harmonized Tariff Schedule.
      Commission review and              PL 100-418 Sec 1205...       714
       recommendations.
      Congressional approval of U.S.     PL 100-418 Sec 1203...       712
       accession to the Convention.
      Coordination of trade policy and   PL 100-418 Sec 1209...       716
       the Convention.
      Customs Cooperation Council        PL 100-418 Sec 1210...       716
       regarding the Convention, U.S.
       participation.
      Definitions......................  PL 100-418 Sec 1202...       711
      Harmonized Tariff Schedule
        Enactment......................  PL 100-418 Sec 1204...       712
        Existing executive actions.....  PL 100-418 Sec 1211(a)       717
        Generalized System of            PL 100-418 Sec 1211(b)       718
         Preferences.
        Import restrictions............  PL 100-418 Sec 1211(c)       718
        Protests and petitions.........  PL 100-418 Sec 1211(d)       718
        Publication....................  PL 100-418 Sec 1207...       715
        Reference......................  PL 100-418 Sec 1212...       720
      Import and export statistics.....  PL 100-418 Sec 1208...       716
      Presidential action on Commission  PL 100-418 Sec 1206...       715
       recommendations.
      Purposes.........................  PL 100-418 Sec 1201...       711
    International Criminal Tribunal
      International financial            PL 109-102 Sec 561....       221
       institutions funds prohibition
       to countries failing to meet
       legal obligations.
    International Cultural and Trade
     Center Commission
      Duties of........................  PL 100-113 Sec 7(b)...       779
      Establishment of.................  PL 100-113 Sec 7(a)...       779
      Expenses limitation..............  PL 100-113 Sec 7(g)...       782
      Funding..........................  PL 100-113 Sec 7(h)...       782
      International Cultural and Trade
       Center
        Annual report..................  PL 100-113 Sec 8(h)...       785
        Budget.........................  PL 100-113 Sec 8(h)...       785
        Establishment of...............  PL 100-113 Sec 8(b)...       783
        Lease of space.................  PL 100-113 Sec 8(a)...       782
        Rents and fees.................  PL 100-113 Sec 8(c)...       784
        Separate account...............  PL 100-113 Sec 8(d)...       784
      Membership.......................  PL 100-113 Sec 7(c)...       779
      Office space and supplies........  PL 100-113 Sec 7(e)...       781
      Powers of........................  100-113 Sec 7(f)......       781
      Staff............................  PL 100-113 Sec 7(d)...       780
    International debt
      Limited purpose Special Drawing    PL 100-418 Sec 3123...       752
       Rights for the poorest heavily
       indebted countries.
      Provisions relating to the         PL 100-418 Sec 3121...       751
       regulation of depository
       institutions.
      Regulation of depository           PL 100-418 Sec 3122...       751
       institutions, studies relating
       to.
    International debt forgiveness and   PL 106-429............       216
     international financial
     institutions reform.
    International debt forgiveness and
     international financial
     institutions reform--Continued
      Debt relief under the Heavily      PL 106-429 Sec 801....       216
       Indebted Poor Countries
       Initiative.
      Definitions......................  PL 106-429 Sec 806....       219
      Monitoring funds use by            PL 106-429 Sec 802....       217
       multilateral development banks,
       strengthening procedures for.
      Policies, operations and           PL 106-429 Sec 803....       218
       management of international
       financial institutions, reports.
    International Debt Management Act    PL 100-418............       746
     of 1988.
      Findings.........................  PL 100-418 Sec 3102...       747
      Purposes.........................  PL 100-418 Sec 3103...       747
      Statement of policy..............  PL 100-418 Sec 3104...       748
    International Debt Management
     Authority
      Actions to facilitate creation of  PL 100-418 Sec 3112...       750
       the Authority.
      Directive........................  PL 100-418 Sec 3111(a)       748
      Final reports....................  PL 100-418 Sec 3111(d)       749
      IMF-World Bank review............  PL 100-418 Sec 3113...       750
      Interim reports..................  PL 100-418 Sec 3111(c)       749
      Objectives.......................  PL 100-418 Sec 3111(b)       749
    International Development and        PL 101-240............       127
     Finance Act of 1989.
      Assistance by multilateral         PL 101-240 Sec 602....       135
       lending institutions to
       establish financial institutions
       in Poland, sense of Congress.
      Conditional financial assistance   PL 101-240 Sec 603....       136
       by multilateral lending
       institutions to Poland, sense of
       Congress.
      Debt-for-development swaps,        PL 101-240 Sec 531....       134
       encouragement through local
       currency repayment.
      Export-Import Bank Act Amendments
        Export-import programs to the    PL 101-240 Sec 103....       128
         People's Republic of China,
         prohibitions.
        Loan loss reserves, report.....  PL 101-240 Sec 101(e).       127
      Global Environmental Protection
       Assistance Act of 1989
        Negotiations policy............  PL 101-240 Sec 722....       137
        U.S. policy, sense of Congress.  PL 101-240 Sec 721....       137
      Inter-American Development Bank
        Reducing dependence on illicit   PL 101-240 Sec 103....       128
         narcotics through loans, sense
         of Congress.
      International debt exchanges and   PL 101-240 Sec 511....       133
       the environment, sense of
       Congress.
      International debt provisions
        Additional reserve requirements  PL 101-240 Sec 402....       129
        Agreements to reduce debt        PL 101-240 Sec 406....       131
         burden accompanied by trade
         liberalization.
        Capital flight, study on         PL 101-240 Sec 404....       130
         elimination of.
        Debt reduction for highly        PL 101-240 Sec 405....       131
         indebted countries, developing
         U.S. policy.
        Linkage of debt reduction loans  PL 101-240 Sec 407....       132
         to reduction in drug
         trafficking.
        Mark to market accounting,       PL 101-240 Sec 403....       129
         report requirements.
      Loan requests from Poland to       PL 101-240 Sec 601....       135
       International Bank for
       Reconstruction and Development
       and the International Monetary
       Fund, sense of Congress.
    International Development and
     Finance Act of 1989--Continued
      Loans or extension of financial    PL 101-240 Sec 604....       136
       and technical assistance to the
       People's Republic of China,
       sense of Congress.
      Technology deployment in
       developing countries
        Appropriations authorization...  PL 101-240 Sec 738....       142
        Definitions....................  PL 101-240 Sec 731....       138
        Fellowship and exchange          PL 101-240 Sec 737....       142
         programs.
        Greenhouse gas intensity.......  PL 101-240 Sec 732....       138
                                         PL 101-240 Sec 734....       140
                                         PL 101-240 Sec 735....       140
        Technology demonstration         PL 101-240 Sec 736....       141
         projects.
        Technology inventory...........  PL 101-240 Sec 733....       140
    International Development
     Association. See also Funding for
     mines; International Development
     Association Act; International
     Financial Institutions Act
      Anticorruption provisions........  PL 109-102 Sec 599D...       223
      Value of holdings maintained in    PL 92-268 Sec 3.......       242
       terms of gold.
    International Development            PL 86-565.............        41
     Association Act.
      Authorization requirements.......  PL 86-565 Sec 5.......        42
      Depositories.....................  PL 86-565 Sec 6.......        42
      Governor, Executive Director, and  PL 86-565 Sec 3.......        41
       alternates.
      Jurisdiction and venue of actions  PL 86-565 Sec 8.......        43
      Membership acceptance............  PL 86-565 Sec 2.......        41
      National Advisory Council on       PL 86-565 Sec 4.......        42
       International Monetary and
       Financial Problems.
      Special Facility for Sub-Saharan
       Africa
        Appropriations authorization...  PL 86-565 Sec 19......        46
        Eighth replenishment of          PL 86-565 Sec 20......        46
         resources, U.S. payments to.
        Fourteenth replenishment of      PL 86-565 Sec 23......        48
         resources, U.S. payments to.
        Ninth replenishment of           PL 86-565 Sec 21......        46
         resources, U.S. payments to.
        Thirteenth replenishment of      PL 86-565 Sec 22......        47
         resources, U.S. payments to.
      Status, immunities, and
       privileges
        Fifth replenishment of           PL 86-565 Sec 16......        45
         resources.
        Force and effect of provisions.  PL 86-565 Sec 9.......        43
        Fourth replenishment of          PL 86-565 Sec 14......        45
         resources.
        Gonzalez amendment.............  PL 86-565 Sec 12......        44
        Illegal drug activity, and.....  PL 86-565 Sec 13......        44
        Nullifying contracts or seizing  PL 86-565 Sec 12......        44
         property of U.S. citizens, and.
        Seventh replenishment of         PL 86-565 Sec 18......        46
         resources.
        Sixth replenishment of           PL 86-565 Sec 17......        45
         resources.
        Third replenishment of           PL 86-565 Sec 11......        44
         resources.
        U.S. contribution..............  PL 86-565 Sec 10......        43
      Subscription payment
        Appropriations authorization...  PL 86-565 Sec 7(a)....        42
        Payments to the United States    PL 86-565 Sec 7(d)....        43
         by the Association.
        Special notes..................  PL 86-565 Sec 7(c)....        43
        U.S. contribution..............  PL 86-565 Sec 7(b)....        42
    International Economic Policy
     Coordination. See Exchange Rates
     and International Economic Policy
     Coordination Act of 1988
    International Emergency Economic     PL 95-223.............      1466
     Powers Act. See also National
     Emergencies Act.
      Authority to issue regulations...  PL 95-223 Sec 205.....      1471
      Consultation.....................  PL 95-223 Sec 204.....      1470
      Exercising authorities...........  PL 95-223 Sec 202.....      1467
    International Emergency Economic
     Powers Act--Continued
      Grants of authorities............  PL 95-223 Sec 203.....      1468
      Penalties........................  PL 95-223 Sec 206.....      1471
      Report...........................  PL 95-223 Sec 204(c)..      1471
      Savings provision................  PL 95-223 Sec 207.....      1471
      Trading With the Enemy Act         PL 95-223 Sec 101.....      1466
       amendments.
    International Finance Corporation.
     See also International debt
     forgiveness and international
     financial institutions reform;
     International Finance Corporation
     Act; International Financial
     Institutions Act
      Assistance establishing financial  PL 101-240 Sec 602....       135
       institutions in Poland, sense of
       Congress.
      Conditional financial assistance   PL 101-240 Sec 603....       136
       to Poland, sense of Congress.
      International Bank for             PL 84-350 Sec 10......        53
       Reconstruction and Development
       lending to or borrowing from,
       removing prohibition against.
      Loans to.........................  PL 79-171 Sec 21......        14
    International Finance Corporation    PL 84-350.............        51
     Act.
      Authorization requirements.......  PL 84-350 Sec 5.......        52
      Capital stock increase
        Appropriations authorization...  PL 84-350 Sec 11(b)...        53
                                         PL 84-350 Sec 12(b)...        54
        Authority to agree to            PL 84-350 Sec 16......        55
         amendments to the Articles of
         Agreement.
        Limitations on appropriations    PL 84-350 Sec 14(b)...        55
         authorization.
        Securities issued as exempt,     PL 84-350 Sec 13......        54
         filing report with Securities
         and Exchange Commission.
        Subscription authorization.....  PL 84-350 Sec 14(a)...        54
        Support for economic             PL 84-350 Sec 15......        55
         restructuring in the
         independent states of the
         former Soviet Union.
        Vote authorization.............  PL 84-350 Sec 11(a)...        53
                                         PL 84-350 Sec 12(a)...        54
      Depositories.....................  PL 84-350 Sec 6.......        52
      Governor, Executive Director, and  PL 84-350 Sec 3.......        51
       alternates.
      Jurisdiction and venue of actions  PL 84-350 Sec 8.......        53
      Membership acceptance............  PL 84-350 Sec 2.......        51
      National Advisory Council on       PL 84-350 Sec 4.......        51
       International Monetary and
       Financial Problems.
      Status, immunities, and
       privileges
        Allowing lending to or           PL 84-350 Sec 10......        53
         borrowing from International
         Bank for Reconstruction and
         Development.
        Force and effect of provisions.  PL 84-350 Sec 9.......        53
      Subscription payment.............  PL 84-350 Sec 7.......        52
    International Financial Data
     Improvements Act. See Foreign
     Direct Investment and
     International Financial Data
     Improvements Act of 1990
    International financial
     institutions. See Foreign
     Operations Appropriations
     Instructions, FY 2006; individual
     institution; International debt
     forgiveness and international
     financial institutions reform;
     International Financial
     Institutions Act
    International Financial              PL 95-118.............       150
     Institutions Act.
      Administrative provisions........  PL 95-118 Sec 1504....       172
      Agricultural and commodity
       production
        Findings.......................  PL 95-118 Sec 1401....       164
    International Financial
     Institutions Act--Continued
      Agricultural and commodity
       production--Continued
        Multilateral development bank    PL 95-118 Sec 1402....       164
         activities.
        Projects resulting in surplus    PL 95-118 Sec 1403....       164
         in world markets.
        Reduction of barriers to         PL 95-118 Sec 1404....       165
         international trade.
      Congressional consultations......  PL 95-118 Sec 1201....       158
      Consolidated reporting
       requirements
        Effect of pending multilateral   PL 95-118 Sec 1703....       201
         development bank loans.
        Financial stabilization          PL 95-118 Sec 1704....       201
         programs led by the
         International Monetary Fund,
         financing from stabilization
         fund.
        Multilateral development banks,  PL 95-118 Sec 1702....       201
         operating summaries of.
        National Advisory Council on     PL 95-118 Sec 1701....       198
         International Monetary and
         Financial Policies.
        State of international           PL 95-118 Sec 1705....       203
         financial system, IMF reform,
         and IMF agreements compliance.
      Environmental issues
        Assessment of benefits and       PL 95-118 Sec 1306....       160
         costs of multilateral
         development bank actions.
        Debt-for-development swaps,      PL 95-118 Sec 1608....       181
         initiation of discussions to
         facilitate conservation.
        Educational programs for         PL 95-118 Sec 1305....       160
         multilateral development bank
         managers.
        Findings.......................  PL 95-118 Sec 1301....       158
        Impact of proposed multilateral  PL 95-118 Sec 1307....       161
         development bank actions.
        Institution-building for non-    PL 95-118 Sec 1616....       189
         governmental organizations
         concerned with the environment.
        Multilateral development bank    PL 95-118 Sec 1303....       159
         loans, determining impact of.
        Multilateral development banks   PL 95-118 Sec 1614....       187
         and debt-for-nature exchanges.
        Promotion of lending for the     PL 95-118 Sec 1615....       189
         environment.
        Strengthening environmental      PL 95-118 Sec 1302....       159
         performance of the banks.
        Sub-Saharan Africa, initiation   PL 95-118 Sec 1609....       182
         of discussions to facilitate
         financing of natural resources
         programs.
        System for cooperative exchange  PL 95-118 Sec 1304....       160
         of information.
      Export enhancement
        Commercial service officers and  PL 95-118 Sec 1803....       205
         multilateral development bank
         procurement.
        Multilateral development bank    PL 95-118 Sec 1801....       204
         procurement.
        Procurement opportunities for    PL 95-118 Sec 1802....       205
         U.S. firms.
      Human nutrition in developing      PL 95-118 Sec 901.....       156
       countries.
      Human rights
        Development of standard for      PL 95-118 Sec 703.....       155
         protection of.
    International Financial
     Institutions Act--Continued
      Human rights--Continued
        Salaries and benefits of         PL 95-118 Sec 704.....       155
         financial institution
         employees.
        Standards to be considered in    PL 95-118 Sec 705.....       156
         connection with applications
         for assistance.
        U.S. policies..................  PL 95-118 Sec 701.....       152
      Human welfare
        Debt-for-development swaps, and  PL 95-118 Sec 1608....       181
                                         PL 95-118 Sec 1610....       183
        Enhanced HIPC Initiative,        PL 95-118 Sec 1625....       196
         modification of.
        Enhanced Structural Adjustment   PL 95-118 Sec 1624....       194
         Facility, reform of.
        Equal employment opportunities.  PL 95-118 Sec 1619....       191
        Fair labor practices,            PL 95-118 Sec 1621....       191
         encouragement of.
        Government-owned enterprises in  PL 95-118 Sec 1612....       185
         countries receiving IADB
         loans, directives regarding.
        Government-owned enterprises in  PL 95-118 Sec 1607....       181
         countries receiving World Bank
         loans, directives regarding.
        Grassroots Collaboration         PL 95-118 Sec 1602....       176
         Program, proposal for
         establishment.
        Guidelines.....................  PL 95-118 Sec 1601....       175
        Heavily Indebted Poor Countries  PL 95-118 Sec 1623....       193
         Initiative, improvement of.
        Illicit narcotics, loan          PL 95-118 Sec 1606....       180
         programs to reduce economic
         dependence on.
        Impact of multilateral           PL 95-118 Sec 1605....       179
         development bank activities on
         indigenous people.
        Increasing access of World Bank  PL 95-118 Sec 1603(a).       178
         activities to the poor.
        Increasing productive economic   PL 95-118 Sec 1613....       185
         participation of the poor,
         reports.
        Interaction between the          PL 95-118 Sec 1617....       190
         International Bank for
         Reconstruction and Development
         and nongovernmental
         organizations.
        Involvement of women in          PL 95-118 Sec 1604....       178
         multilateral development bank
         activities.
        Microenterprise credit           PL 95-118 Sec 1603(c).       178
         promotion activities, report.
        Multilateral development bank    PL 95-118 Sec 1622....       192
         definition.
        Population, health and           PL 95-118 Sec 1618....       191
         nutrition programs.
        Program for the Financing of     PL 95-118 Sec 1603(b).       178
         Small Projects.
        Respect for indigenous peoples.  PL 95-118 Sec 1620....       191
        Sub-Saharan Africa, initiation   PL 95-118 Sec 1609....       182
         of discussions to facilitate
         financing of programs.
        Terrorist states, opposition to  PL 95-118 Sec 1621....       192
         assistance to.
        Well-being of the poor,          PL 95-118 Sec 1611....       184
         assistance to countries to
         develop statistical assessment
         of.
      Institutional reforms regarding    PL 95-118 Sec 1501....       165
       lending policies.
      International Monetary Fund,       PL 95-118 Sec 1503....       167
       advocacy of policies to enhance
       effectiveness of.
      Light capital technology.........  PL 95-118 Sec 801.....       156
    International Financial
     Institutions Act--Continued
      Military spending by recipient     PL 95-118 Sec 1502....       167
       countries.
      Personnel practices..............  PL 95-118 Sec 1901....       206
      Policy goals promotion...........  PL 95-118 Sec 1505....       173
      Targeting assistance to the needy
        Findings.......................  PL 95-118 Sec 1101....       157
        Guidelines.....................  PL 95-118 Sec 1102....       157
      U.S. participation in fostering    PL 95-118 Sec 101.....       151
       economic development in less
       developed countries, sense of
       Congress.
    International Investment and Trade
     in Services Act
      Authorities......................  EO 11961..............      1713
    International Investment and Trade   PL 94-472.............      1696
     in Services Survey Act.
      Access to information............  PL 94-472 Sec 5.......      1702
      Appropriations authorization.....  PL 94-472 Sec 9.......      1705
      Authority........................  PL 94-472 Sec 4.......      1698
      Consultations....................  PL 94-472 Sec 8.......      1704
      Definitions......................  PL 94-472 Sec 3.......      1697
      Duties...........................  PL 94-472 Sec 4.......      1698
      Enforcement......................  PL 94-472 Sec 6.......      1703
      Findings.........................  PL 94-472 Sec 2(a)....      1696
      Purpose..........................  PL 94-472 Sec 2(b)....      1697
      Rules and regulations............  PL 94-472 Sec 5.......      1702
      Use of experts and administrative  PL 94-472 Sec 7.......      1704
       support services.
    International Lending Supervision    PL 98-181.............       225
     Act of 1983.
      Accounting for fees on             PL 98-181 Sec 906.....       228
       international loans.
      Additional reserve requirements..  PL 98-181 Sec 905A....       227
      Authorities......................  PL 98-181 Sec 910.....       231
      Capital adequacy.................  PL 98-181 Sec 908.....       229
      Definitions......................  PL 98-181 Sec 903.....       225
      Federal Deposit Insurance          PL 98-181 Sec 912.....       233
       Corporation, equal
       representation for.
      Foreign loan evaluations.........  PL 98-181 Sec 909.....       230
      GAO audit authority..............  PL 98-181 Sec 911.....       231
      International lending data,        PL 98-181 Sec 907.....       229
       collection and disclosure of.
      Policy declaration...............  PL 98-181 Sec 902.....       225
      Reserves.........................  PL 98-181 Sec 905.....       226
      Strengthened supervision of        PL 98-181 Sec 904.....       226
       international lending.
    International monetary and
     financial policies. See National
     Advisory Council on International
     Monetary and Financial Policies
    International Monetary Fund. See
     also Foreign Operations
     Appropriations Instructions, FY
     2006; Funding for mines;
     International Monetary Fund/World
     Bank Group
      Advocacy of policies to enhance    PL 95-118 Sec 1503....       167
       effectiveness of.
      Conditional financial assistance   PL 101-240 Sec 601....       135
       to Poland, sense of Congress.
      Financial stabilization programs   PL 95-118 Sec 1704....       201
       with financing from the exchange
       stabilization fund, report.
      International Debt Management      PL 100-418 Sec 3113...       750
       Authority review.
      Loan requests from Poland, sense   PL 101-240 Sec 601....       135
       of Congress.
      Special Drawing Rights Act
        Administration of..............  PL 90-349 Sec 3.......       243
    International Monetary Fund--
     Continued
      Special Drawing Rights Act--
       Continued
        Allocation authority...........  PL 90-349 Sec 6.......       244
        Effectiveness of agreement.....  PL 90-349 Sec 7.......       244
        Establishment of...............  PL 90-349 Sec 2.......       243
        Purchase of certificates.......  PL 90-349 Sec 4.......       243
      State of international financial   PL 95-118 Sec 1705....       203
       system, IMF reform, and IMF
       agreements compliance.
    International Monetary Fund/World
     Bank Group
      Bretton Woods Agreements Act
        Actions not to be taken without  PL 79-171 Sec 5.......         7
         authorization.
        Adverse social and               PL 79-171 Sec 55......        30
         environmental impacts,
         alleviating potential for.
        Agricultural export subsidies,   PL 79-171 Sec 44......        24
         elimination of.
        Amendment acceptance...........  PL 79-171 Sec 24......        15
                                         PL 79-171 Sec 57......        31
        Appointment of governors,        PL 79-171 Sec 3.......         4
         executive directors, and
         alternates.
        Capital stock increase.........  PL 79-171 Sec 16(b)...        12
                                         PL 79-171 Sec 19......        14
                                         PL 79-171 Sec 23......        14
                                         PL 79-171 Sec 27......        15
                                         PL 79-171 Sec 39......        20
                                         PL 79-171 Sec 51......        28
                                         PL 79-171 Sec 52......        28
                                         PL 79-171 Sec 53......        29
        Communist dictatorships,         PL 79-171 Sec 43......        23
         instructions to United States
         Executive Director involving
         credit to.
        Debt reductions for the poorest  PL 79-171 Sec 62......        34
         countries, approval of
         contributions for.
        Debt rescheduling,               PL 79-171 Sec 29......        16
         comparability of treatment
         policy.
        Depositories...................  PL 79-171 Sec 6.......         8
        Dollar-Special Drawing Rights    PL 79-171 Sec 35......        19
         substitution account, sense of
         Congress.
        Economic adjustment programs...  PL 79-171 Sec 33......        17
                                         PL 79-171 Sec 45......        24
        El Salvador and Nicaragua,       PL 79-171 Sec 38......        20
         assistance to, sense of
         Congress.
        Exchange rate stability,         PL 79-171 Sec 40......        21
         promoting conditions for.
        Exempted securities............  PL 79-171 Sec 15......        12
        Foreign governments in default,  PL 79-171 Sec 9.......        10
         financial transactions with.
        Fund bailouts of banks,          PL 79-171 Sec 46......        26
         opposing.
        Fund policy changes............  PL 79-171 Sec 59......        31
        IMF interest rates.............  PL 79-171 Sec 48......        27
        IMF lending, principles for....  PL 79-171 Sec 63......        35
        Increasing productive            PL 79-171 Sec 59......        32
         participation of the poor.
        Information, obtaining and       PL 79-171 Sec 8.......         9
         furnishing.
        Information on monetary and      PL 79-171 Sec 42......        22
         financial problems, sense of
         Congress.
        Interest Subsidy Account of the  PL 79-171 Sec 54......        29
         Enhanced Structural Adjustment
         Facility of the International
         Monetary Fund.
        International cooperation......  PL 79-171 Sec 47......        26
        Jurisdiction and venue of        PL 79-171 Sec 10......        10
         actions.
    International Monetary Fund/World
     Bank Group--Continued
      Bretton Woods Agreements Act--
       Continued
        Loans to International Finance   PL 79-171 Sec 21......        14
         Corporation.
        Medium-term financing,           PL 79-171 Sec 63......        35
         limitations on.
        Membership acceptance..........  PL 79-171 Sec 2.......         4
        Military spending by developing  PL 79-171 Sec 60......        33
         nations, reduction of.
        Misreporting of information....  PL 79-171 Sec 63......        35
        National Advisory Council on     PL 79-171 Sec 4.......         5
         International Monetary and
         Financial Problems.
        Palestine Liberation             PL 79-171 Sec 37......        19
         Organization, denial of
         membership in the Fund.
        Policy audits..................  PL 79-171 Sec 59......        32
        Premium pricing................  PL 79-171 Sec 63......        35
        Promotion of international       PL 79-171 Sec 14......        11
         economic relations.
        Public access to information...  PL 79-171 Sec 59......        32
        Purchases of currencies or gold  PL 79-171 Sec 18......        14
         by the United States from the
         International Monetary Fund,
         use of.
        Quota increase.................  PL 79-171 Sec 16(a)...        12
                                         PL 79-171 Sec 20......        14
                                         PL 79-171 Sec 22......        14
                                         PL 79-171 Sec 25......        15
                                         PL 79-171 Sec 32......        17
                                         PL 79-171 Sec 41......        22
                                         PL 79-171 Sec 56......        30
                                         PL 79-171 Sec 61......        34
        Reports........................  PL 79-171 Sec 34......        19
        Reserve Account of the Enhanced  PL 79-171 Sec 58......        31
         Structural Adjustment Facility
         Trust, providing resources.
        Short-term balance of payments   PL 79-171 Sec 63......        35
         financing.
        Special Drawing Rights.........  PL 79-171 Sec 17......        13
        Stabilization loans by the Bank  PL 79-171 Sec 12......        11
        Stabilization operations by the  PL 79-171 Sec 13......        11
         Fund.
        Stabilization programs           PL 79-171 Sec 30......        16
         consultation.
        Status, immunities and           PL 79-171 Sec 11......        10
         privileges.
        Subscription payment...........  PL 79-171 Sec 7.......         8
        Supplementary Financing          PL 79-171 Sec 28......        15
         Facility participation.
        Taiwan, membership in the Fund,  PL 79-171 Sec 36......        19
         sense of Congress.
        Trade provisions...............  PL 79-171 Sec 49......        27
        Vote against establishment of a  PL 79-171 Sec 26......        15
         Council.
    International Natural Rubber         PL 96-271.............      1737
     Agreement Appropriation
     Authorization.
    International standards
     organizations
      Representation of U.S. interests.  PL 96-39 Sec 413......       848
    International Sugar Agreement,       PL 96-236.............      1738
     1977, implementation.
      Agreement implementation.........  PL 96-236 Sec 2.......      1738
      Criminal offenses................  PL 96-236 Sec 4.......      1739
      Definitions......................  PL 96-236 Sec 1.......      1738
      Delegation of powers and duties..  PL 96-236 Sec 3.......      1739
    International Trade and Investment   PL 98-573.............       791
     Act. See also Trade Act of 1974.
      Foreign direct investment,         PL 98-573 Sec 307.....       794
       negotiating authority with
       respect to.
      High technology industries,        PL 98-573 Sec 308.....       795
       negotiation of agreements.
    International Trade and Investment
     Act--Continued
      Service industry, provisions       PL 98-573 Sec 306.....       792
       relating to international trade.
      Statement of purposes............  PL 98-573 Sec 302.....       791
    International Trade Commission
      Action in response to trade        PL 93-618 Sec 422.....       389
       diversion.
      Adjustment assistance
        Farmers, Secretary of            PL 93-618 Sec 294.....       352
         Agriculture study.
        Firms, Secretary of Commerce     PL 93-618 Sec 264.....       341
         study.
        Workers, Secretary of Labor      PL 93-618 Sec 224.....       338
         study.
      Affirmative determinations by      PL 71-361 Sec 771.....       565
       divided Commission.
      Andean Trade Preference Act        PL 102-182 Sec 206....       978
       impact, reports.
      Antidumping duties determinations  PL 71-361 Sec 733(a)..       502
                                         PL 71-361 Sec 735(b)..       515
      Assessment of trade remedy laws..  PL 107-210 Sec 2104(f)       638
      Authorities......................  PL 93-618 Sec 603.....       408
      Caribbean Basin Economic Recovery  PL 98-67 Sec 215......      1050
       Act impact, reports.
      Chairman's responsibilities......  PL 71-361 Sec 331(a)..       427
      Circumvention of antidumping and   PL 71-361 Sec 780(e)..       605
       countervailing duty orders,
       advice in preventing.
      Civil service law application....  PL 71-361 Sec 331(b)..       428
      Cooperation with other agencies..  PL 71-361 Sec 334.....       432
      Countervailing duties              PL 71-361 Sec 703(a)..       476
       determinations.
                                         PL 71-361 Sec 705(b)..       490
      Definitions......................  PL 71-361 Sec 332(e)..       430
      Determination of cost of crude     PL 71-361 Sec 332(f)..       430
       petroleum to oil refineries.
      Discrimination by foreign
       countries
        Additional duties..............  PL 71-361 Sec 338(a)..       445
        Application of proclamation....  PL 71-361 Sec 338(c)..       446
        Ascertainment of                 PL 71-361 Sec 338(g)..       447
         discriminations.
        Definitions....................  PL 71-361 Sec 338(i)..       447
        Duties to offset benefits to     PL 71-361 Sec 338(e)..       446
         third country.
        Duties to offset commercial      PL 71-361 Sec 338(d)..       446
         disadvantages.
        Exclusion from importation.....  PL 71-361 Sec 338(b)..       446
        Forfeiture of articles.........  PL 71-361 Sec 338(f)..       447
        Rules and regulations of         PL 71-361 Sec 338(h)..       447
         Secretary of Treasury.
      Downstream product monitoring....  PL 71-361 Sec 780(b)..       601
      Eligible articles advice.........  PL 93-618 Sec 503(e)..       402
      Equalization of costs of           PL 71-361 Sec 336.....       433
       production.
      Expenses.........................  PL 71-361 Sec 331(c)..       428
      Information for President and      PL 71-361 Sec 332(d)..       429
       Congress.
      Investigations...................  PL 71-361 Sec 332(a)..       429
      Investigations, determinations,    PL 93-618 Sec 202.....       315
       and recommendations of import
       injury caused by competition.
      Market disruption
        Determinations, time for.......  PL 93-618 Sec 406(e)..       385
        Investigations.................  PL 93-618 Sec 406.....       378
        Recommendations................  PL 93-618 Sec 406(f)..       385
        Report.........................  PL 93-618 Sec 406(g)..       385
      Negotiations advice..............  PL 93-618 Sec 131.....       275
      New York office..................  PL 71-361 Sec 331(e)..       428
      Notification of antidumping        PL 71-361 Sec 732(d)..       501
       duties determination.
      Notification of countervailing     PL 71-361 Sec 702(d)..       475
       duties determination.
      Official seal....................  PL 71-361 Sec 331(f)..       428
    International Trade Commission--
     Continued
      Organization of
        Appropriations authorization...  PL 71-361 Sec 330(e)..       426
        Chairman and vice chairman.....  PL 71-361 Sec 330(c)..       424
        Membership.....................  PL 71-361 Sec 330(a)..       423
        Quorum.........................  PL 71-361 Sec 330(c)..       424
        Regulatory independence........  PL 71-361 Sec 330(f)..       427
        Terms of office................  PL 71-361 Sec 330(b)..       423
        Voting procedures..............  PL 71-361 Sec 330(d)..       425
      Paris Economy Pact investigations  PL 71-361 Sec 332(c)..       429
      Principal office at Washington...  PL 71-361 Sec 331(d)..       428
      Production of papers.............  PL 71-361 Sec 333.....       431
      Recommendations on Harmonized      PL 100-418 Sec 1206...       715
       Tariff Schedule.
      Reports..........................  EO 12661 Sec 5-301....       911
                                         PL 71-361 Sec 332(a)..       429
                                         PL 71-361 Sec 332(g)..       430
                                         PL 93-618 Sec 163(c)..       306
      Rules and regulations............  PL 71-361 Sec 335.....       433
      Tariff relations investigations..  PL 71-361 Sec 332(b)..       429
      Testimony........................  PL 71-361 Sec 333.....       431
      Trade agreements authority,        PL 107-210 Sec 2103(c)       632
       report.
      Trade Remedy Assistance Office...  PL 71-361 Sec 339.....       447
      Unfair practices in import trade.  PL 71-361 Sec 337.....       435
        Cease and desist orders........  PL 71-361 Sec 337(f)..       441
        Complaints.....................  PL 71-361 Sec 337(g)..       441
        Confidential information.......  PL 71-361 Sec 337(n)..       445
        Definition of United States....  PL 71-361 Sec 337(m)..       444
        Determinations.................  PL 71-361 Sec 337(c)..       438
        Exclusion of articles from       PL 71-361 Sec 337(d)..       439
         entry.
                                         PL 71-361 Sec 337(e)..       440
        Forfeiture.....................  PL 71-361 Sec 337(i)..       442
        Importation by or for the        PL 71-361 Sec 337(l)..       444
         United States.
        Investigations of violations...  PL 71-361 Sec 337(b)..       436
        Period of effectiveness........  PL 71-361 Sec 337(k)..       444
        Referrals to the President.....  PL 71-361 Sec 337(j)..       443
        Review.........................  PL 71-361 Sec 337(c)..       438
        Sanctions......................  PL 71-361 Sec 337(h)..       442
    International Trade Functions. See   EO 12188..............       903
     also Reorganization Plan No. 3 of
     1979.
      Authority under the Foreign        EO 12188 Sec 1-104....       905
       Service Act and related laws.
      Delegation of....................  EO 12188 Sec 1-103....       905
      Incidental transfers and           EO 12188 Sec 1-106....       906
       reassignments.
      Prior Executive Orders and         EO 12188 Sec 1-105....       905
       determination.
      Trade Policy Committee...........  EO 12188 Sec 1-102....       904
      United States Trade                EO 12188 Sec 1-101....       903
       Representative.
    Internet
      Foreign tariffs, trade barriers,   PL 105-277 Sec 1203...       667
       and other restrictions.
    Investment disputes settlement. See
     Convention on the Settlement of
     Investment Disputes Act of 1966
    Investments. See also Committee on
     Foreign Investment in the United
     States; Foreign direct investment;
     Foreign Investment Study Act of
     1974; International Investment and
     Trade in Services Survey Act
      United States-Canada Free-Trade    PL 100-449 Sec 304(b).      1006
       Agreement Implementation Act
       negotiating objectives.
    Iran
      Blocking government property.....  EO 12170..............      1603
      Prohibiting transactions
        Authorities....................  EO 12959 Sec 3........      1609
    Iran--Continued
      Prohibiting transactions--
       Continued
        Definitions....................  EO 12959 Sec 2........      1609
        Effect of order................  EO 12959 Sec 6........      1610
        Petroleum resources development  EO 12957..............      1606
        Response to actions............  EO 12959 Sec 7........      1610
        Transactions included..........  EO 12959 Sec 1........      1608
      Prohibiting transactions,
       consolidation
        Authorities....................  EO 13059 Sec 5........      1613
                                         EO 13059 Sec 6........      1613
        Definitions....................  EO 13059 Sec 4........      1613
        Effect of order................  EO 13059 Sec 7........      1613
                                         EO 13059 Sec 8........      1614
        Licenses, continuation of......  EO 13059 Sec 3........      1612
        Response to actions............  EO 13059 Sec 9........      1614
        Transactions included..........  EO 13059 Sec 1........      1611
                                         EO 13059 Sec 2........      1611
    Iran and Libya Sanctions Act of      PL 104-172............      1591
     1996.
      Advisory opinions................  PL 104-172 Sec 7......      1596
      Declaration of policy............  PL 104-172 Sec 3......      1592
      Definitions......................  PL 104-172 Sec 14.....      1600
      Determinations not reviewable....  PL 104-172 Sec 11.....      1599
      Exclusion of activities..........  PL 104-172 Sec 12.....      1599
      Findings.........................  PL 104-172 Sec 2......      1591
      Multilateral regime..............  PL 104-172 Sec 4......      1592
      Presidential waiver..............  PL 104-172 Sec 9......      1597
      Reports..........................  PL 104-172 Sec 10.....      1598
      Sanctions........................  PL 104-172 Sec 5......      1593
                                         PL 104-172 Sec 6......      1595
                                         PL 104-172 Sec 8......      1596
      Sunset...........................  PL 104-172 Sec 13.....      1599
    Iraq
      Confiscating and vesting property  EO 13290..............      1578
      Development Fund protection
        Authorities....................  EO 13303 Sec 4........      1581
        Definitions....................  EO 13303 Sec 3........      1581
        Effect of order................  EO 13303 Sec 1........      1580
                                         EO 13303 Sec 2........      1581
        Modifying......................  EO 13364..............      1589
      Economic sanctions against.......  PL 101-510 Sec 1458...      1577
                                         PL 101-513............      1566
      Emergency Protection for Iraqi
       Cultural Antiquities Act of 2004
        Emergency implementation of      PL 108-429 Sec 3002...       613
         import restrictions.
        Termination of authority.......  PL 108-429 Sec 3003...       613
      Property of former regime, senior
       officials and family members
        Authorities....................  EO 13315 Sec 2........      1584
                                         EO 13315 Sec 7........      1585
                                         EO 13315 Sec 8........      1585
        Blocking.......................  EO 13315 Sec 1........      1583
        Definitions....................  EO 13315 Sec 4........      1584
        Donations prohibition..........  EO 13315 Sec 5........      1585
        Effect of order................  EO 13315 Sec 9........      1585
                                         EO 13315 Sec 10.......      1585
                                         EO 13315 Sec 11.......      1585
        Prior notice requirement.......  EO 13315 Sec 6........      1585
        Prohibitions...................  EO 13315 Sec 3........      1584
      Supercomputer licensing            PL 101-515 Sec 608....      1576
       prohibition.
      Termination of national emergency
        Authorities....................  EO 13350 Sec 7........      1587
                                         EO 13350 Sec 8........      1587
        Donations prohibition..........  EO 13350 Sec 5........      1587
        Effect of order................  EO 13350 Sec 1........      1586
                                         EO 13350 Sec 9........      1588
        Prior notice requirement.......  EO 13350 Sec 6........      1587
    Iraq--Continued
      Termination of national
       emergency--Continued
        Property ownership or            EO 13350 Sec 4........      1587
         possession, prohibition of.
    Iraq Sanctions Act of 1990.........  PL 101-513............      1566
      Consultations with Congress......  PL 101-513 Sec 586B...      1567
      Embargo violations, penalties for  PL 101-513 Sec 586E...      1569
      Export license restrictions......  PL 101-513 Sec 586I...      1574
      Invasion of Kuwait, declarations   PL 101-513 Sec 586A...      1566
       regarding.
      Reports..........................  PL 101-513 Sec 586J...      1574
      Sanctions........................  PL 101-513 Sec 586G...      1571
      Trade embargo....................  PL 101-513 Sec 586C...      1567
      U.N. sanctions, compliance with..  PL 101-513 Sec 586D...      1568
      Violations of international law,   PL 101-513 Sec 586F...      1569
       declarations regarding.
      Waiver authority.................  PL 101-513 Sec 586H...      1572
    Israel
      Japanese compliance with Arab      PL 100-418 Sec 2209...      1289
       boycott, sense of Congress.
      Trade with Israel................  PL 98-573.............      1128
        Application of trade law         PL 98-573 Sec 403.....      1129
         provisions.
        Construction of title..........  PL 98-573 Sec 405.....      1131
        Duty-free treatment of           PL 98-573 Sec 402.....      1128
         articles, criteria for.
        Perishable articles, fast track  PL 98-573 Sec 404.....      1130
         procedures for.
      United States-Israel Free Trade
       Implementation Act of 1985
        Harmonized Tariff Schedule.....  Gen. note 8...........       888
      User fees, exemption of products.  PL 101-382 Sec 112....      1132
    Israel Free Trade Agreement. See
     United States-Israel Free Trade
     Agreement
    Israel Free Trade Implementation
     Act of 1985. See United States-
     Israel Free Trade Implementation
     Act of 1985
    ITC. See International Trade
     Commission

                                        J

    Jackson-Vanik amendment............  PL 93-618 Sec 402.....       371
    Jamaica. See Caribbean Basin
     Economic Recovery Act
    Japan
      Auto parts sales
        Establishment of initiative....  PL 100-418 Sec 2123...      1282
        Re-establishment of initiative.  PL 105-261 Sec 3803...      1271
      Coal exports to..................  PL 100-418 Sec 1933...       741
      Compliance with Arab boycott of    PL 100-418 Sec 2209...      1289
       Israel, sense of Congress.
      Importation of manufactured goods  PL 100-418 Sec 2208...      1288
       from less developed countries.
      Investigation of barriers to       PL 100-418 Sec 1305...       721
       certain U.S. services.
      Purchases of U.S.-made automotive  PL 100-418 Sec 1934...       742
       parts.
      Special Advisory Committee on      PL 105-261 Sec 3804...      1272
       automotive parts sales.
      Supercomputer trade dispute......  PL 100-418 Sec 1307...       722
      Trade and economic relations with  PL 100-418 Sec 1306...       721
      United States and Foreign          PL 100-418 Sec 2306...      1296
       Commercial Service Initiative.
    Jewelry
      Facilitation of trade, sense of    PL 100-418 Sec 2210...      1289
       Congress.
    Jobs Through Exports Act of 1992...  PL 102-549............       677
    Jobs Through Exports Act of 1992--
     Continued
      Capital projects
        Agency for International         PL 102-549 Sec 307....       680
         Development credit guarantees
         to finance, report.
        Coordination...................  PL 102-549 Sec 304....       679
        Definitions....................  PL 102-549 Sec 308....       680
        Funding for....................  PL 102-549 Sec 306....       679
        Office within the Agency for     PL 102-549 Sec 302....       677
         International Development.
        Poverty alleviation and          PL 102-549 Sec 303....       678
         environmental safety and
         sustainability.
        Reports........................  PL 102-549 Sec 305....       679
      Export promotion activities......  PL 102-549 Sec 501....       682
      Impact on employment in the        PL 102-549 Sec 801....       684
       United States.
      Trade promotion expansion
        Commercial Service Officers....  PL 102-549 Sec 701....       683
      United States Commercial Centers
        Appropriations authorization...  PL 102-549 Sec 401(i).       682
        Definitions....................  PL 102-549 Sec 401(k).       682
        Establishment of...............  PL 102-549 Sec 401(a).       680
        Facilities relationship to       PL 102-549 Sec 401(g).       681
         Department of Commerce
         operations in host countries.
        Functions of...................  PL 102-549 Sec 401(c).       680
        Purpose of.....................  PL 102-549 Sec 401(b).       680
        Specific services to be          PL 102-549 Sec 401(d).       681
         provided.
        Staffing of....................  PL 102-549 Sec 401(f).       681
        Trade promotion activities.....  PL 102-549 Sec 401(e).       681
        Use of Market Development        PL 102-549 Sec 401(h).       682
         Cooperator Program.
      Worker rights, internationally     PL 102-549 Sec 802....       684
       recognized.
    Johnson Act
      Financial transactions with        PL 80-772.............      1690
       foreign governments.
    Jordan Free Trade Area               PL 107-43.............      1115
     Implementation Act.
      Appropriations authorization.....  PL 107-43 Sec 402.....      1119
      Definitions......................  PL 107-43 Sec 3.......      1115
      Harmonized Tariff Schedule.......  Gen. note 18..........       891
      Implementing regulations.........  PL 107-43 Sec 403.....      1119
      Processing operations, direct      PL 107-43 Sec 102(b)..      1116
       costs of.
      Purposes.........................  PL 107-43 Sec 2.......      1115
      Relationship of agreement to       PL 107-43 Sec 401.....      1119
       United States and state law.
      Rules of origin
        Direct costs of processing       PL 107-43 Sec 102(b)..      1116
         operations.
        Eligible articles..............  PL 107-43 Sec 102(a)..      1116
        Exclusion......................  PL 107-43 Sec 102(d)..      1118
        General provisions.............  PL 107-43 Sec 102(a)..      1116
        Textile and apparel articles...  PL 107-43 Sec 102(c)..      1117
      Tariff modifications.............  PL 107-43 Sec 101.....      1115
      Termination effect...............  PL 107-43 Sec 404.....      1120
    Judicial Review Commission on
     Foreign Asset Control
      Compensation and travel expenses.  PL 106-120 Sec 810(f).      1498
      Duties...........................  PL 106-120 Sec 810(c).      1497
      Establishment of.................  PL 106-120 Sec 810(a).      1496
      Funding..........................  PL 106-120 Sec 810(j).      1499
      Inapplicability of administrative  PL 106-120 Sec 810(i).      1499
       provisions.
      Membership.......................  PL 106-120 Sec 810(b).      1496
      Powers...........................  PL 106-120 Sec 810(d).      1497
      Procedural matters...............  PL 106-120 Sec 810(b).      1496
      Report...........................  PL 106-120 Sec 810(g).      1498
      Staff............................  PL 106-120 Sec 810(e).      1498
    Judicial Review Commission on
     Foreign Asset Control--Continued
      Termination......................  PL 106-120 Sec 810(h).      1499

                                        K

    Kazakhstan
      Trade Act of 1974 waiver.........  EO 12809..............      1203
    Kenya
      Quotas on textile and apparel      PL 106-200 Sec 112(c).      1091
       imports, treatment of.
    Kimberley Process Certification
     Scheme. See Clean Diamond Trade
     Act
    Kimberley Process Implementation
     Coordinating Committee
      Establishment of.................  PL 108-19 Sec 11......      1679
    Kongsberg Trading Company
      Sanctions........................  EO 12661 Sec 2-201....       909
                                         PL 100-418 Sec 2443...      1310
    Kuwait
      Iraq invasion of, declarations     PL 101-513 Sec 586A...      1566
       regarding.
    Kyrgyzstan
      Normal trade relations...........  PL 106-200 Sec 302....      1179
      Trade Act of 1974 waiver.........  EO 12802..............      1204

                                        L

    Labor, Department of
      Steel industry worker assistance   PL 98-573 Sec 807.....       804
       plan.
    Labor issues
      Cooperation agreement............  PL 103-182 Sec 531....       957
    Laos
      Normal trade relations, extension  PL 108-429 Sec 2005...      1171
       of.
    Latin America
      Multilateral Investment Fund       PL 86-147 Sec 38......        78
       focus on low-income areas.
    Latvia
      Most-favored-nation treatment
        Findings.......................  PL 102-182 Sec 101....      1195
        Nondiscriminatory treatment,     PL 102-182 Sec 102....      1196
         extension of.
        Prompt provision of GSP          PL 102-182 Sec 104....      1197
         treatment, sense of Congress.
        Termination of application of    PL 102-182 Sec 103....      1196
         Title IV of the Trade Act of
         1974.
    Lebanon. See Syria Accountability
     and Lebanese Sovereignty
     Restoration Act of 2003
    Liberia
      Prohibiting transactions.........  EO 13348..............      1684
    LIBERTAD Act of 1996. See Cuban
     Liberty and Democratic Solidarity
     (LIBERTAD) Act of 1996
    Libya
      Iran and Libya Sanctions Act of    PL 104-172............      1591
       1996.
        Advisory opinions..............  PL 104-172 Sec 7......      1596
        Declaration of policy..........  PL 104-172 Sec 3......      1592
        Definitions....................  PL 104-172 Sec 14.....      1600
        Determinations not reviewable..  PL 104-172 Sec 11.....      1599
        Exclusion of activities........  PL 104-172 Sec 12.....      1599
        Findings.......................  PL 104-172 Sec 2......      1591
        Multilateral regime............  PL 104-172 Sec 4......      1592
        Presidential waiver............  PL 104-172 Sec 9......      1597
        Reports........................  PL 104-172 Sec 10.....      1598
        Sanctions......................  PL 104-172 Sec 5......      1593
    Libya--Continued
      Iran and Libya Sanctions Act of
       1996--Continued
        Sanctions--Continued
                                         PL 104-172 Sec 6......      1595
                                         PL 104-172 Sec 8......      1596
                                         PL 104-172 Sec 9......      1597
        Sunset.........................  PL 104-172 Sec 13.....      1599
    Lithuania
      Most-favored-nation treatment
        Findings.......................  PL 102-182 Sec 101....      1195
        Nondiscriminatory treatment,     PL 102-182 Sec 102....      1196
         extension of.
        Prompt provision of GSP          PL 102-182 Sec 104....      1197
         treatment, sense of Congress.
        Termination of application of    PL 102-182 Sec 3......      1196
         Title IV of the Trade Act of
         1974.

                                        M

    Market Development Cooperator
     Program
      Budget Act regulations...........  PL 100-418 Sec 2303(d)      1295
      Cooperator Partnership Program...  PL 100-418 Sec 2303(c)      1294
      Implementation of................  PL 100-418 Sec 2303(b)      1294
      Secretary of Commerce authority..  PL 100-418 Sec 2303(a)      1293
      United States Commercial Centers   PL 102-549 Sec 401(h).       682
       use.
    Market disruption
      Action to address................  PL 93-618 Sec 421.....       383
      China, People's Republic of,       PL 93-618 Sec 421(j)..       387
       agreements.
      Commission report................  PL 93-618 Sec 421(g)..       385
      Critical circumstances...........  PL 93-618 Sec 421(i)..       386
      Extension of action..............  PL 93-618 Sec 421(o)..       388
      Factors in determination.........  PL 93-618 Sec 421(d)..       384
      Initiation of investigations.....  PL 93-618 Sec 421(b)..       384
      International Trade Commission     PL 93-618 Sec 406.....       378
       investigations.
      Modifications of relief..........  PL 93-618 Sec 421(n)..       388
      Opportunity to present views and   PL 93-618 Sec 421(h)..       386
       evidence on proposed measure.
      Publication of decision and        PL 93-618 Sec 421(l)..       388
       reports.
      Recommendations of Commission on   PL 93-618 Sec 421(f)..       385
       proposed remedies.
      Standard for Presidential action.  PL 93-618 Sec 421(k)..       387
      Time for Commission                PL 93-618 Sec 421(e)..       385
       determinations.
    Marxist Popular Movement for the
     Liberation of Angola
      Findings.........................  PL 99-472.............      1636
    Mauritius
      Quotas on textile and apparel      PL 106-200 Sec 112(c).      1091
       imports, treatment of.
    MDB. See Multilateral development
     banks
    MEC. See Myanmar Economic
     Corporation
    Medical technologies. See HIV/AIDS
     pharmaceuticals
    Medicine and medical supplies
      Export control exclusions........  PL 96-72 Sec 6(g).....      1366
      Trade sanctions reform...........  PL 106-387............      1481
    Mexican Debt Disclosure Act of 1995  PL 104-6..............       208
      Definitions......................  PL 104-6 Sec 407......       211
      Findings.........................  PL 104-6 Sec 402......       208
      Presidential certification         PL 104-6 Sec 406......       211
       regarding swap of currencies
       through exchange stabilization
       fund or Federal Reserve.
      Presidential reports.............  PL 104-6 Sec 403......       209
      Secretary of the Treasury,         PL 104-6 Sec 404......       209
       reports.
    Mexican Debt Disclosure Act of
     1995--Continued
      Termination of reporting           PL 104-6 Sec 405......       210
       requirements.
    Mexico
      Bilateral Framework Agreement on   PL 100-418 Sec 2101...      1282
       Trade and Investment.
      Binational panel review of         PL 71-361 Sec 516A(g).       460
       countervailing and antidumping
       duty proceedings.
      Border Environment Cooperation     EO 12916..............      1065
       Commission and the North
       American Development Bank
       Agreement.
        Cooperation promotion..........  EO 12916 Sec 2(c).....      1065
        Finance Committee..............  EO 12916 Sec 6........      1066
                                         EO 12916 Sec 7........      1066
                                         EO 12916 Sec 8........      1067
                                         EO 12916 Sec 9........      1067
        Good Neighbor Environmental      EO 12916 Sec 10.......      1067
         Board.
        Intention of order.............  EO 12916 Sec 11.......      1067
        Interagency coordination.......  EO 12916 Sec 2(b).....      1065
        Policy.........................  EO 12916 Sec 1........      1065
        Project loans, guarantees or     EO 12916 Sec 3(b).....      1066
         grants.
                                         EO 12916 Sec 3(c).....      1066
                                         EO 12916 Sec 3(d).....      1066
        Secretary of Treasury functions  EO 12916 Sec 4........      1066
                                         EO 12916 Sec 5........      1066
        U.S. representation............  EO 12916 Sec 2(a).....      1065
                                         EO 12916 Sec 3(a).....      1065
    Middle East
      Terrorists who threaten to         EO 12947..............      1509
       disrupt peace process
    Middle East Development Bank
      Bretton Woods Agreements Act       PL 104-208 Sec 704....       124
       applicability.
      Effectiveness of agreement.......  PL 104-208 Sec 708....       125
      Federal Reserve Banks as           PL 104-208 Sec 705....       124
       depositories.
      Governor and alternate Governor..  PL 104-208 Sec 703....       124
      Jurisdiction and venue of actions  PL 104-208 Sec 707....       125
      Membership acceptance............  PL 104-208 Sec 702....       124
      Securities issued as exempt,       PL 104-208 Sec 709....       126
       filing with Securities and
       Exchange Commission.
      Stock subscription...............  PL 104-208 Sec 706....       125
      Technical amendments.............  PL 104-208 Sec 710....       126
    Military expenditures
      Reducing spending by developing    PL 79-171 Sec 60......        33
       nations.
    Military-related exports
      Annual report on impact of         50 USC App Sec 2099...      1435
       offsets.
    Minerals
      Opposition of multilateral         PL 99-472 Sec 22......      1724
       assistance for foreign surplus.
    Mines and mining
      Opposition to funding of copper    PL 99-88 Sec 501......       214
       commodity production.
      U.S. policies....................  PL 99-88 Sec 502......       214
    Miscellaneous Trade and Technical    PL 108-429............       611
     Corrections Act of 2004.
      Iraqi cultural antiquities
        Emergency implementation of      PL 108-429 Sec 3002...       613
         import restrictions.
        Termination of authority.......  PL 108-429 Sec 3003...       613
      Tariff provisions
        Clarification of designation of  PL 108-429 Sec 1560...       611
         normal trade relations.
        Integrated Border Inspection     PL 108-429 Sec 1560(b)       611
         Areas, creation of.
    Miscellaneous Trade and Technical
     Corrections Act of 2004--Continued
      Wool Trust Fund..................  PL 108-429 Sec 4002(c)       613
    Missile proliferation control
     violations
      Definitions......................  PL 96-72 Sec 11B(c)...      1406
      Transfers of missile equipment or  PL 96-72 Sec 11B(b)...      1404
       technology by foreign persons.
      Violations by U.S. persons.......  PL 96-72 Sec 11B(a)...      1403
    Missile technology
      Export controls..................  PL 96-72 Sec 6(l).....      1371
    Moldova
      Trade Act of 1974 waiver.........  EO 12809..............      1203
    Monetary and financial policies.
     See National Advisory Council on
     International Monetary and
     Financial Policies
    Money laundering
      Civil penalties..................  31 USC Sec 5321.......       239
    Mongolia
      Normal trade relations
        Nondiscriminatory treatment,     PL 102-157............      1198
         extension of.
                                         PL 106-36 Sec 2424....      1181
      Trade Act of 1974 waiver.........  EO 12746..............      1207
    Montenegro
      Most-favored-nation treatment
        Withdrawal of status...........  PL 102-420 Sec 1......      1191
    Montserrat. See Caribbean Basin
     Economic Recovery Act
    Morocco Free Trade Agreement
     Implementation Act. See United
     States-Morocco Free Trade
     Agreement Implementation Act.
    Most-favored-nation treatment. See
     also Normal trade relations
      Afghanistan
        Authority to deny..............  PL 99-190 Sec 118.....      1638
                                         PL 99-190 Sec 552.....      1638
      Bulgaria
        Findings and supplemental        PL 104-162 Sec 1......      1187
         action.
        Termination of application of    PL 104-162 Sec 2......      1188
         Title IV of the Trade Act of
         1974.
      Cambodia
        Findings.......................  PL 104-203 Sec 1......      1183
        Nondiscriminatory treatment,     PL 104-203 Sec 2......      1183
         extension of.
        Report.........................  PL 104-203 Sec 3......      1184
      China, People's Republic of
        Conditions for renewal.........  EO 12850..............      1189
      Czech and Slovak Federal Republic
        Findings.......................  PL 102-182 Sec 1(a)...      1194
        Preparatory Presidential action  PL 102-182 Sec 1(b)...      1194
        Termination of application of    PL 102-182 Sec 2......      1195
         Title IV of the Trade Act of
         1974.
      Estonia
        Findings.......................  PL 102-182 Sec 101....      1195
        Nondiscriminatory treatment,     PL 102-182 Sec 102....      1196
         extension of.
        Prompt provision of GSP          PL 102-182 Sec 104....      1197
         treatment, sense of Congress.
        Termination of application of    PL 102-182 Sec 103....      1196
         Title IV of the Trade Act of
         1974.
      Hungary
        Findings.......................  PL 102-182 Sec 1(a)...      1194
        Preparatory Presidential action  PL 102-182 Sec 1(b)...      1194
        Termination of application of    PL 102-182 Sec 2......      1195
         Title IV of the Trade Act of
         1974.
      Latvia
        Findings.......................  PL 102-182 Sec 101....      1195
    Most-favored-nation treatment--
     Continued
      Latvia--Continued
        Nondiscriminatory treatment,     PL 102-182 Sec 102....      1196
         extension of.
        Prompt provision of GSP          PL 102-182 Sec 104....      1197
         treatment, sense of Congress.
        Termination of application of    PL 102-182 Sec 103....      1196
         Title IV of the Trade Act of
         1974.
      Lithuania
        Findings.......................  PL 102-182 Sec 101....      1195
        Nondiscriminatory treatment,     PL 102-182 Sec 102....      1196
         extension of.
        Prompt provision of GSP          PL 102-182 Sec 104....      1197
         treatment, sense of Congress.
        Termination of application of    PL 102-182 Sec 3......      1196
         Title IV of the Trade Act of
         1974.
      Montenegro
        Withdrawal of status...........  PL 102-420 Sec 1......      1191
      Romania
        Findings.......................  PL 104-171 Sec 1......      1185
        Termination of application of    PL 104-171 Sec 2......      1186
         Title IV of the Trade Act of
         1974.
      Serbia
        Withdrawal of status...........  PL 102-420 Sec 1......      1191
    Motor vehicles. See Automobiles;
     Automotive parts
    MPLA. See Marxist Popular Movement
     for the Liberation of Angola
    Multilateral development banks. See
     also International debt
     forgiveness and international
     financial institutions reform;
     International Financial
     Institutions Act
      Personnel practices..............  PL 98-181 Sec 1006....       235
      Sense of Congress................  PL 98-181.............       234
      Study............................  PL 98-181 Sec 1005....       234
    Multilateral Export Control          PL 100-418............      1309
     Enhancement Amendments Act.
      Findings.........................  PL 100-418 Sec 2442...      1310
      Mandatory sanctions against        PL 100-418 Sec 2443...      1310
       Toshiba and Kongsberg.
    Multilateral export control
     violations
      Compensation for diversion of      PL 96-72 Sec 11A(i)...      1402
       militarily critical technologies.
      Damages..........................  PL 96-72 Sec 11A(k)...      1403
      Definitions......................  PL 96-72 Sec 11A(e)...      1401
                                         PL 96-72 Sec 11A(l)...      1403
      Determination by the President...  PL 96-72 Sec 11A(a)...      1399
      Discretionary imposition of        PL 96-72 Sec 11A(h)...      1402
       sanctions.
      Exceptions.......................  PL 96-72 Sec 11A(c)...      1400
      Exclusion........................  PL 96-72 Sec 11A(d)...      1401
      Presidential actions.............  PL 96-72 Sec 11A(j)...      1402
      Reports..........................  PL 96-72 Sec 11A(g)...      1402
      Sanctions........................  PL 96-72 Sec 11A(b)...      1400
      Subsequent modifications of        PL 96-72 Sec 11A(f)...      1401
       sanctions.
    Multilateral Investment Fund
      Contributions to.................  PL 86-147 Sec 37......        77
      Focus on low-income areas of       PL 86-147 Sec 38......        78
       Latin America and the Caribbean.
    Multilateral Investment Guarantee
     Agency. See also International
     debt forgiveness and international
     financial institutions reform;
     International Financial
     Institutions Act; Multilateral
     Investment Guarantee Agency Act
      Assistance establishing financial  PL 101-240 Sec 602....       135
       institutions in Poland, sense of
       Congress.
      Conditional financial assistance   PL 101-240 Sec 603....       136
       to Poland, sense of Congress.
    Multilateral Investment Guarantee    PL 100-202............        56
     Agency Act.
      Arbitral awards enforcement......  PL 100-202 Sec 412....        59
      Arbitral tribunal award..........  PL 100-202 Sec 414....        60
      Bretton Woods Agreements Act       PL 100-202 Sec 408....        58
       applicability.
      Consultations with private sector  PL 100-202 Sec 407....        58
       and labor organization
       representatives.
      Federal Reserve banks as           PL 100-202 Sec 410....        58
       depositories.
      Force and effect of Articles.....  PL 100-202 Sec 413....        60
      Governor and alternate Governor..  PL 100-202 Sec 404....        56
      Jurisdiction of U.S. courts......  PL 100-202 Sec 412....        59
      Membership acceptance............  PL 100-202 Sec 403....        56
      Restrictions.....................  PL 100-202 Sec 409....        58
      Secretary of the Treasury          PL 100-202 Sec 406....        57
       responsibilities.
      Stock subscription...............  PL 100-202 Sec 411....        58
      United States Director,            PL 100-202 Sec 405....        56
       instructions for.
    Myanmar Economic Corporation
      Import restrictions..............  PL 108-61 Sec 3.......      1642

                                        N

    NAFTA. See North American Free
     Trade Agreement
    Nairobi Protocol
      Implementation of
        Duty-free treatment authority..  PL 100-418 Sec 1121...       708
        Purpose........................  PL 100-418 Sec 1121(a)       707
        Reference......................  PL 100-418 Sec 1121(a)       707
        Statistical information........  PL 100-418 Sec 1121(i)       709
    Narcotics. See Drug control
    Narcotics Control Trade Act. See     PL 93-618 Sec 801.....       410
     also Drug control.
      Definitions......................  PL 93-618 Sec 805.....       417
      Progress reports.................  PL 93-618 Sec 804.....       417
      Sugar quota......................  PL 93-618 Sec 803.....       417
      Tariff treatment of products of
       uncooperative drug producing or
       transit countries
        Duration of action.............  PL 93-618 Sec 802(c)..       415
        Presidential action regarding    PL 93-618 Sec 802(d)..       416
         aviation.
        Required action by President...  PL 93-618 Sec 802(a)..       411
                                         PL 93-618 Sec 802(b)..       411
        Secretary of State guidelines..  PL 93-618 Sec 802(e)..       416
    Narcotics traffickers
      Authorities......................  EO 12978 Sec 4........      1501
      Blocking assets..................  EO 12978 Sec 1........      1500
      Definitions......................  EO 12978 Sec 3........      1501
      Foreign Narcotics Kingpin          PL 106-120............      1489
       Designation Act.
        Authorities....................  PL 106-120 Sec 806....      1494
        Blocking assets................  PL 106-120 Sec 805....      1493
        Definitions....................  PL 106-120 Sec 808....      1496
        Enforcement....................  PL 106-120 Sec 807....      1495
        Findings and policy............  PL 106-120 Sec 802....      1489
        Judicial Review Commission on    PL 106-120 Sec 810....      1496
         Foreign Asset Control.
        Prohibiting transactions.......  PL 106-120 Sec 805(c).      1494
        Public identification..........  PL 106-120 Sec 804....      1490
        Purpose........................  PL 106-120 Sec 803....      1490
        Reports........................  PL 106-120 Sec 804....      1490
      Prohibiting transactions.........  EO 12978 Sec 2........      1501
    National Advisory Council on         EO 11269..............       246
     International Monetary and
     Financial Policies.
      Chairman's annual report.........  PL 95-118 Sec 1701....       198
    National Advisory Council on
     International Monetary and
     Financial Policies--Continued
      Establishment of.................  EO 11269 Sec 1........       246
                                         PL 79-171 Sec 4.......         5
      Functions of.....................  EO 11269 Sec 2........       246
      Information transmittal..........  EO 11269 Sec 4........       248
      Inter-American Development Bank    PL 86-147 Sec 4.......        62
       applicability.
      International Development          PL 86-565 Sec 4.......        42
       Association applicability.
      International Finance Corporation  PL 84-350 Sec 4.......        51
       Act applicability.
      Secretary of State, functions of.  EO 11269 Sec 7........       248
      Secretary of the Treasury,         EO 11269 Sec 3........       247
       functions of.
    National Critical Materials Act of   PL 98-373.............      1726
     1984.
      Advanced materials research and    PL 98-373 Sec 205.....      1729
       technology, program and policy.
      Appropriations authorization.....  PL 98-373 Sec 211.....      1732
      Authorities of Council...........  PL 98-373 Sec 204(b)..      1729
      Authority........................  PL 98-373 Sec 210.....      1732
      Basic and advanced materials       PL 98-373 Sec 206.....      1730
       industries, innovation in.
      Compensation of members..........  PL 98-373 Sec 207(a)..      1731
      Cooperative efforts..............  PL 98-373 Sec 204(c)..      1729
      Definition.......................  PL 98-373 Sec 212.....      1733
      Director, responsibilities and     PL 98-373 Sec 209.....      1732
       duties.
      Executive Director, position and   PL 98-373 Sec 208.....      1731
       authorities.
      Findings.........................  PL 98-373 Sec 202(a)..      1726
      National Critical Materials        PL 98-373 Sec 203.....      1727
       Council establishment.
      Purpose..........................  PL 98-373 Sec 202(b)..      1727
      Reimbursements...................  PL 98-373 Sec 207(b)..      1731
      Responsibilities of Council......  PL 98-373 Sec 204(a)..      1728
    National Defense Authorization Act   PL 101-510............      1312
     for FY 1991.
      Benefit information for            PL 101-510 Sec 4304...      1314
       businesses.
      Export financing for goods and
       services produced by former
       defense production firms
        Coordination...................  PL 101-510 Sec 4303(c)      1313
        Export-Import Bank.............  PL 101-510 Sec 4303(a)      1312
        Report.........................  PL 101-510 Sec 4303(d)      1314
        Small Business Act.............  PL 101-510 Sec 4303(b)      1313
    National emergencies
      Anchorage and movement of vessels  Pres. Proc. 6867......      1554
       into Cuban territory.
      Burma............................  EO 13310..............      1652
      Clean Diamond Trade Act..........  EO 13312..............      1681
      Export Administration Act          EO 12981..............      1444
       Continuation.
      Iran.............................  EO 12170..............      1603
                                         EO 12613..............      1605
                                         EO 12957..............      1606
                                         EO 12959..............      1608
                                         EO 13059..............      1611
      Iraq.............................  EO 13290..............      1578
                                         EO 13303..............      1580
                                         EO 13315..............      1583
                                         EO 13364..............      1589
      Iraq emergency, termination of...  EO 13350..............      1587
      Liberia..........................  EO 13348..............      1684
      Libya............................  EO 13357..............      1635
      Narcotics traffickers............  EO 12978..............      1500
      National Emergencies Act. See      PL 94-412.............      1473
       also International Emergency
       Economic Powers Act.
    National emergencies--Continued
      National Emergencies Act--
       Continued
        Declarations of future
         emergencies
          Authorities..................  PL 94-412 Sec 201.....      1473
          Termination of...............  PL 94-412 Sec 202.....      1474
        Exercise of emergency powers     PL 94-412 Sec 301.....      1475
         and authorities.
        Presidential accountability and  PL 94-412 Sec 401.....      1475
         reporting requirements.
        Terminating existing declared    PL 94-412 Sec 101.....      1473
         emergencies.
      Proliferation....................  EO 13382..............      1512
      Russia...........................  EO 13159..............      1671
      Sudan............................  EO 13067..............      1668
      Syria............................  EO 13338..............      1623
      Terrorists.......................  EO 12947..............      1509
                                         EO 13224..............      1504
                                         EO 13372..............      1503
      Western Balkans..................  EO 13219..............      1660
      Zimbabwe.........................  EO 13288..............      1687
    National Emergencies Act. See also   PL 94-412.............      1473
     International Emergency Economic
     Powers Act.
      Declarations of future
       emergencies
        Authorities....................  PL 94-412 Sec 201.....      1473
        Termination of.................  PL 94-412 Sec 202.....      1474
      Exercise of emergency powers and   PL 94-412 Sec 301.....      1475
       authorities.
      Presidential accountability and    PL 94-412 Sec 401.....      1475
       reporting requirements.
      Terminating existing declared      PL 94-412 Sec 101.....      1473
       emergencies.
    National League for Democracy......  PL 108-61 Sec 2.......      1640
    National security
      Export controls
        Agricultural commodities         PL 96-72 Sec 5(q).....      1363
         exclusion.
        Authority......................  PL 96-72 Sec 5(a).....      1343
        Commercial agreements with       PL 96-72 Sec 5(j).....      1361
         certain countries.
        Control list...................  PL 96-72 Sec 5(c).....      1346
        Diversion of controlled goods    PL 96-72 Sec 5(l).....      1361
         or technology.
        Export licenses................  PL 96-72 Sec 5(e).....      1350
        Foreign availability...........  PL 96-72 Sec 5(f).....      1351
        Goods containing controlled      PL 96-72 Sec 5(m).....      1362
         parts and components.
        Indexing.......................  PL 96-72 Sec 5(g).....      1357
        Militarily critical              PL 96-72 Sec 5(d).....      1349
         technologies.
        Multilateral export controls...  PL 96-72 Sec 5(i).....      1360
        National Security Control        PL 96-72 Sec 5(p).....      1362
         Office.
        Negotiations with countries....  PL 96-72 Sec 5(k).....      1361
        Policy toward individual         PL 96-72 Sec 5(b).....      1345
         countries.
        Recordkeeping..................  PL 96-72 Sec 5(o).....      1362
        Security measures..............  PL 96-72 Sec 5(n).....      1362
        Technical advisory committees..  PL 96-72 Sec 5(h).....      1358
      Export controls, study...........  PL 100-418 Sec 2433...      1308
      Import sanctions for export        PL 87-794 Sec 233.....       870
       violations.
      Machine tool import arrangements   PL 100-418 Sec 1501...       738
       enforcement.
      Trade agreements.................  PL 87-794 Sec 232.....       867
    National Security Control Office
      Export controls..................  PL 96-72 Sec 5(p).....      1362
    National Trade Data Bank
      Access to information............  PL 100-418 Sec 5412...       770
      Collection of data...............  PL 100-418 Sec 5411...       770
      Consultation with private sector   PL 100-418 Sec 5404...       766
       and government officials.
      Cooperation among executive        PL 100-418 Sec 5405...       766
       agencies.
      Definitions......................  PL 100-418 Sec 5401...       765
    National Trade Data Bank--Continued
      Establishment of.................  PL 100-418 Sec 5406...       767
      Exclusion of information.........  PL 100-418 Sec 5409...       769
      Fees.............................  PL 100-418 Sec 5412...       770
      Interagency Trade Data Advisory
       Committee
        Functions of...................  PL 100-418 Sec 5402...       766
                                         PL 100-418 Sec 5403...       766
      Nonduplication...................  PL 100-418 Sec 5410...       769
      Operation of.....................  PL 100-418 Sec 5407...       768
      Report...........................  PL 100-418 Sec 5413...       770
      Service sector information.......  PL 100-418 Sec 5408...       769
    Natural resources. See
     Environmental issues
    Netherlands Antilles. See Caribbean
     Basin Economic Recovery Act
    News media
      Cuba, news bureaus in............  PL 104-114 Sec 114....      1531
    Nicaragua. See also Caribbean Basin
     Economic Recovery Act
      International Monetary Fund/World  PL 79-171 Sec 38......        20
       Bank assistance to, sense of
       Congress.
      Trade benefits for...............  PL 101-382 Sec 241....       985
    NLD. See National League for
     Democracy
    Nongovernmental organizations
      Improvement of interaction with    PL 95-118 Sec 1617....       190
       the International Bank for
       Reconstruction and Development.
      Institution-building for           PL 95-118 Sec 1616....       189
       organizations concerned with the
       environment.
    Normal trade relations. See also     PL 108-429............      1170
     Most-favored-nation treatment
      Albania..........................  PL 102-363............      1192
                                         PL 106-200 Sec 301....      1178
      Armenia
        Termination of application of    PL 108-429 Sec 2001...      1170
         Title IV of the Trade Act of
         1974.
      China, People's Republic of
        Termination of application of    PL 106-286 Sec 101....      1176
         Chapter 1 of Title IV of the
         Trade Act of 1974.
      Findings and policy..............  PL 105-206 Sec 5003(a)       668
      Georgia
        Findings.......................  PL 106-476 Sec 3001...      1174
        Termination of application of    PL 106-476 Sec 3002...      1175
         Title IV of the Trade Act of
         1974.
      Kyrgyzstan.......................  PL 106-200 Sec 302....      1179
      Laos
        Extension of trade relations...  PL 108-429 Sec 2005...      1171
      Mongolia
        Nondiscriminatory treatment,     PL 102-157............      1198
         extension of.
                                         PL 106-36 Sec 2424....      1181
      Savings provisions...............  PL 105-206 Sec 5003(c)       669
      Union of Soviet Socialist          PL 102-197............      1193
       Republics.
      Vietnam..........................  PL 107-52.............      1173
    Normal value
      Adjustments......................  PL 71-361 Sec 773(a)..       578
      Constructed value................  PL 71-361 Sec 773(e)..       582
                                         PL 71-361 Sec 773(f)..       583
      Cost of production calculation,    PL 71-361 Sec 773(f)..       583
       special rules.
      Determination of.................  PL 71-361 Sec 773(a)..       576
      Exportation from an intermediate   PL 71-361 Sec 773(a)..       577
       country.
      Fictitious markets...............  PL 71-361 Sec 773(a)..       577
      Indirect sales or offers for sale  PL 71-361 Sec 773(a)..       578
      Nonmarket economy countries......  PL 71-361 Sec 773(c)..       581
      Price............................  PL 71-361 Sec 773(a)..       576
    Normal value--Continued
      Sales at less than cost of         PL 71-361 Sec 773(b)..       579
       production.
      Special rule for multinational     PL 71-361 Sec 773(d)..       581
       corporations.
      Third country sales..............  PL 71-361 Sec 773(a)..       577
      Use of constructed value.........  PL 71-361 Sec 773(a)..       578
    North American Agreement on
     Environmental Cooperation
      Implementation                     EO 12915..............      1061
        Consultation with states.......  EO 12915 Sec 2(e).....      1063
        Environmental effects of the     EO 12915 Sec 2(c).....      1062
         North American Free Trade
         Agreement.
        Judicial review................  EO 12915 Sec 5........      1064
        National Advisory Committee....  EO 12915 Sec 3........      1063
        Policy.........................  EO 12915 Sec 1........      1061
        Priorities.....................  EO 12915 Sec 2(a).....      1061
        Transparency and public          EO 12915 Sec 2(d).....      1062
         participation.
        U.S. contributions to the        EO 12915 Sec 4........      1063
         Commission.
        U.S. representation on the       EO 12915 Sec 2(b).....      1062
         Council.
      U.S. participation in Commission.  PL 103-182 Sec 532....       957
    North American countries
      Trade relations with, sense of     PL 93-618 Sec 612.....       410
       Congress.
    North American Development Bank.
     See Border Environment Cooperation
     Commission and the North American
     Development Bank Agreement;
     Foreign Operations Appropriations
     Instructions, FY 2006; North
     American Development Bank Act;
     North American Development Bank
     Amendments
    North American Development Bank Act  PL 103-182............       113
      Actions not to be taken without    PL 103-182 Sec 541(e).       114
       authorization.
      Board members compensation.......  PL 103-182 Sec 541(c).       114
      Border Environment Cooperation
       Agreement
        Authority to agree to certain    PL 103-182 Sec 545....       118
         amendments.
        Definition.....................  PL 103-182 Sec 544....       118
      Bretton Woods Agreements Act       PL 103-182 Sec 541(d).       114
       applicability.
      Community adjustment and
       investment program
        Advisory committee.............  PL 103-182 Sec 543(b).       116
        Ombudsman......................  PL 103-182 Sec 543(c).       118
        President......................  PL 103-182 Sec 543(a).       116
        Reporting requirement..........  PL 103-182 Sec 543(d).       118
      Federal Reserve banks as           PL 103-182 Sec 541(f).       114
       depositories.
      Grants out of paid-in capital      PL 103-182 Sec 546....       118
       resources.
      Jurisdiction of U.S. courts......  PL 103-182 Sec 541(g).       114
      Membership acceptance............  PL 103-182 Sec 541(a).       113
      Securities issued as exempt,       PL 103-182 Sec 541(h).       115
       filing with Securities and
       Exchange Commission.
      Status, immunities, and            PL 103-182 Sec 542....       116
       privileges.
      Stock subscription...............  PL 103-182 Sec 541(b).       113
    North American Development Bank      PL 108-215............       120
     Amendments.
      Annual report....................  PL 108-215 Sec 2......       120
      Financing projects, sense of       PL 108-215 Sec 6......       123
       Congress.
      Water conservation in............  PL 108-215 Sec 3......       121
                                         PL 108-215 Sec 4......       122
                                         PL 108-215 Sec 5......       122
    North American Free Trade Agreement
      Binational panel review of         PL 71-361 Sec 516A(g).       460
       countervailing and antidumping
       duty proceedings.
      Definitions......................  PL 96-39 Sec 481......       861
    North American Free Trade
     Agreement--Continued
      Proprietary information
       disclosure
        Comment by consumers and         PL 71-361 Sec 777(h)..       596
         industrial users.
        Contents of protective orders..  PL 71-361 Sec 777(f)..       593
        Issuance of protective orders..  PL 71-361 Sec 777(f)..       591
        Prohibited acts................  PL 71-361 Sec 777(f)..       593
        Publication of determinations..  PL 71-361 Sec 777(i)..       596
        Requirements for final           PL 71-361 Sec 777(i)..       596
         determinations.
        Sanctions......................  PL 71-361 Sec 777.....       593
        Testimony and production of      PL 71-361 Sec 777(f)..       594
         papers.
      Sanitary and phytosanitary
       measures
        Definitions....................  PL 96-39 Sec 463......       858
        General provisions.............  PL 96-39 Sec 461......       857
        Inquiry point..................  PL 96-39 Sec 462......       857
      Standards-related measures
        Definitions....................  PL 96-39 Sec 473......       860
        General provisions.............  PL 96-39 Sec 471......       859
        Inquiry point..................  PL 96-39 Sec 472......       859
    North American Free Trade Agreement  PL 103-182............       947
     Implementation Act. See also
     Border Environment Cooperation
     Commission and the North American
     Development Bank Agreement
      Acceptance by President of panel   EO 12889 Sec 2........      1057
       and committee decisions.
      Appointments to Chapter 20 panel   PL 103-182 Sec 106....       952
       proceedings.
      Approval of agreement............  PL 103-182 Sec 101(a).       948
      Border Environmental Cooperation   PL 103-182 Sec 533....       958
       Commission agreement.
      Center for the Study of Western
       Hemispheric Trade
        Appropriations authorization...  PL 103-182 Sec 515....       956
      Conditions for entry into force    PL 103-182 Sec 101(b).       948
       of agreement.
      Congressional intent regarding     PL 103-182 Sec 108....       952
       future accessions.
      Consultation and layover           PL 103-182 Sec 103....       950
       requirements for proclaimed
       actions.
      Definitions......................  PL 103-182 Sec 2......       947
      Environmental Cooperation          PL 103-182 Sec 532....       957
       Agreement.
      Government procurement procedures  EO 12889 Sec 5........      1058
      Government use of patented         EO 12889 Sec 6........      1058
       technology.
      Implementing actions in            PL 103-182 Sec 104(a).       951
       anticipation of entry into force.
      Initial regulations..............  PL 103-182 Sec 104(b).       951
      Judicial review..................  EO 12889 Sec 7........      1059
      Labor cooperation agreement......  PL 103-182 Sec 531....       957
      NAFTA Secretariat, establishment   EO 12889 Sec 1........      1057
       of United States section.
                                         PL 103-182 Sec 105....       951
      Operation and effects of the       PL 103-182 Sec 512....       955
       agreement, review of.
      Relationship of agreement to       PL 103-182 Sec 102....       948
       United States and state law.
      Safeguard provisions for textile   EO 12889 Sec 3........      1057
       and apparel goods.
      Technical regulations and          EO 12889 Sec 4........      1057
       sanitary and phytosanitary
       measures, publication of
       proposed rules.
      Termination of NAFTA status......  PL 103-182 Sec 109....       954
    NTR. See Normal trade relations
    Nuclear power plants
      Cuba, withholding foreign          PL 104-114 Sec 111....      1529
       assistance from supporters of
       Juragua plant.
    Nuclear weapons
      Blocking property of the           EO 13159..............      1671
       government of the Russian
       Federation relating to the
       disposition of highly enriched
       uranium.
    Nutrition
      International Bank for             PL 95-118 Sec 1618....       191
       Reconstruction and Development
       programs.
      International financial            PL 95-118 Sec 901.....       156
       institutions promotion in
       developing countries.

                                        O

    OECD. See Organization for Economic
     Coordination and Development
    Omnibus Trade and Competitiveness    PL 100-418............       685
     Act of 1988.
                                         PL 100-418............      1280
      Accession of state trading         PL 100-418 Sec 1106...       705
       regimes to the General Agreement
       on Tariffs and Trade or the
       World Trade Organization.
      American Institute of Taiwan
        Commercial personnel...........  PL 100-418 Sec 2201...      1284
      Antidumping and countervailing
       duty law enforcement
        Reference to Title VII of the    PL 100-418 Sec 1311...       723
         Tariff Act of 1930.
        Third-country dumping..........  PL 100-418 Sec 1317...       723
      Barter and countertrade..........  PL 100-418 Sec 2205...      1286
      Budget Act regulations...........  PL 100-418 Sec 2503...      1311
      Caribbean Basin Initiative.......  PL 100-418 Sec 1909...       740
      China, market orientation study..  PL 100-418 Sec 1336(a)       724
      Competitiveness impact statements  PL 100-418 Sec 5421...       771
      Competitiveness Policy Council
       Act
        Annual report..................  PL 100-418 Sec 5208...       764
        Appropriations authorization...  PL 100-418 Sec 5209...       765
        Definitions....................  PL 100-418 Sec 5210...       765
        Details........................  PL 100-418 Sec 5206(d)       762
        Duties of......................  PL 100-418 Sec 5204...       758
        Establishment of...............  PL 100-418 Sec 5203...       758
        Executive director.............  PL 100-418 Sec 5206(a)       762
        Experts and consultants........  PL 100-418 Sec 5206(b)       762
        Findings and purposes..........  PL 100-418 Sec 5202...       757
        Membership.....................  PL 100-418 Sec 5205...       759
        Powers of......................  PL 100-418 Sec 5207...       762
        Staff..........................  PL 100-418 Sec 5206(b)       762
      Countries providing weaponry to    PL 100-418 Sec 2102...      1282
       belligerent countries in the
       Persian Gulf region, sense of
       Congress.
      Crude oil production and refining  PL 100-418 Sec 1935...       742
       capacity in the United States,
       effect of imports.
      Cuba, enforcement of restrictions  PL 100-418 Sec 1911...       741
       on imports from.
      Currency exchange rate             PL 100-418 Sec 1124...       710
       negotiations.
      Definitions......................  PL 100-418 Sec 1107...       706
      Domestically produced crude oil,   PL 100-418 Sec 2424...      1306
       exports of.
      Duty-free sales enterprises......  PL 100-418 Sec 1901...       739
      Environmental trade promotion
        Definition.....................  PL 100-418 Sec 2313(k)      1305
        Environmental Technologies       PL 100-418 Sec 2313(c)      1301
         Trade Advisory Committee.
        Environmental Trade Promotion    PL 100-418 Sec 2313(b)      1300
         Working Group.
        Environmental training.........  PL 100-418 Sec 2313(g)      1303
        Export alliances...............  PL 100-418 Sec 2313(j)      1305
    Omnibus Trade and Competitiveness
     Act of 1988--Continued
      Environmental trade promotion--
       Continued
        Export plans for priority        PL 100-418 Sec 2313(d)      1301
         countries.
        International regional           PL 100-418 Sec 2313(h)      1303
         environmental initiatives.
        Project advocacy calendar and    PL 100-418 Sec 2313(i)      1304
         information dissemination
         program.
        Statement of policy............  PL 100-418 Sec 2313(a)      1300
        Technologies specialists in the  PL 100-418 Sec 2313(f)      1302
         United States and Foreign
         Commercial Service.
        Trade information..............  PL 100-418 Sec 2313(e)      1302
      Ethyl alcohol studies............  PL 100-418 Sec 1910...       740
      Exchange rates and international
       economic policy coordination
        Definitions....................  PL 100-418 Sec 3006...       746
        Findings.......................  PL 100-418 Sec 3002...       743
        International negotiations.....  PL 100-418 Sec 3004...       745
        Reporting requirements.........  PL 100-418 Sec 3005...       745
        Statement of policy............  PL 100-418 Sec 3003...       744
      Export policy, report............  PL 100-418 Sec 2314...      1305
      Export promotion programs          PL 100-418 Sec 2305...      1296
       appropriations authorization.
      Export trading companies, report.  PL 100-418 Sec 2311...      1297
      Fair Trade in Auto Parts Act of
       1988
        Definition.....................  PL 100-418 Sec 2122...      1282
        Expiration date................  PL 100-418 Sec 2125...      1284
        Japan..........................  PL 100-418 Sec 2123...      1282
                                         PL 100-418 Sec 2124...      1283
      Financial reports
        Bank loan loss reserves........  PL 100-418 Sec 3604...       756
        Fair trade in financial          PL 100-418 Sec 3603...       756
         services.
        Foreign treatment of U.S.        PL 100-418 Sec 3602...       755
         financial institutions,
         quadrennial reports.
      Foreign shipping practices
        Foreign laws and practices.....  PL 100-418 Sec 10002..       775
      Harmonized Tariff Schedule
        Commission report on operation   PL 100-418 Sec 1216...       720
         of.
        Commission review and            PL 100-418 Sec 1205...       714
         recommendations.
        Congressional approval of U.S.   PL 100-418 Sec 1203...       712
         accession to the Convention.
        Coordination of trade policy     PL 100-418 Sec 1209...       716
         and the Convention.
        Customs Cooperation Council      PL 100-418 Sec 1210...       716
         regarding the Convention, U.S.
         participation.
        Definitions....................  PL 100-418 Sec 1202...       711
        Enactment of...................  PL 100-418 Sec 1204...       712
        Import and export statistics...  PL 100-418 Sec 1208...       716
        Interim informational use of     PL 100-418 Sec 1204(d)       714
         classifications.
        Modifications to...............  PL 100-418 Sec 1204(b)       712
        Presidential action on           PL 100-418 Sec 1206...       715
         Commission recommendations.
        Publication of.................  PL 100-418 Sec 1207...       715
        Purposes.......................  PL 100-418 Sec 1201...       711
        Reference to...................  PL 100-418 Sec 1212...       720
        Status of......................  PL 100-418 Sec 1204(c)       713
        Transition to..................  PL 100-418 Sec 1211...       717
      Implementation of................  EO 12661..............       908
        Accession of state trading       EO 12661 Sec 1-101....       908
         regimes to the General
         Agreement on Tariffs and Trade.
        Countertrade and barter........  EO 12661 Sec 2-101....       909
        Executive oversight............  EO 12661 Sec 5-101....       910
    Omnibus Trade and Competitiveness
     Act of 1988--Continued
      Implementation of--Continued
        International Trade Commission   EO 12661 Sec 5-301....       911
         report.
        Offsets........................  EO 12661 Sec 5-201....       910
        Regulatory review..............  EO 12661 Sec 5-102....       910
        Reporting functions............  EO 12661 Sec 5-202....       911
        Sanctions against Toshiba and    EO 12661 Sec 2-201....       909
         Kongsberg.
        Steel imports..................  EO 12661 Sec 1-301....       908
        Strengthening international      EO 12661 Sec 5-401....       911
         institutions.
        Telecommunications trade.......  EO 12661 Sec 1-401....       908
        Uniform fee on imports.........  EO 12661 Sec 1-501....       908
        Wine barriers..................  EO 12661 Sec 1-201....       908
      Import competition adjustment
        Certification methods study....  PL 100-418 Sec 1429...       737
        Imposition of small uniform fee  PL 100-418 Sec 1428...       736
         on all imports.
      Indian tribes export promotion...  PL 100-418 Sec 2307...      1296
      Intellectual property rights
        Findings and purposes..........  PL 100-418 Sec 1341...       725
        Identification of countries      PL 100-418 Sec 1303...       720
         denying protection of.
        Protection of, sense of          PL 100-418 Sec 2206...      1288
         Congress.
        Protection under Tariff Act of   PL 100-418 Sec 1342...       725
         1930.
      International Coffee Agreement     PL 100-418 Sec 1123...       710
       Act of 1980 extension.
      International debt
        Findings.......................  PL 100-418 Sec 3102...       747
        Limited purpose Special Drawing  PL 100-418 Sec 3123...       752
         Rights for the poorest heavily
         indebted countries.
        Provisions relating to the       PL 100-418 Sec 3121...       751
         regulation of depository
         institutions.
        Purposes.......................  PL 100-418 Sec 3103...       747
        Regulation of depository         PL 100-418 Sec 3122...       751
         institutions, studies relating
         to.
        Statement of policy............  PL 100-418 Sec 3104...       748
      International Debt Management
       Authority
        Actions to facilitate creation   PL 100-418 Sec 3112...       750
         of the Authority.
        Directive......................  PL 100-418 Sec 3111(a)       748
        Final report...................  PL 100-418 Sec 3111(d)       749
        International Monetary Fund-     PL 100-418 Sec 3113...       750
         World Bank review.
        Interim reports................  PL 100-418 Sec 3111(c)       749
        Objectives.....................  PL 100-418 Sec 3111(b)       749
      Japan
        Arab boycott of Israel, sense    PL 100-418 Sec 2209...      1289
         of Congress.
        Coal exports to................  PL 100-418 Sec 1933...       741
        Importation of manufactured      PL 100-418 Sec 2208...      1288
         goods from less developed
         countries.
        Investigation of barriers to     PL 100-418 Sec 1305...       721
         certain U.S. services.
        Purchases of U.S.-made           PL 100-418 Sec 1934...       742
         automotive parts.
        Supercomputer trade dispute....  PL 100-418 Sec 1307...       722
        Trade and economic relations     PL 100-418 Sec 1306...       721
         with.
      Jewelry trade, facilitation of,    PL 100-418 Sec 2210...      1289
       sense of Congress.
      Lamb meat imports................  PL 100-418 Sec 1937...       743
      Legislative history of H.R. 3      PL 100-418 Sec 2......       690
       applicable.
      License application procedures...  PL 100-418 Sec 2425...      1308
    Omnibus Trade and Competitiveness
     Act of 1988--Continued
      Market Development Cooperator
       Program
        Budget Act regulations.........  PL 100-418 Sec 2303(d)      1295
        Cooperator Partnership Program.  PL 100-418 Sec 2303(c)      1294
        Implementation of..............  PL 100-418 Sec 2303(b)      1294
        Secretary of Commerce authority  PL 100-418 Sec 2303(a)      1293
      Mixtures for fuel use studies....  PL 100-418 Sec 1910...       740
      Multilateral Export Control
       Enhancement
        Findings.......................  PL 100-418 Sec 2442...      1310
        Mandatory sanctions against      PL 100-418 Sec 2443...      1310
         Toshiba and Kongsberg.
      Nairobi Protocol implementation
        Duty-free treatment............  PL 100-418 Sec 1121(g)       708
                                         PL 100-418 Sec 1121(h)       708
        Purpose........................  PL 100-418 Sec 1121(a)       707
        Reference......................  PL 100-418 Sec 1121(a)       707
        Statistical information........  PL 100-418 Sec 1121(i)       709
      National defense expenditures,     PL 100-418 Sec 5423...       772
       impact on international
       competitiveness.
      National security
        Machine tool import              PL 100-418 Sec 1501...       738
         arrangements enforcement.
      National security export           PL 100-418 Sec 2433...      1308
       controls, study.
      National Trade Data Bank
        Access to information..........  PL 100-418 Sec 5412...       770
        Collection of data.............  PL 100-418 Sec 5411...       770
        Consultation with private        PL 100-418 Sec 5404...       766
         sector and government
         officials.
        Cooperation among executive      PL 100-418 Sec 5405...       766
         agencies.
        Definitions....................  PL 100-418 Sec 5401...       765
        Establishment of...............  PL 100-418 Sec 5406...       767
        Exclusion of information.......  PL 100-418 Sec 5409...       769
        Fees...........................  PL 100-418 Sec 5412...       770
        Interagency Trade Data Advisory  PL 100-418 Sec 5402...       766
         Committee.
          Functions of.................  PL 100-418 Sec 5403...       766
        Nonduplication.................  PL 100-418 Sec 5410...       769
        Operation of...................  PL 100-418 Sec 5407...       768
        Report.........................  PL 100-418 Sec 5413...       770
        Service sector information.....  PL 100-418 Sec 5408...       769
      Overall trade negotiating          PL 100-418 Sec 1101(a)       691
       objectives.
      Overseas Private Investment
       Corporation
        Reaffirmation of support.......  PL 100-418 Sec 2203(a)      1284
      Primary dealers
        Requirement of national          PL 100-418 Sec 3502...       754
         treatment in underwriting
         government debt instruments.
      Principal trade negotiating
       objectives
        Access to high technology......  PL 100-418 Sec 1101(b)       695
        Agriculture....................  PL 100-418 Sec 1101(b)       692
        Border taxes...................  PL 100-418 Sec 1101(b)       696
        Current account surpluses......  PL 100-418 Sec 1101(b)       692
        Developing countries...........  PL 100-418 Sec 1101(b)       692
        Dispute settlement.............  PL 100-418 Sec 1101(b)       691
        Foreign direct investment......  PL 100-418 Sec 1101(b)       694
        Improvement of GATT and          PL 100-418 Sec 1101(b)       691
         multilateral trade negotiation
         agreements.
        Intellectual property..........  PL 100-418 Sec 1101(b)       694
        Safeguards.....................  PL 100-418 Sec 1101(b)       695
        Specific barriers..............  PL 100-418 Sec 1101(b)       695
        Trade and monetary coordination  PL 100-418 Sec 1101(b)       692
        Trade in services..............  PL 100-418 Sec 1101(b)       693
        Transparency...................  PL 100-418 Sec 1101(b)       692
    Omnibus Trade and Competitiveness
     Act of 1988--Continued
      Principal trade negotiating
       objectives--Continued
        Unfair trade practices.........  PL 100-418 Sec 1101(b)       693
        Worker rights..................  PL 100-418 Sec 1101(b)       695
      Reciprocal nondiscriminatory       PL 100-418 Sec 1105...       704
       treatment.
      Sematech, study and report by      PL 100-418 Sec 5422...       771
       Advisory Council on Federal
       Participation in.
      Small business
        Globalization of production....  PL 100-418 Sec 8009...       772
        National seminar on exports....  PL 100-418 Sec 8011...       774
        Promulgation of regulations....  PL 100-418 Sec 8013...       774
        Trade negotiations.............  PL 100-418 Sec 8012...       774
        Trade remedy assistance........  PL 100-418 Sec 8010...       773
      Telecommunications trade
        Action to ensure compliance....  PL 100-418 Sec 1380...       734
        Actions to be taken if no        PL 100-418 Sec 1376...       730
         foreign trade agreement
         obtained.
        Compensation authority.........  PL 100-418 Sec 1378...       733
        Consultations..................  PL 100-418 Sec 1379...       733
        Definitions....................  PL 100-418 Sec 1373...       727
        Findings and purposes..........  PL 100-418 Sec 1371...       726
        Foreign trade barriers,          PL 100-418 Sec 1374...       728
         investigation of.
        International obligations......  PL 100-418 Sec 1382...       735
        Negotiations in response to      PL 100-418 Sec 1375...       728
         foreign trade barriers
         investigation.
        Review of trade agreement        PL 100-418 Sec 1377...       732
         implementation by Trade
         Representative.
        Submission of data.............  PL 100-418 Sec 1380...       734
        Telecommunications               PL 100-418 Sec 1381...       735
         competitiveness in the U.S.
         study.
      Trade, customs, and tariff laws
        Findings and purposes..........  PL 100-418 Sec 1001...       690
      Trade agreement negotiating
       authority
        Agreements regarding nontariff   PL 100-418 Sec 1102(b)       697
         barriers.
        Agreements regarding tariff      PL 100-418 Sec 1102(a)       696
         barriers.
        Bilateral agreements regarding   PL 100-418 Sec 1102(c)       698
         tariff and nontariff barriers.
        Consultation with Congress       PL 100-418 Sec 1102(d)       698
         before agreements entered into.
        Uruguay Round trade              PL 100-418 Sec 1102(e)       699
         negotiations, special
         provisions regarding.
      Trade agreements implementation
        Computation of periods of time.  PL 100-418 Sec 1103(d)       704
        Congressional ``fast track''     PL 100-418 Sec 1103(b)       701
         procedures.
        House of Representatives and     PL 100-418 Sec 1103(d)       703
         Senate rules.
        Limitations on use of ``fast     PL 100-418 Sec 1103...       700
         track'' procedures.
                                         PL 100-418 Sec 1103(c)       702
      Trade agreements termination and   PL 100-418 Sec 1105...       704
       reservation authority.
      Trade and Development Program
        Administrative provisions......  PL 100-418 Sec 2204(d)      1285
        Funding levels.................  PL 100-418 Sec 2204(b)      1284
        Reaffirmation of support.......  PL 100-418 Sec 2204(a)      1284
      Trade barriers established by      PL 100-418 Sec 1936...       743
       auto producing countries and
       impact on U.S. market, study of.
      Trade Promotion Coordinating
       Committee
        Duties.........................  PL 100-418 Sec 2312(b)      1298
        Establishment and purpose......  PL 100-418 Sec 2312(a)      1298
    Omnibus Trade and Competitiveness
     Act of 1988--Continued
      Trade Promotion Coordinating
       Committee--Continued
        Member qualifications..........  PL 100-418 Sec 2312(e)      1299
        Membership.....................  PL 100-418 Sec 2312(d)      1299
        Report.........................  PL 100-418 Sec 2312(f)      1299
        Strategic plan.................  PL 100-418 Sec 2312(c)      1298
      Trade shows......................  PL 100-418 Sec 2304...      1295
      United States and Foreign
       Commercial Service
        Audits.........................  PL 100-418 Sec 2301(g)      1292
        Cooperation in Federal           PL 100-418 Sec 2301(f)      1292
         financing and insurance
         programs.
        Definitions....................  PL 100-418 Sec 2301(j)      1293
        Establishment of...............  PL 100-418 Sec 2301(a)      1289
        Information dissemination......  PL 100-418 Sec 2301(e)      1292
        Offices........................  PL 100-418 Sec 2301(c)      1290
        Pacific Rim Initiative.........  PL 100-418 Sec 2306...      1296
        Pay of Assistant Secretary and   PL 100-418 Sec 2301(i)      1293
         Director General.
        Rank of Commercial Service       PL 100-418 Sec 2301(d)      1291
         officers in foreign missions.
        Report.........................  PL 100-418 Sec 2301(h)      1293
        Statement of purpose...........  PL 100-418 Sec 2301(b)      1290
      United States-EC agreement on      PL 100-418 Sec 1122...       709
       citrus and pasta implementation.
      United States-Mexico Framework     PL 100-418 Sec 2101...      1282
       Agreement on Trade and
       Investment.
      Wine trade barriers, reports on    PL 100-418 Sec 1125...       710
       negotiations to eliminate.
      Wood exports, monitoring.........  PL 100-418 Sec 2432...      1308
      Worker rights, report............  PL 100-418 Sec 2207...      1288
    Organization for Economic
     Coordination and Development
      Environmental protection           PL 101-240 Sec 722....       137
       assistance negotiations.
    Organization of American States
      Emergency fund...................  PL 104-114 Sec 109(b).      1527
      Opposition to Cuban government     PL 104-114 Sec 105....      1525
       participation.
    Overseas Private Investment
     Corporation
      International trade functions....  RP No. 3 of 1979 Sec 4       895
      Reaffirmation of support.........  PL 100-418 Sec 2203(a)      1284

                                        P

    Palestine Liberation Organization
      International Monetary Fund        PL 79-171 Sec 37......        19
       membership, denial of.
    Panama. See Caribbean Basin
     Economic Recovery Act
    Par Value Modification Act
      International financial            PL 92-268 Sec 3.......       242
       institutions holdings maintained
       in terms of gold.
    Paris Economy Pact
      International Trade Commission     PL 71-361 Sec 332(c)..       429
       investigations.
    Pelosi amendment...................  PL 95-118 Sec 1307....       161
    People's Republic of China. See
     China, People's Republic of
    Persian Gulf
      Trade relations with countries     PL 100-418 Sec 2102...      1282
       providing weaponry to
       belligerent countries, sense of
       Congress.
    Peru. See Andean Trade Preference
     Act
    Petroleum products
      Prohibiting transactions with      EO 12957..............      1606
       respect to development of
       Iranian resources.
      Short supply export controls.....  PL 96-72 Sec 7(e).....      1379
                                         PL 96-72 Sec 7(f).....      1380
    Petroleum refining
      Effect of imports on capacity in   PL 100-418 Sec 1935...       742
       the United States.
    Pharmaceuticals. See HIV/AIDS
     pharmaceuticals
    Phytosanitary measures. See
     Sanitary and phytosanitary
     measures
    PLO. See Palestine Liberation
     Organization
    Poland
      Assistance by multilateral         PL 101-240 Sec 602....       135
       lending institutions to
       establish financial
       institutions, sense of Congress.
      Conditional financial assistance   PL 101-240 Sec 603....       136
       by multilateral lending
       institutions, sense of Congress.
      Loan requests to International     PL 101-240 Sec 601....       135
       Bank for Reconstruction and
       Development and the
       International Monetary Fund,
       sense of Congress.
    Pork products
      Imports from Canada..............  PL 98-573 Sec 250.....       789
    Poverty
      Export-Import Bank special debt    PL 79-173 Sec 14......      1262
       relief for poorest, most heavily
       indebted countries.
      Heavily Indebted Poor Countries
       Initiative
        Improvement of.................  PL 95-118 Sec 1623....       193
        Modification of................  PL 95-118 Sec 1625....       196
    Presidential action
      Import injury caused by            PL 93-618 Sec 203.....       326
       competition.
                                         PL 93-618 Sec 203(b)..       329
      International Trade Commission     PL 100-418 Sec 1206...       715
       recommendations on Harmonized
       Tariff Schedule.
      Market disruption................  PL 93-618 Sec 421(k)..       387
      Mexican debt
        Certification regarding swap of  PL 104-6 Sec 406......       211
         currencies through exchange
         stabilization fund or Federal
         Reserve.
        Report of short- and long-term   PL 104-6 Sec 403......       209
         currency swaps.
      Tariff treatment of products of    PL 93-618 Sec 802.....       411
       uncooperative drug producing or
       transit countries.
      Trade diversion..................  PL 93-618 Sec 422(h)..       391
    President's Export Council.........  EO 12131..............      1452
    Primary Dealers Act of 1988
      Requirement of national treatment  PL 100-418 Sec 3502...       754
       in underwriting government debt
       instruments.
    Production
      Equalization of costs............  PL 71-361 Sec 336.....       433
      Uniform statistical data.........  PL 93-618 Sec 608.....       409
    Proprietary information
      Access to........................  PL 71-361 Sec 777(b)..       587
      Disclosure under protective
       orders issued pursuant to the
       North American Free Trade
       Agreement or the United States-
       Canada Agreement
        Comment by consumers and         PL 71-361 Sec 777(h)..       596
         industrial users.
    Proprietary information--Continued
      Disclosure under protective
       orders issued pursuant to the
       North American Free Trade
       Agreement or the United States-
       Canada Agreement--Continued
        Contents of orders.............  PL 71-361 Sec 777(f)..       593
        Enforcement of sanctions.......  PL 71-361 Sec 777(f)..       594
        Issuance of orders.............  PL 71-361 Sec 777(f)..       591
        Prohibited acts................  PL 71-361 Sec 777(f)..       593
        Publication of determinations..  PL 71-361 Sec 777(i)..       596
        Requirements for final           PL 71-361 Sec 777(i)..       596
         determinations.
        Review of sanctions............  PL 71-361 Sec 777(f)..       594
        Sanctions for violation of       PL 71-361 Sec 777(f)..       593
         protective orders.
        Testimony and production of      PL 71-361 Sec 777(f)..       594
         papers.
        Violations of protective orders  PL 71-361 Sec 777(g)..       595
         and sanctions.
      Limited disclosure of certain      PL 71-361 Sec 777(c)..       589
       information under protective
       order.
      Service..........................  PL 71-361 Sec 777(d)..       591
    Public health
      Effect of pending multilateral     PL 95-118 Sec 1703....       201
       development bank loans.
      Enhanced HIPC Initiative,          PL 95-118 Sec 1625....       196
       modification of.
    Puerto Rico
      Duty-free treatment under          PL 98-67 Sec 214......      1049
       Caribbean Basin Economic
       Recovery Act.

                                        R

    Red cedar, unprocessed
      Short supply export controls.....  PL 96-72 Sec 7(i).....      1383
    Regional development banks
      African Development Bank           PL 97-35 Sec 1337.....        97
       depositories.
      African Development Fund           PL 94-302 Sec 207.....       102
       depositories.
      European Bank for Reconstruction   PL 101-513 Sec 562....       109
       and Development depositories.
      Inter-American Investment          PL 98-473 Sec 206.....        80
       Corporation depositories.
      International Development          PL 86-565 Sec 6.......        42
       Association depositories.
      International Monetary Fund/World  PL 79-171 Sec 6.......         8
       Bank Group depositories.
      Middle East Development Bank       PL 104-208 Sec 705....       124
       depositories.
      Multilateral Investment Guarantee  PL 100-202 Sec 410....        58
       Agency depositories.
      North American Development Bank    PL 103-182 Sec 541(f).       114
       depositories.
    Reorganization Plan No. 3 of 1979
      International trade functions      RP No. 3 1979.........       893
        Department of Commerce.........  RP No. 3 1979 Sec 2...       894
        East-West Foreign Trade Board    RP No. 3 1979 Sec 6...       897
         abolition.
        Export-Import Bank of the        RP No. 3 1979 Sec 3...       895
         United States.
        Incidental transfers...........  RP No. 3 1979 Sec 8...       897
        Interim officers...............  RP No. 3 1979 Sec 8...       897
        Overseas Private Investment      RP No. 3 1979 Sec 4...       895
         Corporation.
        Secretary of State               RP No. 3 1979 Sec 7...       897
         responsibility.
        Transfer of functions..........  RP No. 3 1979 Sec 5...       895
        United States Trade              RP No. 3 1979 Sec 1...       893
         Representative, Office of.
    Reports to Congress
      Africa trade and development       PL 103-465 Sec 134(b).       675
       policy.
      African Development Bank           PL 97-35 Sec 1341.....        99
       securities issued as exempt.
      Agricultural commodity producers   PL 106-200 Sec 408....       653
       trade adjustment assistance.
      AID credit guarantees to finance   PL 102-549 Sec 307....       680
       capital projects, feasibility of.
      Andean Trade Preference Act
        Beneficiary countries..........  PL 102-182 Sec 203(f).       964
        Impact of......................  PL 102-182 Sec 206....       978
      Anti-bribery and fair competition  PL 105-366 Sec 6......      1756
       enforcement and monitoring.
      Asian Development Bank securities  PL 89-369 Sec 11......        86
       issued as exempt.
      Barriers to market access,         PL 93-618 Sec 181(b)..       309
       estimates of.
      Beneficiary developing countries.  PL 93-618 Sec 504.....       402
      Burma
        Economic sanctions against.....  PL 101-382 Sec 138....      1650
        Freezing assets of Burmese       PL 108-61 Sec 4.......      1643
         regime in the United States.
        Policy toward..................  PL 104-208 Sec 570(d).      1648
        Support for democracy activists  PL 108-61 Sec 8.......      1644
      Cambodia
        Most-favored-nation treatment..  PL 104-203 Sec 3......      1184
      Capital flight, elimination of...  PL 101-240 Sec 404(c).       130
      Capital projects.................  PL 102-549 Sec 305....       679
      Caribbean Basin tax havens, use    PL 98-67 Sec 223......      1054
       of.
      Center for the Study of Western    PL 98-67 Sec 219(h)...      1053
       Hemispheric Trade.
      China, People's Republic of
        Compliance with WTO obligations  PL 106-286 Sec 421....      1154
        Task force on prohibition of     PL 106-286 Sec 505....      1156
         importation of products of
         forced or prison labor.
      Competitiveness Policy Council...  PL 100-418 Sec 5208...       764
      Congressional-Executive            PL 106-286 Sec 302(g).      1148
       Commission on the People's
       Republic of China.
      Controlled substances, list of     PL 93-618 Sec 606.....       408
       foreign countries producing,
       processing, or transporting.
      Cuba
        Assistance program coordination  PL 104-114 Sec 203(c).      1538
        Commerce with and assistance     PL 104-114 Sec 108....      1526
         from other countries.
      Debt reduction for highly          PL 101-240 Sec 405....       131
       indebted countries, developing
       U.S. policy.
      Denial of foreign tax credit to    PL 99-514 Sec 901.....      1480
       certain countries.
      Diamond import and export control  PL 108-19 Sec 12......      1679
      Discriminatory procurement         EO 13116 Sec 1........       917
       practices.
      Dominican Republic-Central         PL 109-53 Sec 403(a)..       934
       America-United States Free Trade
       Agreement Implementation Act.
      Employment and trade adjustment    PL 106-200 Sec 401....       651
       assistance.
      Environmental impact of proposed   PL 95-118 Sec 1307(f).       163
       multilateral development bank
       actions, assessment of.
      Environmental trade promotion,     PL 102-429 Sec 204....      1278
       insurance feasibility.
      European Bank for Reconstruction   PL 101-513 Sec 562....       111
       and Development securities
       issued as exempt.
      Exchange rates and international   PL 100-418 Sec 3005...       745
       economic policy coordination.
      Export-Import Bank
        Assistance to small businesses.  PL 107-189 Sec 8(c)...      1266
    Reports to Congress--Continued
      Export-Import Bank--Continued
        Employee compensation..........  PL 102-429 Sec 117(c).      1276
        Environmental policy and         PL 79-173 Sec 11(c)...      1259
         procedures.
        Export credit competition......  PL 95-630 Sec 1913....      1327
        Financing in the national        PL 79-173 Sec 2(b)....      1228
         interest, Presidential
         determination.
        Financing of services..........  PL 102-429 Sec 119....      1276
        Loan loss reserves.............  PL 79-173 Sec 2(b)....      1219
                                         PL 79-173 Sec 8.......      1249
                                         PL 101-240 Sec 101(e).       127
        Private insurance role.........  PL 99-472 Sec 16......      1317
        Regional offices...............  PL 102-429 Sec 118....      1276
        Sale of defense articles or      PL 79-173 Sec 2(b)....      1235
         services.
        Trade finance demand for Baltic  PL 102-429 Sec 120....      1277
         States, independent States of
         the former Soviet Union, and
         Central and Eastern Europe.
      Exports
        Administration.................  PL 96-72 Sec 14.......      1417
        Controls on high performance     PL 105-85 Sec 1212....      1428
         computers.
        Developing countries...........  PL 100-418 Sec 3303...      1316
        Financing for goods and          PL 101-510 Sec 4303(d)      1314
         services produced by former
         defense production firms.
        License application processing.  PL 96-72 Sec 10(n)....      1394
        Policy.........................  PL 100-418 Sec 2314...      1305
        Promotion barter arrangements..  PL 99-64 Sec 203(e)...      1434
        Trade certificates of review...  PL 97-290 Sec 304.....       815
        Trading companies..............  PL 97-290 Sec 205.....       812
                                         PL 100-418 Sec 2311...      1297
      Financial stabilization programs   PL 95-118 Sec 1704....       201
       led by the International
       Monetary Fund with financing
       from the exchange stabilization
       fund.
      Foreign corrupt practices          PL 100-418 Sec 5003...      1752
       international agreement.
      Foreign currency transactions....  31 USC Sec 5315.......       236
      Foreign direct investment
        Government Accountability        PL 101-533 Sec 4......      1709
         Office.
        Secretary of Commerce..........  PL 101-533 Sec 3......      1707
      Foreign investment study.........  PL 93-479 Sec 10......      1695
      Foreign laws and practices.......  PL 100-418 Sec               777
                                          10002(g).
      Foreign narcotics kingpin public   PL 106-120 Sec 804....      1490
       identification.
      Foreign treatment of U.S.          PL 100-418 Sec 3602...       755
       financial institutions.
      General Agreement on Tariffs and
       Trade
        Negotiations...................  PL 96-39 Sec 304(d)...       835
        Operation of...................  PL 96-39 Sec 203......       829
                                         PL 96-39 Sec 453......       857
        Rules of origin................  PL 96-39 Sec 305(c)...       836
      Government Accountability Office
        Comparative reserve practices    PL 107-189 Sec 14.....      1267
         of export credit agencies and
         private banks.
        Trade adjustment assistance....  PL 93-618 Sec 280.....       342
      Government-owned enterprises in    PL 95-118 Sec 1607....       181
       countries receiving World Bank
       loans.
      Government procurement trade       PL 96-39 Sec 305(k)...       842
       agreements.
      Grassroots Collaboration Program,  PL 95-118 Sec 1602(e).       177
       establishment and operation.
      Greenhouse gas intensity.........  PL 101-240 Sec 732....       138
    Reports to Congress--Continued
      Greenhouse gas intensity--
       Continued
                                         PL 101-240 Sec 734....       140
                                         PL 101-240 Sec 735....       140
      Harmonized Tariff Schedule         PL 100-418 Sec 1216...       720
       operation.
      Hong Kong Policy Act of 1992
        Requirements...................  PL 102-383 Sec 301....      1166
        Separate part of country         PL 102-383 Sec 302....      1167
         reports.
      IBRD policy based lending for      PL 100-461 Sec 3......       144
       debt reduction.
      Impact of trade promotion          PL 107-210 Sec 2111...       646
       authority.
      Import injury caused by            PL 93-618 Sec 203(b)..       329
       competition, action by President.
      Import prohibition enforcement,    PL 71-361 Sec 308.....       419
       dog and cat fur products.
      Increasing productive economic     PL 95-118 Sec 1613(b).       186
       participation of the poor.
      Indentured child labor             EO 13126 Sec 4........       921
       prohibition.
      Independent states of the former
       Soviet Union
        Debt held by commercial          PL 102-511 Sec 1007...       213
         financial institutions.
      Intellectual property rights,      PL 93-618 Sec 182(g)..       314
       identification of countries
       denying adequate protection or
       market access for.
      Inter-American Development Bank
        Audit..........................  PL 86-147 Sec 14......        65
        Development and utilization of   PL 86-147 Sec 28......        70
         light-capital or intermediate
         technologies.
        Securities issued as exempt....  PL 86-147 Sec 11......        64
      Inter-American Investment          PL 98-473 Sec 210(b)..        82
       Corporation securities issued as
       exempted.
      International Coffee Agreement...  PL 96-599 Sec 5.......      1735
      International Cultural and Trade   PL 100-113 Sec 8(h)...       785
       Center Commission.
      International Debt Management      PL 100-418 Sec 3111...       749
       Authority.
      International Emergency Economic   PL 95-223 Sec 204(c)..      1471
       Powers authorities.
      International Finance Corporation  PL 84-350 Sec 13......        54
       securities issued as exempt.
      International financial
       institutions
        Administrative provisions......  PL 95-118 Sec 1504(b).       173
        Development of standard for      PL 95-118 Sec 703.....       155
         protection of human rights.
        Loans..........................  PL 95-118 Sec 701(c)..       153
        Microenterprise credit           PL 95-118 Sec 1603(c).       178
         promotion activities.
        Policies, operations and         PL 106-429 Sec 803....       218
         management.
      International financial system,    PL 95-118 Sec 1705....       203
       IMF reform, and IMF agreements
       compliance, state of.
      International Trade Commission
        Caribbean Basin Economic         EO 12661 Sec 5-301....       911
         Recovery Act impact.
                                         PL 98-67 Sec 215......      1050
        Investigations.................  PL 71-361 Sec 332(g)..       430
                                         PL 93-618 Sec 202(f)..       324
        Trade agreements program.......  PL 93-618 Sec 163(c)..       306
      Involvement of women in            PL 95-118 Sec 1604....       178
       multilateral development bank
       activities.
      Iran and Libya Sanctions Act of    PL 104-172 Sec 10.....      1598
       1996.
      Iraq sanctions...................  PL 101-513 Sec 586J...      1574
      Japan, purchases of U.S.-made      PL 100-418 Sec 1934(c)       742
       automotive parts.
    Reports to Congress--Continued
      Judicial Review Commission on      PL 106-120 Sec 810(g).      1498
       Foreign Asset Control.
      Limited purpose Special Drawing    PL 100-418 Sec 3123...       752
       Rights for the poorest heavily
       indebted countries.
      Linkage of debt reduction loans    PL 101-240 Sec 407....       132
       to reduction in drug trafficking.
      Mark to market accounting........  PL 101-240 Sec 403....       129
      Mexican debt
        Presidential report of short-    PL 104-6 Sec 403......       209
         and long-term currency swaps.
        Secretary of the Treasury        PL 104-6 Sec 404......       209
         report of short- and long-term
         currency swaps.
      Middle East Development Bank       PL 104-208 Sec 709....       126
       securities issued as exempt.
      Military-related exports, impact   50 USC App Sec 2099...      1435
       of offsets.
      Multilateral development bank      PL 95-118 Sec 1703....       201
       loans, effect of pending loans
       on environment, natural
       resources, public health, and
       indigenous peoples.
      Multilateral development banks,    PL 95-118 Sec 1702....       201
       operating summaries of.
      Multilateral export control        PL 96-72 Sec 11A(g)...      1402
       violations.
      Narcotics control progress         PL 93-618 Sec 804.....       417
       concerning drug producing or
       transit countries.
      National Advisory Council on       PL 79-171 Sec 59(b)...        33
       International Monetary and
       Financial Policies.
                                         PL 95-118 Sec 1701....       198
      National Trade Data Bank.........  PL 100-418 Sec 5413...       770
      North American Development Bank
        Community adjustment and         PL 103-182 Sec 543(d).       118
         investment program.
                                         PL 108-215 Sec 2......       120
        Securities.....................  PL 103-182 Sec 541(h).       115
      Reciprocal competitive             PL 96-39 Sec 302(c)...       833
       procurement practices impact.
      Secretary of the Treasury, IMF     PL 79-171 Sec 34......        19
       resources.
      Sematech, Advisory Council on      PL 100-418 Sec 5422...       771
       Federal Participation in.
      Sub-saharan Africa, trade          PL 106-200 Sec 106....      1082
       benefits to.
      Syria accountability and Lebanese  PL 108-175 Sec 6......      1622
       sovereignty restoration.
      Technology inventory in            PL 101-240 Sec 733....       140
       developing countries.
      Tied aid credit program..........  PL 79-173 Sec 10(g)...      1256
                                         PL 100-418 Sec 3302(c)      1315
      Trade agreements authority.......  PL 107-210 Sec 2103(c)       632
      Trade agreements program and       PL 93-618 Sec 163(a)..       304
       national trade policy agenda.
      Trade barriers established by      PL 100-418 Sec 1936...       743
       auto producing countries and
       impact on U.S. market.
      Trade Deficit Review Commission..  PL 105-277 Sec 127(e).       663
      Trade expansion priorities.......  EO 12901 Sec 4........       913
                                         EO 13116 Sec 1........       916
      Trade projection report..........  PL 93-618 Sec 163(b)..       305
      Trade Promotion Coordinating       EO 12870 Sec 6........      1330
       Committee.
                                         PL 100-418 Sec 2312(f)      1299
      Trade remedy laws................  PL 107-210 Sec 2104(d)       636
    Reports to Congress--Continued
      Trade remedy laws--Continued
                                         PL 107-210 Sec 2104(e)       638
      Trade sanctions against Toshiba    EO 12661 Sec 2-201....       910
       and Kongsberg.
      Trade sanctions for state          PL 106-387 Sec 906....      1485
       sponsors of international
       terrorism.
      United States and Foreign          PL 100-418 Sec 2301(h)      1293
       Commercial Service.
      United States and Foreign          PL 100-418 Sec 2306...      1296
       Commercial Service Pacific Rim
       Initiative.
      United States-Canada Free-Trade    PL 100-449 Sec 304(f).      1008
       Agreement negotiations regarding
       certain sectors.
      United States-EC agreement on      PL 100-418 Sec 1122(d)       710
       citrus and pasta implementation.
      United States-Israel Free Trade    PL 107-210............      1127
       Agreement.
      United States Trade
       Representative
        Modification and termination of  PL 93-618 Sec 307(b)..       367
         actions concerning unfair
         trade practices.
      Uruguay Round trade agreement      PL 100-418 Sec 1102(e)       699
       negotiating authority.
      Wine trade barriers, negotiations  PL 100-418 Sec 1125...       710
       to eliminate.
      Wool Research, Development, and    PL 106-200 Sec 506(e).       658
       Promotion Trust Fund.
      Worker rights....................  PL 100-418 Sec 2207...      1288
      Working party on worker rights...  PL 103-465 Sec 131(c).       674
    Reserve Account of the Enhanced
     Structural Adjustment Facility
     Trust
      Fund pledge to sell gold to        PL 79-171 Sec 58......        31
       provide resources for.
    Robson, John E.
      Export-Import Bank tribute, sense  PL 107-189 Sec 23.....      1267
       of Congress.
    Romania
      Most-favored-nation treatment
        Findings.......................  PL 104-171 Sec 1......      1185
        Termination of application of    PL 104-171 Sec 2......      1186
         Title IV of the Trade Act of
         1974.
      Trade Act of 1974 waiver.........  EO 11854..............      1214
                                         EO 12772..............      1206
    Rubber
      International Natural Rubber       PL 96-271.............      1737
       Agreement Appropriation
       Authorization.
    Russian Federation
      Blocking government property       EO 13159..............      1671
       relating to the disposition of
       highly enriched uranium
       extracted from nuclear weapons.
      Export-Import Bank of the United   PL 79-173 Sec 2(b)....      1239
       States prohibition relating to.
    Rwanda
      Prohibiting transactions.........  EO 12918..............      1664

                                        S

    Saint Lucia. See Caribbean Basin
     Economic Recovery Act
    Saint Vincent and the Grenadines.
     See Caribbean Basin Economic
     Recovery Act
    Salaries and compensation
      United States and Foreign          PL 100-418 Sec 2301(i)      1293
       Commercial Service Assistant
       Secretary and Director General.
    Sanctions. See individual
     countries; National emergencies
    Sanitary and phytosanitary measures
      Definitions......................  PL 96-39 Sec 463......       858
      General provisions...............  PL 96-39 Sec 461......       857
      Inquiry point....................  PL 96-39 Sec 462......       857
      International standard-setting
       activities
        Definitions....................  PL 96-39 Sec 493......       863
        Equivalence determinations.....  PL 96-39 Sec 492......       862
        Notice of U.S. participation...  PL 96-39 Sec 491......       861
    Secretary of Agriculture
      International Trade Commission     PL 93-618 Sec 294.....       352
       investigation study.
      Trade adjustment assistance for    PL 93-618 Sec 293.....       351
       farmers determinations.
    Secretary of Commerce
      Export trade promotion duties....  PL 97-290 Sec 301.....       813
      Foreign direct investment report.  PL 101-533 Sec 3......      1707
      International Trade Commission     PL 93-618 Sec 264.....       341
       investigation study.
      Market Development Cooperator      PL 100-418 Sec 2303(a)      1293
       Program authority.
    Secretary of Defense
      Export license application         PL 96-72 Sec 10(g)....      1391
       processing procedures.
    Secretary of Labor
      Andean Trade Preference Act        PL 102-182 Sec 207....       979
       impact study.
      Caribbean Basin Economic Recovery  PL 98-67 Sec 216......      1051
       Act impact study.
      International Trade Commission     PL 93-618 Sec 224.....       338
       investigation study.
      Trade adjustment assistance for    PL 93-618 Sec 223.....       338
       workers, determination of
       petition eligibility.
    Secretary of State
      Export license application         PL 96-72 Sec 10(a)....      1388
       processing.
                                         PL 96-72 Sec 10(f)....      1390
      Functions of.....................  EO 11269 Sec 7........       248
      Guidelines for tariff treatment    PL 93-618 Sec 802(e)..       416
       of products of uncooperative
       drug producing or transit
       countries.
      International trade functions....  RP No. 3 of 1979 Sec 7       897
    Secretary of the Treasury
      Agricultural export subsidies,     PL 79-171 Sec 44......        24
       elimination of.
      Debt rescheduling, comparability   PL 79-171 Sec 29......        16
       of treatment policy.
      Dollar-Special Drawing Rights      PL 79-171 Sec 35......        19
       substitution account, sense of
       Congress.
      Foreign commerce and trade         13 USC Sec 303........      1720
       statistics functions.
      Functions of.....................  EO 11269 Sec 3........       247
      Fund bailouts of banks, opposing.  PL 79-171 Sec 46......        26
      IMF interest rates, adoption of..  PL 79-171 Sec 48......        27
      IMF report.......................  PL 79-171 Sec 34......        19
      Import discrimination by foreign   PL 71-361 Sec 338(h)..       447
       countries, rules and regulations.
      Inter-American Development Bank    PL 86-147 Sec 14......        65
       Act audit.
      International cooperation........  PL 79-171 Sec 47......        26
      Mexican debt, report of short-     PL 104-6 Sec 404......       209
       and long-term currency swaps.
      Multilateral Investment Guarantee  PL 100-202 Sec 406....        57
       Agency responsibilities.
                                         PL 100-202 Sec 407....        58
      Payment of U.S. subscription to    PL 79-171 Sec 7.......         8
       the International Monetary Fund.
    Secretary of the Treasury--
     Continued
      Stabilization programs             PL 79-171 Sec 30......        16
       consultation.
      Trade provisions.................  PL 79-171 Sec 49......        27
    Securities
      Foreign Corrupt Practices Act
       Amendments of 1988
        International agreement........  PL 100-418 Sec 5003...      1752
      Foreign Corrupt Practices Act of   PL 95-213.............      1741
       1977.
        Prohibited foreign trade         PL 95-213 Sec 104.....      1741
         practices by domestic concerns.
        Prohibited foreign trade         PL 95-213 Sec 104A....      1748
         practices by persons other
         than issuers or domestic
         concerns.
    Securities and Exchange Commission
      African Development Bank Act       PL 97-35 Sec 1341.....        99
       exempt securities, report.
      Asian Development Bank securities  PL 89-369 Sec 11......        86
       issued as exempt, report.
      European Bank for Reconstruction   PL 101-513 Sec 562....       110
       and Development securities
       issued as exempt, report.
      Inter-American Development Bank    PL 86-147 Sec 11......        64
       Act issued exempt securities,
       report.
      Inter-American Investment          PL 98-473 Sec 210(b)..        82
       Corporation Act securities,
       report.
      International Finance Corporation  PL 84-350 Sec 13......        54
       issued exempt securities, report.
      Middle East Development Bank       PL 104-208 Sec 709....       126
       securities issued as exempt,
       report.
      North American Development Bank    PL 103-182 Sec 541(h).       115
       Act securities issued as exempt,
       report.
    Security. See National security
    Sematech
      Study and report by Advisory       PL 100-418 Sec 5422...       771
       Council on Federal Participation
       in.
    Serbia
      Most-favored-nation treatment
        Withdrawal of status...........  PL 102-420 Sec 1......      1191
      Restriction on U.S. assistance     PL 106-113 Sec 599B...      1659
       for reconstruction in the
       Balkans region.
      Sanctions against................  PL 106-113 Sec 599....      1657
    Service industry
      International trade..............  PL 98-573 Sec 306.....       792
      United States-Canada Free-Trade    PL 100-449 Sec 304(b).      1006
       Agreement Implementation Act
       negotiating objectives.
    Sierra Leone
      Clean Diamond Trade Act..........  PL 108-19.............      1674
        Definitions....................  PL 108-19 Sec 3.......      1675
        Delegation of authorities......  PL 108-19 Sec 14......      1680
        Enforcement....................  PL 108-19 Sec 8.......      1678
        Findings.......................  PL 108-19 Sec 2.......      1674
        GAO report.....................  PL 108-19 Sec 13......      1680
        Importing and exporting          PL 108-19 Sec 6.......      1677
         authorities.
        Kimberley Process                PL 108-19 Sec 11......      1679
         Implementation Coordinating
         Committee.
        Regulatory authority...........  PL 108-19 Sec 5.......      1677
        Reports........................  PL 108-19 Sec 12......      1679
        Rough diamonds, measures for     PL 108-19 Sec 4.......      1677
         importation and exportation of.
        Sense of Congress..............  PL 108-19 Sec 10......      1678
        Statement of policy............  PL 108-19 Sec 7.......      1678
        Technical assistance...........  PL 108-19 Sec 9.......      1678
      Clean Diamond Trade Act
       implementation
        Assignment of functions........  EO 13312 Sec 2........      1682
        Definitions....................  EO 13312 Sec 4........      1682
    Sierra Leone--Continued
      Clean Diamond Trade Act
       implementation--Continued
        General provisions.............  EO 13312 Sec 5........      1682
        Prohibitions...................  EO 13312 Sec 1........      1681
    Singapore Free Trade Agreement. See
     United States-Singapore Free Trade
     Agreement
    Singapore Free Trade Agreement
     Implementation Act. See United
     States-Singapore Free Trade
     Agreement Implementation Act
    Small Business Act
      Export financing for goods and     PL 101-510 Sec 4303(b)      1313
       services produced by former
       defense production firms.
    Small Business International Trade   PL 100-418............       772
     and Competitiveness Act.
      Globalization of production......  PL 100-418 Sec 8009...       772
      National seminar on exports......  PL 100-418 Sec 8011...       774
      Promulgation of regulations......  PL 100-418 Sec 8013...       774
      Trade negotiations...............  PL 100-418 Sec 8012...       774
      Trade remedy assistance..........  PL 100-418 Sec 8010...       773
    Small businesses
      Export-Import Bank
        Assistance.....................  PL 107-189 Sec 8(c)...      1266
        Programs.......................  PL 79-173 Sec 2(b)....      1222
        Reports........................  PL 79-173 Sec 8.......      1250
      Export license application         PL 96-72 Sec 10(m)....      1394
       processing assistance.
    Software
      Copyright protection.............  PL 98-573 Sec 251.....       789
    South African Democratic Transition  PL 103-149............      1628
     Support Act of 1993.
      Apartheid sanctions laws, repeal   PL 103-149 Sec 4......      1630
       of.
      Consultation with South Africans.  PL 103-149 Sec 10.....      1634
      Cooperative agreements...........  PL 103-149 Sec 8......      1633
      Findings.........................  PL 103-149 Sec 2......      1628
      International financial            PL 103-149 Sec 9......      1633
       institutions.
      Sanctions, repeal of.............  PL 103-149 Sec 4......      1630
      Transition to a non-racial         PL 103-149 Sec 5......      1631
       democracy, U.S. assistance.
      U.S. policy, sense of Congress...  PL 103-149 Sec 3......      1629
    South Korea
      United States and Foreign          PL 100-418 Sec 2306...      1296
       Commercial Service Initiative.
    Southwest Border. See Interagency
     Task Force on the Economic
     Development of the Southwest
     Border
    Southwestern United States
      North American Development Bank    PL 108-215 Sec 5......       122
       projects financing water
       conservation for irrigators and
       agricultural producers, sense of
       Congress.
    Soviet Union
      Trade Act of 1974 waiver.........  EO 12740..............      1209
    SPDC. See State Peace and
     Development Council
    Special Drawing Rights
      For the poorest heavily indebted   PL 100-418 Sec 3123...       752
       countries, limited purpose.
    Special Drawing Rights Act           PL 90-349.............       243
      Administration of................  PL 90-349 Sec 3.......       243
      Allocation authority.............  PL 90-349 Sec 6.......       244
      Effectiveness of agreement.......  PL 90-349 Sec 7.......       244
      Establishment of.................  PL 90-349 Sec 2.......       243
      Purchase of certificates.........  PL 90-349 Sec 4.......       243
    Special Facility for Sub-Saharan
     Africa
      Appropriations authorization.....  PL 86-565 Sec 19......        46
      Eighth replenishment of            PL 86-565 Sec 20......        46
       resources, U.S. payments to.
      Findings.........................  PL 99-190 Sec 101.....        49
      Fourteenth replenishment of        PL 86-565 Sec 23......        48
       resources, U.S. payments to.
      Ninth replenishment of resources,  PL 86-565 Sec 21......        46
       U.S. payments to.
      Thirteenth replenishment of        PL 86-565 Sec 22......        47
       resources, U.S. payments to.
    Special Representative for Trade
     Negotiations
      Trade Agreements Program           EO 11846 Sec 2........       898
       administration.
    St. Kitts and Nevis. See Caribbean
     Basin Economic Recovery Act
    Standards information center
      Establishment and functions of...  PL 96-39 Sec 414......       850
    State, Department of
      Cuban Democracy Act                EO 12854 Sec 2........      1565
       implementation.
    State Peace and Development Council  PL 108-61 Sec 2.......      1640
    Steel Import Stabilization Act.....  PL 98-573.............       798
      Definitions......................  PL 98-573 Sec 804.....       800
      Department of Labor worker         PL 98-573 Sec 807.....       804
       assistance plan.
      Effective period of title........  PL 98-573 Sec 806.....       803
      Enforcement authority............  PL 98-573 Sec 805.....       800
      Findings and purposes............  PL 98-573 Sec 802.....       798
      Steel trade liberalization         PL 98-573 Sec 803.....       799
       program, sense of Congress.
    Steel imports
      Negotiations regarding Canadian    PL 100-449 Sec 309....      1009
       products.
      Steel imports into the United      PL 105-277............       665
       States.
        Findings.......................  PL 105-277 Sec 111(a).       665
        Sense of Congress..............  PL 105-277 Sec 111(b).       666
      United States Trade                EO 12661 Sec 1-301....       908
       Representative functions.
      Voluntary limitations on export    PL 93-618 Sec 607.....       408
       to the United States.
    Strategic and Critical Materials
     Transaction Authorization Act of
     1979
      Appropriations authorization.....  PL 96-175 Sec 2.......      1740
      Authorities......................  PL 96-175 Sec 3.......      1740
                                         PL 96-175 Sec 4.......      1740
                                         PL 96-175 Sec 5.......      1740
    Sub-Saharan Africa. See also
     Special Facility for Sub-Saharan
     Africa
      Designation of countries for       PL 93-618 Sec 506A....       403
       certain trade benefits.
      Export-Import Bank of the United   PL 79-173 Sec 2(b)....      1237
       States commitments.
      Financing human welfare and        PL 95-118 Sec 1609....       182
       natural resource programs in
       connection with debt reduction
       and conversion, initiation of
       discussions.
      Trade policy
        Benefits.......................  PL 106-200............      1084
        Eligibility requirements.......  PL 106-200 Sec 104....      1079
        Findings.......................  PL 106-200 Sec 102....      1078
        Political entities referred to.  PL 106-200 Sec 107....      1082
        Reporting requirement..........  PL 106-200 Sec 106....      1082
        Statement of policy............  PL 106-200 Sec 103....      1079
        Termination of benefits........  PL 93-618 Sec 506B....       404
        United States-Sub-Saharan        PL 106-200 Sec 105....      1080
         Africa Trade and Economic
         Cooperation Forum.
    Sudan
      Blocking government property.....  EO 13067 Sec 1........      1668
      Gum arabic importation...........  PL 106-476 Sec 1464...      1666
      Prohibiting transactions.........  EO 13067..............      1668
    Sugar products
      Duty-free treatment under          PL 98-67 Sec 213(c)...      1044
       Caribbean Basin Economic
       Recovery Act.
      Imports from Communist countries   PL 98-67 Sec 231......      1054
       in the Caribbean Basin, sense of
       Congress.
      International Sugar Agreement,     PL 96-236.............      1738
       1977, implementation.
        Agreement implementation.......  PL 96-236 Sec 2.......      1738
        Criminal offenses..............  PL 96-236 Sec 4.......      1739
        Definitions....................  PL 96-236 Sec 1.......      1738
        Delegation of powers and duties  PL 96-236 Sec 3.......      1739
    Sugar quota
      Treatment of uncooperative drug    PL 93-618 Sec 803.....       417
       producing or transit countries.
    Supercomputers
      Prohibition on licensing with end- PL 101-515 Sec 608....      1576
       user designated as Iraq.
      Trade dispute with Japan.........  PL 100-418 Sec 1307...       722
    Supplementary Financing Facility
      U.S. participation in............  PL 79-171 Sec 28......        15
    Suriname. See Caribbean Basin
     Economic Recovery Act
    Surplus commodities and minerals
      Opposition of multilateral         PL 99-472 Sec 22......      1724
       assistance for.
    Syria
      Exports to
        Blocking property of certain     EO 13338..............      1623
         persons.
    Syria Accountability and Lebanese    PL 108-175............      1615
     Sovereignty Restoration Act of
     2003.
      Appropriate congressional          PL 108-175 Sec 7......      1622
       committees defined.
      Authority to provide assistance..  PL 108-175 Sec 5(c)...      1621
      Certification....................  PL 108-175 Sec 5(d)...      1621
      Findings.........................  PL 108-175 Sec 2......      1615
      Penalties........................  PL 108-175 Sec 5(a)...      1620
      Report...........................  PL 108-175 Sec 6......      1622
      Sense of Congress................  PL 108-175 Sec 3......      1619
      Statement of policy..............  PL 108-175 Sec 4......      1620
      Waiver...........................  PL 108-175 Sec 5(b)...      1621

                                        T

    Taiwan
      Accession to the World Trade       PL 106-286 Sec 601....      1158
       Organization.
      Asian Development Bank Act         PL 89-369 Sec 25......        90
       membership retention, sense of
       Congress.
      International Monetary Fund        PL 79-171 Sec 36......        19
       membership, sense of Congress.
      United States and Foreign          PL 100-418 Sec 2306...      1296
       Commercial Service Initiative.
    Tajikistan and Turkmenistan
      Trade Act of 1974 waiver.........  EO 12811..............      1202
    Taliban
      Trade sanctions for state          PL 106-387 Sec 906....      1484
       sponsors of international
       terrorism.
    Tariff Act of 1930.................  PL 71-361.............       418
      Administrative review of
       determinations
        Correction of ministerial        PL 71-361 Sec 751(h)..       535
         errors.
        Determination that basis for     PL 71-361 Sec 751(f)..       534
         suspension no longer exists.
        Five-year review...............  PL 71-361 Sec 751(c)..       530
    Tariff Act of 1930--Continued
      Administrative review of
       determinations--Continued
        Hearings.......................  PL 71-361 Sec 751(e)..       534
        Implementing results of          PL 71-361 Sec 751(g)..       534
         subsidies enforcement
         proceeding.
        Periodic review of amount of     PL 71-361 Sec 751(a)..       527
         duty.
        Reviews based on changed         PL 71-361 Sec 751(b)..       529
         circumstances.
        Revocation of order or finding.  PL 71-361 Sec 751(d)..       533
        Termination of suspended         PL 71-361 Sec 751(d)..       533
         investigation.
      Antidumping duties
        Assessment of..................  PL 71-361 Sec 736.....       519
        Conditional payment............  PL 71-361 Sec 738.....       523
        Difference between deposit of    PL 71-361 Sec 737.....       522
         estimated and final assessment.
        Establishment of product         PL 71-361 Sec 739.....       523
         categories for short life
         cycle merchandise.
        Final determinations...........  PL 71-361 Sec 735.....       514
        Imposition of..................  PL 71-361 Sec 731.....       497
        Initiating an investigation....  PL 71-361 Sec 732.....       497
        Preliminary determinations.....  PL 71-361 Sec 733.....       502
        Termination or suspension of     PL 71-361 Sec 734.....       507
         investigation.
      Continued dumping and subsidy      PL 71-361 Sec 754.....       543
       offset.
      Countervailing duties
        Assessment of..................  PL 71-361 Sec 706.....       494
        Conditional payment............  PL 71-361 Sec 709.....       496
        Derogation of Export-Import      PL 71-361 Sec 708.....       496
         Bank financing, effect of.
        Difference between deposit of    PL 71-361 Sec 707.....       495
         estimated and final assessment.
        Final determinations...........  PL 71-361 Sec 705.....       489
        Imposition of..................  PL 71-361 Sec 701.....       470
        Preliminary determinations.....  PL 71-361 Sec 703.....       476
        Procedures for initiating an     PL 71-361 Sec 702.....       472
         investigation.
        Termination or suspension of     PL 71-361 Sec 704.....       482
         investigation.
      Countervailing duty and
       antidumping duty proceedings,
       judicial review
        Definitions....................  PL 71-361 Sec 516A(f).       459
        Determinations involving free    PL 71-361 Sec 516A(g).       460
         trade area country merchandise.
        Liquidation in accordance with   PL 71-361 Sec 516A(e).       459
         final decision.
        Liquidation of entries.........  PL 71-361 Sec 516A(c).       458
        Review of determination........  PL 71-361 Sec 516A(a).       454
        Standards of...................  PL 71-361 Sec 516A(b).       457
        Standing.......................  PL 71-361 Sec 516A(d).       459
      Fishery resources, conservation    PL 71-361 Sec 323.....       423
       of.
      Foreign trade agreements
        Altering import restrictions...  PL 71-361 Sec 350(a)..       448
        Authority of President.........  PL 71-361 Sec 350(a)..       448
        Cuba...........................  PL 71-361 Sec 350(b)..       452
        Decrease of rates..............  PL 71-361 Sec 350(b)..       452
        Definitions....................  PL 71-361 Sec 350(c)..       453
        Information and advice from      PL 71-361 Sec 350(f)..       453
         industry, agriculture, and
         labor.
        Modification and decrease of     PL 71-361 Sec 350(a)..       448
         duties.
        Preferential customs treatment.  PL 71-361 Sec 350(b)..       452
        Rate basis for additional        PL 71-361 Sec 350(d)..       453
         increases or decreases.
        Restoration of terminated        PL 71-361 Sec 350(d)..       453
         treaties forbidden.
      General provisions
        Access to information..........  PL 71-361 Sec 777.....       587
    Tariff Act of 1930--Continued
      General provisions--Continued
        Affirmative determinations by    PL 71-361 Sec 771.....       565
         divided Commission.
        Agricultural products, special   PL 71-361 Sec 771.....       559
         rules.
        Antidumping petitions by third   PL 71-361 Sec 783.....       609
         countries.
        Application to governmental      PL 71-361 Sec 771.....       568
         importations.
        Attribution of merchandise to    PL 71-361 Sec 771.....       565
         country of manufacture or
         production.
        Averaging......................  PL 71-361 Sec 777A....       597
        Calculation rules..............  PL 71-361 Sec 771.....       554
        Captive production.............  PL 71-361 Sec 771.....       559
        Circumvention of antidumping     PL 71-361 Sec 781.....       602
         and countervailing duty
         orders, prevention of.
        Conduct of investigations and    PL 71-361 Sec 782.....       606
         administrative reviews.
        Consideration of post-petition   PL 71-361 Sec 771.....       563
         information.
        Constructed export price.......  PL 71-361 Sec 772.....       574
        Countervailable subsidy........  PL 71-361 Sec 771.....       559
                                         PL 71-361 Sec 771B....       573
                                         PL 71-361 Sec 775.....       585
                                         PL 71-361 Sec 777A(e).       598
        Cumulation for determining       PL 71-361 Sec 771.....       562
         material injury.
        Cumulation for determining       PL 71-361 Sec 771.....       563
         threat of material injury.
        Currency conversion............  PL 71-361 Sec 773A....       584
        Definitions....................  PL 71-361 Sec 771.....       547
        Determination of less than fair  PL 71-361 Sec 777A(d).       598
         value.
        Determinations on the basis of   PL 71-361 Sec 776.....       586
         the facts available.
        Downstream product monitoring..  PL 71-361 Sec 780.....       599
        Drawback treatment.............  PL 71-361 Sec 779.....       599
        Equivalency of leases to sales.  PL 71-361 Sec 771.....       567
        Export price...................  PL 71-361 Sec 772.....       574
        Hearings.......................  PL 71-361 Sec 774.....       585
        Interest on overpayments and     PL 71-361 Sec 778.....       599
         underpayments.
        Measurement of economic          PL 71-361 Sec 771.....       555
         development.
        Negligible imports.............  PL 71-361 Sec 771.....       569
        Noncountervailable subsidies     PL 71-361 Sec 771.....       553
         categories.
        Normal value...................  PL 71-361 Sec 773.....       576
        Notified subsidy program.......  PL 71-361 Sec 771.....       556
        Provisional applications.......  PL 71-361 Sec 771.....       556
        Sampling.......................  PL 71-361 Sec 777A....       597
        Special rules..................  PL 71-361 Sec 771.....       547
        Subsidies......................  PL 71-361 Sec 771.....       550
        Threat of material injury......  PL 71-361 Sec 771.....       560
        Upstream subsidies.............  PL 71-361 Sec 771A....       572
        Volume and consequent impact...  PL 71-361 Sec 771.....       557
        Weighted average dumping margin  PL 71-361 Sec 777A(c).       597
         determination.
      Importation prohibition
        Convict-made goods.............  PL 71-361 Sec 307.....       418
        Dog and cat fur products.......  PL 71-361 Sec 308.....       419
      International Trade Commission
        Cooperation with other agencies  PL 71-361 Sec 334.....       432
        Discrimination by foreign        PL 71-361 Sec 338.....       445
         countries.
        Equalization of costs of         PL 71-361 Sec 336.....       433
         production.
        General powers.................  PL 71-361 Sec 331.....       427
        Investigations.................  PL 71-361 Sec 332.....       429
    Tariff Act of 1930--Continued
      International Trade Commission--
       Continued
        Organization of................  PL 71-361 Sec 330.....       423
        Production of papers...........  PL 71-361 Sec 333.....       431
        Rules and regulations..........  PL 71-361 Sec 335.....       433
        Testimony......................  PL 71-361 Sec 333.....       431
        Trade Remedy Assistance Office.  PL 71-361 Sec 339.....       447
        Unfair practices in import       PL 71-361 Sec 337.....       435
         trade.
      Quantitative restriction
       agreements
        Required consultations.........  PL 71-361 Sec 761.....       546
        Required determinations........  PL 71-361 Sec 762.....       546
      Special rules for injury           PL 71-361 Sec 753.....       539
       investigations for
       countervailing duty orders and
       investigations.
      Special rules for reviews........  PL 71-361 Sec 752.....       535
    Tariff treatment of Cuban products.  PL 87-456 Sec 401.....      1055
    Tariffs, Trade Barriers, and the
     Internet
      Declaration that the Internet      PL 105-277 Sec 1203...       667
       should be free of foreign
       tariffs, trade barriers, and
       other restrictions.
    Tax Reform Act of 1986
      Denial of foreign tax credit to    PL 99-514 Sec 901.....      1478
       certain countries.
    Technology
      Deployment in developing
       countries
        Appropriations authorization...  PL 101-240 Sec 738....       142
        Definitions....................  PL 101-240 Sec 731....       138
        Fellowship and exchange          PL 101-240 Sec 737....       142
         programs.
        Greenhouse gas intensity.......  PL 101-240 Sec 732....       138
                                         PL 101-240 Sec 734....       140
                                         PL 101-240 Sec 735....       140
        Technology demonstration         PL 101-240 Sec 736....       141
         projects.
        Technology inventory...........  PL 101-240 Sec 733....       140
      Duties on, modification and        PL 93-618 Sec 128.....       274
       continuance of treatment with
       respect to high technology
       products.
      International financial            PL 95-118 Sec 801.....       156
       institutions promotion of light
       capital technology.
      Negotiating objectives for trade   PL 93-618 Sec 104A(c).       264
       in high technology products.
      Negotiation of agreements          PL 98-573 Sec 308.....       795
       concerning high technology
       industries.
    Telecommunications
      United States Trade                EO 12661 Sec 1-401....       908
       Representative functions.
    Telecommunications Trade Act of      PL 100-418............       726
     1988.
      Action to ensure compliance......  PL 100-418 Sec 1380...       734
      Actions to be taken if no foreign  PL 100-418 Sec 1376...       730
       trade agreement obtained.
      Compensation authority...........  PL 100-418 Sec 1378...       733
      Consultations....................  PL 100-418 Sec 1379...       733
      Definitions......................  PL 100-418 Sec 1373...       727
      Findings and purposes............  PL 100-418 Sec 1371...       726
      Foreign trade barriers,            PL 100-418 Sec 1374...       728
       investigation of.
      International obligations........  PL 100-418 Sec 1382...       735
      Negotiations in response to        PL 100-418 Sec 1375...       728
       foreign trade barriers
       investigation.
      Review of trade agreement          PL 100-418 Sec 1377...       732
       implementation by Trade
       Representative.
      Submission of data...............  PL 100-418 Sec 1380...       734
      Telecommunications                 PL 100-418 Sec 1381...       735
       competitiveness in the U.S.
       study.
    Terrorism
      Blocking property and prohibiting  EO 13224..............      1504
       transactions with terrorists.
                                         EO 13372..............      1503
        Transactions blocked...........  EO 13224 Sec 2........      1505
    Terrorism--Continued
      Export controls
        Countries supporting             PL 96-72 Sec 6(j).....      1367
         international terrorism.
      Iraq, declarations regarding       PL 101-513 Sec 586F(c)      1570
       violations of international law.
      Middle East, terrorists who        EO 12947..............      1509
       threaten to disrupt peace
       process.
      Opposition to financial or         PL 95-435 Sec 6.......        39
       technical assistance to any
       country permitting entry of
       terrorists or failing to prevent
       acts.
      Opposition to international        PL 95-118 Sec 1621....       192
       financial institution assistance
       to terrorist states.
      Trade sanctions for state          PL 106-387 Sec 906....      1484
       sponsors of international
       terrorism.
    Texas
      North American Development Bank    PL 108-215 Sec 3......       121
       projects financing water
       conservation for irrigators and
       agricultural producers in the
       lower Rio Grande River valley,
       sense of Congress.
    Tied Aid Credit Fund
      Expansion of authority to use....  PL 107-189 Sec 10.....      1266
    Tied aid credit program
      Administration of................  PL 79-173 Sec 10(b)...      1253
      Authorization....................  PL 79-173 Sec 10(e)...      1256
      Consistency with arrangement.....  PL 79-173 Sec 10(d)...      1256
      Coordination with other export     PL 79-173 Sec 10(b)...      1253
       financing.
      Countries which engage in          PL 79-173 Sec 10(b)...      1254
       official predatory financing.
      Definitions......................  PL 79-173 Sec 10(h)...      1257
                                         PL 98-181 Sec 647.....      1323
      Establishment of.................  PL 79-173 Sec 10(b)...      1252
      Export-Import Bank and Tied Aid    PL 100-418 Sec 3302...      1315
       Credit Amendments of 1988.
      Export-Import Bank program         PL 98-181 Sec 644.....      1320
       establishment.
      Findings.........................  PL 79-173 Sec 10(a)...      1251
      Fund.............................  PL 79-173 Sec 10(c)...      1256
      Implementation...................  PL 98-181 Sec 646.....      1323
      Negotiating mandate..............  PL 98-181 Sec 643.....      1320
      Nonreviewability.................  PL 79-173 Sec 10(f)...      1256
      Principles, process, and           PL 79-173 Sec 10(b)...      1254
       standards governing use.
      Reconsideration of decisions.....  PL 79-173 Sec 10(b)...      1255
      Report...........................  PL 79-173 Sec 10(g)...      1256
      Statement of purpose.............  PL 98-181 Sec 642.....      1319
      Trade and Development Agency       PL 98-181 Sec 645.....      1321
       program establishment.
    Timber
      Short supply export controls.....  PL 96-72 Sec 7(i).....      1383
    Tobacco Control and Prevention.....  EO 13193..............       928
      General provisions...............  EO 13193 Sec 3........       929
      Responsibilities of Federal        EO 13193 Sec 2........       928
       departments and agencies.
    Toshiba Machine Company
      Mandatory sanctions against......  PL 100-418 Sec 2443...      1310
      Trade sanctions against..........  EO 12661 Sec 2-201....       909
    TPCC. See Trade Promotion
     Coordinating Committee
    Trade Act of 1974. See also          PL 93-618.............       256
     International Trade and Investment
     Act.
      Access supplies..................  PL 93-618 Sec 108.....       266
      Adjustment Assistance              PL 93-618 Sec 281.....       343
       Coordinating Committee.
      Adjustment assistance for farmers
        Definitions....................  PL 93-618 Sec 291.....       349
    Trade Act of 1974--Continued
      Adjustment assistance for
       farmers--Continued
        Group eligibility..............  PL 93-618 Sec 292.....       350
        International Trade Commission   PL 93-618 Sec 294.....       352
         investigation, Secretary of
         Agriculture study.
        Petitions......................  PL 93-618 Sec 292.....       350
        Secretary of Agriculture         PL 93-618 Sec 293.....       351
         determinations.
      Adjustment assistance for firms
        Action where there is            PL 93-618 Sec 264.....       341
         affirmative finding.
        International Trade Commission   PL 93-618 Sec 264.....       341
         investigation, Secretary of
         Commerce study.
        Petitions and determinations...  PL 93-618 Sec 251.....       340
        Technical assistance to          PL 93-618 Sec 265.....       342
         industries.
      Adjustment assistance for workers
        Benefit information............  PL 93-618 Sec 225.....       339
        Downstream producers...........  PL 93-618 Sec 222(c)..       337
        Group eligibility requirements.  PL 93-618 Sec 222.....       336
        International Trade Commission   PL 93-618 Sec 224.....       338
         investigation, Secretary of
         Labor study.
        Petitions......................  PL 93-618 Sec 221.....       335
        Secondary workers..............  PL 93-618 Sec 222(b)..       336
        Secretary of Labor,              PL 93-618 Sec 223.....       338
         determinations by.
        Suppliers......................  PL 93-618 Sec 222(c)..       337
      Advisory Committee for Trade
       Policy and Negotiations
        Meeting at conclusion of         PL 93-618 Sec 135(e)..       281
         negotiations.
      Balance-of-payments authority....  PL 93-618 Sec 122.....       267
      Barriers to and distortions of     PL 93-618 Sec 102.....       258
       trade.
      Barriers to market access,         PL 93-618 Sec 181.....       307
       estimates of.
      Bilateral trade agreements.......  PL 93-618 Sec 105.....       265
      Compensation authority...........  PL 93-618 Sec 123.....       269
      Congressional advisers for trade   PL 93-618 Sec 161.....       302
       policy and negotiations.
      Congressional procedures
        Bills implementing trade         PL 93-618 Sec 151.....       292
         agreements of non-tariff
         barriers.
        Resolutions approving            PL 93-618 Sec 151.....       292
         commercial agreements with
         community countries.
        Resolutions disapproving         PL 93-618 Sec 152.....       296
         certain actions.
        Resolutions relating to          PL 93-618 Sec 153.....       299
         extension of waiver authority
         under section 402.
        Special rules..................  PL 93-618 Sec 154.....       301
      Definitions......................  PL 93-618 Sec 601.....       406
      Developing countries, trade        PL 93-618 Sec 106.....       265
       agreements with.
      Exports of steel to the United     PL 93-618 Sec 607.....       408
       States, voluntary limitations on.
      Fees, imposition of..............  PL 93-618 Sec 287.....       348
      Firms relocating in foreign        PL 93-618 Sec 283.....       343
       countries, notice requirements.
      GATT revision, authorization of    PL 93-618 Sec 121.....       267
       appropriations.
      Generalized System of Preferences
        Agricultural exports of          PL 93-618 Sec 506.....       403
         beneficiary developing
         countries.
        Authority to extend preferences  PL 93-618 Sec 501.....       392
    Trade Act of 1974--Continued
      Generalized System of
       Preferences--Continued
        Beneficiary developing           PL 93-618 Sec 502.....       393
         countries designation.
        Date of termination............  PL 93-618 Sec 505.....       402
        Definitions....................  PL 93-618 Sec 507.....       404
        Eligible articles designation..  PL 93-618 Sec 503.....       397
        Report.........................  PL 93-618 Sec 504.....       402
        Review.........................  PL 93-618 Sec 504.....       402
        Sub-Saharan African countries,   PL 93-618 Sec 506A....       403
         designation for certain
         benefits.
        Sub-Saharan African countries,   PL 93-618 Sec 506B....       404
         termination of benefits.
      Government Accountability Office,  PL 93-618 Sec 280.....       342
       report.
      High technology products,          PL 93-618 Sec 128.....       274
       modification and continuance of
       treatment with respect to duties
       on.
      Import injury caused by
       competition, relief from
        Action by President............  PL 93-618 Sec 203.....       326
        Action with regard to other      PL 93-618 Sec 204(e)..       334
         provisions.
        Agreements.....................  PL 93-618 Sec 203(f)..       332
        Commission recommendations.....  PL 93-618 Sec 202(e)..       323
        Commission report..............  PL 93-618 Sec 202(f)..       324
        Evaluation of effectiveness of   PL 93-618 Sec 204(d)..       334
         action.
        Expedited consideration of       PL 93-618 Sec 202(g)..       325
         adjustment assistance
         petitions.
        Extension of action............  PL 93-618 Sec 204(c)..       334
        Implementation of action         PL 93-618 Sec 203(c)..       329
         recommended by Commission.
        Investigations and               PL 93-618 Sec 202(b)..       317
         determinations by Commission.
                                         PL 93-618 Sec 202(c)..       318
        Limitations on actions.........  PL 93-618 Sec 203(e)..       330
        Limitations on investigations..  PL 93-618 Sec 202(h)..       326
        Limited disclosure of            PL 93-618 Sec 202(i)..       326
         confidential business
         information under protective
         order.
        Monitoring of action...........  PL 93-618 Sec 204(a)..       333
        Petitions and adjustment plans.  PL 93-618 Sec 202(a)..       315
        Positive adjustment to import    PL 93-618 Sec 201.....       314
         competition, action to
         facilitate.
        Provisional relief.............  PL 93-618 Sec 202(d)..       320
        Reduction, modification, and     PL 93-618 Sec 204(b)..       333
         termination of action.
        Regulations....................  PL 93-618 Sec 203(g)..       332
        Time for taking effect of        PL 93-618 Sec 203(d)..       329
         certain relief.
      Imports, exports, and production,  PL 93-618 Sec 608.....       409
       uniform statistical data.
      Intellectual property rights,      PL 93-618 Sec 182.....       310
       identification of countries
       denying adequate protection or
       market access for.
      International drug control.......  PL 93-618 Sec 606.....       408
      International safeguard            PL 93-618 Sec 107.....       265
       procedures.
      International Trade Commission
        Appropriations authorization...  PL 93-618 Sec 175.....       307
        Authorities....................  PL 93-618 Sec 603.....       408
        Change of name of Tariff         PL 93-618 Sec 171.....       307
         Commission.
        Reports........................  PL 93-618 Sec 163(c)..       306
      Judicial review..................  PL 93-618 Sec 284.....       344
      Narcotics Control Trade Act......  PL 93-618 Sec 801.....       410
        Definitions....................  PL 93-618 Sec 805.....       417
        Progress reports...............  PL 93-618 Sec 804.....       417
    Trade Act of 1974--Continued
      Narcotics Control Trade Act--
       Continued
        Sugar quota....................  PL 93-618 Sec 803.....       417
        Tariff treatment of products of  PL 93-618 Sec 802.....       411
         uncooperative drug producing
         or transit countries.
      Negotiating objectives
        Definition of barriers and       PL 93-618 Sec 104A(d).       265
         other distortions.
        Foreign direct investment,       PL 93-618 Sec 104A(b).       263
         trade in.
        High technology products, trade  PL 93-618 Sec 104A(c).       264
         in.
        Overall........................  PL 93-618 Sec 103.....       262
        Sector.........................  PL 93-618 Sec 104.....       262
        Services, trade in.............  PL 93-618 Sec 104A(a).       263
      Negotiations advice
        Advisory Committee for Trade     PL 93-618 Sec 135(b)..       279
         Policy and Negotiations.
                                         PL 93-618 Sec 135(e)..       281
        Advisory committee support.....  PL 93-618 Sec 135(h)..       283
        Advisory committees, scope of    PL 93-618 Sec 135(k)..       284
         member participation.
        Advisory committees established  PL 93-618 Sec 135(l)..       284
         by Department of Agriculture.
        Consultation with advisory       PL 93-618 Sec 135(i)..       284
         committees.
        Executive departments and other  PL 93-618 Sec 132.....       277
         sources.
        Federal Advisory Committee Act,  PL 93-618 Sec 135(f)..       282
         application of.
        General policy, sectoral, or     PL 93-618 Sec 135(c)..       280
         functional advisory committees.
        International Trade Commission.  PL 93-618 Sec 131.....       275
        Policy, technical, and other     PL 93-618 Sec 135(d)..       281
         advice and information.
        Prerequisites for offers.......  PL 93-618 Sec 134.....       278
        Private and public sector        PL 93-618 Sec 135.....       278
         information and advice.
        Private organizations or groups  PL 93-618 Sec 135(j)..       284
        Public hearings................  PL 93-618 Sec 133.....       277
        Trace secrets and confidential   PL 93-618 Sec 135(g)..       282
         information.
      North American countries, trade    PL 93-618 Sec 612.....       410
       relations with, sense of
       Congress.
      Reciprocal nondiscriminatory       PL 93-618 Sec 126.....       273
       treatment.
      Relation to other laws...........  PL 93-618 Sec 602.....       407
      Reports..........................  PL 93-618 Sec 163.....       304
      Reservation of articles for        PL 93-618 Sec 127.....       274
       national security or other
       reasons.
      Rounding authority...............  PL 93-618 Sec 109.....       266
      Russian Federation waiver........  EO 12802..............      1204
      Separability.....................  PL 93-618 Sec 605.....       408
      Staging requirements.............  PL 93-618 Sec 109.....       266
      Statement of purposes............  PL 93-618 Sec 2.......       257
      Tariff schedules, consequential    PL 93-618 Sec 604.....       408
       changes in.
      Termination assistance...........  PL 93-618 Sec 285.....       345
      Termination authority............  PL 93-618 Sec 125.....       272
      Trade Adjustment Assistance Trust  PL 93-618 Sec 286.....       346
       Fund.
      Trade agreements, basic authority  PL 93-618 Sec 101.....       258
       for.
      Trade monitoring system..........  PL 93-618 Sec 282.....       343
      Trade relations with certain
       countries
        Authority to enter into          PL 93-618 Sec 405.....       377
         commercial agreements.
        China, People's Republic of,     PL 93-618 Sec 421(j)..       387
         agreements with.
        Congressional action on          PL 93-618 Sec 407.....       381
         extension of nondiscriminatory
         treatment.
    Trade Act of 1974--Continued
      Trade relations with certain
       countries--Continued
        Czechoslovakia, payment of       PL 93-618 Sec 408.....       382
         amounts owed U.S. citizens and
         nationals.
        Exception of products of         PL 93-618 Sec 401.....       371
         certain countries or areas.
        Extension of nondiscriminatory   PL 93-618 Sec 404.....       376
         treatment.
        Freedom of emigration in east-   PL 93-618 Sec 402.....       371
         west trade.
        Freedom to emigrate to join      PL 93-618 Sec 409.....       382
         close relative in the United
         States.
        Jackson-Vanik amendment........  PL 93-618 Sec 402.....       371
        Market disruption..............  PL 93-618 Sec 406.....       378
                                         PL 93-618 Sec 421.....       383
        Presidential reports...........  PL 93-618 Sec 407.....       381
        Regulations....................  PL 93-618 Sec 423.....       392
        Southeast Asia, cooperation      PL 93-618 Sec 403.....       375
         concerning U.S. personnel
         missing in action.
        Termination of provision.......  PL 93-618 Sec 423.....       392
        Trade diversion, action in       PL 93-618 Sec 422.....       389
         response to.
      Transmission of agreements to      PL 93-618 Sec 162.....       304
       Congress.
      Two-year residual authority to     PL 93-618 Sec 124.....       271
       negotiate duties.
      Unfair trade practices, relief
       from
        Administration.................  PL 93-618 Sec 309.....       368
        Consultation upon initiation of  PL 93-618 Sec 303.....       360
         investigation.
        Determinations by the Trade      PL 93-618 Sec 304.....       361
         Representative.
        Identification of trade          PL 93-618 Sec 310.....       369
         expansion priorities.
        Implementation of actions......  PL 93-618 Sec 305.....       363
        Investigations initiation......  PL 93-618 Sec 302.....       359
        Modification and termination of  PL 93-618 Sec 307.....       366
         actions.
        Monitoring of foreign            PL 93-618 Sec 306.....       365
         compliance.
        Request for information........  PL 93-618 Sec 308.....       367
        Retaliation list, revision of..  PL 93-618 Sec 307(b)..       365
        Review of necessity............  PL 93-618 Sec 307(c)..       367
        United States Trade              PL 93-618 Sec 301.....       353
         Representative actions.
      United States Trade
       Representative, Office of
        Appropriations authorization...  PL 93-618 Sec 141(g)..       290
        Establishment of...............  PL 93-618 Sec 141.....       285
        United States Trade              PL 93-618 Sec 141.....       286
         Representative.
      Waivers
        Albania........................  EO 12809..............      1203
        Armenia........................  EO 12798..............      1205
        Azerbaijan.....................  EO 12809..............      1203
        Belarus........................  EO 13220..............      1201
        Bulgaria.......................  EO 12745..............      1208
        Byelarus.......................  EO 12802..............      1204
        China, People's Republic of....  EO 12167..............      1212
        Czechoslovakia.................  EO 12702..............      1211
        Georgia........................  EO 12809..............      1203
        German Democratic Republic.....  EO 12726..............      1210
        Hungarian People's Republic....  EO 12051..............      1213
        Kazakhstan.....................  EO 12809..............      1203
        Kyrgyzstan.....................  EO 12802..............      1204
        Moldova........................  EO 12809..............      1203
        Mongolia.......................  EO 12746..............      1207
        Romania........................  EO 11854..............      1214
    Trade Act of 1974--Continued
      Waivers--Continued
        Romania--Continued
                                         EO 12772..............      1206
        Russian Federation.............  EO 12802..............      1204
        Soviet Union...................  EO 12740..............      1209
        Tajikistan and Turkmenistan....  EO 12811..............      1202
        Ukraine........................  EO 12809..............      1203
        Uzbekistan.....................  EO 12809..............      1203
      Withdrawal authority.............  PL 93-618 Sec 125.....       272
    Trade Act of 2002..................  PL 107-210............       616
      Fund for WTO dispute settlements.  PL 107-210 Sec 5201...       649
      Textile transshipment provisions
        African Growth and Opportunity   PL 107-210 Sec 353....       617
         Act, implementation of.
      Trade promotion authority
        Committee staff................  PL 107-210 Sec 2109...       645
        Congressional Oversight Group..  PL 107-210 Sec 2107...       643
        Consultations and assessment...  PL 107-210 Sec 2104...       634
        Definitions....................  PL 107-210 Sec 2113...       646
        Findings.......................  PL 107-210 Sec 2101...       617
        Impact of trade promotion        PL 107-210 Sec 2111...       646
         authority, report.
        Implementation and enforcement   PL 107-210 Sec 2108...       645
         requirements.
        Implementation of trade          PL 107-210 Sec 2105...       639
         agreements.
        Interests of small business....  PL 107-210 Sec 2112...       646
        Trade agreements authority.....  PL 107-210 Sec 2103...       629
        Trade negotiating objectives...  PL 107-210 Sec 2102...       618
        Treatment of trade agreements    PL 107-210 Sec 2106...       642
         for which negotiations have
         begun.
    Trade adjustment assistance
      Certification of eligibility for   PL 106-200 Sec 402....       652
       workers required for
       decommissioning or closure of
       facility.
    Trade Adjustment Assistance Trust
     Fund
      Establishment of.................  PL 93-618 Sec 286.....       346
    Trade agreements. See also Trade
     Act of 1974
      Altering import restrictions.....  PL 71-361 Sec 350(a)..       448
      Authority of President...........  PL 71-361 Sec 350(a)..       448
      Cuba.............................  PL 71-361 Sec 350(b)..       452
      Decrease of rates................  PL 71-361 Sec 350(b)..       452
      Definitions......................  PL 71-361 Sec 350(c)..       453
      Information and advice from        PL 71-361 Sec 350(f)..       453
       industry, agriculture, and labor.
      Modification and decrease of       PL 71-361 Sec 350(a)..       448
       duties.
      Preferential customs treatment...  PL 71-361 Sec 350(b)..       452
      Rate basis for additional          PL 71-361 Sec 350(d)..       453
       increases or decreases.
      Restoration of terminated          PL 71-361 Sec 350(d)..       453
       treaties forbidden.
      United States-Mexico Framework     PL 100-418 Sec 2101...      1282
       Agreement on Trade and
       Investment.
    Trade Agreements Act of 1979.......  PL 96-39..............       820
      Approval of trade agreements.....  PL 96-39 Sec 2........       820
      Consultations with                 PL 96-39 Sec 417......       852
       representatives of domestic
       interests.
      Contracts and grants.............  PL 96-39 Sec 415......       851
      Countervailing and antidumping
       duties
        Conforming changes.............  PL 96-39 Sec 106......       828
        Pending investigations.........  PL 96-39 Sec 102......       824
        Transition rules...............  PL 96-39 Sec 104......       826
      Customs valuation
        Presidential report on           PL 96-39 Sec 203......       829
         operation of the General
         Agreement on Tariffs and Trade.
        Transition to standards........  PL 96-39 Sec 204......       829
    Trade Agreements Act of 1979--
     Continued
      Definitions......................  PL 96-39 Sec 451......       855
                                         PL 96-39 Sec 481......       861
      Exemptions under title...........  PL 96-39 Sec 452......       856
      Export trade policy, study.......  PL 96-39 Sec 1110.....       865
      Government procurement
        Annual report on foreign         PL 96-39 Sec 305(d)...       836
         discrimination.
        Availability of information to   PL 96-39 Sec 307......       843
         congressional advisers.
        Civil aircraft, waiver of        PL 96-39 Sec 303......       834
         discriminatory purchasing
         requirements.
        Consultation...................  PL 96-39 Sec 305(e)...       839
        Definitions....................  PL 96-39 Sec 308......       843
        Discrimination procedures......  PL 96-39 Sec 305(g)...       841
        Discrimination purchasing        PL 96-39 Sec 301......       830
         requirements, general
         authority to modify.
        Expansion of the coverage of     PL 96-39 Sec 304......       834
         the General Agreement on
         Tariffs and Trade.
        Federal Register notices of      PL 96-39 Sec 305(j)...       842
         actions.
        Limitations on imposing          PL 96-39 Sec 305(h)...       842
         sanctions.
        Monitoring and enforcement.....  PL 96-39 Sec 305......       835
        Reciprocal competitive           PL 96-39 Sec 302......       831
         procurement practices,
         authority to encourage.
        Renegotiation of the General     PL 96-39 Sec 305(i)...       842
         Agreement on Tariffs and Trade
         to secure full and open
         competition.
        Reports........................  PL 96-39 Sec 305(c)...       836
                                         PL 96-39 Sec 305(k)...       842
        Rules of origin................  PL 96-39 Sec 305(b)...       836
        Violations of the General        PL 96-39 Sec 305(f)...       839
         Agreement on Tariffs and Trade.
      Import license auction...........  PL 96-39 Sec 1102.....       864
      International standard-setting
       activities
        Definitions....................  PL 96-39 Sec 493......       863
        Equivalence determinations.....  PL 96-39 Sec 492......       862
        Notice of U.S. participation...  PL 96-39 Sec 491......       861
      International standards            PL 96-39 Sec 413......       848
       organizations, representation of
       U.S. interests.
      International trade functions of   PL 96-39 Sec 1109.....       864
       the United States government,
       reorganizing and restructuring.
      Operation of the General           PL 96-39 Sec 453......       857
       Agreement on Tariffs and Trade,
       reports.
      Purposes.........................  PL 96-39 Sec 1........       820
      Relationship of agreements to      PL 96-39 Sec 3........       823
       U.S. law.
      Sanitary and phytosanitary
       measures
        Definitions....................  PL 96-39 Sec 463......       858
        General provisions.............  PL 96-39 Sec 461......       857
        Inquiry point..................  PL 96-39 Sec 462......       857
      Standards information center.....  PL 96-39 Sec 414......       850
      Standards-related activities
        Findings of reciprocity          PL 96-39 Sec 441......       854
         required in administrative
         proceedings.
        Not cause for stay.............  PL 96-39 Sec 442......       854
      Standards-related measures
        Definitions....................  PL 96-39 Sec 473......       860
        General provisions.............  PL 96-39 Sec 471......       859
        Inquiry point..................  PL 96-39 Sec 472......       859
      Technical assistance.............  PL 96-39 Sec 416......       852
      Technical barriers to trade        PL 96-39..............       846
      Technical offices, establishment   PL 96-39 Sec 412......       848
       and operation of.
      Trade Representative functions...  PL 96-39 Sec 411......       848
    Trade Agreements Act of 1979--
     Continued
      Violations of U.S. obligations
        Action after receipt of          PL 96-39 Sec 423......       853
         representations.
        Procedure after finding by       PL 96-39 Sec 424......       854
         international forum.
        Representations................  PL 96-39 Sec 422......       853
        Right of action................  PL 96-39 Sec 421......       853
    Trade Agreements Program...........  EO 11846..............       898
      Administration of
        Activities of..................  EO 11846 Sec 1........       898
        East-West Foreign Trade Board..  EO 11846 Sec 7........       901
        Generalized System of            EO 11846 Sec 8........       902
         Preferences.
        Import relief and market         EO 11846 Sec 5........       901
         disruption.
        Prior Executive Orders.........  EO 11846 Sec 9........       902
        Special Representative for       EO 11846 Sec 2........       898
         Trade Negotiations.
        Trade negotiations under Title   EO 11846 Sec 4........       900
         I of the Act.
        Trade Policy Committee.........  EO 11846 Sec 3........       899
    Trade and Development Act of 2000..  PL 106-200............       650
      Agricultural trade negotiating
       objectives
        Consultations with Congress....  PL 106-200 Sec 409(c).       654
        Findings.......................  PL 106-200 Sec 409....       653
        Sense of Congress..............  PL 106-200 Sec 409(d).       655
      Trade adjustment assistance
        Agricultural commodity           PL 106-200 Sec 408....       653
         producers, report.
        Certification of eligibility     PL 106-200 Sec 402....       652
         for workers required for
         decommissioning or closure of
         facility.
        Employment and, report.........  PL 106-200 Sec 401....       651
      Wool article imports
        Refund of duties...............  PL 106-200 Sec 505....       656
        Wool Research, Development, and  PL 106-200 Sec 506....       657
         Promotion Trust Fund.
    Trade and Development Agency
      Tied aid credit program            PL 98-181 Sec 645.....      1321
       establishment.
    Trade and Development Enhancement    PL 98-181.............      1319
     Act of 1983.
      Tied aid credit export subsidies
        Definitions....................  PL 98-181 Sec 647.....      1323
        Export-Import Bank program       PL 98-181 Sec 644.....      1320
         establishment.
        Implementation.................  PL 98-181 Sec 646.....      1323
        Negotiating mandate............  PL 98-181 Sec 643.....      1320
        Statement of purpose...........  PL 98-181 Sec 642.....      1319
        Trade and Development Agency     PL 98-181 Sec 645.....      1321
         program establishment.
    Trade and Development Program
      Administrative provisions........  PL 100-418 Sec 2204(d)      1285
      Funding levels...................  PL 100-418 Sec 2204(b)      1284
      Reaffirmation of support.........  PL 100-418 Sec 2204(a)      1284
    Trade and Environment Policy         EO 12905..............       914
     Advisory Committee.
      Administration...................  EO 12905 Sec 4........       914
      Establishment of.................  EO 12905 Sec 1........       914
      Functions........................  EO 12905 Sec 3........       914
      Membership.......................  EO 12905 Sec 2........       914
      Termination of...................  EO 12905 Sec 5........       915
    Trade Deficit Review Commission Act  PL 105-277 Sec 127....       659
    Trade diversion
      Actions described................  PL 93-618 Sec 422(c)..       389
      Basis for determination of         PL 93-618 Sec 422(d)..       389
       significant diversion.
      Commission determination.........  PL 93-618 Sec 422(e)..       390
      Duration of action...............  PL 93-618 Sec 422(i)..       392
      Initiation of investigation......  PL 93-618 Sec 422(b)..       389
    Trade diversion--Continued
      Monitoring by Customs Service....  PL 93-618 Sec 422(a)..       389
      Presidential action..............  PL 93-618 Sec 422(h)..       391
      Public comment...................  PL 93-618 Sec 422(f)..       391
      Recommendation to President......  PL 93-618 Sec 422(g)..       391
      Review of circumstances..........  PL 93-618 Sec 422(j)..       392
    Trade Expansion Act of 1962........  PL 87-794.............       866
      Basic authority for trade          PL 87-794 Sec 201.....       866
       agreements.
      Definitions......................  PL 87-794 Sec 405.....       878
      Financial assistance               PL 87-794 Sec 316.....       874
       administration.
      Interagency trade organization...  PL 87-794 Sec 242.....       871
      National security
        Import sanctions for export      PL 87-794 Sec 233.....       870
         violations.
        Safeguarding...................  PL 87-794 Sec 232.....       867
      Normal trade relations...........  PL 87-794 Sec 251.....       872
      Penalties........................  PL 87-794 Sec 319.....       875
      Protective provisions............  PL 87-794 Sec 318.....       874
      References.......................  PL 87-794 Sec 258.....       873
      Relation to other laws...........  PL 87-794 Sec 257.....       872
      Statement of purposes............  PL 87-794 Sec 102.....       866
      Suits............................  PL 87-794 Sec 320.....       875
      Tariff adjustment
        Authority......................  PL 87-794 Sec 351.....       875
        Orderly marketing agreements...  PL 87-794 Sec 352.....       878
      Termination......................  PL 87-794 Sec 255.....       872
    Trade expansion priorities. See      EO 12901..............       912
     also Discriminatory Procurement
     Practices.
                                         EO 13116..............       916
      Agreements for the elimination of  EO 12901 Sec 3........       913
       barriers.
      Annual report....................  EO 13116 Sec 1........       916
      Consultations and advice.........  EO 13116 Sec 2........       919
      Identification...................  EO 12901 Sec 1........       912
                                         EO 13116 Sec 1........       916
      Initiation of investigations.....  EO 12901 Sec 2........       913
                                         EO 13116 Sec 3........       917
      Presidential direction...........  EO 12901 Sec 5........       913
                                         EO 13116 Sec 1........       919
      Reports..........................  EO 12901 Sec 4........       913
      Resolution.......................  EO 13116 Sec 2........       917
    Trade in services. See
     International Investment and Trade
     in Services Survey Act
    Trade issues
      International Monetary Fund/World
       Bank Group
        Bretton Woods Agreements Act...  PL 79-171 Sec 49......        27
    Trade law reform...................  PL 98-573.............       796
      Adjustments study................  PL 98-573 Sec 624.....       796
      Industrial targeting studies.....  PL 98-573 Sec 625.....       797
    Trade Policy Committee
      International trade functions....  EO 12188 Sec 1-102....       904
      Trade Agreements Program           EO 11846 Sec 3........       899
       administration.
    Trade Promotion Coordinating         EO 12870..............      1329
     Committee.
      Chairperson......................  EO 12870 Sec 2........      1329
      Duties...........................  EO 12870 Sec 4........      1330
                                         PL 100-418 Sec 2312(b)      1298
      Establishment and purpose........  PL 100-418 Sec 2312(a)      1298
      Establishment of.................  EO 12870 Sec 1........      1329
      Member qualifications............  PL 100-418 Sec 2312(e)      1299
      Membership.......................  PL 100-418 Sec 2312(d)      1299
      Primary objectives,                PL 106-158 Sec 6......      1269
       implementation of.
      Purpose..........................  EO 12870 Sec 3........      1329
      Report...........................  EO 12870 Sec 6........      1330
      Strategic plan...................  EO 12870 Sec 5........      1330
    Trade Promotion Coordinating
     Committee--Continued
      Strategic plan--Continued
                                         PL 100-418 Sec 2312(c)      1298
    Trade relations
      Clarification of designation of
       normal trade relations
        Findings and policy............  PL 105-206 Sec 5003(a)       668
        Savings provisions.............  PL 105-206 Sec 5003(c)       669
      Fair Trade in Automotive Parts     PL 105-261............      1271
       Act of 1998.
        Definitions....................  PL 105-261 Sec 3802...      1271
        Japan..........................  PL 105-261 Sec 3803...      1271
                                         PL 105-261 Sec 3804...      1272
    Trade Remedy Assistance Office
      Establishment of.................  PL 71-361 Sec 339.....       447
    Trade Representative. See United
     States Trade Representative
    Trade Sanctions Reform and Export    PL 106-387............      1481
     Enhancement Act of 2000.
      Congressional procedures.........  PL 106-387 Sec 907....      1485
      Cuba
        Prohibition on additional        PL 106-387 Sec 909....      1487
         imports from.
        Travel-related transactions,     PL 106-387 Sec 910....      1487
         requirements relating to.
      Definitions......................  PL 106-387 Sec 902....      1482
      Exceptions.......................  PL 106-387 Sec 904....      1483
      Prohibition on U.S. assistance     PL 106-387 Sec 908....      1486
       and financing.
      Restriction......................  PL 106-387 Sec 903....      1483
      State sponsors of international    PL 106-387 Sec 906....      1484
       terrorism.
      Termination of sanctions.........  PL 106-387 Sec 905....      1484
    Trade statistics
      Collection.......................  13 USC Sec 301........      1717
      Delayed filings..................  13 USC Sec 304........      1720
      Filing export information........  13 USC Sec 304........      1720
      Penalties for failure to file....  13 USC Sec 304........      1720
      Penalties for unlawful export      13 USC Sec 305........      1721
       information activities.
      Publication......................  13 USC Sec 301........      1717
      Rules, regulations, and orders...  13 USC Sec 302........      1719
      Secretary of Treasury functions..  13 USC Sec 303........      1720
    Trade with Israel..................  PL 98-573.............      1128
      Application of trade law           PL 98-573 Sec 403.....      1129
       provisions.
      Construction of title............  PL 98-573 Sec 405.....      1131
      Duty-free treatment of articles,   PL 98-573 Sec 402.....      1128
       criteria for.
      Fast track procedures for          PL 98-573 Sec 404.....      1130
       perishable articles.
    Trading With the Enemy Act.........  PL 65-91..............      1458
      Meaning of word ``enemy''........  PL 65-91 Sec 2........      1458
      Penalties for violations.........  PL 65-91 Sec 16.......      1463
      Presidential authority...........  PL 65-91 Sec 5........      1461
      Prohibited actions...............  PL 65-91 Sec 3........      1460
      Removal of national emergency      PL 95-223 Sec 101.....      1466
       powers.
    Treasury, Department of
      Cuban Democracy Act                EO 12854 Sec 3........      1565
       implementation.
    Trinidad and Tobago. See Caribbean
     Basin Economic Recovery Act
    Turks and Caicos Islands. See
     Caribbean Basin Economic Recovery
     Act

                                        U

    Ukraine
      Trade Act of 1974 waiver.........  EO 12809..............      1203
    Union of Myanmar Economics Holdings
     Incorporated
      Import restrictions..............  PL 108-61 Sec 3.......      1642
    Union of Soviet Socialist Republics
      Normal trade relations...........  PL 102-197............      1193
    United Nations
      Iraq, compliance with sanctions    PL 101-513 Sec 586D...      1568
       against.
    United States and Foreign
     Commercial Service
      Audits...........................  PL 100-418 Sec 2301(g)      1292
      Cooperation in Federal financing   PL 100-418 Sec 2301(f)      1292
       and insurance programs.
      Environmental technologies         PL 100-418 Sec 2313(f)      1302
       specialists.
      Establishment of.................  PL 100-418 Sec 2301(a)      1289
      Offices..........................  PL 100-418 Sec 2301(c)      1290
      Pacific Rim Initiative...........  PL 100-418 Sec 2306...      1296
      Report...........................  PL 100-418 Sec 2301(h)      1293
      Statement of purpose.............  PL 100-418 Sec 2301(b)      1290
    United States-Australia Free Trade   PL 108-286............      1133
     Agreement Implementation Act.
      Approval and entry into force of   PL 108-286 Sec 101....      1133
       agreement.
      Consultation and layover           PL 108-286 Sec 104....      1135
       provisions for proclaimed
       actions.
      Definitions......................  PL 108-286 Sec 3......      1133
      Dispute settlement proceedings...  PL 108-286 Sec 105....      1136
      Harmonized Tariff Schedule.......  Gen. note 28..........       892
      Implementing actions in            PL 108-286 Sec 103(a).      1134
       anticipation of entry into force.
      Initial regulations..............  PL 108-286 Sec 103(b).      1135
      Purposes.........................  PL 108-286 Sec 2......      1133
      Relationship of agreement to       PL 108-286 Sec 102....      1134
       United States and state law.
      Termination effect...............  PL 108-286 Sec 106....      1136
    United States-Bahrain Free Trade     PL 109-169............      1107
     Agreement Implementation Act.
      Approval and entry into force of   PL 109-169 Sec 101....      1107
       agreement.
      Consultation and layover           PL 109-169 Sec 104....      1109
       provisions for proclaimed
       actions.
      Definitions......................  PL 109-169 Sec 3......      1107
      Dispute settlement proceedings...  PL 109-169 Sec 105....      1110
      Implementing actions in            PL 109-169 Sec 103....      1108
       anticipation of entry into force
       and initial regulations.
      Purposes.........................  PL 109-169 Sec 2......      1107
      Relationship of agreement to       PL 109-169 Sec 102....      1108
       United States and state law.
      Termination effect...............  PL 109-169 Sec 106....      1110
    United States-Canada Free-Trade
     Agreement
      Proprietary orders...............  PL 71-361 Sec 777.....       593
    United States-Canada Free Trade      PL 100-449............       987
     Agreement Implementation Act of
     1988.
      Acceptance by President of panel   EO 12662 Sec 3........      1056
       and committee decisions.
      Acts identified in national trade  PL 100-449 Sec 303....      1005
       estimates.
      Agriculture, special tariff        PL 100-449 Sec 301....       999
       provisions for fresh fruits and
       vegetables.
      Appointment of individuals to      PL 100-449 Sec 405(a).      1010
       panels and committees.
      Appropriations authorization for   PL 100-449 Sec 406....      1015
       Secretariat, panels, and
       committees.
      Approval of agreement............  PL 100-449 Sec 101....       987
      Automotive products, production-   PL 100-449 Sec 207....       998
       based duty remission programs.
      Consultation and lay-over          PL 100-449 Sec 103....       989
       requirements for proclaimed
       actions.
    United States-Canada Free Trade
     Agreement Implementation Act of
     1988--Continued
      Drawback.........................  PL 100-449 Sec 204....       997
      Enforcement......................  PL 100-449 Sec 205....       998
      Extraordinary challenges,          PL 100-449 Sec 407....      1016
       testimony and production of
       papers.
      Harmonized system................  PL 100-449 Sec 104....       990
      Immunity of panelists............  PL 100-449 Sec 405(c).      1014
      Implementing actions in            PL 100-449 Sec 105....       991
       anticipation of entry into force.
      Imports, relief from.............  PL 100-449 Sec 302....      1002
      Judicial review..................  EO 12662 Sec 3........      1056
      Negotiations regarding certain
       sectors
        Automotive products............  PL 100-449 Sec 304(c).      1007
        Biennial report................  PL 100-449 Sec 304(f).      1008
        Fish, Canadian controls on.....  PL 100-449 Sec 304(e).      1008
        General provisions.............  PL 100-449 Sec 304(a).      1006
        Intellectual property rights...  PL 100-449 Sec 304(b).      1006
        Potato trade limitation........  PL 100-449 Sec 304(d).      1007
        Services and investments.......  PL 100-449 Sec 304(b).      1006
      Purposes.........................  PL 100-449 Sec 2......       987
      Regulations necessary to           PL 100-449 Sec 405(d).      1014
       implement chapters 18 and 19.
      Relationship of agreement to U.S.  PL 100-449 Sec 102....       988
       law.
      Requests for review of             PL 100-449 Sec 408....      1017
       antidumping and countervailing
       duty determinations.
      Rules of origin
        Annex rules....................  PL 100-449 Sec 202(d).       994
        Application to apparel.........  PL 100-449 Sec 202(g).       997
        Automotive products............  PL 100-449 Sec 202(e).       994
        Definitions....................  PL 100-449 Sec 202(f).       994
        General provisions.............  PL 100-449 Sec 202(a).       992
        Interpretation.................  PL 100-449 Sec 202(c).       993
        Transshipment..................  PL 100-449 Sec 202(b).       993
      Severability.....................  PL 100-449 Sec 502....      1022
      Status of panelists..............  PL 100-449 Sec 405(b).      1014
      Steel products...................  PL 100-449 Sec 309....      1009
      Subsidies
        Identification of industries     PL 100-449 Sec 409(b).      1019
         facing subsidized imports.
        Negotiating authority..........  PL 100-449 Sec 409(a).      1017
      Tariff modifications.............  PL 100-449 Sec 201....       991
      Temporary entry for business       PL 100-449 Sec 307....      1009
       persons.
      Termination of agreement.........  PL 100-449 Sec 410....      1020
      Transition provisions............  PL 100-449 Sec 410(b).      1021
      United States Secretariat,         EO 12662 Sec 2........      1056
       establishment of.
                                         PL 100-449 Sec 405(e).      1015
    United States-Caribbean Basin Trade  PL 106-200............       944
     Partnership Act.
      Definitions......................  PL 106-200 Sec 203....       945
      Findings.........................  PL 106-200 Sec 201(a).       944
      Harmonized Tariff Schedule
        Products of countries            Gen. note 17..........       890
         designated beneficiary
         developing countries.
      Meetings of trade ministers and    PL 106-200 Sec 213....       945
       the United States Trade
       Representative.
      Policy...........................  PL 106-200 Sec 201(b).       945
    United States-Chile Free Trade
     Agreement
      Harmonized Tariff Schedule.......  Gen. note 26..........       891
    United States-Chile Free Trade       PL 108-77.............       937
     Agreement Implementation Act.
      Approval of agreement............  PL 108-77 Sec 101(a)..       937
      Claims arbitration...............  PL 108-77 Sec 106.....       940
      Consultation and layover           PL 108-77 Sec 103.....       938
       provisions for proclaimed
       actions.
      Definitions......................  PL 108-77 Sec 3.......       937
    United States-Chile Free Trade
     Agreement Implementation Act--
     Continued
      Dispute settlement proceedings     PL 108-77 Sec 105.....       940
       administration.
      Entry into force of agreement....  PL 108-77 Sec 101(b)..       938
      Implementing actions.............  PL 108-77 Sec 104(a)..       939
      Initial regulations..............  PL 108-77 Sec 104(b)..       939
      Purposes.........................  PL 108-77 Sec 2.......       937
      Relationship of agreement to       PL 108-77 Sec 102.....       938
       United States and state law.
      Termination of...................  PL 108-77 Sec 107.....       940
    United States-China Relations Act    PL 106-286............      1142
     of 2000.
      Broadcasting capital               PL 106-286 Sec 701(a).      1158
       improvements, appropriations
       authorizations.
      Commercial and labor rule of law
       development assistance
        Administrative authorities.....  PL 106-286 Sec 512....      1157
        Appropriations authorization...  PL 106-286 Sec 514....      1157
        Human rights abuses prohibition  PL 106-286 Sec 513....      1157
        Technical assistance and rule    PL 106-286 Sec 511....      1156
         of law program establishment.
      Congressional-Executive
       Commission on the People's
       Republic of China
        Appropriations authorization...  PL 106-286 Sec 307....      1150
        Establishment of...............  PL 106-286 Sec 301....      1146
        Expenditure of appropriations..  PL 106-286 Sec 305....      1150
        Functions of...................  PL 106-286 Sec 302....      1146
        Membership of..................  PL 106-286 Sec 303....      1149
        Printing and binding costs.....  PL 106-286 Sec 309....      1151
        Staff..........................  PL 106-286 Sec 308....      1150
        Subpoenas issuance and           PL 106-286 Sec 306....      1150
         administration of oaths.
        Votes of.......................  PL 106-286 Sec 304....      1150
        Witness testimony and            PL 106-286 Sec 306....      1150
         production of evidence.
      Definitions......................  PL 106-286 Sec 204....      1145
      Findings.........................  PL 106-286 Sec 202....      1142
      International broadcasting         PL 106-286 Sec 701(b).      1158
       operations, appropriations
       authorizations.
      Policy...........................  PL 106-286 Sec 203....      1144
      Report on compliance with WTO      PL 106-286 Sec 421....      1154
       obligations.
      Taiwan
        Accession to the World Trade     PL 106-286 Sec 601....      1158
         Organization.
      Task force on prohibition of
       importation of products of
       forced or prison labor
        Appropriations authorization...  PL 106-286 Sec 504....      1156
        Composition of.................  PL 106-286 Sec 503....      1155
        Establishment of...............  PL 106-286 Sec 501....      1154
        Functions of...................  PL 106-286 Sec 502....      1154
        Reports........................  PL 106-286 Sec 505....      1156
      WTO agreements, authorization to
       promote compliance
        Appropriations authorization...  PL 106-286 Sec 413....      1152
        Findings.......................  PL 106-286 Sec 411....      1152
        Purpose........................  PL 106-286 Sec 412....      1152
      WTO commitments
        Review of membership...........  PL 106-286 Sec 401....      1152
    United States Commercial Centers
      Appropriations authorization.....  PL 102-549 Sec 401(i).       682
      Definitions......................  PL 102-549 Sec 401(k).       682
      Establishment of.................  PL 102-549 Sec 401(a).       680
      Facilities relationship to         PL 102-549 Sec 401(g).       681
       Department of Commerce
       operations in host countries.
      Functions of.....................  PL 102-549 Sec 401(c).       680
      Purpose of.......................  PL 102-549 Sec 401(b).       680
    United States Commercial Centers--
     Continued
      Specific services to be provided.  PL 102-549 Sec 401(d).       681
      Staffing of......................  PL 102-549 Sec 401(f).       681
      Trade promotion activities.......  PL 102-549 Sec 401(e).       681
      Use of Market Development          PL 102-549 Sec 401(h).       682
       Cooperator Program.
    United States-Dominican Republic-
     Central America Free Trade
     Agreement Implementation Act. See
     Dominican Republic-Central America-
     United States Free Trade Agreement
     Implementation Act.
    United States-Hong Kong Policy Act   PL 102-383............      1160
     of 1992.
      Bilateral ties, sense of Congress  PL 102-383 Sec 101....      1161
      Commerce, sense of Congress......  PL 102-383 Sec 103....      1162
      Consultation with Congress.......  PL 102-383 Sec 204....      1166
      Continued application of U.S. law  PL 102-383 Sec 201....      1165
      Cultural and educational           PL 102-383 Sec 105....      1164
       exchanges, sense of Congress.
      Definitions......................  PL 102-383 Sec 3......      1161
      Findings and declarations........  PL 102-383 Sec 2......      1160
      Participation in multilateral      PL 102-383 Sec 102....      1162
       organizations, rights under
       international agreements, and
       trade status.
      Presidential order...............  PL 102-383 Sec 202....      1165
      Reports
        Requirements...................  PL 102-383 Sec 301....      1166
        Separate part of country         PL 102-383 Sec 302....      1167
         reports.
      Rules and regulations............  PL 102-383 Sec 203....      1166
      Transportation, sense of Congress  PL 102-383 Sec 104....      1164
    United States Information Agency
      South African programs...........  PL 103-149 Sec 7......      1633
    United States Information Service
      Dissemination of United States-    PL 106-200 Sec 105(d).      1081
       Sub-Saharan Africa Trade and
       Economic Cooperation Forum
       information.
    United States International Trade
     Commission. See International
     Trade Commission
    United States-Israel Free Trade
     Agreement
      Report to Congress...............  PL 107-210............      1127
    United States-Israel Free Trade      PL 99-47..............      1121
     Implementation Act of 1985.
      Applicability of provisions of     PL 99-47 Sec 9(b).....      1124
       agreement.
      Approval of agreement............  PL 99-47 Sec 3........      1121
      Duties, elimination or             PL 99-47 Sec 9(a).....      1123
       modifications of.
      Elimination or modifications of    PL 99-47 Sec 9(a).....      1123
       duties.
      Harmonized Tariff Schedule.......  Gen. note 8...........       888
      Proclamation authority...........  PL 99-47 Sec 4........      1122
      Purposes.........................  PL 99-47 Sec 2........      1121
      Relationship of agreement to U.S.  PL 99-47 Sec 5........      1122
       law.
      Shipment of articles of Israel     PL 99-47 Sec 9(c).....      1126
       through West Bank or Gaza Strip.
      Termination......................  PL 99-47 Sec 6........      1123
      Treatment of cost or value of      PL 99-47 Sec 9(d).....      1126
       materials.
    United States-Jordan Free Trade      PL 107-43.............      1115
     Area Implementation Act.
      Appropriations authorization.....  PL 107-43 Sec 402.....      1119
      Definitions......................  PL 107-43 Sec 3.......      1115
      Direct costs of processing         PL 107-43 Sec 102(b)..      1116
       operations.
      Harmonized Tariff Schedule.......  Gen. note 18..........       891
      Implementing regulations.........  PL 107-43 Sec 403.....      1119
      Purposes.........................  PL 107-43 Sec 2.......      1115
      Relationship of agreement to       PL 107-43 Sec 401.....      1119
       United States and state law.
      Rules of origin
        Direct costs of processing       PL 107-43 Sec 102(b)..      1116
         operations.
        Exclusion......................  PL 107-43 Sec 102(d)..      1118
        General provisions.............  PL 107-43 Sec 102(a)..      1116
    United States-Jordan Free Trade
     Area Implementation Act--Continued
      Rules of origin--Continued
        Textile and apparel articles...  PL 107-43 Sec 102(c)..      1117
      Tariff modifications.............  PL 107-43 Sec 101.....      1115
      Termination effect...............  PL 107-43 Sec 404.....      1120
    United States-Morocco Free Trade     PL 108-302............      1111
     Agreement Implementation Act.
      Approval and entry into force of   PL 108-302 Sec 101....      1111
       agreement.
      Arbitration of claims............  PL 108-302 Sec 106....      1114
      Consultation and layover           PL 108-302 Sec 104....      1113
       provisions for proclaimed
       actions.
      Definitions......................  PL 108-302 Sec 3......      1111
      Dispute settlement proceedings...  PL 108-302 Sec 105....      1114
      Harmonized Tariff Schedule.......  Gen. note 27..........       891
      Implementing actions in            PL 108-302 Sec 103(a).      1112
       anticipation of entry into force.
      Initial regulations..............  PL 108-302 Sec 103(b).      1113
      Purposes.........................  PL 108-302 Sec 2......      1111
      Relationship of agreement to       PL 108-302 Sec 102....      1112
       United States and state law.
      Termination effect...............  PL 108-302 Sec 107....      1114
    United States Secretariat
      Appropriations authorization.....  PL 100-449 Sec 406....      1015
      Establishment of.................  EO 12662 Sec 2........      1056
                                         PL 100-449 Sec 405(e).      1015
    United States-Singapore Free Trade
     Agreement
      Harmonized Tariff Schedule.......  Gen. note 25..........       891
    United States-Singapore Free Trade   PL 108-78.............      1137
     Agreement Implementation Act.
      Approval and entry into force of   PL 108-78 Sec 101.....      1137
       agreement.
      Claims arbitration...............  PL 108-78 Sec 106.....      1140
      Consultation and layover           PL 108-78 Sec 103.....      1138
       provisions for proclaimed
       actions.
      Definitions......................  PL 108-78 Sec 3.......      1137
      Dispute settlement proceedings...  PL 108-78 Sec 105.....      1139
      Harmonized Tariff Schedule.......  Gen. note 25..........       891
      Implementing actions in            PL 108-78 Sec 104(a)..      1139
       anticipation of entry into force.
      Initial regulations..............  PL 108-78 Sec 104(b)..      1139
      Nonimmigrant traders and           PL 108-78 Sec 401.....      1140
       investors.
      Purposes.........................  PL 108-78 Sec 2.......      1137
      Relationship of agreement to       PL 108-78 Sec 102.....      1138
       United States and state law.
      Termination effect...............  PL 108-78 Sec 107.....      1140
    United States-Sub-Saharan Africa
     Trade and Economic Cooperation
     Forum
      Declaration of policy............  PL 106-200 Sec 105(a).      1080
      Dissemination of information by    PL 106-200 Sec 105(d).      1081
       United States Information
       Service.
      Establishment of.................  PL 106-200 Sec 105(b).      1081
      HIV/AIDS effect on workforce.....  PL 106-200 Sec 105(e).      1081
      Requirements.....................  PL 106-200 Sec 105(c).      1081
    United States Tariff Commission.
     See International Trade Commission
    United States Trade Representative
      Appointment of...................  PL 93-618 Sec 141(b)..       285
      Appropriations authorization.....  PL 93-618 Sec 141(g)..       290
      Assistant United States Trade      PL 106-200 Sec 117....      1096
       Representative for African
       Affairs.
      Authority to pay WTO dispute       PL 107-210 Sec 5201(b)       649
       settlements.
      Establishment of Office..........  PL 93-618 Sec 141(a)..       285
    United States Trade Representative--
     Continued
      European Community and Government  EO 12849 Sec 5........      1075
       Procurement implementation
       responsibilities.
      Functions of.....................  PL 96-39 Sec 411......       848
      International trade functions....  EO 12188 Sec 1-101....       903
                                         RP No. 3 of 1979 Sec 1       893
      Meetings with trade ministers of   PL 106-200 Sec 213....       945
       Caribbean Basin Trade
       Partnership Act beneficiary
       countries.
      Relief from unfair trade
       practices
        Administration.................  PL 93-618 Sec 309.....       368
        Consultation upon initiation of  PL 93-618 Sec 303.....       360
         investigation.
        Definitions and special rules..  PL 93-618 Sec 301(d)..       356
        Determinations.................  PL 93-618 Sec 304.....       361
        Discretionary action...........  PL 93-618 Sec 301(b)..       354
        Identification of trade          PL 93-618 Sec 310.....       369
         expansion priorities.
        Implementation of actions......  PL 93-618 Sec 305.....       363
        Investigations initiation......  PL 93-618 Sec 302.....       359
        Mandatory action...............  PL 93-618 Sec 301(a)..       353
        Modification and termination of  PL 93-618 Sec 307.....       366
         actions.
        Monitoring of foreign            PL 93-618 Sec 306.....       365
         compliance.
        Request for information........  PL 93-618 Sec 308.....       367
        Retaliation list, revision of..  PL 93-618 Sec 307(b)..       365
        Review of necessity............  PL 93-618 Sec 307(c)..       367
        Scope of authority.............  PL 93-618 Sec 301(c)..       354
      Responsibilities of..............  PL 93-618 Sec 141(c)..       286
                                         PL 93-618 Sec 141(d)..       287
                                         PL 93-618 Sec 141(e)..       288
                                         PL 93-618 Sec 141(f)..       289
    Upstream subsidies
      Defined..........................  PL 71-361 Sec 771A(a).       572
      Determination of competitive       PL 71-361 Sec 771A(b).       573
       benefit.
      Inclusion of amount of             PL 71-361 Sec 771A(c).       573
       countervailable subsidy.
    Uranium
      Blocking property of the           EO 13159..............      1671
       government of the Russian
       Federation relating to the
       disposition of highly enriched
       uranium extracted from nuclear
       weapons.
    Uruguay Round Agreements
      Adherence to obligations.........  PL 107-210 Sec 2102(e)       629
      Trade agreement negotiating        PL 100-418 Sec 1102(e)       699
       authority.
    Uruguay Round Agreements Act         PL 103-465............       671
      Africa trade and development       PL 103-465 Sec 134....       675
       policy.
      Appropriations authorization.....  PL 103-465 Sec 101(c).       672
      Approval of agreements and         PL 103-465 Sec 101(a).       672
       statement of administrative
       action.
      Definitions......................  PL 103-465 Sec 2......       671
      Entry into force.................  PL 103-465 Sec 101(b).       672
      Implementing actions in            PL 103-465 Sec 103(a).       673
       anticipation of entry into force.
      Membership in the World Trade      PL 103-465 Sec 133....       675
       Organization of boycotting
       countries, sense of Congress.
      Regulations......................  PL 103-465 Sec 103(b).       674
      Relationship of the agreements to  PL 103-465 Sec 102....       673
       United States and state law.
      Rules of origin work program,      PL 103-465 Sec 132....       674
       implementation of.
      Statement of administrative        PL 103-465 Sec 101(a).       672
       action.
      Trade agreements to which this     PL 103-465 Sec 101(d).       672
       Act applies.
      Working party on worker rights...  PL 103-465 Sec 131....       674
    USAID. See Agency for International
     Development
    USIS. See United States Information
     Service
    USTR. See United States Trade
     Representative
    Uzbekistan
      Trade Act of 1974 waiver.........  EO 12809..............      1203

                                        V

    Vessels
      Anchorage and movement of,         Pres. Proc. 6867......      1554
       declaration of national
       emergency and emergency
       authority.
    Vietnam
      Normal trade relations...........  PL 107-52.............      1173
    Virgin Islands, British. See
     Caribbean Basin Economic Recovery
     Act
    Visas
      Burma, expansion of ban..........  PL 108-61 Sec 6.......      1643

                                        W

    Water conservation
      North American Development Bank    PL 108-215 Sec 3......       121
       projects.
                                         PL 108-215 Sec 4......       122
                                         PL 108-215 Sec 5......       122
    Weapons. See Chemical and
     biological weapons; Defense
     articles
    Weapons of mass destruction
      Proliferators and their            EO 13382..............      1512
       supporters.
    Western Balkans
      Blocking property of persons who   EO 13219..............      1661
       threaten international
       stabilization efforts.
    Wine
      Trade barriers, reports on         PL 100-418 Sec 1125...       710
       negotiations to eliminate.
      United States Trade                EO 12661 Sec 1-201....       908
       Representative functions.
    Wine Equity and Export Expansion     PL 98-573.............       805
     Act of 1984.
      Definitions......................  PL 98-573 Sec 903.....       806
      Designation of major wine trading  PL 98-573 Sec 904.....       806
       countries.
      Export promotion.................  PL 98-573 Sec 907.....       808
      Findings and purposes............  PL 98-573 Sec 902.....       805
      Required consultations...........  PL 98-573 Sec 906.....       808
      Tariff and nontariff barriers      PL 98-573 Sec 905.....       807
       affecting U.S. wine, actions to
       reduce or eliminate.
    Wood exports
      Monitoring.......................  PL 100-418 Sec 2432...      1308
    Wool
      Imports
        Refund of duties...............  PL 106-200 Sec 505....       656
        Wool Research, Development, and  PL 106-200 Sec 506....       657
         Promotion Trust Fund.
      Wool Suit and Textile Trade
       Extension Act of 2004
        Extension of duty refunds......  PL 108-429 Sec 4002(c)       613
        Wool Trust Fund, establishment   PL 108-429 Sec 4002(c)       613
         of.
    Workers
      Rules of origin work program,      PL 103-465 Sec 132....       674
       implementation of.
    Workers--Continued
      Trade adjustment assistance
        Benefit information............  PL 93-618 Sec 225.....       339
        Downstream producers...........  PL 93-618 Sec 222(c)..       337
        Group eligibility requirements.  PL 93-618 Sec 222.....       336
        International Trade Commission   PL 93-618 Sec 224.....       338
         investigation, study by
         Secretary of Labor.
        Petitions......................  PL 93-618 Sec 221.....       335
        Secondary workers..............  PL 93-618 Sec 222(b)..       336
        Secretary of Labor,              PL 93-618 Sec 223.....       338
         determinations by.
        Suppliers......................  PL 93-618 Sec 222(c)..       337
      Worker rights
        Principal trade negotiating      PL 100-418 Sec 1101(b)       695
         objectives.
        Report.........................  PL 100-418 Sec 2207...      1288
        Working party on...............  PL 103-465 Sec 131(c).       674
    World Bank
      Anticorruption provisions........  PL 109-102 Sec 599D...       223
      Government-owned enterprises in    PL 95-118 Sec 1607....       181
       countries receiving loans,
       directives regarding.
      Improving access of small          PL 100-461 Sec 12.....       147
       businesses to procurement, sense
       of Congress.
      International Debt Management      PL 100-418 Sec 3113...       750
       Authority review.
      Policy based lending limitations.  PL 100-461 Sec 4......       146
    World Bank Group. See International
     Monetary Fund/World Bank Group
    World Trade Organization
      Accession of state trading         PL 100-418 Sec 1106...       705
       regimes.
      Action in response to trade        PL 93-618 Sec 422.....       389
       diversion.
      China, People's Republic of
        Authorization to promote         PL 106-286 Title IV...      1152
         compliance with agreements.
        Report on compliance with        PL 106-286 Sec 421....      1154
         obligations.
        Review of membership...........  PL 106-286 Sec 401....      1152
      Extended negotiations............  PL 107-210 Sec 2102(b)       626
      Fund for dispute settlements.....  PL 107-210 Sec 5201...       649
      Implementation of Article VIII of  EO 13042..............      1070
       the Agreement establishing the
       Organization.
      Improvement of trade agreements..  PL 107-210 Sec 2102(b)       622
      Membership of boycotting           PL 103-465 Sec 133....       675
       countries, sense of Congress.
      Taiwan accession.................  PL 106-286 Sec 601....      1158
      Transparency, General Council      PL 105-174 Sec 10006..       670
       policies.
      Unfair trade practices dispute     PL 93-618 Sec 306(b)..       365
       settlement.
      Working party on worker rights...  PL 103-465 Sec 131....       674
    World Trade Organization legal
     capacity
      Implementation of Article VIII of  EO 13042..............      1070
       the Agreement establishing the
       Organization.
    WTO. See World Trade Organization

                                        Y

    Yugoslavia
      International financial            PL 109-102 Sec 561....       221
       institutions funds prohibition
       to countries failing to
       cooperate with the International
       Criminal Tribunal.
      Prohibiting transactions.........  PL 104-208 Sec 533....      1656
    Yugoslavia--Continued
      Restriction on U.S. assistance     PL 106-113 Sec 599B...      1659
       for reconstruction in the
       Balkans region.

                                        Z

    Zimbabwe
      Blocking property of persons       EO 13288..............      1687
       undermining democratic processes
       or institutions.